SD Bar Practice Questions - South Dakota Bar Examination Exam - SD Bar Practice Questions

Question 1

Plaintiff sues Defendant for negligence. At trial, Plaintiff calls Witness, who testifies that immediately after the collision Defendant exclaimed, 'I'm so sorry — I was looking at my phone!' Defendant objects on hearsay grounds. Under the Federal Rules of Evidence, the statement is:

Inadmissible hearsay, because it is being offered for the truth of the matter asserted Admissible as a present sense impression under FRE 803(1) Admissible as an opposing party's statement under FRE 801(d)(2)(A) Inadmissible because Plaintiff has not laid a foundation that Defendant was excited

Correct Answer:

Admissible as an opposing party's statement under FRE 801(d)(2)(A)

Question 2

Under FRE 404(b), evidence of a defendant's prior bad acts is:

Always inadmissible to show propensity, but admissible for other purposes such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake Always admissible if relevant to any disputed issue Admissible only when the defendant takes the stand to testify Admissible only in civil cases, never in criminal cases

Correct Answer:

Always inadmissible to show propensity, but admissible for other purposes such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Question 3

Buyer and Seller sign a written contract for the sale of a custom-built widget for $750. The contract states: 'This is the complete and final agreement of the parties.' At trial, Buyer offers evidence that the parties orally agreed Seller would also provide a one-year service plan. Under the UCC, the oral evidence is:

Always admissible because oral agreements survive the parol evidence rule under the UCC Inadmissible because the writing is fully integrated and the alleged term contradicts the writing Inadmissible because the writing contains an integration clause, making it presumptively a complete and exclusive statement, although evidence of consistent additional terms may still be admissible if not contradictory Admissible only if Seller signed the alleged service-plan agreement separately

Correct Answer:

Inadmissible because the writing contains an integration clause, making it presumptively a complete and exclusive statement, although evidence of consistent additional terms may still be admissible if not contradictory

Question 4

Offeror sends Offeree a written offer to sell goods, stating: 'This offer will remain open for 30 days.' The offer is signed by Offeror, who is a merchant. No consideration is given. Five days later, Offeror revokes. Under UCC § 2-205, the revocation is:

Effective, because no consideration supports the promise to hold the offer open Ineffective, because the firm offer rule makes the offer irrevocable for the stated period, up to 3 months Effective only if Offeree has not yet relied on the offer Ineffective for the full 30 days regardless of merchant status

Correct Answer:

Ineffective, because the firm offer rule makes the offer irrevocable for the stated period, up to 3 months

Question 5

Owner conveys Blackacre 'to A for life, then to A's children who reach 21.' At the time of conveyance, A has no children. Under the common-law Rule Against Perpetuities, the interest in A's children is:

Valid, because A is a life in being who can serve as the measuring life Void, because A could have children who do not reach 21 within 21 years of A's death Valid only if Owner is also alive at the time of conveyance Void because A has no children at the time of conveyance

Correct Answer:

Valid, because A is a life in being who can serve as the measuring life

Question 1

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Prepare with the SD Bar Practice Questions - South Dakota Bar Examination Exam practice quiz. This question bank includes 100 questions covering defendant, state, indian, buyer, and court. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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SD Bar Practice Questions - South Dakota Bar Examination Exam

This practice set contains 100 questions from the matching question bank and focuses on defendant, state, indian, buyer, and court. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

This is an independent study resource intended for practice and review; it is not an official examination or an endorsement by any organization named in the title.

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SD Bar Practice Questions - South Dakota Bar Examination Exam

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