MS Bar Law Component 2 — Questions and Answers
Question 1: Under Mississippi's version of the Uniform Commercial Code, when does risk of loss pass to a buyer in a shipment contract when the seller is a merchant?
- When the seller tenders the goods to the carrier (Correct answer)
- When the buyer receives the goods
- When the contract is formed
- When the goods are identified to the contract
Correct answer: When the seller tenders the goods to the carrier
In a shipment contract, risk of loss passes to the buyer when the seller duly delivers the goods to the carrier.
Question 2: In Mississippi, what is the statute of limitations for filing a medical malpractice claim?
- 3 years from the date of injury or discovery
- 2 years from the date of injury or discovery (Correct answer)
- 1 year from the date of injury
- 5 years from the date of injury
Correct answer: 2 years from the date of injury or discovery
Mississippi Code § 15-1-36 requires medical malpractice claims to be filed within 2 years of the alleged act or discovery.
Question 3: Under Mississippi law, which of the following accurately describes the 'deliberate design' exception in a products liability case?
- The manufacturer intentionally designed the product to cause harm (Correct answer)
- The plaintiff assumed the risk of a known defect
- The product met all applicable safety standards
- The defect arose from misuse by the plaintiff
Correct answer: The manufacturer intentionally designed the product to cause harm
The deliberate design exception under Mississippi products liability law applies when the manufacturer intentionally designed the product to be harmful.
Question 4: Under the Mississippi Rules of Evidence, which of the following is NOT a recognized hearsay exception?
- Present sense impression
- Excited utterance
- A statement of future intent offered to show the declarant later acted consistently (Correct answer)
- A business record made in the regular course of business
Correct answer: A statement of future intent offered to show the declarant later acted consistently
While the Hillmon doctrine allows future intent statements in some jurisdictions, Mississippi does not independently recognize a statement of future intent as a standalone hearsay exception.
Question 5: In a Mississippi criminal trial, when may a defendant invoke the Fifth Amendment right to remain silent at sentencing?
- At any phase where testimony could incriminate the defendant in future proceedings (Correct answer)
- Only during the guilt phase, not sentencing
- Only if the defendant testified at trial
- Never; the right ends upon conviction
Correct answer: At any phase where testimony could incriminate the defendant in future proceedings
The Fifth Amendment privilege against self-incrimination applies at sentencing because testimony there could be used in subsequent criminal proceedings.
Question 6: Under Mississippi property law, a deed containing a general warranty covenant obligates the grantor to defend against claims arising from:
- All encumbrances, whether created by the grantor or a prior owner (Correct answer)
- Only encumbrances the grantor personally created
- Only encumbrances arising after the deed was recorded
- Only encumbrances listed on the face of the deed
Correct answer: All encumbrances, whether created by the grantor or a prior owner
A general warranty deed protects the grantee against all title defects, including those created by prior owners in the chain of title.
Question 7: Under Mississippi civil procedure, what is the effect of failing to join an indispensable party under MRCP Rule 19?
- The court must dismiss the action if the party cannot be joined and equity so requires (Correct answer)
- The case proceeds; absent parties are bound by the judgment
- The plaintiff automatically waives any claim against the absent party
- The defendant is liable for double damages for concealing the party
Correct answer: The court must dismiss the action if the party cannot be joined and equity so requires
If an indispensable party cannot be joined and in equity the action should not proceed, the court must dismiss under MRCP Rule 19(b).
MS Bar Law Component 2
Under Mississippi's version of the Uniform Commercial Code, when does risk of loss pass to a buyer in a shipment contract when the seller is a merchant?