IN Bar Specific Law 3 — Questions and Answers
Question 1: Under Indiana's 'one-pot' theory of marital property, which assets are subject to division at dissolution?
- All property owned by either spouse, including premarital and inherited assets (Correct answer)
- Only property acquired during the marriage
- Only jointly titled property
- Only property acquired after filing the petition
Correct answer: All property owned by either spouse, including premarital and inherited assets
Indiana places all property of either spouse, however and whenever acquired, into one divisible pot.
Question 2: In Indiana, adverse possession requires possession that is open, notorious, exclusive, hostile, and continuous for how many years?
- Ten years (Correct answer)
- Five years
- Fifteen years
- Twenty years
Correct answer: Ten years
Indiana's adverse possession period is ten years, and the claimant must also generally pay property taxes on the land.
Question 3: Under Indiana's Dead Man's Statute, a surviving party is generally incompetent to testify about what?
- Matters against an estate concerning transactions with the decedent (Correct answer)
- Any conversation with a living adverse party
- Hearsay statements by third parties
- Expert opinions on damages
Correct answer: Matters against an estate concerning transactions with the decedent
Indiana's Dead Man's Statute bars an interested survivor from testifying about transactions with a decedent in claims against the estate.
Question 4: In Indiana, the small claims jurisdictional limit for most small claims courts is what amount?
- $10,000 (Correct answer)
- $5,000
- $15,000
- $25,000
Correct answer: $10,000
Indiana small claims dockets generally handle civil claims up to $10,000.
Question 5: Under Indiana criminal law, murder is punishable by a fixed term of imprisonment between 45 and 65 years, with an advisory sentence of how many years?
- 55 years (Correct answer)
- 50 years
- 60 years
- 45 years
Correct answer: 55 years
Indiana Code 35-50-2-3 sets the advisory sentence for murder at 55 years.
Question 6: In Indiana, felonies other than murder are classified into how many levels?
- Six (Correct answer)
- Four
- Five
- Nine
Correct answer: Six
Since the 2014 criminal code revision, Indiana classifies felonies as Level 1 through Level 6.
Question 7: Under Indiana's Medical Malpractice Act, most claims must first be presented to what body before trial?
- A medical review panel (Correct answer)
- The Indiana Supreme Court
- A county grand jury
- The state health commissioner
Correct answer: A medical review panel
The Indiana Medical Malpractice Act generally requires review by a medical review panel before suit proceeds to trial.
Under Indiana's 'one-pot' theory of marital property, which assets are subject to division at dissolution?