SD Bar Specific Essay 3

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)?

Accepted Answer

30 days

Answer

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?

Accepted Answer

Plaintiff recovers nothing because they exceed 50% fault

Answer

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:

Accepted Answer

Obtain informed written consent from both clients after full disclosure

Answer

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?

Accepted Answer

The best interests of the child

Answer

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?

Accepted Answer

Manufacturing defect

Answer

A manufacturing defect occurs when a specific unit deviates from the intended design, making that individual product unreasonably dangerous.

(SD Bar) South Dakota Bar Exam Practice Test

(SD Bar) South Dakota Bar Exam Practice Test

SD Bar Specific Essay 3