Multistate Bar Flashcards
7 cards from real ND BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Multistate Bar flashcards as text
Under MBE Criminal Law, which defense negates the mental state required for specific-intent crimes but NOT general-intent crimes?
Answer: Voluntary intoxication
Voluntary intoxication may negate the specific intent required for crimes like murder (first degree) and larceny, but is not a defense to general-intent crimes.
Under MBE Property, adverse possession typically requires possession that is open, notorious, actual, exclusive, continuous, and:
Answer: Under a claim of right (hostile)
Adverse possession requires hostile possession under a claim of right, meaning the possessor occupies the land without the owner's permission and as if it were their own.
Under MBE Constitutional Law, the dormant Commerce Clause prevents states from enacting laws that:
Answer: Unduly burden or discriminate against interstate commerce
The dormant Commerce Clause doctrine prohibits state laws that discriminate against or unduly burden interstate commerce, even absent congressional action.
Under MBE Evidence, which hearsay exception applies to a statement made during an ongoing emergency describing the emergency itself?
Answer: Excited utterance
An excited utterance under FRE 803(2) is a statement relating to a startling event made while the declarant was under the stress of excitement caused by the event.
Under MBE Civil Procedure, a compulsory counterclaim is one that arises from the same transaction or occurrence as the plaintiff's claim and must be raised or it is:
Answer: Barred in future litigation
Under FRCP 13(a), a compulsory counterclaim that is not raised in the current action is waived and may not be asserted in a subsequent lawsuit.
On the MBE, which property doctrine holds that a deed delivered to a third party to be given to the grantee upon satisfaction of a condition creates a valid transfer?
Answer: Delivery in escrow
Delivery in escrow (conditional delivery) is effective upon satisfaction of the condition, and title passes automatically when the condition is met.
Under MBE Torts, a defendant who publishes a false statement of fact that harms the plaintiff's business without proving actual malice may be liable for:
Answer: Product disparagement requiring actual economic loss
Trade libel (product disparagement) requires proof of a false statement of fact about the plaintiff's goods or business and actual economic loss, distinct from personal defamation.