Bar Exam Rule Statements Practice Test

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• Under FRE Rule 403, which statement describes exclusion of evidence?
• Once the applicable state substantive law is determined in a diversity case, how must the federal court apply that law?
• The parol evidence rule may prohibit modifying a fully integrated contract, but it permits extrinsic evidence to interpret ambiguous terms.
• Does the attorney-client privilege survive the termination of the attorney-client relationship?
• Which situation creates a warranty of fitness for a particular purpose?
• When is a contract created for the benefit of a third party enforceable by that third party?
• General jurisdiction exists when
• Under the Uniform Marriage and Divorce Act (UMDA), modification is allowed only upon a showing of changed circumstances that are substantial and continuing enough to render the terms what?
• Which statements are protected by Miranda rights?
• Under Erie, which of the following is a substantive law?
• Which statement about Purchase Money Security Interests (PMSIs) is correct?
• When do Miranda rights attach?
• Which statement about negligence per se is true?
• A director may rely on the reasonable advice from advisors, such as attorneys, accountants, officers, or committees of the board when:
• Which statement about statutory compliance and reasonable care is correct?
• Which statement about forum-selection clauses and transfer of venue is correct?
• Pure comparative negligence is best described as?
• For contracts for the sale of goods priced at $500 or more, a writing signed by the party to be charged is required; exceptions include specially manufactured goods, admissions, and, between merchants, a signed confirmatory memorandum that is not objected to.
• Consideration rule: The bargained-for exchange must have legally sufficient value; the adequacy of the exchange is generally not evaluated by the courts.
• When is a class gift usually considered closed for distribution under class gift rules?
• In civil cases, when may character evidence be admitted to prove propensity?
• Nominal damages may be awarded in tort actions when there is no actual loss. Which statement best expresses this?
• What does the implied warranty of merchantability require?
• Under the Uniform Partnership Act (1997), general partners are personally liable for partnership obligations.
• If there are multiple independent causes that could each alone have caused the injury, how may causation be established?
• Under most states, a modification of a child or spousal support order requires what kind of change in circumstances?
• Under the first-in-time rule, when two unperfected security interests have attached, priority goes to:
• If terms are missing, what may a court do?
• Novation means what regarding the original duty?
• Misrepresentation remedies: A misrepresentation may lead to rescission or damages; fraud requires intent to deceive.
• What governs subject matter and personal jurisdiction?
• Incoming partners admitted into an existing partnership are NOT liable for obligations incurred prior to their admission.
• Which statement describes proximate causation?
• Buyers in the ordinary course take free of a security interest when they purchase goods from a merchant in the ordinary course. Which option reflects this?
• Acceptance by dispatch is effective upon proper dispatch or communication to the offeror, unless the offeror requires receipt or there is a contrary term.
• Which is an example of a non-hearsay statement?
• Which statement about a PMSI in consumer goods is true?
• Interrogation for Miranda purposes includes questions that are likely to elicit a response.
• Which statement is true about capacity in contract law?
• Which of the following statements best describes how character evidence may be proven under FRE when admissible?
• Under the Dormant Commerce Clause, state laws that discriminate against interstate commerce are invalid unless what.
• Which definition correctly characterizes Equipment for a security interest?
• Which statement correctly describes strict liability in product liability?
• Which type of collateral can be perfected by possession?
• Which statement about strict product liability is true?
• Which of the following is typically classified as separate property?
• Which of the following best describes when a federal court has subject matter jurisdiction?
• To exert personal jurisdiction over a nonresident defendant when the forum state's long-arm statute allows jurisdiction to the same extent as the Constitution, the analysis is
• When the minimum contacts test is met, what else must be shown to satisfy due process in personal jurisdiction?
• Under equal protection analysis, when does strict scrutiny apply?
• Which element is required for attachment of a security interest?
• Which item is NOT considered inventory?
• Under UTC, which statement about trust execution formalities is correct?
• Under the mailbox rule, when is an acceptance effective, assuming reasonable means of communication and no contrary language in the offer?
• Res ipsa loquitur allows an inference of negligence when which conditions are met?
• Which of the following is a proper basis for venue in federal court?
• Under FRE, which is a non-propensity purpose?
• Which statement is NOT a Miranda warning?
• To obtain personal jurisdiction, what must be shown?
