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Question 1General law (unverified - source silent)

Under the New Hampshire Rules of Professional Conduct, a lawyer who holds funds belonging to a client and a third party in trust must keep those funds in a trust account and must promptly notify the third party of receipt of the funds. Which rule governs this obligation?

  1. Rule 1.4, Communications
  2. Rule 1.5, Fees
  3. Rule 1.7, Conflict of Interest
  4. Rule 1.15, Safekeeping Property Correct answer.

Explanation

New Hampshire Rule 1.15 governs safekeeping of client and third-party property, requiring trust accounts, prompt notice to interested third parties, and recordkeeping. Rule 1.5 addresses fee agreements and reasonableness, and the other listed rules concern communication and conflicts.

Question 2General law (unverified - source silent)

In a New Hampshire Superior Court civil action, a defendant who has been served with the complaint must file an appearance and respond within how many days after service, absent a court order?

  1. 10 days
  2. 30 days
  3. 45 days
  4. 20 days Correct answer.

Explanation

Under the New Hampshire Superior Court Civil Rules, a defendant must file an appearance and answer or otherwise respond within twenty days after service of the complaint. Extensions require court order or agreement, and failure to respond may result in default.

Question 3General law (unverified - source silent)

Which court in New Hampshire has exclusive statewide jurisdiction over felony prosecutions and civil actions in which the amount in controversy exceeds the district division's statutory limit?

  1. The Supreme Court
  2. The Superior Court Correct answer.
  3. The District Court
  4. The Circuit Court

Explanation

The New Hampshire Superior Court is the trial court of general jurisdiction, hearing felonies and major civil cases. The district division handles lesser matters, the circuit court structure encompasses district and family divisions, and the Supreme Court is the appellate court.

Question 4General law (unverified - source silent)

A New Hampshire lawyer is asked to represent a client in a matter substantially related to a prior matter in which the lawyer personally represented the opposing party. The former client has not consented. What is the lawyer's obligation under Rule 1.9?

  1. The lawyer may accept because the former client is no longer a client
  2. The lawyer may accept if the new client consents in writing
  3. The lawyer must decline unless the former client gives informed consent, confirmed in writing Correct answer.
  4. The lawyer may accept if no confidential information is actually used

Explanation

Rule 1.9 prohibits a lawyer from representing a client in a substantially related matter adverse to a former client without that former client's informed consent, confirmed in writing. The duty of loyalty and confidentiality survives the end of the representation.

Question 5General law (unverified - source silent)

Which statement accurately describes New Hampshire's statute of limitations for a personal injury action based on negligence?

  1. One year from the date of the injury with no discovery rule
  2. Three years from the date of the injury, subject to the discovery rule Correct answer.
  3. Four years from the date of the injury with no discovery rule
  4. Two years from the date of the injury, subject to the discovery rule

Explanation

New Hampshire's personal injury statute of limitations, RSA 508:4, provides a three-year period running from the act or omission, with a discovery rule for injuries not reasonably discoverable at the time. The clock generally begins when the injury is or should be discovered.

Question 6General law (unverified - source silent)

In a New Hampshire criminal case, the prosecution wishes to introduce evidence of the defendant's prior bad acts to show motive. What standard must the State satisfy under New Hampshire Rule of Evidence 404(b)?

  1. The State must show the prior act resulted in a conviction
  2. The evidence is automatically admissible because prior acts show propensity
  3. The evidence is admissible if the prior act is mentioned in the charging document
  4. The State must show the evidence is relevant to a permissible purpose, and the probative value must not be substantially outweighed by unfair prejudice Correct answer.

Explanation

New Hampshire Rule 404(b) requires the proponent to identify a permissible purpose such as motive, intent, or absence of mistake, and the court must balance probative value against unfair prejudice. Propensity use is prohibited.

Question 7General law (unverified - source silent)

A New Hampshire attorney is appointed to represent an indigent criminal defendant and the defendant insists on testifying falsely. Under the Rules of Professional Conduct, what must the attorney do?

  1. Present the testimony as true because the client controls the decision
  2. Refuse to allow the client to testify at all
  3. Withdraw from the representation without informing the court
  4. Attempt to persuade the client not to testify falsely, and if unsuccessful, seek to withdraw, and if withdrawal is denied, disclose the perjury to the tribunal Correct answer.

