NM Bar Multistate Bar 2

Question 1

A defendant is charged with burglary. At common law, which element is REQUIRED for a burglary conviction?

Accepted Answer

Breaking and entering a dwelling house of another at nighttime with intent to commit a felony therein

Answer

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?

Accepted Answer

An out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible

Answer

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?

Accepted Answer

Actual causation

Answer

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?

Accepted Answer

Police may seize contraband in plain view only if incriminating character is immediately apparent and officers are lawfully present

Answer

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?

Accepted Answer

The buyer bears the risk once the contract is signed

Answer

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.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Multistate Bar 2