SOUTH DAKOTA BAR EXAM DISTINCTIONS — ONE-PAGE CHEAT SHEET
Condensed companion to the South Dakota Bar Exam Distinctions long outline.
1. EXAM FORMAT
NOT a UBE jurisdiction · national MBE + MEE + MPT components PLUS a state-specific SOUTH DAKOTA INDIAN LAW essay · written portion + MBE weighted 50/50 · because of the SD Indian Law component the score is NOT portable (no portable UBE number in or out) · on the national components write GENERAL/multistate law — do NOT insert SD statutes unless a question expressly asks for SD law · but South Dakota Indian Law IS directly tested — prepare it as primary content · also recognize the one truly anomalous common-law rule (slight/gross comparative negligence).
2. CIVIL PROCEDURE & LIMITATIONS
SDCL Title 15 governs state-court practice (federal-style rules; service, pleading, motions) · SOL: 3 yrs personal injury/most torts · 6 yrs written contracts · 6-yr catch-all for many civil obligations · med-mal a shorter period (≈2 yrs) with statutory nuances · note the contrast: long 6-yr contract period vs. moderate 3-yr tort period — a common practice trap · on a SD-specific question, name the period (e.g., "SD's six-year written-contract period") and run the math.
3. EVIDENCE
SDCL ch. 19-19 evidence rules mirror the FRE in numbering and substance · apply your FRE knowledge directly — differences are minor and statute-specific · on a UBE essay apply the FRE; if a question expressly asks for SD law, cite "the South Dakota Rules of Evidence (SDCL ch. 19-19)" and use the same analysis.
4. FAMILY LAW
No-fault (irreconcilable differences) divorce requires MUTUAL CONSENT — if one spouse contests, the case may be forced onto fault grounds (adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, felony conviction) · NO common-law marriage (license + solemnization required) · equitable distribution (not community property) by statutory factors; no fixed formula · alimony based on need and ability to pay; fault may bear on division and alimony · flags: mutual-consent requirement for no-fault divorce and no common-law marriage are both quick, high-value points.
5. WILLS, TRUSTS & ESTATES
UPC state (SDCL Title 29A) · will = writing + 2 witnesses · HOLOGRAPHIC WILLS VALID (material provisions + signature in testator's hand, no witnesses needed) · self-proving affidavits OK · elective share = UPC sliding-scale augmented estate (up to 50% after 15 yrs) — NOT a flat 1/3 · intestacy per UPC (spouse takes all when descendants are common, reduced with stepchildren/non-common descendants) · UPC defaults apply: anti-lapse, pretermitted heirs, 120-hour survival rule, per-capita-at-each-generation · homestead exemption + family allowance/exempt property · NO rule against perpetuities for trusts — SD is a dynasty/asset-protection trust haven, the uniquely SD trusts point · EX: a signed, unwitnessed note in the testator's own hand ("I leave everything to my sister") is a valid holographic will in SD.
6. REAL PROPERTY
NOTICE recording jurisdiction — a subsequent BFP who takes WITHOUT notice prevails even without recording first (though reco