Mixed Deck — All IN BAR Topics Flashcards

How much time is allotted for each MPT item on the Indiana Bar Exam?

Answer: 90 minutes

Each MPT item is designed to be completed in 90 minutes.

An Indiana testator's will gives 'my house at 12 Oak Street' to her niece, but the testator later sells that house and buys one at 45 Elm Street. Which doctrine could the niece invoke to argue she should receive the Elm Street house, and how would it likely fare?

Answer: Ademption analysis; she likely loses because the specific devise adeemed and no replacement-property exception clearly applies

The sale of specifically devised realty generally causes ademption, and courts applying the identity theory will not substitute after-acquired property absent statutory exceptions.

Under the Commerce Clause, Congress may regulate activities that substantially affect interstate commerce. Which Supreme Court case established the 'substantial effects' test?

Answer: Wickard v. Filburn

Wickard v. Filburn (1942) established that even purely local activities can be regulated by Congress under the Commerce Clause if they have a substantial effect on interstate commerce in the aggregate.

A seller of goods repudiates a delivery contract. The buyer purchases substitute goods in good faith at a higher price. The buyer's damages under UCC 2-712 are measured by:

Answer: Cover price minus contract price, plus incidental and consequential damages, minus expenses saved

A covering buyer recovers the difference between the cover price and the contract price plus incidental and consequential damages, less expenses saved.

An agency acting in a judicial capacity resolves a disputed factual issue after a full and fair hearing. In later court litigation, that determination:

Answer: May be given preclusive effect under res judicata principles

Administrative adjudications made in a judicial capacity with a full and fair opportunity to litigate can receive preclusive effect.

Under AOPA, when an administrative law judge is not the agency's ultimate authority, the ALJ's order is:

Answer: A nonfinal order subject to review by the ultimate authority

The ALJ's order is nonfinal and becomes final only through the agency's ultimate authority absent timely objection and review.

A witness testifies that she heard the defendant say, 'I ran the red light.' Under the Federal Rules of Evidence, this statement is admissible as:

Answer: A statement by a party-opponent, which is not hearsay

Under FRE 801(d)(2), a party's own statement offered against that party is excluded from the definition of hearsay.

A charitable trust in Indiana to fund a specific hospital fails because the hospital closes. A court may apply cy pres to:

Answer: Redirect the trust to a similar charitable purpose consistent with the settlor's general charitable intent

Cy pres lets a court reform a failed charitable purpose to a near-equivalent one when the settlor had general charitable intent.

When an Indiana court conducts judicial review of an agency adjudication, its factual review is generally confined to:

Answer: The agency record created in the administrative proceeding

Judicial review under AOPA is limited to the agency record, and courts do not ordinarily receive new evidence.

In Indiana, which of the following is true about the statute of limitations for filing a personal injury lawsuit?

Answer: The statute of limitations is 2 years from the date of the injury.

In Indiana, the statute of limitations for most personal injury lawsuits is two (2) years. This means a plaintiff must file their lawsuit within two years from the date the injury occurred, or they will generally be barred from bringing the claim. This rule ensures timely resolution of disputes and prevents stale claims.

You are asked to draft a contract clause concerning dispute resolution. Which of the following is an important consideration for the clause?

Answer: The clause should specify the type of dispute resolution method (e.g., mediation, arbitration).

A well-drafted dispute resolution clause should clearly define the agreed-upon method for resolving future disputes, such as mediation, arbitration, or litigation. Specifying the method, rules, and venue helps streamline the process, reduce uncertainty, and potentially avoid costly court battles, making the clause effective and enforceable.

Under the Indiana Tort Claims Act, a claim against a political subdivision must be filed within how many days of the loss?

Answer: 180 days

The Indiana Tort Claims Act requires notice to a political subdivision within 180 days of the loss.

What is an agency's enabling statute?

Answer: The law enacted by Congress that creates the agency and defines its authority and powers

An enabling statute is the legislation that creates an administrative agency, outlines its mission, grants its powers, and sets the boundaries within which it must operate.

Can grandparents obtain visitation rights?

Answer: In limited circumstances, courts may grant grandparent visitation if it serves the child's best interest

Courts may grant grandparent visitation in specific circumstances, typically when the parents' marriage has been disrupted and visitation serves the child's best interest, balanced against parental rights.

An offeror mailed an offer stating acceptance must be received by June 1. The offeree mailed acceptance May 30, and it arrived June 2. Is there a contract?

Answer: No, because the offeror opted out of the mailbox rule by requiring receipt

The mailbox rule does not apply when the offer expressly conditions acceptance on receipt by a deadline.

In drafting an MPT persuasive brief, point headings should generally be written as what?

Answer: Complete argumentative sentences combining law and favorable facts

Effective persuasive point headings are full sentences that assert the conclusion using law applied to the client's facts.

An MPT File includes a document marked as a draft contract with blanks. The task memo asks you to redraft a clause. What skill is primarily being tested?

Answer: Transactional drafting that implements the client's objectives within the Library's legal constraints

Drafting tasks test the ability to translate client goals into precise language consistent with the supplied law.

Under the Fourteenth Amendment's Equal Protection Clause, a law that classifies on the basis of gender is subject to which standard of review?

Answer: Intermediate scrutiny

Gender-based classifications are subject to intermediate scrutiny, requiring the government to show the law is substantially related to an important governmental interest.

A landowner sells the back half of his parcel, leaving it with no access to a public road except across the retained front half. The deed says nothing about access. What right does the buyer most likely have?

Answer: An easement by necessity over the seller's retained land

Severance of a commonly owned parcel that landlocks one portion creates an easement by necessity over the retained land.

A store customer slips on a grape that had been on the floor for several hours. To hold the Indiana store liable for premises liability, the customer as an invitee must generally show the store:

Answer: Had actual or constructive knowledge of the hazard and failed to exercise reasonable care

A landowner owes invitees reasonable care, which requires actual or constructive knowledge of the dangerous condition, but is not an insurer of safety.