SD Bar Multistate Bar 4

Question 1

Under the MBE, which of the following best describes a 'springing executory interest'?

Accepted Answer

A future interest in a third party that cuts off the grantor's retained estate upon a condition

Answer

A future interest in a third party that cuts off a prior grantee's estate

Answer

A remainder that vests immediately upon the prior estate ending naturally

Answer

A reversion held by the grantor

Question 2

Under the Equal Protection Clause, a law classifying by race receives strict scrutiny, requiring the government to show the law is:

Accepted Answer

Narrowly tailored to serve a compelling government interest

Answer

Substantially related to an important government interest

Answer

Rationally related to a legitimate government interest

Answer

Necessary to prevent imminent harm

Question 3

In a negligence case, a plaintiff's recovery is completely barred under pure contributory negligence if:

Accepted Answer

The plaintiff was negligent in any degree, no matter how slight

Answer

The plaintiff's negligence exceeded the defendant's

Answer

The plaintiff was more than 50% at fault

Answer

The plaintiff assumed the risk voluntarily

Question 4

Under the Statute of Frauds, a contract for the sale of goods at a price of $500 or more must be:

Accepted Answer

In a writing signed by the party to be charged

Answer

Notarized

Answer

Witnessed by two parties

Answer

Recorded with a government agency

Question 5

A criminal defendant has the right to a jury trial under the Sixth Amendment for all offenses where the potential punishment exceeds:

Accepted Answer

Six months of imprisonment

Answer

One year of imprisonment

Answer

Thirty days of imprisonment

Answer

Any term of imprisonment

Question 6

In property law, the adverse possession clock stops ('tolls') when the true owner is:

Accepted Answer

A minor, mentally incompetent, or imprisoned at the time the adverse possession begins

Answer

Temporarily absent from the jurisdiction

Answer

An out-of-state resident

Answer

A corporation

Question 7

Under the MBE, a charitable trust differs from a private trust primarily because a charitable trust:

Accepted Answer

May be of indefinite duration and does not require ascertainable beneficiaries

Answer

Requires court approval for creation

Answer

Cannot hold real property

Answer

Must register with the state attorney general to be valid