• A perfected security interest in proceeds becomes unperfected on the 21st day after attachment unless which condition is satisfied?
• Which scenario best illustrates a Rule 403 exclusion due to probative value being substantially outweighed by potential unfair prejudice?
• Course of dealing means?
• In a homicide case, the prosecution may offer evidence of the victim's character for peacefulness ONLY IF the defendant claims the victim was the aggressor.
• Which is NOT a ground for a federal court to decline supplemental jurisdiction over state-law claims?
• In civil cases, is evidence of a person’s character to prove conduct on a particular occasion generally admissible?
• Damages in torts: which statements are true?
• In IIED, what is the required conduct and result?
• Public safety exception.
• Which statement identifies a hearsay scenario correctly?
• Which intervening act is ALWAYS deemed foreseeable for proximate cause?
• Under proper-venue transfer rules, if venue was proper at filing, the court MAY transfer if
• Divisible divorce allows:
• When acts fall outside the ordinary course of the partnership, what is required for binding the partnership?
• Perfection may be obtained by taking possession or control of collateral.
• Which statement about when diversity jurisdiction is determined is accurate?
• When is summary judgment appropriate?
• Under UIFSA, full faith and credit to a foreign child support order is not required if the issuing state has jurisdiction to enter the order and which condition exists?
• After invoking the right to remain silent, under what conditions may police reinitiate questioning?
• A minor's contract is generally voidable at the minor's option; with what exception?
• What governs negligence duty?
• A federal court must have personal jurisdiction over a defendant for its judgment to be binding. Which is a traditional basis for asserting personal jurisdiction?
• Under the Business Judgment Rule, which scenario would not be protected?
• Which element is NOT typically required for adverse possession?
• Part performance may remove the writing requirement for land contracts if acts unequivocally indicate the existence of a contract.
• A federal court has jurisdiction if a well-pleaded complaint alleges a claim that arises under federal law; raising a defense under federal law is NOT sufficient.
• Under the UCC, a merchant's firm offer to keep an offer open is binding without consideration if the offer is in writing, signed by the merchant, and states that it will be held open, for up to three months.
• Under UCC Article 2, a contract for sale of goods may be formed by
• Discharge by performance occurs when duties are fully performed; a condition precedent may excuse performance if the condition does not occur.
• Which statement best describes the Establishment Clause?
• Which statement about hiring an employee is correct?
• Intervening criminal acts are usually not foreseeable unless which conditions?
• Under the Erie doctrine, in a federal diversity case, which type of law governs procedural matters, with state law governing substantive matters?
• Under equal protection, when does strict scrutiny apply?
• Which federal statutes require states to give full faith and credit to child support orders?
• Which remedy results when a party substantially performs a contract?
• Which element is NOT required to establish a prima facie case of negligence?
• To be incorporated by reference into a will, a writing must meet certain requirements. Which one is NOT required?
• Which of the following is NOT a valid basis to reinitiate questioning after invoking the right to counsel?
• Which statement describes the rule for conversion?
• Which statement about PMSIs in non-consumer goods is true?
• In civil cases, evidence of a victim's sexual behavior or predisposition is admissible if its probative value substantially outweighs the danger of harm and prejudice, and reputation evidence is admissible only if the victim has placed it in controversy.
• Which statement best describes the Business Judgment Rule?
• To admit a writing into evidence, which requirement applies most directly?
• Which of the following is NOT required for attachment?
• Parol evidence rule: It prohibits introducing prior or contemporaneous external agreements to modify or vary a fully integrated written contract, but there are exceptions for ambiguity, fraud, or conditions precedent.
• Which statement about creating a general partnership is true?
• When two secured parties have perfected interests in the same collateral, which party has priority?
• Under the UCC battle of the forms, when does a definite and seasonable acceptance with additional terms form a contract?
• Which statement about the reasonable person standard is correct?
• If the offer states acceptance is effective only upon receipt by the offeror, when is acceptance effective?
• During custodial interrogation, what is required according to the 5th Amendment privilege against self-incrimination?
• Under the Best Evidence Rule, are duplicates generally admissible to satisfy the original writing requirement?
• If two unperfected security interests have attached, which rule governs priority?
• Actual cause is defined as
• Under res judicata, what bars a subsequent action?
• Which statement describes perfection's effect?
• NOT true about priority in security interests?
• Domicile for jurisdiction purposes requires which combination?
