FREE SD Bar Multistate Bar Questions and Answers

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Which amendment to the U.S. Constitution provides for the right to a speedy trial?

Correct! Wrong!

The Sixth Amendment to the U.S. Constitution guarantees the right to a speedy trial. This amendment also provides other important protections for defendants in criminal cases, including the right to a public trial, the right to an impartial jury, and the right to counsel.

Which of the following is required for a claim of negligence?

Correct! Wrong!

To prove negligence, a plaintiff must show that the defendant breached a duty of care owed to the plaintiff. While causation in fact is also a necessary element of negligence, the breach of duty is a fundamental requirement.

Which of the following is true about the Miranda rights?

Correct! Wrong!

Miranda rights must be read to a suspect before any confession or statement made during custodial interrogation can be used in court. This requirement comes from the Miranda v. Arizona decision.

In a contract for the sale of goods, which of the following is not a requirement for a contract to be enforceable under the UCC?

Correct! Wrong!

Under the Uniform Commercial Code (UCC), a contract for the sale of goods can be enforceable even if it does not include a specific price term. The UCC allows for the price to be determined at a later time or based on a reasonable price. The other requirements (offer and acceptance, consideration, and written memorandum for contracts of $500 or more) are necessary for an enforceable contract.

Which of the following is a valid exception to the hearsay rule?

Correct! Wrong!

Statements made by a party-opponent are admissible under the hearsay rule as an exception. This is often referred to as an admission by a party-opponent. Hearsay is generally inadmissible unless it falls under one of the recognized exceptions. The other choices do not qualify as exceptions to the hearsay rule.