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

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.

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

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.

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

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.

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

Strict liability for abnormally dangerous activities does not require proof of negligence — liability attaches regardless of the care exercised.

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

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.

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Multistate Bar 4