Explanation

Rule 3.3 requires candor to the tribunal and prohibits offering evidence the lawyer knows to be false. The lawyer must first try to dissuade the client, then seek withdrawal, and if that fails, disclose the perjury.

Question 8General law (unverified - source silent)

In New Hampshire, a party seeking to appeal a final decision of the Superior Court to the Supreme Court must generally file a notice of appeal within how many days of the written order?

  1. 14 days
  2. 10 days
  3. 30 days Correct answer.
  4. 60 days

Explanation

New Hampshire Rule of Appellate Procedure 4 requires a notice of appeal within thirty days after the clerk's entry of the final order. The deadline is jurisdictional and not routinely extended.

Question 9General law (unverified - source silent)

A New Hampshire homeowner sues a contractor for breach of a home improvement contract. Which of the following is most likely to be required before the homeowner can recover damages for defective work?

  1. A jury trial demand filed with the complaint
  2. A written contract or a statutory disclosure statement depending on the contract price Correct answer.
  3. Approval by the town building inspector
  4. A federal court filing

Explanation

New Hampshire's home improvement contractor statutes, RSA 540-A and related consumer protection provisions, may require written contracts and specified disclosures depending on the contract amount. Compliance affects the ability to recover damages.

Question 10General law (unverified - source silent)

Which of the following best describes the doctrine of adverse possession under New Hampshire law?

  1. Possession must be with the owner's permission for twenty years
  2. Possession must be adverse and under color of title for seven years
  3. Possession must be actual, open, notorious, exclusive, adverse, and continuous for twenty years Correct answer.
  4. Possession must be actual, open, and continuous for ten years

Explanation

New Hampshire's adverse possession doctrine generally requires actual, open, notorious, exclusive, adverse, and continuous possession for a statutory period of twenty years. Permission defeats adverseness.

Question 11General law (unverified - source silent)

In a New Hampshire probate proceeding, when does a will that is not self-proved generally require formal proof?

  1. Never, because New Hampshire accepts all wills without proof
  2. Only if a beneficiary objects
  3. Only if the will was executed outside New Hampshire
  4. Whenever the will is offered for probate without an attestation clause or self-proving affidavit Correct answer.

Explanation

New Hampshire's probate statutes allow self-proved wills to be admitted without testimony of witnesses; otherwise formal proof by witnesses may be required. The absence of a self-proving affidavit or attestation clause typically triggers proof.

Question 12General law (unverified - source silent)

A New Hampshire lawyer is negotiating a settlement on behalf of a client. Opposing counsel sends a written settlement offer. Under Rule 4.2, may the lawyer communicate directly with the opposing party who is represented by counsel?

  1. Yes, if the lawyer believes it will expedite the matter
  2. No, unless the opposing party's counsel consents or the communication is authorized by law or court order Correct answer.
  3. Yes, because the opposing party is the one who must decide whether to settle
  4. Yes, because settlement negotiations are exempt from the no-contact rule

Explanation

Rule 4.2 prohibits communication about the subject of the representation with a person the lawyer knows to be represented by another lawyer, absent that lawyer's consent or legal authorization. Settlement discussions must go through counsel.

Question 13General law (unverified - source silent)

In New Hampshire, which of the following statements about the doctrine of comparative negligence is correct?

  1. A plaintiff's recovery is reduced in proportion to the plaintiff's own fault, and recovery is barred if the plaintiff's fault is greater than the defendant's Correct answer.
  2. A plaintiff's recovery is always barred by any contributory fault
  3. A plaintiff's recovery is never reduced by the plaintiff's own fault
  4. A plaintiff's recovery is barred only if the plaintiff's fault exceeds the defendant's

Explanation

New Hampshire follows a modified comparative negligence rule: damages are reduced by the plaintiff's share of fault, and recovery is barred when the plaintiff's fault exceeds the defendant's. This is codified in RSA 507:7-d.

Question 14General law (unverified - source silent)

A New Hampshire criminal defendant moves to suppress evidence obtained during a warrantless search of a vehicle. Under the New Hampshire Constitution, which standard generally governs the validity of the search?

