Mixed Deck — All AR BAR Topics Flashcards

Under Arkansas criminal law, what constitutes 'serious physical injury' for enhancement purposes?

Answer: Physical injury that creates a substantial risk of death or causes permanent disfigurement or protracted loss of a body organ

Serious physical injury under Arkansas Code § 5-1-102 means injury creating a substantial risk of death or causing permanent disfigurement or protracted loss or impairment of a body part.

In Arkansas civil litigation, how many interrogatories may a party serve on another party without leave of court?

Answer: 25

Arkansas Rule of Civil Procedure 33 limits a party to 25 interrogatories, including subparts, without leave of court.

Under Arkansas double jeopardy protections, a defendant acquitted of a charge may NOT be:

Answer: Retried for the same offense in the same jurisdiction

The Double Jeopardy Clause bars retrial after acquittal for the same offense — an acquittal is final and unreviewable.

What is the primary purpose of the Arkansas IOLTA program?

Answer: To generate interest from pooled client funds for public legal services

The IOLTA (Interest on Lawyers' Trust Accounts) program pools interest from small client trust balances to fund civil legal aid and law-related public programs.

What is the minimum passing score required on the Uniform Bar Examination (UBE) in Arkansas?

Answer: 266

To successfully pass the Uniform Bar Examination (UBE) in Arkansas and be eligible for admission to the bar, applicants must achieve a minimum scaled score of 266. This composite score is derived from the weighted results of the MBE, MEE, and MPT components.

Strict liability for abnormally dangerous activities is imposed regardless of:

Answer: The degree of care exercised by the defendant

Strict liability for abnormally dangerous activities holds defendants liable regardless of the degree of care exercised, because the activity itself creates an unacceptable risk of harm.

In Arkansas, a defendant charged with a felony has the right to a jury trial composed of how many jurors?

Answer: 12

The Arkansas Constitution requires a 12-person jury for felony trials, and a unanimous verdict is required for conviction.

Under the Eighth Amendment, the death penalty may NOT be imposed on:

Answer: Intellectually disabled defendants or defendants who committed their crime as juveniles

The Supreme Court has held the Eighth Amendment prohibits imposing the death penalty on intellectually disabled individuals (Atkins) and juveniles (Roper).

What is the standard application deadline for the February administration of the Arkansas Bar Exam?

Answer: December 1

The standard application deadline for the February administration of the Arkansas Bar Exam is December 1 of the preceding year. This deadline is set by the Arkansas Supreme Court Committee on Professional Conduct to allow sufficient time for processing applications and conducting character and fitness investigations. Missing this date typically results in late fees or disqualification for that exam cycle.

The Arkansas Bar Exam follows the Uniform Bar Examination (UBE) format. Which of the following components is not part of the UBE?

Answer: Multistate Professional Responsibility Examination (MPRE)

The Arkansas Bar Exam follows the Uniform Bar Examination (UBE) format, which consists of the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and Multistate Performance Test (MPT). The Multistate Professional Responsibility Examination (MPRE) is a separate ethics exam required for admission but is not a component of the UBE itself.

Under Arkansas Rule 1.3, what duty does a lawyer owe a client regarding diligence?

Answer: Act with reasonable diligence and promptness in representing a client

Rule 1.3 requires a lawyer to act with reasonable diligence and promptness, avoiding neglect of client matters.

A manufacturing defect in a products liability case is best described as:

Answer: A specific product unit that deviates from the manufacturer's intended design

A manufacturing defect occurs when a specific product unit deviates from the manufacturer's intended design specifications, making that particular unit defective.

Under Arkansas Rule of Evidence 609, a prior felony conviction may be used to impeach a witness if:

Answer: The probative value of admitting the evidence outweighs its prejudicial effect to the defendant

Prior felony convictions are admissible for impeachment subject to the Rule 403 balancing test, with special protection for criminal defendants.

Under Arkansas Rule of Civil Procedure 65, a temporary restraining order (TRO) may be issued without notice to the opposing party if:

Answer: Immediate and irreparable injury will result before the adverse party can be heard

An ex parte TRO is available only when immediate and irreparable injury will occur before the opposing party can be given notice and an opportunity to be heard.

Under the Arkansas Constitution, how many members compose the Arkansas House of Representatives?

Answer: 100

The Arkansas House of Representatives has 100 members, each serving two-year terms.

Under Arkansas Rule of Evidence 501, attorney-client privilege in state civil proceedings is governed by:

Answer: Arkansas state law

In state court proceedings, privilege questions are governed by Arkansas state law, not federal common law.

Under Arkansas Rule of Evidence 801(d)(2), an admission by a party-opponent is defined as:

Answer: A statement offered against a party that is the party's own statement

A party admission under Rule 801(d)(2) is a statement made by the party and offered against that party — it is defined as non-hearsay.

In Arkansas, the parol evidence rule generally prevents introduction of prior oral agreements to:

Answer: Contradict the express terms of a fully integrated written contract

The parol evidence rule bars extrinsic evidence that contradicts the unambiguous terms of a fully integrated written contract.

Under Arkansas law, what mental state is required for criminal negligence?

Answer: Failing to perceive a substantial and unjustifiable risk when a reasonable person would have perceived it

Criminal negligence involves failing to perceive a substantial and unjustifiable risk that a reasonable person in the same circumstances would have perceived.

Under the Equal Protection Clause as applied in Arkansas, what standard of review applies to a law that classifies based on sex?

Answer: Intermediate scrutiny requiring exceedingly persuasive justification

Sex-based classifications under the Equal Protection Clause are subject to intermediate scrutiny, requiring the government to show the classification is substantially related to an important government interest.