ND Bar Multistate Bar 3

Question 1

Under MBE Torts, which element distinguishes negligence per se from ordinary negligence?

Accepted Answer

A statute sets the standard of care

Answer

The defendant must be a professional

Answer

The plaintiff must prove actual damages

Answer

The defendant must have acted intentionally

Question 2

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?

Accepted Answer

Robbery

Answer

Perjury

Answer

Fraud

Answer

Forgery

Question 3

Under MBE Civil Procedure, which type of jurisdiction allows a federal court to hear state law claims joined with a federal claim?

Accepted Answer

Supplemental jurisdiction

Answer

Diversity jurisdiction

Answer

Pendent jurisdiction

Answer

Original jurisdiction

Question 4

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'?

Accepted Answer

Reversion

Answer

Remainder

Answer

Right of entry

Answer

Executory interest

Question 5

Under the MBE, a secured party with a perfected security interest in inventory has priority over which of the following?

Accepted Answer

A lien creditor who levied after perfection

Answer

A prior perfected security interest in the same collateral

Answer

A buyer in ordinary course of business

Answer

A holder of a purchase money security interest in the same goods

Question 6

Under MBE Constitutional Law, a content-neutral regulation of speech in a traditional public forum must satisfy which test?

Accepted Answer

Intermediate scrutiny / time, place, and manner

Answer

Strict scrutiny

Answer

Rational basis

Answer

Compelling governmental interest

Question 7

Under MBE Contracts, the parol evidence rule bars extrinsic evidence of prior or contemporaneous agreements to:

Accepted Answer

Contradict a fully integrated written agreement

Answer

Explain an ambiguous term in the written contract

Answer

Show the contract was induced by fraud

Answer

Establish that a condition precedent was not met