SD Bar Specific Essay 3 — Questions and Answers
Question 1: In a South Dakota civil procedure essay, plaintiff files suit in state court and defendant timely removes to federal court. Within how many days after removal may the plaintiff move to remand for a procedural defect (not subject matter jurisdiction)?
- 14 days
- 21 days
- 30 days (Correct answer)
- 60 days
Correct answer: 30 days
28 U.S.C. § 1447(c) requires a motion to remand based on any defect other than lack of subject matter jurisdiction to be filed within 30 days after the notice of removal.
Question 2: South Dakota recognizes the doctrine of comparative fault. How does South Dakota's comparative fault system affect a plaintiff who is found 51% at fault?
- Plaintiff recovers nothing because they exceed 50% fault (Correct answer)
- Plaintiff recovers damages reduced by 51%
- Plaintiff recovers full damages under pure comparative fault
- Plaintiff recovers damages reduced only for the defendant's share
Correct answer: Plaintiff recovers nothing because they exceed 50% fault
South Dakota uses the modified comparative fault system with a 51% bar, so a plaintiff at least 51% at fault is completely barred from recovery.
Question 3: In a South Dakota essay on professional responsibility, an attorney represents both a buyer and seller in a real estate transaction. The attorney must:
- Decline the representation entirely as per se impermissible
- Obtain informed written consent from both clients after full disclosure (Correct answer)
- Represent only the party who engaged the attorney first
- File a disclosure with the state bar before proceeding
Correct answer: Obtain informed written consent from both clients after full disclosure
Under SDCL Rules of Professional Conduct, concurrent conflicts may be waived if the attorney reasonably believes representation is permissible and obtains written informed consent.
Question 4: Under South Dakota family law, when determining child custody, what is the paramount consideration the court must apply?
- The primary caregiver presumption
- The best interests of the child (Correct answer)
- Parental fitness of each party equally weighted
- The child's stated preference if over 12 years old
Correct answer: The best interests of the child
South Dakota courts are required to determine custody arrangements based on the best interests of the child as the overriding standard.
Question 5: A South Dakota essay involves strict products liability. The plaintiff must prove the product was defective when it left the defendant's control. Which type of defect involves an error specific to one unit while the product line design is sound?
- Design defect
- Warning defect
- Manufacturing defect (Correct answer)
- Marketing defect
Correct answer: Manufacturing defect
A manufacturing defect occurs when a specific unit deviates from the intended design, making that individual product unreasonably dangerous.
Question 6: In a South Dakota wills essay, the testator's holographic will has the date handwritten but the signature is a rubber stamp facsimile. Under South Dakota law, is the will valid?
- Yes, because holographic wills only require handwritten dates and no formal signature
- No, because South Dakota does not recognize holographic wills
- No, because a stamped signature does not satisfy the handwritten signature requirement (Correct answer)
- Yes, because substantial compliance cures any signature defect
Correct answer: No, because a stamped signature does not satisfy the handwritten signature requirement
South Dakota requires that holographic wills be entirely handwritten and signed by the testator, and a rubber stamp facsimile does not constitute a valid handwritten signature.
Question 7: In a South Dakota constitutional law essay, a state statute restricts commercial speech. Under Central Hudson, which prong asks whether the regulation directly advances the government interest?
- First prong
- Second prong
- Third prong (Correct answer)
- Fourth prong
Correct answer: Third prong
The third prong of the Central Hudson test requires that the regulation directly and materially advance the substantial governmental interest asserted.
SD Bar Specific Essay 3
In a South Dakota civil procedure essay, plaintiff files suit in state court and defendant timely removes to federal court.
Within how many days after removal may the plaintiff move to remand for a procedural defect (not subject matter jurisdiction)?