Mixed Deck — All NV BAR Topics Flashcards

Under Nevada's Uniform Parentage Act, a man is presumed to be a child's father if he:

Answer: Was married to the mother when the child was born

Under NRS 126.051, a man is presumed to be a child's natural father if he was married to the mother at the time of the child's birth.

What components make up the Nevada Bar Exam?

Answer: MBE, MEE, MPT, and Nevada Law Exam

The Nevada Bar Exam is a comprehensive assessment consisting of four main components. These include the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), the Multistate Performance Test (MPT), and a specific Nevada Law Exam. All these sections are designed to thoroughly test an applicant's legal knowledge and skills.

Under Nevada law, what degree of murder applies when a killing is willful, deliberate, and premeditated?

Answer: First-degree murder

NRS 200.030 classifies willful, deliberate, and premeditated killing as first-degree murder, carrying a potential penalty of life imprisonment.

In Nevada, an easement appurtenant benefits which party?

Answer: The dominant estate (the land benefited)

An easement appurtenant benefits the dominant estate and runs with the land, automatically transferring to successive owners of the dominant parcel.

Nevada follows which recording act priority system for real property?

Answer: Race-notice

Nevada follows a race-notice recording act under NRS 111.325, protecting subsequent purchasers who record first AND take without notice of prior unrecorded claims.

Nevada recognizes which grounds for divorce?

Answer: Both fault and no-fault grounds

Nevada allows divorce on no-fault grounds (incompatibility or living separate and apart for one year) and on fault grounds under NRS 125.010.

Under Nevada RPC 3.5, an attorney is prohibited from which conduct regarding jurors?

Answer: Communicating ex parte with jurors during trial

Nevada RPC 3.5(a) prohibits ex parte communication with jurors during trial; unauthorized contact with deliberating or sitting jurors is a serious ethical violation.

Under Nevada law, covenants running with the land in equity (equitable servitudes) require which element NOT needed for covenants at law?

Answer: Notice

Equitable servitudes in Nevada require notice (actual, constructive, or inquiry) in addition to intent and touch-and-concern, but do not require privity of estate unlike legal covenants.

Nevada recognizes which concurrent ownership that includes a right of survivorship?

Answer: Joint tenancy

Joint tenancy in Nevada carries a right of survivorship, meaning a deceased joint tenant's interest automatically passes to the surviving joint tenants.

Which of the following best describes the standard for relevance under Nevada Rules of Evidence?

Answer: Evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence

Under NRS 48.015, evidence is relevant if it has any tendency to make the existence of a fact of consequence to the determination of the action more or less probable than it would be without the evidence.

Which of the following is NOT a valid basis for federal subject matter jurisdiction?

Answer: Plaintiff resides in the state where the federal court is located

Federal subject matter jurisdiction is primarily based on either a federal question (the case arises under federal law) or diversity of citizenship (parties are from different states and the amount in controversy exceeds $75,000). A plaintiff's residence in the state where the federal court is located, by itself, does not establish federal jurisdiction. It is a factor in diversity but not a standalone basis for federal court authority.

Under Nevada RPC 1.16, when must an attorney withdraw from representation?

Answer: When the representation will result in violation of the Rules of Professional Conduct or other law

Under Nevada RPC 1.16(a), mandatory withdrawal is required when continued representation would result in a violation of the Rules of Professional Conduct or other law.

Under Nevada law, what are the four unities required to create a joint tenancy?

Answer: Time, title, interest, possession

Nevada requires the four unities of time (same time), title (same instrument), interest (equal shares), and possession (equal right to possess) to create a valid joint tenancy.

Under Nevada law, what percentage of jurors must agree for a civil verdict?

Answer: 75%

Nevada requires three-fourths (9 of 12) juror agreement for a civil verdict under NRS 16.150.

Under Nevada's rape shield law (NRS 50.090), which of the following is the general rule regarding the admissibility of evidence about a sexual assault victim's past sexual conduct?

Answer: Evidence of a victim's past sexual conduct with persons other than the defendant is inadmissible except in limited statutory exceptions

NRS 50.090 prohibits admission of a sexual assault victim's past sexual conduct with anyone other than the defendant, subject only to narrow exceptions such as consent defense involving prior conduct with the defendant or to explain physical evidence.

When authenticating a document in Nevada, the proponent must produce sufficient evidence to support a finding that the item is what the proponent claims it is. Which of the following is a self-authenticating document under the Nevada Rules of Evidence?

Answer: An official publication purportedly issued by a public authority

Under NRS 52.075, official publications issued by public authority are self-authenticating and require no extrinsic evidence of authenticity to be admitted.

Which of the following is NOT typically considered a defense to a breach of contract claim?

Answer: Unilateral mistake

Defenses to a breach of contract claim typically include impossibility of performance, frustration of purpose, and mutual mistake, as these can fundamentally undermine the agreement or its enforceability. A unilateral mistake, where only one party is mistaken about a material fact, is generally not a valid defense unless the other party knew or should have known of the mistake and took advantage of it, or if the mistake makes enforcement unconscionable.

Nevada RPC 5.3 requires attorneys to supervise which of the following?

Answer: Nonlawyer assistants whose conduct may violate the Rules

Under Nevada RPC 5.3, supervising attorneys must ensure that the conduct of nonlawyer assistants (paralegals, investigators, clerks) is compatible with the professional obligations of the lawyer.

In Nevada, what is the criminal statute of limitations for murder?

Answer: No statute of limitations

Under NRS 171.080, murder and certain other serious crimes have no statute of limitations in Nevada and may be prosecuted at any time.

In property law, what is the rule against perpetuities concerned with?

Answer: Limiting the duration of future interests

The Rule Against Perpetuities (RAP) is a common law rule designed to prevent property interests from being tied up indefinitely in the future. It limits the duration of certain future interests in property, ensuring that they vest (become certain) within a specific period, typically 'lives in being plus 21 years.' This rule promotes the alienability and productive use of land.