MS Bar Essay 3

Question 1

A Mississippi bar essay presents a tort scenario where a product injures a consumer. Under strict products liability, the plaintiff must prove the product was:

Accepted Answer

Unreasonably dangerous due to a defect when it left the seller's control

Answer

Strict products liability requires proof that the product was in an unreasonably dangerous defective condition when it left the defendant's control, not that the defendant was negligent.

Question 2

In a Mississippi domestic relations essay, a court is asked to modify a prior child custody order. The moving party must show:

Accepted Answer

A material change in circumstances affecting the child's welfare since the prior order

Answer

Mississippi requires the moving party to first demonstrate a material change in circumstances before the court will conduct a best-interest-of-the-child analysis for custody modification.

Question 3

A Mississippi essay on civil procedure asks about service of process on a corporation. Which method is NOT a proper means of service under the Mississippi Rules?

Accepted Answer

Posting process on the front door of the corporation's principal office

Answer

Posting process on the door of a corporation's office is not an authorized method of service under the Mississippi Rules of Civil Procedure.

Question 4

On a Mississippi evidence essay, the opposing party objects that a business record offered under MRE 803(6) is inadmissible because it was prepared in anticipation of litigation. The record is:

Accepted Answer

Inadmissible if the primary purpose of preparing the record was for litigation

Answer

The business records exception under MRE 803(6) excludes records prepared primarily in anticipation of litigation because they lack the circumstantial trustworthiness of routine business entries.

Question 5

In a Mississippi wills essay, a testator's holographic will is found with interlineations made after execution. The interlineations are:

Accepted Answer

Valid as part of the will if entirely in the testator's handwriting and dated

Answer

In Mississippi, a holographic will's interlineations are valid if they are entirely handwritten by the testator and the changed instrument is dated and signed.

(MS Bar) Mississippi Bar Exam Practice Test

(MS Bar) Mississippi Bar Exam Practice Test

MS Bar Essay 3