SC Bar State-Specific Law 2

Question 1

Under South Carolina's modified comparative negligence rule, a plaintiff may recover damages only if the plaintiff's fault is:

Accepted Answer

Not greater than the defendant's fault

Answer

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?

Accepted Answer

Three years

Answer

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:

Accepted Answer

Barred from receiving alimony

Answer

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:

Accepted Answer

Cannot be newly formed, but valid pre-2019 common-law marriages are still recognized

Answer

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?

Accepted Answer

The family court

Answer

South Carolina's family courts have exclusive jurisdiction over domestic relations matters, including divorce, custody, and support.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar State-Specific Law 2