Multistate Bar Flashcards
7 cards from real ND BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Multistate Bar flashcards as text
Under MBE Torts, which element distinguishes negligence per se from ordinary negligence?
Answer: A statute sets the standard of care
Negligence per se arises when a defendant violates a statute designed to protect a class of persons from the type of harm that occurred, replacing the reasonable person standard.
On the MBE, the felony murder rule applies when a death occurs during the commission or attempted commission of a felony. Which felony is most commonly listed as a predicate offense?
Answer: Robbery
Robbery is one of the classic BARRK felonies (Burglary, Arson, Rape, Robbery, Kidnapping) that serve as predicate offenses for felony murder.
Under MBE Civil Procedure, which type of jurisdiction allows a federal court to hear state law claims joined with a federal claim?
Answer: Supplemental jurisdiction
Under 28 U.S.C. § 1367, supplemental jurisdiction allows federal courts to hear state claims that form part of the same case or controversy as the federal claim.
Under MBE Property, which future interest is retained by a grantor who conveys 'To A for life, then if A has children, to A's children'?
Answer: Reversion
When a grantor creates a life estate with a contingent remainder that might not vest, the grantor retains a reversion to fill any gap in possession.
Under the MBE, a secured party with a perfected security interest in inventory has priority over which of the following?
Answer: A lien creditor who levied after perfection
A perfected security interest takes priority over a lien creditor who levied after perfection, as the secured party's rights attached first.
Under MBE Constitutional Law, a content-neutral regulation of speech in a traditional public forum must satisfy which test?
Answer: Intermediate scrutiny / time, place, and manner
Content-neutral time, place, and manner restrictions in a public forum must be narrowly tailored to serve a significant government interest and leave open alternative channels.
Under MBE Contracts, the parol evidence rule bars extrinsic evidence of prior or contemporaneous agreements to:
Answer: Contradict a fully integrated written agreement
The parol evidence rule prevents parties from introducing prior or contemporaneous extrinsic evidence to contradict the terms of a fully integrated written agreement.