ND Bar Multistate Bar 4

Question 1

Under the MBE, which type of taking requires the government to pay just compensation even if the property owner retains title?

Accepted Answer

Regulatory taking

Answer

Physical occupation taking

Answer

Eminent domain proceeding

Answer

Inverse condemnation

Question 2

On the MBE Civil Procedure section, Rule 12(b)(6) challenges the legal sufficiency of a complaint by arguing:

Accepted Answer

The plaintiff has failed to state a claim upon which relief can be granted

Answer

The court lacks personal jurisdiction over the defendant

Answer

Service of process was improper

Answer

The complaint was filed in the wrong venue

Question 3

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:

Accepted Answer

Crawford v. Washington

Answer

Ohio v. Roberts

Answer

Davis v. Washington

Answer

Michigan v. Bryant

Question 4

Under MBE Torts, strict liability for abnormally dangerous activities requires the court to consider all of the following EXCEPT:

Accepted Answer

Whether the defendant acted negligently

Answer

High degree of risk of harm

Answer

Inability to eliminate risk through reasonable care

Answer

Whether the activity is common in the community

Question 5

Under MBE Criminal Procedure, which exception allows a warrantless search of a vehicle based on probable cause alone?

Accepted Answer

Automobile exception

Answer

Plain view doctrine

Answer

Search incident to arrest

Answer

Inventory search

Question 6

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?

Accepted Answer

Easement by implication

Answer

Easement by prescription

Answer

Easement by estoppel

Answer

Easement by express grant

Question 7

Under MBE Contracts, which doctrine excuses a party's performance when an unforeseen event makes performance commercially impracticable?

Accepted Answer

Commercial impracticability

Answer

Frustration of purpose

Answer

Mutual mistake

Answer

Impossibility of performance