SD Bar Evidence and Ethics 2

Question 1

Under South Dakota evidence rules, what is an excited utterance?

Accepted Answer

A statement relating to a startling event made while the declarant was under the stress of the event

Answer

An excited utterance is a hearsay exception allowing statements made while the declarant was under the stress of a startling event, because the excitement reduces the likelihood of fabrication.

Question 2

What is the South Dakota ethical rule regarding conflicts of interest?

Accepted Answer

An attorney cannot represent a client if the representation involves a concurrent conflict of interest unless specific conditions are met

Answer

South Dakota ethics rules prohibit attorneys from representing clients when a conflict exists unless the attorney reasonably believes they can provide competent representation and the affected clients give informed written consent.

Question 3

In South Dakota, what is the privilege against self-incrimination?

Accepted Answer

A person cannot be compelled to testify against themselves in a criminal proceeding

Answer

The Fifth Amendment privilege against self-incrimination protects individuals from being forced to provide testimony that could incriminate them in a criminal case.

Question 4

What are the South Dakota rules regarding preservation of evidence?

Accepted Answer

Parties have a duty to preserve relevant evidence once litigation is reasonably anticipated

Answer

The duty to preserve evidence arises when litigation is reasonably anticipated, requiring parties to take steps to prevent the destruction or alteration of potentially relevant evidence.

Question 5

Under South Dakota ethical rules, what is an attorneys duty regarding client funds?

Accepted Answer

Client funds must be held in a separate trust account and never commingled with the attorneys personal funds

Answer

Attorneys must maintain client funds in a separate trust (IOLTA) account, completely segregated from their own funds, with detailed records of all transactions.

(SD Bar) South Dakota Bar Exam Practice Test

(SD Bar) South Dakota Bar Exam Practice Test

SD Bar Evidence and Ethics 2