ND Bar Multistate Bar 5

Question 1

Under MBE Criminal Law, which defense negates the mental state required for specific-intent crimes but NOT general-intent crimes?

Accepted Answer

Voluntary intoxication

Answer

Voluntary intoxication may negate the specific intent required for crimes like murder (first degree) and larceny, but is not a defense to general-intent crimes.

Question 2

Under MBE Property, adverse possession typically requires possession that is open, notorious, actual, exclusive, continuous, and:

Accepted Answer

Under a claim of right (hostile)

Answer

Adverse possession requires hostile possession under a claim of right, meaning the possessor occupies the land without the owner's permission and as if it were their own.

Question 3

Under MBE Constitutional Law, the dormant Commerce Clause prevents states from enacting laws that:

Accepted Answer

Unduly burden or discriminate against interstate commerce

Answer

The dormant Commerce Clause doctrine prohibits state laws that discriminate against or unduly burden interstate commerce, even absent congressional action.

Question 4

Under MBE Evidence, which hearsay exception applies to a statement made during an ongoing emergency describing the emergency itself?

Accepted Answer

Excited utterance

Answer

An excited utterance under FRE 803(2) is a statement relating to a startling event made while the declarant was under the stress of excitement caused by the event.

Question 5

Under MBE Civil Procedure, a compulsory counterclaim is one that arises from the same transaction or occurrence as the plaintiff's claim and must be raised or it is:

Accepted Answer

Barred in future litigation

Answer

Under FRCP 13(a), a compulsory counterclaim that is not raised in the current action is waived and may not be asserted in a subsequent lawsuit.

(ND Bar) North Dakota Bar Exam Practice Test

(ND Bar) North Dakota Bar Exam Practice Test

ND Bar Multistate Bar 5