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 presence of a third party not necessary to the attorney-client relationship destroys the confidentiality that is essential to the privilege.

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

Rule 1-012(A) NMRA gives a defendant 30 days after service of the summons and complaint to serve an answer.

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

Article II, Section 12 of the New Mexico Constitution preserves the right to jury trial for actions at law, i.e., legal claims for monetary damages.

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

New Mexico's Mental Health and Developmental Disabilities Code requires clear and convincing evidence for involuntary civil commitment.

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

NMSA 1978 § 48-7-7 bars deficiency judgments on purchase money mortgages used to purchase single-family homes on 2.5 acres or less.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar NM Bar Industry Standards 3