  1. The search is valid only if the defendant consents in writing
  2. The search is always invalid without a warrant
  3. The search is valid if the officer had any suspicion whatsoever
  4. The search must be reasonable, and automobile exception principles may apply if probable cause exists Correct answer.

Explanation

Both the Fourth Amendment and Part I, Article 19 of the New Hampshire Constitution require reasonableness. The automobile exception permits a warrantless search of a vehicle when officers have probable cause.

Question 15General law (unverified - source silent)

Which of the following is a correct statement about the New Hampshire Supreme Court's discretionary review of a case?

  1. The Supreme Court must hear every appeal as of right
  2. The Supreme Court must remand every case to the Superior Court first
  3. The Supreme Court may decline to accept an appeal in certain cases where review is discretionary Correct answer.
  4. The Supreme Court hears only death penalty appeals

Explanation

New Hampshire's appellate rules provide for discretionary review in certain categories of cases, allowing the Supreme Court to decline review. Other appeals, such as final judgments, are generally as of right.

Question 16General law (unverified - source silent)

A New Hampshire lawyer discovers that a client intends to commit a fraud in a business transaction. Under Rule 1.6, may the lawyer reveal information to prevent the fraud?

  1. No, confidentiality is absolute
  2. No, unless a court orders disclosure
  3. Yes, but only after the fraud is complete
  4. Yes, because Rule 1.6 permits disclosure to prevent a client from committing a crime or fraud reasonably certain to result in substantial financial injury Correct answer.

Explanation

New Hampshire Rule 1.6 permits, but does not require, disclosure of confidential information to prevent a client from committing a crime or fraud reasonably certain to cause substantial financial harm. The lawyer may also reveal information to rectify such a fraud.

Question 17General law (unverified - source silent)

A New Hampshire plaintiff files suit in Superior Court alleging breach of an oral contract for services valued at $2,000. The defendant asserts the statute of frauds. Which statement is most accurate?

  1. The statute of frauds bars the claim because all contracts must be in writing
  2. The statute of frauds likely does not bar the claim because the contract could be performed within one year Correct answer.
  3. The statute of frauds bars the claim because the amount exceeds $500
  4. The statute of frauds bars the claim because services contracts are always written

Explanation

New Hampshire's statute of frauds, RSA 506:2, requires writing for certain contracts, including those that cannot be performed within one year. An oral services contract that could be completed within a year is generally not barred.

Question 18General law (unverified - source silent)

In a New Hampshire divorce proceeding, which of the following best describes the court's authority regarding property division?

  1. The court may divide only property titled in both spouses' names
  2. The court may make an equitable division of marital property considering statutory factors Correct answer.
  3. The court has no authority to divide property, only to award alimony
  4. The court must divide property equally in all cases

Explanation

Under RSA 458:16-a, New Hampshire courts have broad discretion to make an equitable division of marital property after considering enumerated factors. Equal division is a starting point but not mandatory.

Question 19General law (unverified - source silent)

A New Hampshire employer terminates an employee at will. Under New Hampshire common law, the employee may bring a wrongful discharge claim only if the termination violates public policy. Which of the following would most clearly support such a claim?

  1. The employee was terminated during a probationary period
  2. The employee was terminated after reporting the employer's illegal conduct to authorities Correct answer.
  3. The employee was terminated because of a personality conflict with a supervisor
  4. The employee was terminated after requesting a raise

Explanation

New Hampshire recognizes a narrow public policy exception to at-will employment, such as retaliation for reporting illegal conduct. Personality conflicts, raise requests, and probationary status do not implicate public policy.

Question 20General law (unverified - source silent)

A New Hampshire attorney is asked to serve as a witness in a trial where the attorney's law partner is trial counsel. Under the Rules of Professional Conduct, what is the primary concern?

  1. The attorney may testify freely because partners are separate lawyers
  2. The attorney must testify but may not be cross-examined
  3. The attorney must resign from the bar
  4. Rule 3.7 generally prohibits a lawyer from acting as advocate and witness in the same trial, and the partner's testimony may require withdrawal of the firm if the testimony is material Correct answer.

