NM Bar Multistate Bar 3

Question 1

Under the Federal Rules of Civil Procedure, a defendant must generally serve an answer to a complaint within:

Accepted Answer

21 days after service

Answer

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?

Accepted Answer

Administrative search of a residence without exigent circumstances

Answer

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?

Accepted Answer

Intent to permanently deprive the owner of the property

Answer

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:

Accepted Answer

Is limited to a recognized category such as light, air, support, or flow of an artificial stream

Answer

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?

Accepted Answer

Strict scrutiny

Answer

Racial classifications trigger strict scrutiny, requiring the government to show the law is narrowly tailored to serve a compelling governmental interest.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Multistate Bar 3