ND Bar Multistate Bar 3 — Questions and Answers
Question 1: Under MBE Torts, which element distinguishes negligence per se from ordinary negligence?
- The defendant must be a professional
- A statute sets the standard of care (Correct answer)
- The plaintiff must prove actual damages
- The defendant must have acted intentionally
Correct 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.
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?
- Perjury
- Fraud
- Robbery (Correct answer)
- Forgery
Correct answer: Robbery
Robbery is one of the classic BARRK felonies (Burglary, Arson, Rape, Robbery, Kidnapping) that serve as predicate offenses for felony murder.
Question 3: Under MBE Civil Procedure, which type of jurisdiction allows a federal court to hear state law claims joined with a federal claim?
- Diversity jurisdiction
- Pendent jurisdiction
- Original jurisdiction
- Supplemental jurisdiction (Correct answer)
Correct 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.
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'?
- Reversion (Correct answer)
- Remainder
- Right of entry
- Executory interest
Correct 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.
Question 5: Under the MBE, a secured party with a perfected security interest in inventory has priority over which of the following?
- A prior perfected security interest in the same collateral
- A lien creditor who levied after perfection (Correct answer)
- A buyer in ordinary course of business
- A holder of a purchase money security interest in the same goods
Correct 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.
Question 6: Under MBE Constitutional Law, a content-neutral regulation of speech in a traditional public forum must satisfy which test?
- Strict scrutiny
- Rational basis
- Intermediate scrutiny / time, place, and manner (Correct answer)
- Compelling governmental interest
Correct 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.
Question 7: Under MBE Contracts, the parol evidence rule bars extrinsic evidence of prior or contemporaneous agreements to:
- Explain an ambiguous term in the written contract
- Show the contract was induced by fraud
- Contradict a fully integrated written agreement (Correct answer)
- Establish that a condition precedent was not met
Correct 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.
ND Bar Multistate Bar 3
Under MBE Torts, which element distinguishes negligence per se from ordinary negligence?