NM Bar NM Bar Industry Standards 2

Question 1

Under the New Mexico Rules of Professional Conduct, when must an attorney obtain informed consent from a client before undertaking representation that poses a concurrent conflict of interest?

Accepted Answer

Before or at the time of undertaking the representation

Answer

Rule 16-107 NMRA requires informed consent, confirmed in writing, before undertaking representation when a concurrent conflict of interest exists.

Question 2

Under NMSA 1978, the New Mexico Tort Claims Act generally waives governmental immunity for personal injury claims up to what maximum amount per occurrence?

Accepted Answer

$200,000

Answer

NMSA 1978 § 41-4-19 caps governmental liability at $200,000 per occurrence for personal injury claims under the Tort Claims Act.

Question 3

In New Mexico, which doctrine allows a court to reform a written contract when it does not reflect the true agreement of the parties due to mutual mistake?

Accepted Answer

Reformation

Answer

Reformation is the equitable remedy that rewrites a contract to conform to the parties' actual intent when mutual mistake caused the writing to deviate from that intent.

Question 4

Under the New Mexico Uniform Probate Code, how long after a decedent's death must a will be filed with the district court for informal probate?

Accepted Answer

Within 3 years

Answer

NMSA 1978 § 45-3-108 requires that informal probate be initiated within three years of the decedent's death.

Question 5

Under New Mexico's Implied Warranty of Habitability, which party bears the burden of proof to show a residential dwelling is uninhabitable?

Accepted Answer

The tenant

Answer

Under New Mexico law, the tenant bears the initial burden of demonstrating that conditions breach the implied warranty of habitability.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar NM Bar Industry Standards 2