NM Bar Multistate Bar 2 — Questions and Answers
Question 1: A defendant is charged with burglary. At common law, which element is REQUIRED for a burglary conviction?
- Breaking and entering a dwelling house of another at nighttime with intent to commit a felony therein (Correct answer)
- Entering any structure at any time with intent to commit any crime
- Breaking into a commercial building during daylight with intent to commit theft
- Trespassing on another's property with a dangerous weapon
Correct answer: Breaking and entering a dwelling house of another at nighttime with intent to commit a felony therein
Common law burglary requires breaking and entering a dwelling house of another at nighttime with the specific intent to commit a felony therein.
Question 2: Under the Federal Rules of Evidence, which statement best describes the hearsay rule?
- Any out-of-court statement is inadmissible
- An out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible (Correct answer)
- Statements made by parties are always hearsay
- Written documents are never considered hearsay
Correct answer: An out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, and it is generally inadmissible under FRE 802.
Question 3: In a negligence action, the 'but-for' test is used to establish which element?
- Duty
- Breach
- Actual causation (Correct answer)
- Proximate causation
Correct answer: Actual causation
The 'but-for' test establishes actual (factual) causation: but for the defendant's conduct, the plaintiff's harm would not have occurred.
Question 4: Under the Fourth Amendment, which of the following is TRUE about the plain view doctrine?
- Police may seize any item they observe from a lawful vantage point without a warrant
- Police may seize contraband in plain view only if incriminating character is immediately apparent and officers are lawfully present (Correct answer)
- Any item visible from a public street is automatically subject to seizure
- Plain view applies only to searches of vehicles
Correct answer: Police may seize contraband in plain view only if incriminating character is immediately apparent and officers are lawfully present
Plain view permits warrantless seizure when officers are lawfully present, the item is in plain view, and its incriminating character is immediately apparent.
Question 5: A seller and buyer enter into a contract for the sale of land. Before closing, the property is destroyed by fire. Under the majority rule, who bears the risk of loss?
- The seller bears the risk until title is transferred at closing
- The buyer bears the risk once the contract is signed (Correct answer)
- Risk is split equally between buyer and seller
- The party in possession bears the risk
Correct answer: The buyer bears the risk once the contract is signed
Under the majority (equitable conversion) rule, once a land sale contract is signed, the buyer bears the risk of loss because equitable title passes to the buyer at execution.
Question 6: Under Article 2 of the UCC, a merchant's firm offer is irrevocable for a period not to exceed:
- 30 days
- 60 days
- 3 months (Correct answer)
- 6 months
Correct answer: 3 months
Under UCC § 2-205, a merchant's signed firm offer is irrevocable for the stated period, but in no event longer than three months.
Question 7: The Supremacy Clause of the U.S. Constitution provides that federal law preempts state law in which scenario?
- Only when Congress explicitly states preemption in the statute
- When federal and state law directly conflict or Congress has occupied the field (Correct answer)
- Whenever the federal government has any regulatory interest in the subject
- Only in matters of foreign affairs and national defense
Correct answer: When federal and state law directly conflict or Congress has occupied the field
Preemption occurs when federal and state laws directly conflict (impossibility preemption) or when Congress has occupied an entire regulatory field (field preemption).
NM Bar Multistate Bar 2
A defendant is charged with burglary.
At common law, which element is REQUIRED for a burglary conviction?