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 springing executory interest divests the grantor's retained estate (not a prior grantee's estate) upon occurrence of a condition.

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

Strict scrutiny requires the government to prove the law is narrowly tailored to achieve a compelling governmental interest — the most exacting constitutional standard.

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

Under the traditional pure contributory negligence rule, any negligence by the plaintiff, however slight, completely bars recovery.

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

UCC § 2-201 requires a contract for the sale of goods for $500 or more to be evidenced by a writing sufficient to indicate a contract was made, signed by the party against whom enforcement is sought.

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

The Sixth Amendment jury trial right attaches to 'serious' offenses, which are those carrying a potential sentence of more than six months.

(SD Bar) South Dakota Bar Exam Practice Test

(SD Bar) South Dakota Bar Exam Practice Test

SD Bar Multistate Bar 4