SD Bar Specific Essay 5

Question 1

In a South Dakota essay on conflict of laws, a tort occurred in Nebraska but is litigated in South Dakota courts. Which approach does South Dakota generally follow in choosing the applicable law?

Accepted Answer

The Second Restatement's 'most significant relationship' test

Answer

Strict lex loci delicti — always apply the law of the place of injury

Answer

Forum law applies in all tort cases

Answer

Federal common law governs all multistate torts

Question 2

A South Dakota essay presents a defamation claim by a private figure against a media defendant on a matter of public concern. What standard of fault must the plaintiff prove under Gertz v. Robert Welch?

Accepted Answer

Negligence at minimum

Answer

Strict liability

Answer

Actual malice (knowledge of falsity or reckless disregard)

Answer

Gross negligence only

Question 3

In a South Dakota partnership essay, a partner in a general partnership transfers their transferable interest to a creditor. What rights does the transferee acquire?

Accepted Answer

Only the economic rights (profits and distributions) of the transferring partner

Answer

Full partnership rights including management and voting

Answer

The right to inspect partnership books and records

Answer

Partnership dissolution rights only

Question 4

In a South Dakota criminal procedure essay, the defendant moves to suppress evidence seized during a search pursuant to a warrant that contained a technical error. What doctrine may allow the evidence to be admitted?

Accepted Answer

Good faith exception

Answer

Attenuation doctrine

Answer

Independent source doctrine

Answer

Inevitable discovery doctrine

Question 5

Under South Dakota landlord-tenant law, a residential tenant discovers the heating system is broken in winter and the landlord fails to repair it after notice. The tenant moves out and stops paying rent, claiming:

Accepted Answer

Constructive eviction

Answer

Actual eviction

Answer

Unlawful detainer

Answer

Retaliatory eviction

Question 6

In a South Dakota essay on business organizations, shareholders of a corporation seek to pierce the corporate veil to hold shareholders personally liable. Which factor most strongly supports piercing?

Accepted Answer

Shareholders commingled personal and corporate funds and treated the corporation as their alter ego

Answer

The corporation has only two shareholders

Answer

The corporation operates at a loss for two consecutive years

Answer

The corporation failed to hold an annual meeting in one year

Question 7

In a South Dakota essay on evidence, a witness testifies at trial to their present recollection of events. The opposing party wishes to introduce a prior inconsistent statement the witness made to police. Under FRE 613, what must the party do before extrinsic evidence of the inconsistency is admitted?

Accepted Answer

Give the witness an opportunity to explain or deny the statement (though timing is flexible)

Answer

Obtain a court ruling on the statement's admissibility before any cross-examination

Answer

Disclose the prior statement to the witness before trial under mandatory pretrial disclosure rules

Answer

Admit the statement only if the witness completely denies making it