SD Bar Multistate Bar 2

Question 1

A defendant is charged with burglary. At common law, which element distinguishes burglary from trespass?

Accepted Answer

Breaking and entering a dwelling at nighttime with intent to commit a felony therein

Answer

Unlawfully entering any structure

Answer

Damaging property during entry

Answer

Remaining on property after being asked to leave

Question 2

Under the UCC, a merchant's firm offer is irrevocable without consideration for a maximum of:

Accepted Answer

90 days

Answer

30 days

Answer

60 days

Answer

6 months

Question 3

In a negligence action, the 'res ipsa loquitur' doctrine permits an inference of negligence when:

Accepted Answer

The defendant had exclusive control of the instrumentality and the accident normally would not occur without negligence

Answer

The plaintiff cannot identify the specific act of negligence

Answer

Multiple defendants each could have caused the harm

Answer

The defendant's conduct was intentional

Question 4

A testator's will is validly executed. She later executes a codicil that expressly revokes one specific bequest. The codicil itself is then destroyed by the testator. What is the effect on the revoked bequest?

Accepted Answer

The bequest is revived because the codicil revoking it was destroyed

Answer

The bequest remains revoked because a codicil cannot be unrevoked by destruction

Answer

The bequest is partially revived at the court's discretion

Answer

The entire will is revoked along with the codicil

Question 5

Under the Fifth Amendment, the privilege against self-incrimination protects against compelled disclosure of:

Accepted Answer

Testimonial or communicative evidence only

Answer

All physical evidence

Answer

Documents voluntarily prepared

Answer

Blood samples

Question 6

A landowner grants an easement to a neighbor 'for as long as the neighbor uses the path to reach the highway.' This easement is best classified as:

Accepted Answer

An easement determinable

Answer

An easement subject to a condition subsequent

Answer

An easement appurtenant in fee simple

Answer

A license revocable at will

Question 7

Under MBE Constitutional Law, a federal statute that regulates purely intrastate activity may be upheld under the Commerce Clause if:

Accepted Answer

The regulated activity, in the aggregate, substantially affects interstate commerce

Answer

The statute expressly recites a commerce clause basis

Answer

The activity involves any commercial transaction

Answer

Congress has a rational basis for believing commerce is involved