SD Bar Multistate Essay 5

Question 1

On an MEE Conflicts question, a South Dakota resident is injured in a car accident in Nebraska. The plaintiff sues in South Dakota. South Dakota follows the Second Restatement (most significant relationship) approach. The court will likely apply:

Accepted Answer

Nebraska law as the place of injury and conduct

Answer

Under the Second Restatement's most significant relationship test for torts, the place of injury and conduct (Nebraska) typically provides the applicable law absent countervailing contacts.

Question 2

A defendant charged with felony murder argues that he did not intend to kill anyone during the underlying felony. The best response to this argument is:

Accepted Answer

Felony murder substitutes the intent to commit the underlying felony for the malice required for murder

Answer

The felony murder doctrine imputes the mens rea for murder from the intent to commit the predicate felony, eliminating the need to prove actual intent to kill.

Question 3

A lender makes a mortgage loan secured by a first lien on a home. The homeowner later takes out a home equity loan secured by a second lien on the same property. The homeowner defaults. At foreclosure, proceeds are distributed:

Accepted Answer

First to the first mortgage lender, then to the second, then any surplus to the homeowner

Answer

Mortgage liens are satisfied in order of priority at foreclosure; the first mortgage is paid in full before the second mortgage receives anything from the proceeds.

Question 4

A corporation dissolves and has both secured and unsecured creditors, as well as preferred and common shareholders. The proper order of distribution of remaining assets is:

Accepted Answer

Secured creditors, unsecured creditors, preferred shareholders, common shareholders

Answer

On dissolution, corporate assets are distributed first to secured creditors on their collateral, then to unsecured creditors, then to preferred shareholders, and finally to common shareholders.

Question 5

A plaintiff in an MEE Civil Procedure essay receives judgment in federal court but fails to collect before the defendant moves assets to a different state. The plaintiff seeks to enforce the judgment there. Under the Full Faith and Credit Clause:

Accepted Answer

The second state must give the judgment the same effect as in the rendering state

Answer

The Full Faith and Credit Clause requires each state to recognize and enforce the valid final judgments of other states without re-litigating the merits.

(SD Bar) South Dakota Bar Exam Practice Test

(SD Bar) South Dakota Bar Exam Practice Test

SD Bar Multistate Essay 5