Explanation

Rule 3.7 bars a lawyer from serving as both advocate and necessary witness at trial, and the disqualification may extend to the lawyer's firm when the testimony is material. The concern is the combined effect of advocacy and testimony.

Question 21General law (unverified - source silent)

A New Hampshire landowner grants a neighbor an easement 'for so long as the property is used as a farm.' The neighbor later ceases farming. What type of easement was created?

  1. A prescriptive easement
  2. An easement in gross
  3. An easement subject to a condition subsequent, which terminates when farming ceases Correct answer.
  4. A fee simple absolute

Explanation

An easement limited by a condition terminates when the stated condition fails, here the cessation of farming. Easements in gross lack a dominant estate, prescriptive easements arise by adverse use, and a fee simple is an ownership interest, not an easement.

Question 22General law (unverified - source silent)

In a New Hampshire products liability action, the plaintiff alleges a design defect. Which standard is most consistent with New Hampshire law?

  1. The plaintiff must prove the manufacturer intended to cause harm
  2. The product must be more dangerous than an ordinary consumer would expect, or the design must be unreasonably dangerous under a risk-utility analysis Correct answer.
  3. The manufacturer is strictly liable for all injuries caused by its products
  4. The product must have caused any injury, regardless of design

Explanation

New Hampshire applies a risk-utility and consumer-expectation framework to design defect claims, asking whether the product is unreasonably dangerous. Strict liability does not make manufacturers insurers of all injuries.

Question 23General law (unverified - source silent)

A New Hampshire lawyer represents a client in a matter and later learns that the lawyer's former client is the adverse party in a substantially related matter. The lawyer's new firm wishes to take the case. Which analysis best reflects New Hampshire's approach to imputed disqualification?

  1. The firm is automatically disqualified in all circumstances
  2. The firm may proceed because disqualification is never imputed
  3. The firm may proceed if the personally disqualified lawyer is screened and does not share in the fee, provided the former client's confidential information is protected Correct answer.
  4. The firm may proceed if the new client consents

Explanation

New Hampshire follows the screening approach in certain circumstances, allowing a firm to avoid imputed disqualification when the personally disqualified lawyer is timely screened and does not share in the fee. The former client's confidences must be protected.

Question 24General law (unverified - source silent)

A New Hampshire defendant in a criminal case seeks to suppress a confession obtained after a six-hour interrogation during which the defendant was not brought before a judge. Which constitutional provision is most directly implicated?

  1. The Eighth Amendment prohibition on cruel and unusual punishment
  2. The Fourth Amendment protection against unreasonable searches
  3. The Fifth Amendment privilege against self-incrimination and the Due Process Clause Correct answer.
  4. The Sixth Amendment right to a jury trial

Explanation

Coerced or involuntary confessions implicate the Fifth Amendment privilege against self-incrimination and due process voluntariness. Delay in presentment is relevant to whether the confession was voluntary.

Question 25General law (unverified - source silent)

A New Hampshire testator executes a will leaving the residue to 'my children.' One child predeceases the testator, leaving grandchildren. Under New Hampshire's anti-lapse statute, what is the likely result?

  1. The deceased child's share escheats to the state
  2. The deceased child's share passes to the surviving children only
  3. The entire will is invalid
  4. The deceased child's share passes to the deceased child's issue Correct answer.

Explanation

New Hampshire's anti-lapse statute, RSA 551:12, generally provides that a lapsed gift to a child or other specified relative passes to that person's issue. This prevents the share from being lost when the beneficiary predeceases the testator.

Question 26General law (unverified - source silent)

In New Hampshire, which court serves as the primary trial court of general jurisdiction hearing felony criminal cases and civil jury trials?

  1. The Superior Court Correct answer.
  2. The District Court
  3. The Probate Court
  4. The Circuit Court

Explanation

New Hampshire's Superior Court is the trial court of general jurisdiction, handling felonies, civil jury trials, and major equity matters. District and Circuit Court divisions handle lesser matters such as misdemeanors and small claims, and the Probate Court handles estates and guardianships.

Question 27General law (unverified - source silent)

Under the New Hampshire Rules of Professional Conduct, a lawyer who has formerly represented a client in a matter may later represent another person in the same or a substantially related matter only if the former client gives informed consent confirmed in writing and the new representation is not materially adverse to the former client. Which rule governs this situation?

