Bar Exam Rule Statements Practice Test

These questions are part of the practice quiz. Start practicing

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