NE Bar Multistate Bar 5

Question 1

Under the MBE, which of the following is the best example of an 'ultra hazardous activity' triggering strict liability?

Accepted Answer

Blasting with dynamite during a construction project

Answer

Blasting with explosives is the classic example of an abnormally dangerous activity that imposes strict liability under the Restatement (Second) of Torts § 519.

Question 2

A defendant is convicted based largely on a co-conspirator's confession that was not subject to cross-examination. Which constitutional provision is most directly violated?

Accepted Answer

The Confrontation Clause of the Sixth Amendment

Answer

The Confrontation Clause of the Sixth Amendment (interpreted in Crawford v. Washington) bars admission of testimonial hearsay unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.

Question 3

Under FRCP 15, a party may amend a pleading once as a matter of course within how many days after serving it?

Accepted Answer

21 days

Answer

Under FRCP 15(a)(1), a party may amend once as a matter of course within 21 days after serving the pleading.

Question 4

In a negligence per se analysis, the plaintiff must show the statute was designed to protect:

Accepted Answer

A class of persons that includes the plaintiff from the type of harm that occurred

Answer

Negligence per se requires that the statute was designed to protect a class of persons that includes the plaintiff from the specific type of harm the plaintiff suffered.

Question 5

Under the MBE, a mortgagor defaults and the mortgagee seeks foreclosure. In a 'title theory' state, legal title to the mortgaged property is held by:

Accepted Answer

The mortgagee from the moment the mortgage is executed

Answer

In title theory states, the mortgagee holds legal title from the time the mortgage is executed, with the mortgagor retaining an equity of redemption.

(NE Bar) Nebraska Bar Exam Practice Test

(NE Bar) Nebraska Bar Exam Practice Test

NE Bar Multistate Bar 5