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

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?

Accepted Answer

Robbery

Answer

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?

Accepted Answer

Supplemental jurisdiction

Answer

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'?

Accepted Answer

Reversion

Answer

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?

Accepted Answer

A lien creditor who levied after perfection

Answer

A perfected security interest takes priority over a lien creditor who levied after perfection, as the secured party's rights attached first.

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Multistate Bar 3