NM Bar Essays 2 — Questions and Answers
Question 1: Under New Mexico's community property rules, if a spouse uses separate property funds to improve community real estate, what is the likely result upon divorce?
- The separate property funds are a gift to the community with no reimbursement
- The contributing spouse receives a reimbursement claim equal to the amount contributed (Correct answer)
- The entire property becomes separate property of the contributing spouse
- The community must pay the contributing spouse double the amount contributed
Correct answer: The contributing spouse receives a reimbursement claim equal to the amount contributed
New Mexico recognizes a reimbursement claim when separate property funds are used to improve community property, preventing unjust enrichment.
Question 2: In a New Mexico contract essay, Seller emails Buyer an offer to sell land for $50,000, valid for 10 days. On day 5, Seller calls Buyer to revoke. On day 8, Buyer sends a written acceptance. Is there a contract?
- Yes, because the acceptance was within the 10-day period
- No, because oral revocation is effective immediately upon communication (Correct answer)
- Yes, because the offer was irrevocable for 10 days as a matter of law
- No, because land contracts require a signed written offer
Correct answer: No, because oral revocation is effective immediately upon communication
A non-option offer can be revoked at any time before acceptance; oral revocation is effective when communicated, so Seller's day-5 call terminated the offer.
Question 3: A New Mexico essay asks about a defendant charged with second-degree murder who claims he acted in the heat of passion. What is the most accurate statement about the legal effect of that claim?
- Heat of passion is a complete defense negating criminal liability
- Heat of passion reduces second-degree murder to voluntary manslaughter (Correct answer)
- Heat of passion reduces first-degree murder to second-degree murder
- Heat of passion is irrelevant in New Mexico criminal law
Correct answer: Heat of passion reduces second-degree murder to voluntary manslaughter
In New Mexico, adequate provocation causing heat of passion mitigates what would otherwise be second-degree murder to voluntary manslaughter.
Question 4: On the New Mexico Bar essay on civil procedure, Plaintiff files suit in state court. Defendant removes to federal court within 30 days. Plaintiff argues removal was improper because diversity jurisdiction requires the amount in controversy to exceed what threshold?
- $50,000
- $75,000 (Correct answer)
- $100,000
- $25,000
Correct answer: $75,000
Federal diversity jurisdiction under 28 U.S.C. § 1332 requires the amount in controversy to exceed $75,000, exclusive of interest and costs.
Question 5: A New Mexico essay presents a testator who executed a valid will, then handwrote 'I revoke this will' on the document and signed it. Is the will effectively revoked under New Mexico law?
- No, because written revocation requires a new formal will
- Yes, because a handwritten and signed revocation on the will itself is effective (Correct answer)
- No, because revocation requires two witnesses
- Yes, but only if the writing is notarized
Correct answer: Yes, because a handwritten and signed revocation on the will itself is effective
New Mexico law permits revocation by writing on the will itself if signed by the testator, satisfying the physical act plus intent requirement.
Question 6: In a New Mexico torts essay, a property owner hires an independent contractor to repair a roof. The contractor negligently drops tools injuring a pedestrian. Which statement best describes the owner's liability?
- The owner is always vicariously liable for independent contractor negligence
- The owner is generally not liable, but exceptions exist for inherently dangerous work (Correct answer)
- The owner is never liable when a written independent contractor agreement exists
- The owner is strictly liable because the work involves heights
Correct answer: The owner is generally not liable, but exceptions exist for inherently dangerous work
As a general rule employers are not vicariously liable for independent contractor torts, but exceptions apply to inherently dangerous activities and non-delegable duties.
Question 7: On a New Mexico professional responsibility essay, Attorney represents both the buyer and seller in a real estate transaction after both provide informed written consent. A dispute arises between the clients. What must Attorney do?
- Continue representing both clients to resolve the dispute efficiently
- Withdraw from representing both clients (Correct answer)
- Represent the buyer only, as the buyer initiated the transaction
- Represent whichever client first sought the attorney's counsel
Correct answer: Withdraw from representing both clients
When a concurrent conflict becomes actual and cannot be resolved by continued representation, the attorney must withdraw from the representation of both clients.
NM Bar Essays 2
Under New Mexico's community property rules, if a spouse uses separate property funds to improve community real estate, what is the likely result upon divorce?