NM Bar NM Bar Industry Standards 4

Question 1

Under the New Mexico Uniform Commercial Code, a merchant's firm offer to buy or sell goods is irrevocable without consideration for a maximum period of:

Accepted Answer

3 months

Answer

UCC § 2-205, as adopted in New Mexico, limits the irrevocability of a merchant's firm offer to a maximum of three months.

Question 2

Under New Mexico criminal law, what mental state must the prosecution prove for a conviction of second-degree murder?

Accepted Answer

Knowledge that the act created a strong probability of death or great bodily harm

Answer

NMSA 1978 § 30-2-1(B) defines second-degree murder as knowingly causing the death of another, meaning the defendant knew the act created a strong probability of death or great bodily harm.

Question 3

When a New Mexico attorney represents a corporation, who is the client for purposes of the attorney-client relationship?

Accepted Answer

The corporation as an entity

Answer

Rule 16-113 NMRA establishes that when representing a corporation, the attorney's client is the organization itself, not its constituents.

Question 4

Under New Mexico's statute of limitations, a plaintiff generally has how long to file a claim for breach of a written contract?

Accepted Answer

6 years

Answer

NMSA 1978 § 37-1-3 provides a six-year statute of limitations for actions founded on written contracts.

Question 5

Under New Mexico's long-arm statute, a court may exercise personal jurisdiction over a non-resident defendant who commits a tortious act outside New Mexico causing injury inside New Mexico if:

Accepted Answer

The defendant regularly solicits business in New Mexico or derives substantial revenue from goods used in New Mexico

Answer

NMSA 1978 § 38-1-16 permits jurisdiction when a non-resident regularly solicits business in or derives substantial revenue from New Mexico commerce.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar NM Bar Industry Standards 4