  1. Rule 1.9, governing duties to former clients Correct answer.
  2. Rule 1.7, governing concurrent conflicts of interest
  3. Rule 2.2, governing the lawyer as an intermediary
  4. Rule 1.18, governing duties to prospective clients

Explanation

Rule 1.9 addresses a lawyer's duties to former clients, including the prohibition on representing a new client in a substantially related matter materially adverse to the former client absent informed written consent. Rule 1.7 covers concurrent clients, and Rule 1.18 covers prospective clients who never retained the lawyer.

Question 28General law (unverified - source silent)

In a New Hampshire civil action, the plaintiff must serve the defendant with the summons and complaint. Which method is generally an acceptable means of service on an individual defendant within New Hampshire?

  1. Mailing a copy to the defendant's attorney of record before any appearance
  2. Posting a copy on the door of the Superior Court clerk's office
  3. Publication in a newspaper of general circulation without any court order
  4. Personal delivery by a disinterested person of suitable age and discretion Correct answer.

Explanation

New Hampshire permits service on an individual by personal delivery of the summons and complaint by a disinterested person of suitable age and discretion. Publication service generally requires a court order and is reserved for cases where the defendant cannot be located after diligent effort.

Question 29General law (unverified - source silent)

A New Hampshire testator dies leaving a valid will that names an executor. What is the document issued by the Probate Court that formally authorizes the executor to act on behalf of the estate?

  1. Letters testamentary Correct answer.
  2. A decree of distribution
  3. Letters of administration
  4. A writ of attachment

Explanation

When the decedent left a will naming an executor, the Probate Court issues letters testamentary authorizing that executor to administer the estate. Letters of administration are issued to an administrator when there is no will or no named executor able to serve.

Question 30General law (unverified - source silent)

In New Hampshire, a person who is arrested for a misdemeanor and taken into custody must generally be brought before a judge for a probable cause determination within what time period?

  1. 72 hours
  2. 24 hours Correct answer.
  3. 7 days
  4. 48 hours

Explanation

New Hampshire law generally requires that an arrested person be brought before a judicial officer within 24 hours for a probable cause determination. This prompt-presentment rule protects the Fourth Amendment interest identified in Gerstein v. Pugh against prolonged detention without judicial review.

Question 31General law (unverified - source silent)

Which New Hampshire court has appellate jurisdiction over final decisions of the Superior Court in most civil and criminal cases?

  1. The New Hampshire Probate Court
  2. The New Hampshire Circuit Court
  3. The United States District Court for the District of New Hampshire
  4. The New Hampshire Supreme Court Correct answer.

Explanation

The New Hampshire Supreme Court is the state's highest court and hears appeals from final decisions of the Superior Court. The federal district court hears federal questions and diversity cases, not appeals from state trial courts.

Question 32General law (unverified - source silent)

In New Hampshire, a contract for the sale of goods priced at $600 is alleged to be unenforceable because it was not in writing. Which statute is most directly implicated?

  1. The New Hampshire Recording Statute
  2. The Uniform Commercial Code's parol evidence rule
  3. The New Hampshire Consumer Protection Act
  4. The New Hampshire Statute of Frauds Correct answer.

Explanation

New Hampshire's Statute of Frauds, as codified and applied alongside the UCC, requires a writing for certain contracts, including sales of goods for $500 or more. The Consumer Protection Act addresses unfair or deceptive trade practices, and the recording statute governs priority of real property interests.

Question 33General law (unverified - source silent)

A New Hampshire attorney is retained by a client to draft a will. The client pays a flat fee in advance. Under the Rules of Professional Conduct concerning fees, which statement is correct?

  1. The lawyer may charge any fee agreed to without regard to reasonableness.
  2. The lawyer must place the advance in a trust account and withdraw earned portions as work is performed, refunding any unearned balance. Correct answer.
  3. The lawyer may commingle the advance with personal funds as long as records are kept.
  4. The lawyer may treat the entire advance as earned on receipt and need not refund any unused portion.

Explanation

Rule 1.15 requires client funds, including advance fee payments not yet earned, to be held in trust and withdrawn only as earned, with unearned amounts refunded. Rule 1.5 separately requires that all fees be reasonable.

