NM Bar Essays 3

Question 1

A New Mexico essay presents a secured creditor who perfected a security interest in a debtor's equipment by filing a UCC-1. The debtor later files Chapter 7 bankruptcy. What is the creditor's status?

Accepted Answer

Secured creditor entitled to the value of the collateral up to the debt owed

Answer

A properly perfected security interest survives bankruptcy; the creditor remains secured up to the collateral's value and may be entitled to adequate protection.

Question 2

In a New Mexico constitutional law essay, the state legislature passes a law requiring all private employers to display only English in the workplace. A plaintiff challenges this under the First Amendment. What is the strongest argument against the law?

Accepted Answer

The law compels speech and restricts the communicative conduct of employers and employees

Answer

Compelled speech doctrine under the First Amendment protects against government mandates compelling or prohibiting particular expression, including language use.

Question 3

On a New Mexico evidence essay, a hearsay declarant is unavailable. The opposing party seeks to admit the declarant's prior testimony from a civil deposition. What foundational requirement must be satisfied?

Accepted Answer

The testimony was given under oath and the opposing party had opportunity and motive to cross-examine

Answer

Former testimony is admissible under the hearsay exception if given under oath at a prior proceeding where the opponent had opportunity and similar motive to develop the testimony.

Question 4

A New Mexico essay involves an employee fired the day before his pension vests after 10 years of service. He sues under ERISA. What claim is most viable?

Accepted Answer

Interference with attainment of pension benefits under ERISA § 510

Answer

ERISA § 510 prohibits discharging an employee to prevent the vesting of pension benefits, and this timing creates a strong inference of such interference.

Question 5

Under New Mexico law, a landlord fails to repair a defective heater in subfreezing weather after receiving written notice from the tenant. The tenant withholds rent. Which doctrine best supports the tenant?

Accepted Answer

The implied warranty of habitability allowing rent withholding without vacating

Answer

New Mexico recognizes the implied warranty of habitability, and many jurisdictions following this doctrine allow tenants to withhold rent for uncured material breaches.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Essays 3