SD Bar Multistate Bar 3

Question 1

In a civil action, which hearsay exception covers a statement made for the purpose of medical diagnosis or treatment?

Accepted Answer

FRE 803(4) — statements for medical diagnosis or treatment

Answer

FRE 803(1) — present sense impression

Answer

FRE 803(3) — then-existing mental or emotional condition

Answer

FRE 804(b)(2) — dying declaration

Question 2

A buyer and seller contract for the sale of goods. The seller delivers non-conforming goods. Under the UCC perfect tender rule, the buyer may:

Accepted Answer

Accept all, reject all, or accept conforming commercial units and reject the rest

Answer

Only reject all goods and seek damages

Answer

Accept all and seek a price reduction only

Answer

Reject only if the non-conformity is material

Question 3

The Takings Clause requires just compensation when the government physically invades property permanently. This principle was established in:

Accepted Answer

Loretto v. Teleprompter Manhattan CATV Corp.

Answer

Penn Central Transportation Co. v. NYC

Answer

Kelo v. City of New London

Answer

Lucas v. South Carolina Coastal Council

Question 4

Under contract law, an anticipatory repudiation occurs when a party:

Accepted Answer

Unequivocally indicates before performance is due that it will not perform

Answer

Partially performs and then stops

Answer

Requests a modification to the contract terms

Answer

Fails to perform on the due date

Question 5

In a criminal case, the Confrontation Clause under Crawford v. Washington bars admission of out-of-court statements that are 'testimonial' unless the declarant is:

Accepted Answer

Unavailable and the defendant had a prior opportunity to cross-examine

Answer

Deceased

Answer

Beyond the court's subpoena power

Answer

Unavailable for any reason

Question 6

A fee simple subject to executory limitation differs from a fee simple determinable because:

Accepted Answer

The future interest is held by a third party, not the grantor, and does not automatically revert

Answer

The grantor retains all future interests

Answer

It can only be created by will, not deed

Answer

The triggering condition must involve illegal activity

Question 7

Under tort law, which standard applies to a possessor of land with respect to an adult trespasser whose presence is known?

Accepted Answer

A duty to warn of known artificial conditions that pose a risk of death or serious bodily harm

Answer

The full reasonable person standard of care

Answer

No duty whatsoever

Answer

A duty to inspect for hidden dangers