Question 34General law (unverified - source silent)

In a New Hampshire negligence action, the plaintiff alleges the defendant breached a duty of care. Which standard generally defines the duty owed by an ordinary person in a typical negligence case?

  1. The standard of a reasonable person under like circumstances Correct answer.
  2. The standard of strict liability regardless of fault
  3. The standard of the defendant's own subjective best judgment
  4. The standard of the highest degree of care available in the community

Explanation

Negligence in New Hampshire is measured by the objective reasonable person standard, comparing the defendant's conduct to what a reasonably prudent person would do under similar circumstances. Strict liability applies only in limited contexts such as abnormally dangerous activities, and subjective judgment is not the benchmark.

Question 35General law (unverified - source silent)

A New Hampshire landlord and tenant sign a one-year written lease. The tenant vacates after four months without legal justification. Under New Hampshire law, what duty does the landlord generally have regarding mitigation of damages?

  1. The landlord may keep the security deposit as liquidated damages in all cases.
  2. The landlord must immediately sue for the entire balance without attempting to relet.
  3. The landlord has no duty to mitigate and may collect the full remaining rent.
  4. The landlord must make reasonable efforts to relet the premises and may recover only actual damages. Correct answer.

Explanation

New Hampshire follows the modern rule requiring a landlord to make reasonable efforts to mitigate damages after a tenant abandons the premises. The landlord may recover the difference between the agreed rent and what could reasonably have been obtained through reletting, plus incidental losses.

Question 36General law (unverified - source silent)

A New Hampshire police officer stops a driver for a burned-out taillight. During the stop, the officer asks the driver to step out and, without consent or probable cause, searches the passenger compartment and finds contraband. Which statement best reflects the constitutional analysis?

  1. The search is valid because the driver was operating a vehicle on a public road.
  2. The search is valid because a traffic stop automatically authorizes a full vehicle search.
  3. The search is invalid because the officer lacked probable cause or a recognized exception after the stop concluded. Correct answer.
  4. The search is invalid solely because the officer did not read Miranda warnings.

Explanation

A traffic stop permits the officer to address the traffic violation, but a search of the passenger compartment requires probable cause or a recognized exception such as consent or a search incident to arrest. Miranda warnings concern custodial interrogation and are irrelevant to the legality of the vehicle search.

Question 37General law (unverified - source silent)

A New Hampshire client tells her attorney during a consultation that she intends to commit perjury at an upcoming hearing. Under Rule 1.6 and Rule 3.3, what is the attorney's most appropriate course of action?

  1. Report the client to law enforcement immediately without first counseling the client.
  2. Withdraw from representation without any further action.
  3. Remain silent and allow the client to testify falsely because of confidentiality.
  4. Attempt to persuade the client not to testify falsely and, if she insists, take reasonable remedial measures including disclosure to the tribunal. Correct answer.

Explanation

Rule 3.3 prohibits a lawyer from offering evidence the lawyer knows to be false and requires reasonable remedial measures, including disclosure to the tribunal if necessary, even if that conflicts with confidentiality. The lawyer must first counsel the client against the misconduct.

Question 38General law (unverified - source silent)

In a New Hampshire Superior Court civil case, the plaintiff serves interrogatories on the defendant. The defendant objects to several interrogatories as overbroad. What is the proper procedure for the defendant to preserve the objections?

  1. File a motion to dismiss the entire case based on the objections.
  2. Serve timely written objections stating the grounds with specificity and answer the non-objectionable portions. Correct answer.
  3. Ignore the interrogatories and respond only to those deemed appropriate.
  4. Refuse all discovery until the court issues a scheduling order.

Explanation

Under the New Hampshire Rules of Civil Procedure, a party must serve timely written objections with specific grounds and must answer the portions of the discovery request that are not objectionable. Failure to object timely generally waives the objection.

Question 39General law (unverified - source silent)

A New Hampshire decedent dies intestate, survived by a spouse and two children from that marriage. Under New Hampshire intestacy law, how is the estate generally distributed?

  1. The estate is divided equally among the spouse and each child.
  2. The surviving spouse receives the entire estate only if there are no children.
  3. The entire estate passes to the surviving spouse. Correct answer.
  4. The estate passes entirely to the children, excluding the spouse.