• Adequacy of consideration is generally not evaluated by the courts; there must be a bargained-for exchange of legally sufficient value.
• Dissolution of a definite-term general partnership occurs upon which event?
• Proximate cause requires that the injury be a foreseeable result.
• When does the implied warranty of fitness for a particular purpose arise?
• Which statement about priority when two interests are both perfected is true?
• Which statement about service of process is correct?
• Which four elements are required for a valid contract?
• Part performance for land contracts: Part performance by the purchaser may remove the need for a writing if acts such as possession, payment, or improvements unequivocally indicate the existence of a contract.
• In a divorce, which statement about marital property is true?
• What standard of care applies to licensed professionals in negligence actions?
• A judgment creditor cannot levy execution against a partner's personal assets for a partnership debt unless
• Which statement best describes the Business Judgment Rule?
• In criminal cases, when may the prosecution introduce evidence of the defendant's character to prove propensity?
• Which statement describes the implied warranty of merchantability?
• Under the Dormant Commerce Clause, what is an exception allowing a discriminatory local regulation?
• What is the test for causation in fact (but-for causation)?
• Which statement about hearsay is accurate?
• If the partnership agreement is silent on scope, a partner has authority to bind the partnership to usual and customary matters, unless which condition applies?
• Punitive damages are available in torts when?
• Under Erie, when a federal court must determine which state's substantive law applies, which rules does it apply first to determine the applicable state substantive law?
• Under UCC Article 2, which statement about contract formation is correct?
• Under intestate law, if decedent leaves surviving spouse and issue, the surviving spouse will receive the entire estate if
• What distinguishes assault from battery?
• What is required for a valid invocation of a Miranda right to remain silent?
• Consumer PMSIs are automatically perfected.
• Ex parte divorce may be maintained without personal jurisdiction over the absentee spouse if which condition exists?
• When evidence contains hearsay within hearsay, what is required for admissibility?
• Mistake of law generally does not excuse performance, except as to misrepresentation of law or when a contract explicitly makes law relevant; most relief is for mistake of fact.
• Which statement accurately defines Equipment for a security interest?
• A material breach has what effect on performance?
• Which of the following is an example of a procedural issue for Erie purposes?
• Specific jurisdiction exists when
• Which statement describes actual authority?
• The majority view and the UPC use which test to determine if a witness signed in the testator's presence?
• Which of the following is a recognized hearsay exception?
• What does the attorney-client privilege protect?
• If a party clearly repudiates future performance, what may the non-repudiating party do?
• Mutual mistake doctrine: If both parties share a material mistaken belief about a fact at the time of contracting, the contract may be rescinded; if the risk is allocated to a party, rescission is not available.
• If venue was improper when the case was filed, the court must either
• Which statement about coercive conduct in obtaining a waiver is correct?
• A contract is voidable if entered into under duress (improper threats) or undue influence (overmastering persuasion in a confidential relationship), impairing the party’s free will.
• When does breach occur in negligence?
• Implied warranties of merchantability and fitness for a particular purpose arise in sales of goods; what does merchantability require?
• Under the Supremacy Clause, federal law governs matters involving which of the following?
• Perfection is typically obtained by which method?
• Under the doctrine of res judicata, which statement is accurate?
• Which statement about adverse possession is correct?
• Which statement accurately describes federal preemption?
• Under the Uniform Probate Code, a valid will must satisfy which elements?
• Under the FRE, how is a party-opponent statement treated for hearsay purposes?
• Substantive due process governs fundamental rights; which statement correctly describes the review?
• Which statement is NOT required to prove negligence per se?
• Apparent authority exists when
• Which statement best captures the rule for trespass to land?
• The majority of states distribute intestate assets using per capita at each generation.
• Which statement best describes a valid Miranda waiver?
• Under contract law, what is the general rule about assignment and delegation of rights and duties?
• What is the consequence of a Miranda rights violation for a suspect's statements?
• Misrepresentation may lead to rescission or damages for a material fact misrepresented; it may be made knowingly or negligently, with justifiable reliance; fraud requires intent to deceive or reckless disregard.
• Diversity jurisdiction exists when which conditions are satisfied?
• What defines 'in custody' for Miranda purposes?
• Some courts will not permit modification if the change was anticipatory or voluntary; other courts permit modification when the obligor acted in good faith. Which option best completes that comparison?