SD Bar Specific Essay 2

Question 1

Under South Dakota law, when a testator's will contains a specific bequest of 'my 2018 Ford truck' but the testator sold the truck before death, what doctrine applies?

Accepted Answer

Ademption by extinction

Answer

Ademption by extinction applies when a specifically bequeathed item no longer exists in the estate at the time of the testator's death.

Question 2

In a South Dakota negligence essay, which element requires the plaintiff to show the defendant's conduct fell below the standard of a reasonably prudent person?

Accepted Answer

Breach

Answer

Breach is the element that measures the defendant's conduct against the objective reasonable person standard.

Question 3

South Dakota follows the Uniform Commercial Code. Under UCC Article 2, when does title to identified goods pass to the buyer absent an explicit agreement?

Accepted Answer

When the seller completes delivery obligations

Answer

Under UCC § 2-401, title passes at the time and place the seller completes performance with respect to physical delivery.

Question 4

In a South Dakota criminal law essay on burglary, which common law element was modified by modern South Dakota statutes?

Accepted Answer

The nighttime requirement

Answer

Modern South Dakota burglary statutes eliminated the common law's nighttime requirement, making time of entry irrelevant.

Question 5

A South Dakota essay question involves a trust where the trustee invested all assets in a single volatile stock. Under the South Dakota Prudent Investor Act, the trustee has violated the duty of:

Accepted Answer

Diversification

Answer

The Prudent Investor Act imposes a duty to diversify trust investments unless the trustee reasonably determines that it is in the trust's interest not to do so.

(SD Bar) South Dakota Bar Exam Practice Test

(SD Bar) South Dakota Bar Exam Practice Test

SD Bar Specific Essay 2