Explanation

Under New Hampshire's intestacy statute, when the decedent is survived by a spouse and descendants who are also the spouse's descendants, the surviving spouse generally takes the entire intestate estate. The children take only when the spouse does not survive or in other statutory configurations.

Question 40General law (unverified - source silent)

A New Hampshire homeowner signs a contract with a paving company. The contract includes a clause requiring arbitration of all disputes. A dispute arises, and the homeowner sues in Superior Court. What is the most likely result?

  1. The court will refuse to enforce arbitration clauses in consumer contracts as a matter of public policy.
  2. The court will transfer the case to Probate Court.
  3. The court will disregard the arbitration clause because it was not separately initialed.
  4. The court will generally enforce the arbitration clause and compel arbitration if the clause is valid and the dispute falls within its scope. Correct answer.

Explanation

New Hampshire courts enforce valid arbitration agreements and will compel arbitration when the parties agreed to it and the dispute falls within the clause's scope. Arbitration clauses in consumer contracts are generally enforceable absent unconscionability or other contract defenses.

Question 41General law (unverified - source silent)

A New Hampshire employer terminates a long-term employee. The employee claims the termination violated an implied covenant of good faith and fair dealing. Under New Hampshire employment law, how are such claims generally treated in the at-will context?

  1. New Hampshire requires employers to show just cause for every termination.
  2. New Hampshire treats at-will terminations as void unless approved by the Department of Labor.
  3. New Hampshire recognizes a broad implied covenant claim for every at-will termination.
  4. New Hampshire courts have generally declined to recognize a standalone implied covenant claim for at-will employees absent a specific statutory or contractual basis. Correct answer.

Explanation

New Hampshire adheres to at-will employment and has generally rejected a broad implied covenant of good faith and fair dealing cause of action for at-will terminations. Employees must instead rely on statutory claims such as whistleblower protection or contractual promises.

Question 42General law (unverified - source silent)

In a New Hampshire criminal case, the defendant is charged with a felony and requests appointed counsel because he cannot afford an attorney. Under the Sixth Amendment and New Hampshire practice, which statement is correct?

  1. Counsel must be appointed for any indigent defendant facing imprisonment, including felonies and misdemeanors carrying jail time. Correct answer.
  2. Counsel is appointed only if the defendant posts bail.
  3. Counsel is appointed only for capital murder cases.
  4. Counsel is appointed at the court's discretion regardless of indigency.

Explanation

Under Gideon v. Wainwright and New Hampshire practice, indigent defendants facing imprisonment are entitled to appointed counsel, including for misdemeanors that carry jail time. Appointment is a constitutional right, not a discretionary or bail-dependent benefit.

Question 43General law (unverified - source silent)

A New Hampshire plaintiff brings a claim for defamation based on a statement published in a local newspaper. The statement concerns a private figure on a matter of public concern. Which fault standard must the plaintiff generally establish?

  1. Intent to cause emotional distress
  2. Actual malice, meaning knowledge of falsity or reckless disregard for the truth
  3. Negligence as to the truth or falsity of the statement Correct answer.
  4. Strict liability regardless of fault

Explanation

Under Gertz v. Robert Welch and New Hampshire defamation law, a private figure involved in a matter of public concern must prove at least negligence to recover actual damages, and actual malice to recover presumed or punitive damages. Actual malice is the standard for public officials and public figures.

Question 44General law (unverified - source silent)

A New Hampshire attorney is asked to represent a client in a matter in which the attorney's spouse owns a controlling interest in the opposing party. What is the attorney's primary ethical obligation?

  1. Proceed with representation because the spouse's interest is personal, not the attorney's.
  2. Refer the matter to another attorney but continue to receive a referral fee.
  3. Decline the representation unless the conflict is consentable and both clients give informed consent confirmed in writing. Correct answer.
  4. Proceed only if the attorney's spouse agrees not to discuss the matter.

Explanation

Rule 1.7 imputes certain personal-interest conflicts, including those arising from a lawyer's close family relationships, to the lawyer. If the conflict is consentable, the lawyer may proceed only with informed consent confirmed in writing from affected clients; otherwise the representation must be declined.

