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

Common law burglary requires breaking and entering a dwelling house of another at nighttime with the intent to commit a felony inside.

Question 2

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

Accepted Answer

90 days

Answer

UCC § 2-205 provides that a firm offer by a merchant is irrevocable for the stated period, but no longer than three months (90 days).

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

Res ipsa loquitur applies when the instrumentality was under defendant's exclusive control and the accident is of the type that ordinarily does not occur absent negligence.

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

Under the revival doctrine, destroying the codicil that revoked the bequest can revive the original provision if the testator intended revival.

Question 5

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

Accepted Answer

Testimonial or communicative evidence only

Answer

The Fifth Amendment privilege protects only testimonial or communicative evidence, not real or physical evidence such as blood, handwriting exemplars, or voice samples.

(SD Bar) South Dakota Bar Exam Practice Test

(SD Bar) South Dakota Bar Exam Practice Test

SD Bar Multistate Bar 2