NM Bar NM Bar Industry Standards 3

Question 1

Under New Mexico evidence law, the attorney-client privilege protects communications made for the purpose of obtaining legal advice. Which of the following would MOST LIKELY defeat the privilege?

Accepted Answer

A third party was present during the communication who was not necessary to the representation

Answer

The attorney later withdrew from the case

Answer

The client subsequently died

Answer

The matter involved a civil rather than criminal proceeding

Question 2

Under the New Mexico Rules of Civil Procedure, a defendant must serve an answer to a complaint within how many days after being served with the summons and complaint?

Accepted Answer

30 days

Answer

20 days

Answer

15 days

Answer

60 days

Question 3

Under New Mexico constitutional law, the right to a jury trial in civil cases is preserved for claims seeking what type of relief?

Accepted Answer

Legal (monetary) relief

Answer

Equitable relief only

Answer

Both legal and equitable relief equally

Answer

Declaratory judgment only

Question 4

In New Mexico, which standard of proof applies in a civil commitment proceeding for an individual alleged to be mentally ill and dangerous?

Accepted Answer

Clear and convincing evidence

Answer

Preponderance of the evidence

Answer

Beyond a reasonable doubt

Answer

Probable cause

Question 5

Under New Mexico's Anti-Deficiency Statute, which type of mortgage is shielded from a deficiency judgment after foreclosure?

Accepted Answer

Purchase money mortgages on single-family dwellings on 2.5 acres or less

Answer

Any residential mortgage regardless of acreage

Answer

Only FHA-insured loans

Answer

Commercial property purchase money mortgages

Question 6

A New Mexico attorney discovers during a trial that a client has testified falsely. After attempting to persuade the client to correct the testimony fails, what is the attorney's obligation?

Accepted Answer

Disclose the false testimony to the tribunal

Answer

Seek a continuance and withdraw

Answer

Maintain confidentiality and take no further action

Answer

Report the client to the State Bar only

Question 7

Under New Mexico's comparative fault system, a plaintiff who is found 55% at fault for their own injuries may:

Accepted Answer

Recover nothing, as their fault exceeds 50%

Answer

Recover 45% of total damages

Answer

Recover full damages reduced by 55%

Answer

Recover damages only if the defendant was grossly negligent