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 the MBE, which type of taking requires the government to pay just compensation even if the property owner retains title?
Answer: Regulatory taking
A regulatory taking occurs when government regulation goes too far and destroys all economically beneficial use of property, requiring just compensation under the Fifth Amendment.
On the MBE Civil Procedure section, Rule 12(b)(6) challenges the legal sufficiency of a complaint by arguing:
Answer: The plaintiff has failed to state a claim upon which relief can be granted
A Rule 12(b)(6) motion argues that even accepting all facts as true, the plaintiff has not alleged a legally cognizable claim for relief.
Under MBE Evidence, the Confrontation Clause bars admission of testimonial hearsay unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine. This holding comes from:
Answer: Crawford v. Washington
Crawford v. Washington (2004) held that the Confrontation Clause bars admission of testimonial statements by unavailable declarants unless the defendant had a prior opportunity to cross-examine.
Under MBE Torts, strict liability for abnormally dangerous activities requires the court to consider all of the following EXCEPT:
Answer: Whether the defendant acted negligently
Strict liability for abnormally dangerous activities does not require proof of negligence — liability attaches regardless of the care exercised.
Under MBE Criminal Procedure, which exception allows a warrantless search of a vehicle based on probable cause alone?
Answer: Automobile exception
The automobile exception permits a warrantless search of a vehicle and any container within it when there is probable cause to believe contraband or evidence of crime is present.
On the MBE, which type of easement is created when a landowner conveys part of the property and the grantor's implied use of the retained portion is obvious and necessary?
Answer: Easement by implication
An easement by implication arises from prior use — the grantor's use of the retained land must have been apparent and reasonably necessary at the time of severance.
Under MBE Contracts, which doctrine excuses a party's performance when an unforeseen event makes performance commercially impracticable?
Answer: Commercial impracticability
UCC § 2-615 and common law recognize commercial impracticability when an unforeseen, severe event occurs that makes performance not literally impossible but commercially unreasonable.