IN Bar Multistate Essay 5

Question 1

In a corporations essay, a shareholder demands to inspect corporate books to investigate suspected mismanagement. The corporation must allow inspection if the shareholder:

Accepted Answer

Makes a written demand stating a proper purpose reasonably related to her interest as a shareholder

Answer

Shareholders have a statutory right to inspect books and records upon written demand for a proper purpose related to their shareholder interest, and investigating mismanagement qualifies.

Question 2

In an agency essay, an employer is sued for an employee delivery driver's negligent driving during a personal errand far off the assigned route. The employer's best defense is that the driver was:

Accepted Answer

On a frolic, a substantial deviation outside the scope of employment

Answer

A substantial personal deviation, or frolic, takes the employee outside the scope of employment and defeats respondeat superior liability.

Question 3

A trusts essay involves a spendthrift trust. Which creditor can typically reach the beneficiary's interest despite the spendthrift clause?

Accepted Answer

A child with a court order for child support

Answer

Most states and the UTC allow exception creditors, including claimants for child support and alimony, to reach a beneficiary's interest despite a spendthrift provision.

Question 4

In a civil procedure essay, a defendant fails to raise lack of personal jurisdiction in its pre-answer Rule 12 motion asserting improper venue. The personal jurisdiction defense is:

Accepted Answer

Waived, because it was omitted from the initial Rule 12 motion

Answer

Under Rule 12(g) and 12(h), personal jurisdiction is waived if omitted from a pre-answer motion raising other Rule 12(b) defenses.

Question 5

In a negotiable instruments essay, a holder in due course takes a note subject to which of the following defenses?

Accepted Answer

Real defenses such as infancy, duress voiding the obligation, and fraud in the factum

Answer

A holder in due course takes free of personal defenses but remains subject to real defenses like infancy, void duress, discharge in bankruptcy, and fraud in the factum.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Multistate Essay 5