MS Bar Essay 2

Question 1

Under Mississippi contract law, when a party breaches a construction contract, the non-breaching owner's primary measure of damages is:

Accepted Answer

The difference between the contract price and the reasonable cost to repair or complete the work

Answer

The standard measure for owner damages in a construction breach is the cost to repair or complete the work, not simply the contract price minus completion cost.

Question 2

In a Mississippi negligence essay, a defendant argues the plaintiff assumed the risk. Which element is MOST critical to establish assumption of the risk as a complete defense?

Accepted Answer

Plaintiff had actual knowledge of the specific risk and voluntarily encountered it

Answer

Assumption of risk requires that the plaintiff actually knew of the specific risk involved and voluntarily chose to encounter it.

Question 3

A Mississippi testator executes a will that contains a specific bequest of 'my 2020 Ford truck.' The testator later sells the truck before death. Under Mississippi law, the specific legatee receives:

Accepted Answer

Nothing, because the bequest adeems by extinction

Answer

Under the identity theory of ademption followed in Mississippi, if a specifically bequeathed item no longer exists in the estate, the bequest adeems and the legatee takes nothing.

Question 4

On a Mississippi bar essay covering constitutional law, police stop a vehicle for a minor traffic infraction and smell marijuana. They search the car without a warrant. The best argument that the search is constitutional is:

Accepted Answer

The automobile exception allows warrantless searches when officers have probable cause to believe contraband is present

Answer

Under the automobile exception established in Carroll v. United States, officers may search a vehicle without a warrant if they have probable cause to believe it contains contraband.

Question 5

In a Mississippi real property essay, a grantor conveys land 'to A for life, then to B and her heirs.' B dies before A. At A's death, the land passes to:

Accepted Answer

B's heirs or devisees, because a vested remainder survives the remainderman's death

Answer

B held a vested remainder in fee simple; because it was already vested, it passes through B's estate to her heirs or devisees upon her death.

(MS Bar) Mississippi Bar Exam Practice Test

(MS Bar) Mississippi Bar Exam Practice Test

MS Bar Essay 2