Question 45General law (unverified - source silent)

In New Hampshire, a party who loses in the District Court division may appeal to which court for a trial de novo in most cases?

  1. The United States Court of Appeals for the First Circuit
  2. The New Hampshire Supreme Court
  3. The Superior Court Correct answer.
  4. The Probate Court

Explanation

Appeals from the District Court division generally go to the Superior Court for a trial de novo, meaning the case is retried rather than reviewed on the record. The Supreme Court hears appeals from final Superior Court decisions, and the First Circuit reviews federal district court decisions.

Question 46General law (unverified - source silent)

A New Hampshire seller agrees in writing to sell land to a buyer. Before closing, the seller refuses to convey. The buyer seeks specific performance. Which factor is most important to the court's analysis?

  1. Whether the seller had a change of heart
  2. Whether the buyer paid a deposit at signing
  3. Whether the land is unique such that money damages are inadequate Correct answer.
  4. Whether the buyer is represented by counsel

Explanation

Specific performance of a land sale contract is generally available because each parcel of land is treated as unique, making money damages inadequate. The deposit and representation status are not the decisive equitable factors.

Question 47General law (unverified - source silent)

A New Hampshire property owner grants a neighbor a right to cross the owner's land to reach a public road. The grant is in writing, describes the route, and is recorded. The neighbor later sells the benefited parcel. What happens to the easement?

  1. The easement terminates because it was personal to the original neighbor.
  2. The easement converts into a fee simple ownership of the servient land.
  3. The easement becomes void unless re-recorded by the new owner.
  4. The easement runs with the land and passes to the new owner of the benefited parcel. Correct answer.

Explanation

An appurtenant easement benefits the dominant estate and passes automatically with the land when that parcel is conveyed. Because the grant was written, described, and recorded, it runs with the land without need for re-recording.

Question 48General law (unverified - source silent)

In a New Hampshire criminal prosecution, the State seeks to introduce the defendant's prior conviction to impeach the defendant's credibility if he testifies. Under New Hampshire Rule of Evidence 609, which factor most affects admissibility?

  1. Whether the prior conviction occurred in New Hampshire or another state
  2. Whether the defendant was represented by counsel at the prior trial
  3. Whether the prior conviction was for a felony or a crime involving dishonesty, and whether its probative value outweighs unfair prejudice Correct answer.
  4. Whether the prior conviction involved a jury trial

Explanation

Rule 609 permits impeachment by prior conviction, with special treatment for crimes involving dishonesty and a balancing test under Rule 403 for other felonies. The location of the conviction and the mode of trial do not control admissibility.

Question 49General law (unverified - source silent)

A New Hampshire plaintiff sues a manufacturer for injuries from a machine. The manufacturer argues the plaintiff assumed the risk by disabling a safety guard. Under New Hampshire's comparative fault framework, how is assumption of risk generally treated?

  1. Assumption of risk is irrelevant in products liability cases.
  2. Assumption of risk is a complete bar to recovery in all cases.
  3. Assumption of risk shifts liability entirely to the plaintiff only if the plaintiff signed a waiver.
  4. Assumption of risk is treated as part of comparative fault, reducing recovery rather than barring it entirely. Correct answer.

Explanation

New Hampshire abolished contributory negligence as a complete bar in favor of comparative fault, and assumption of risk is generally folded into that comparative analysis. A plaintiff's conduct reduces recovery proportionally rather than automatically barring the claim.

Question 50General law (unverified - source silent)

A New Hampshire attorney is retained to handle an appeal. The client insists the attorney raise every conceivable issue, including frivolous ones. Under the Rules of Professional Conduct, what should the attorney do?

  1. Withdraw immediately without informing the court.
  2. Raise the frivolous issues but disclaim them in the brief.
  3. Raise all issues as instructed because the client controls the objectives of representation.
  4. Decline to raise frivolous issues while presenting all non-frivolous arguments the client wishes to advance. Correct answer.

Explanation

Rule 3.1 prohibits a lawyer from asserting frivolous claims or contentions, and Rule 1.2(a) gives the client authority over objectives but not over the means, including which legal arguments are professionally permissible. The lawyer should present all non-frivolous issues the client wants raised.