SD Bar Specific Essay 4

Question 1

In a South Dakota secured transactions essay, a creditor files a UCC-1 financing statement covering 'all equipment.' The debtor later acquires new equipment. Is the after-acquired equipment covered?

Accepted Answer

Yes, because a general description such as 'all equipment' covers after-acquired property of that type

Answer

No, because after-acquired property clauses require specific enumeration of each item

Answer

Only if the creditor files a new financing statement for each acquisition

Answer

Only if the debtor provides written notice of the acquisition within 30 days

Question 2

South Dakota has adopted the Model Penal Code's approach to mental states. Under MPC § 2.02, which culpability level is satisfied when an actor is aware of a substantial and unjustifiable risk but consciously disregards it?

Accepted Answer

Recklessly

Answer

Purposely

Answer

Knowingly

Answer

Negligently

Question 3

In a South Dakota essay on agency law, an agent acts outside actual authority but the principal's conduct leads a third party to reasonably believe authority exists. This is:

Accepted Answer

Apparent authority

Answer

Inherent agency power

Answer

Ratification

Answer

Implied actual authority

Question 4

A South Dakota essay involves an adverse possession claim. Which element requires the claimant's possession to be hostile to the true owner's title?

Accepted Answer

Hostile/claim of right

Answer

Open and notorious

Answer

Continuous

Answer

Exclusive

Question 5

In a South Dakota contracts essay, parties form a contract for the sale of goods. The seller ships nonconforming goods. Under the perfect tender rule, the buyer may:

Accepted Answer

Accept all, reject all, or accept conforming units and reject the rest

Answer

Only reject if the nonconformity is material

Answer

Reject only if seller had notice of the nonconformity

Answer

Only seek damages but cannot reject conforming portions

Question 6

In a South Dakota essay on constitutional criminal procedure, when is a Terry stop permissible?

Accepted Answer

When an officer has a reasonable, articulable suspicion of criminal activity

Answer

When an officer has probable cause to arrest

Answer

Only when the suspect is in a high-crime area

Answer

Only with advance judicial approval

Question 7

In a South Dakota essay on equitable remedies, a court awards specific performance for a real estate contract breach. Which characteristic of the legal remedy makes specific performance appropriate?

Accepted Answer

The legal remedy of damages is inadequate because each parcel of land is unique

Answer

The legal remedy of damages is adequate and easily calculable

Answer

Specific performance is always the preferred remedy in contract cases

Answer

The parties expressly contracted for specific performance as their remedy