NM Bar Multistate Bar 3 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure, a defendant must generally serve an answer to a complaint within:
- 14 days after service
- 21 days after service (Correct answer)
- 30 days after service
- 60 days after service
Correct answer: 21 days after service
Under FRCP 12(a)(1)(A)(i), a defendant must serve an answer within 21 days after being served with the summons and complaint.
Question 2: Which of the following is NOT a recognized exception to the warrant requirement under the Fourth Amendment?
- Search incident to lawful arrest
- Consent search
- Administrative search of a residence without exigent circumstances (Correct answer)
- Automobile exception
Correct answer: Administrative search of a residence without exigent circumstances
Administrative searches of private residences generally require a warrant or consent; the administrative search exception applies primarily to pervasively regulated businesses.
Question 3: At common law, which intent is required for the crime of larceny?
- Intent to use the property temporarily
- Intent to permanently deprive the owner of the property (Correct answer)
- Reckless disregard for the owner's property rights
- Knowledge that the property belongs to another
Correct answer: Intent to permanently deprive the owner of the property
Larceny at common law requires the specific intent to permanently deprive the owner of the property at the time of the taking.
Question 4: A landowner wishes to create a negative easement allowing him to prevent his neighbor from blocking his ocean view. Under traditional common law, such an easement:
- Is freely recognized if the parties agree in writing
- Is limited to a recognized category such as light, air, support, or flow of an artificial stream (Correct answer)
- Can be created by prescription just like affirmative easements
- Is automatically implied when the land is sold
Correct answer: Is limited to a recognized category such as light, air, support, or flow of an artificial stream
At common law, negative easements are recognized only in four categories: light, air, lateral support, and flow of water in an artificial stream.
Question 5: Under the Equal Protection Clause, laws that classify based on race are subject to which standard of review?
- Rational basis
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Compelling interest with narrow tailoring only if facially discriminatory
Correct answer: Strict scrutiny
Racial classifications trigger strict scrutiny, requiring the government to show the law is narrowly tailored to serve a compelling governmental interest.
Question 6: Under contract law, the mirror image rule provides that:
- An offeree's acceptance must exactly match the terms of the offer to form a contract
- A contract is formed when the parties agree on price and quantity
- Any modification of an offer constitutes a counteroffer and rejection
- Both (a) and (c) are correct (Correct answer)
Correct answer: Both (a) and (c) are correct
The mirror image rule holds that an acceptance must exactly match the offer, and any variation constitutes a counteroffer and rejection of the original offer.
Question 7: In a civil trial, the preponderance of the evidence standard means the plaintiff must show:
- The defendant's liability is possible
- The evidence slightly favors plaintiff's version of events
- It is more likely than not (greater than 50%) that the defendant is liable (Correct answer)
- The defendant's conduct was clearly and convincingly negligent
Correct answer: It is more likely than not (greater than 50%) that the defendant is liable
Preponderance of the evidence requires the plaintiff to show that it is more probable than not (over 50%) that the defendant is liable.
NM Bar Multistate Bar 3
Under the Federal Rules of Civil Procedure, a defendant must generally serve an answer to a complaint within: