NM Bar Performance 5

Question 1

An MPT task asks you to write a contract clause protecting your client from consequential damages. The clause should be:

Accepted Answer

Clear, specific, and drafted to survive scrutiny under the UCC or common law as applicable

Answer

A consequential damages exclusion must be drafted clearly and specifically to be enforceable; courts scrutinize vague or unconscionable limitation clauses.

Question 2

In a deposition preparation memo for an MPT task, which strategy is most appropriate for preparing a client witness?

Accepted Answer

Advise the client to answer truthfully, listen carefully to each question, and not guess

Answer

Proper witness preparation focuses on truthful, precise answers: listening carefully, answering only what is asked, and never guessing or speculating.

Question 3

When an MPT task requires preparing a motion to suppress evidence in a criminal matter, the motion must establish:

Accepted Answer

That the evidence was obtained in violation of a constitutional or statutory right

Answer

A suppression motion succeeds by showing that the government obtained evidence through a constitutional or statutory violation, making it inadmissible under the exclusionary rule.

Question 4

An MPT examinee is drafting a cease-and-desist letter for a trademark infringement claim. The letter should include which of the following?

Accepted Answer

Identification of the client's mark, the infringing conduct, and a specific demand to stop

Answer

An effective cease-and-desist letter identifies the right at issue, describes the infringing conduct, and states a clear demand, without unnecessarily disclosing litigation weaknesses.

Question 5

In an MPT task involving an employment discrimination claim, the examinee is given a burden-shifting framework in the Library. The correct analytical sequence is:

Accepted Answer

Plaintiff establishes a prima facie case, burden shifts to employer, then plaintiff may show pretext

Answer

Under the McDonnell Douglas burden-shifting framework, the plaintiff first makes a prima facie showing, then the employer must articulate a legitimate reason, and finally the plaintiff may show that reason is pretextual.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Performance 5