SD BAR Study Guide 2026
Everything you need to pass the SD BAR exam in one place: the exam format, every topic to study, real practice questions with explanations, flashcards, and full-length practice tests. Free, no sign-up needed.
📋 SD BAR Exam Format at a Glance
📚 SD BAR Topics to Study (31)
✍️ Sample SD BAR Questions & Answers
1. Under criminal law, which defense requires the defendant to show that government agents induced an otherwise innocent person to commit an offense they would not have otherwise committed?
The entrapment defense, recognized in federal courts under a subjective test, requires showing that the government induced the crime and the defendant lacked predisposition to commit it.
2. Under the MBE, which doctrine allows a court to modify or terminate a charitable trust when the original charitable purpose becomes impossible or impractical?
The cy pres doctrine empowers a court to modify the terms of a charitable trust to substitute a purpose as near as possible to the original intent when that intent can no longer be achieved.
3. While conducting legal research for a case involving negligence, which source would be the most authoritative in determining the applicable legal standard?
When conducting legal research, the most authoritative source for determining the applicable legal standard for a concept like negligence is the statutory code. Statutes, enacted by legislatures, directly define legal principles and requirements. While treatises and law review articles provide valuable analysis and context, they are secondary sources; the primary law is found in statutes and case law.
4. An MPT File includes a police report and a Library case holding that uncorroborated police reports are insufficient to establish probable cause. How should you use these two sources?
The Library rule must be applied to the File facts; if the report is uncorroborated as defined by the case, that rule governs the probable cause analysis.
5. In drafting a complaint for a breach of contract claim, which of the following should be included?
A complaint for a breach of contract claim must clearly and concisely state the factual basis for the claim. This includes identifying the contract, the specific terms breached, and how the defendant's actions constitute a breach. This factual pleading informs the court and the opposing party of the nature of the dispute and the grounds for relief sought.
6. Under the common law, which of the following is required for a valid contract?
A valid common law contract requires offer, acceptance, and consideration — the three essential elements of contract formation.