SC Bar State-Specific Law 2 — Questions and Answers
Question 1: Under South Carolina's modified comparative negligence rule, a plaintiff may recover damages only if the plaintiff's fault is:
- Not greater than the defendant's fault (Correct answer)
- Less than 25 percent
- Zero, because any fault bars recovery
- Less than the combined fault of all non-parties
Correct answer: Not greater than the defendant's fault
Under Nelson v. Concrete Supply Co., a plaintiff recovers if their negligence is not greater than the defendant's, with damages reduced proportionally.
Question 2: In South Carolina, what is the general statute of limitations for a negligence action?
- Three years (Correct answer)
- One year
- Two years
- Six years
Correct answer: Three years
S.C. Code § 15-3-530 sets a three-year limitations period for most tort claims, including negligence.
Question 3: A spouse in South Carolina proven to have committed adultery before a final order approving a settlement or divorce decree is:
- Barred from receiving alimony (Correct answer)
- Entitled to reduced alimony at the court's discretion
- Barred from receiving any share of marital property
- Presumed unfit for custody purposes
Correct answer: Barred from receiving alimony
S.C. Code § 20-3-130 makes adultery an absolute bar to alimony for the offending spouse.
Question 4: After the South Carolina Supreme Court's decision in Stone v. Thompson (2019), common-law marriage in South Carolina:
- Cannot be newly formed, but valid pre-2019 common-law marriages are still recognized (Correct answer)
- Is entirely void, including marriages formed before 2019
- Remains fully available if the couple cohabits for ten years
- Is recognized only if formed in another state
Correct answer: Cannot be newly formed, but valid pre-2019 common-law marriages are still recognized
Stone v. Thompson abolished common-law marriage prospectively, preserving those validly formed before the decision.
Question 5: Which South Carolina court has exclusive jurisdiction over divorce, alimony, and child custody matters?
- The family court (Correct answer)
- The circuit court
- The probate court
- The magistrate court
Correct answer: The family court
South Carolina's family courts have exclusive jurisdiction over domestic relations matters, including divorce, custody, and support.
Question 6: Under South Carolina law, a surviving spouse who is omitted from or dissatisfied with the decedent's will may claim an elective share equal to:
- One-third of the decedent's probate estate (Correct answer)
- One-half of the decedent's probate estate
- One-half of the augmented estate including nonprobate transfers
- The entire probate estate if there are no descendants
Correct answer: One-third of the decedent's probate estate
S.C. Code § 62-2-201 gives the surviving spouse an elective share of one-third of the decedent's probate estate.
Question 7: In South Carolina circuit court, a defendant served with a summons and complaint within the state generally must serve an answer within:
- 30 days after service (Correct answer)
- 20 days after service
- 21 days after service
- 60 days after service
Correct answer: 30 days after service
Rule 12(a), SCRCP gives a defendant 30 days after service to answer, unlike the shorter federal period.
SC Bar State-Specific Law 2
Under South Carolina's modified comparative negligence rule, a plaintiff may recover damages only if the plaintiff's fault is: