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(4) exempts from the hearsay rule statements made for purposes of medical diagnosis or treatment, including descriptions of symptoms and their cause.

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

Under UCC § 2-601, if goods fail to conform in any respect the buyer may accept, reject, or accept any commercial unit and reject the rest.

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

Loretto held that a permanent physical occupation of property by the government constitutes a per se taking requiring just compensation.

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

Anticipatory repudiation requires an unequivocal statement or action prior to the performance date indicating that the party will not perform.

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

Crawford held that testimonial hearsay is inadmissible under the Confrontation Clause unless the declarant is unavailable and the defendant had a prior opportunity for cross-examination.

(SD Bar) South Dakota Bar Exam Practice Test

(SD Bar) South Dakota Bar Exam Practice Test

SD Bar Multistate Bar 3