SD BAR Cheat Sheet 2026

The 30 highest-yield SD BAR facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.

1. A third-party beneficiary who has an enforceable right to sue on a contract is known as a(n): → Intended beneficiary
2. Which of the following is NOT valid consideration for a contract? → A promise to perform a pre-existing legal duty
3. Under South Dakota law, which of the following is a requirement for a valid transfer of real property by deed? → The deed must be signed by the grantor and notarized.
4. What is the mens rea requirement for murder in the first degree in South Dakota? → Premeditated design to kill
5. Under South Dakota law, what right do citizens have to initiative and referendum? → The right to propose laws and constitutional amendments through petition and popular vote
6. Under South Dakota law, what is the purpose of a deposition? → To obtain sworn testimony from a witness or party before trial for use in discovery
7. An MPT task asks you to draft a negotiation strategy memo. The primary goal of such a document is to: → Identify the client's interests, priorities, and leverage points to guide settlement talks
8. A life tenant on a parcel of land removes timber and sells it for profit. The remainderman brings an action. This conduct constitutes: → Voluntary waste because the life tenant permanently diminished the value of the property
9. A novation replaces an original contract by: → Substituting a new party and discharging the original party from liability
10. A South Dakota essay involves an adverse possession claim. Which element requires the claimant's possession to be hostile to the true owner's title? → Hostile/claim of right
11. Under the MPT Library structure, which source must examinees rely on exclusively for legal authority? → Only the cases, statutes, and regulations provided in the Library
12. What standard of review is applied when evaluating legislation that restricts a fundamental right? → Strict Scrutiny
13. What is the South Dakota provision regarding cruel punishment? → Excessive bail shall not be required nor cruel punishment inflicted
14. In a civil action, which hearsay exception covers a statement made for the purpose of medical diagnosis or treatment? → FRE 803(4) — statements for medical diagnosis or treatment
15. South Dakota recognizes the doctrine of comparative fault. How does South Dakota's comparative fault system affect a plaintiff who is found 51% at fault? → Plaintiff recovers nothing because they exceed 50% fault
16. Under UCC Article 2, the battle of the forms rule in § 2-207 provides that between merchants, additional terms in an acceptance: → Become part of the contract unless they materially alter it or the offeror objects
17. What is the statute of limitations for breach of contract in South Dakota? → 6 years
18. Under the UCC, a merchant's firm offer is irrevocable without consideration for a maximum of: → 90 days
19. Under South Dakota law, what is the exclusionary rule? → Evidence obtained through unconstitutional searches or seizures is inadmissible at trial
20. In the MPT, when a Library case is from a fictional jurisdiction whose courts follow the same general common law, how should you treat that authority? → Treat it as binding precedent within the closed universe of the exercise
21. In South Dakota, what is the privilege against self-incrimination? → A person cannot be compelled to testify against themselves in a criminal proceeding
22. When an MPT Library statute uses the word 'shall,' what is the legal significance of that term in statutory interpretation? → 'Shall' is mandatory, imposing an obligation that must be fulfilled
23. Which of the following is true about the Miranda rights? → They must be read to a suspect before a confession can be used in court.
24. What is a common ground for contesting the validity of a will? → The will was not signed by the testator
25. What is the eminent domain provision in the South Dakota Constitution? → Private property shall not be taken for public use without just compensation
26. What must a plaintiff demonstrate to obtain a default judgment when the defendant fails to respond to a complaint? → That the defendant has been properly served with process
27. What is the due process requirement for South Dakota administrative proceedings? → Notice and an opportunity to be heard before a neutral decision maker
28. In a South Dakota essay on constitutional criminal procedure, when is a Terry stop permissible? → When an officer has a reasonable, articulable suspicion of criminal activity
29. In property law, the adverse possession clock stops ('tolls') when the true owner is: → A minor, mentally incompetent, or imprisoned at the time the adverse possession begins
30. How does the South Dakota Constitution address the right to a jury trial? → Both civil and criminal defendants have the right to a jury trial