IN Bar Specific Law 2 — Questions and Answers
Question 1: Under Indiana's Comparative Fault Act, a plaintiff is barred from recovery in a negligence action when their fault exceeds what percentage?
- 50% (Correct answer)
- 49%
- 51%
- 60%
Correct answer: 50%
Indiana's modified comparative fault rule bars recovery when the plaintiff's fault is greater than 50%.
Question 2: In Indiana, what is the general statute of limitations for personal injury claims?
- Two years (Correct answer)
- One year
- Three years
- Six years
Correct answer: Two years
Indiana Code 34-11-2-4 sets a two-year limitations period for injury to person or character.
Question 3: Under Indiana law, the Comparative Fault Act does NOT apply to negligence claims against which defendant?
- Governmental entities (Correct answer)
- Private hospitals
- Retail corporations
- Individual landlords
Correct answer: Governmental entities
Claims against governmental entities under the Indiana Tort Claims Act remain governed by common-law contributory negligence.
Question 4: In Indiana, a will must be signed by the testator and witnessed by at least how many competent witnesses?
- Two (Correct answer)
- One
- Three
- Four
Correct answer: Two
Indiana Code 29-1-5-3 requires the testator's signature and attestation by two witnesses in the testator's presence.
Question 5: Indiana recognizes which standard for dissolving a marriage?
- No-fault based on irretrievable breakdown (Correct answer)
- Fault-only grounds
- Mandatory two-year separation
- Mutual consent required from both spouses
Correct answer: No-fault based on irretrievable breakdown
Indiana allows dissolution upon a finding of irretrievable breakdown of the marriage, a no-fault ground.
Question 6: Under the Indiana Tort Claims Act, a claim against a political subdivision must be filed within how many days of the loss?
- 180 days (Correct answer)
- 90 days
- 270 days
- 365 days
Correct answer: 180 days
The Indiana Tort Claims Act requires notice to a political subdivision within 180 days of the loss.
Question 7: In Indiana, how is marital property divided upon dissolution of marriage?
- Just and reasonable division with a presumption of equal split (Correct answer)
- Strict community property 50/50 rule
- Title-based distribution only
- Property always awarded to the higher earner
Correct answer: Just and reasonable division with a presumption of equal split
Indiana is a one-pot equitable division state with a rebuttable presumption that an equal division is just and reasonable.
IN Bar Specific Law 2
Under Indiana's Comparative Fault Act, a plaintiff is barred from recovery in a negligence action when their fault exceeds what percentage?