Delaware Bar Examination — Questions and Answers

Question 1: Under Court of Chancery practice, what is a 'status quo order' most commonly used for?

Staying discovery pending a motion to dismiss
Freezing all assets of a defendant pending trial
Preserving existing corporate governance arrangements while an expedited dispute over control is litigated (Correct answer)
Preventing a party from filing additional lawsuits

Correct answer: Preserving existing corporate governance arrangements while an expedited dispute over control is litigated

Status quo orders in Chancery typically maintain the existing board and management structure during expedited corporate control disputes.

Question 2: Which of the following is protected by the First Amendment of the U.S. Constitution?

The right to bear arms.
Freedom of speech, religion, and the press. (Correct answer)
The right to privacy in one’s home.
The right to a speedy trial by jury.

Correct answer: Freedom of speech, religion, and the press.

The First Amendment to the U.S. Constitution is a critical component of the Bill of Rights, explicitly protecting several fundamental individual liberties. These include the freedom of speech, which allows individuals to express their opinions, the freedom of religion, ensuring the right to practice any faith or none, and the freedom of the press, safeguarding the media's ability to report without government censorship. These protections are essential for a democratic society.

Question 3: A state law requires all public school teachers to be U.S. citizens. A lawful permanent resident denied a teaching job challenges the law. The law is most likely:

Valid only if Congress has approved it
Invalid under the Privileges or Immunities Clause of the Fourteenth Amendment
Valid under the public function exception to strict scrutiny for alienage classifications (Correct answer)
Invalid because alienage classifications always receive strict scrutiny

Correct answer: Valid under the public function exception to strict scrutiny for alienage classifications

Under Ambach v. Norwick, teaching is a governmental function tied to democratic self-governance, so citizenship requirements receive only rational basis review.

Question 4: Which doctrine allows Delaware courts to admit evidence obtained in violation of the Fourth Amendment when officers reasonably relied on a defective warrant?

Plain view doctrine
Fruit of the poisonous tree
Good faith exception (Correct answer)
Inevitable discovery

Correct answer: Good faith exception

Under United States v. Leon, adopted in Delaware, evidence obtained pursuant to a defective warrant is admissible if officers acted in objective good faith reliance on it.

Question 5: When dividing marital property in a Delaware divorce, what role does marital misconduct such as adultery play?

None; the court divides property equitably without regard to marital misconduct (Correct answer)
It creates a presumption favoring the innocent spouse
It automatically forfeits the guilty spouse's share of the marital home
It shifts the division to a strict 50/50 split

Correct answer: None; the court divides property equitably without regard to marital misconduct

13 Del. C. § 1513 directs the court to divide marital property equitably after considering enumerated factors, expressly without regard to marital misconduct.

Question 6: In the Delaware Court of Chancery, what is the primary limitation on the court's subject matter jurisdiction?

It may only hear cases involving corporations incorporated in Delaware
It may only hear cases involving equitable claims or requests for equitable relief where there is no adequate remedy at law (Correct answer)
It may only hear appeals from the Superior Court
It may hear any civil case where damages exceed $50,000

Correct answer: It may only hear cases involving equitable claims or requests for equitable relief where there is no adequate remedy at law

The Court of Chancery is a court of equity with jurisdiction limited to equitable claims and equitable relief where no adequate remedy at law exists.

Question 7: A case is filed in Delaware Superior Court in Kent County, but the contract at issue was signed and performed entirely in New Castle County where all parties reside. What is the defendant's proper objection?

Removal to the Court of Common Pleas
A Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction
None based on county alone, because Superior Court venue lies statewide and objections go to forum convenience, not jurisdiction (Correct answer)
A motion to dismiss for lack of subject matter jurisdiction

Correct answer: None based on county alone, because Superior Court venue lies statewide and objections go to forum convenience, not jurisdiction

The Superior Court is a single statewide court, so filing in a different county raises at most a discretionary transfer issue, not a jurisdictional defect.

Question 8: Which plaintiff conduct supports an express assumption of risk defense?

Ignoring a doctor's advice after injury
Signing a valid liability waiver before skydiving (Correct answer)
Crossing the street carelessly
Failing to wear a seatbelt

Correct answer: Signing a valid liability waiver before skydiving

Express assumption of risk arises from an explicit agreement, such as a signed waiver, to relieve the defendant of liability.

Question 9: For a sister state judgment to receive full faith and credit, the rendering court must have had:

Personal jurisdiction over the defendant only
Authorization from a federal court
Both subject matter jurisdiction and personal jurisdiction (Correct answer)
Subject matter jurisdiction only

Correct answer: Both subject matter jurisdiction and personal jurisdiction

Full faith and credit requires that the rendering court had both subject matter jurisdiction over the dispute and personal jurisdiction over the defendant; a deficiency in either defeats the obligation to recognize the judgment.

Question 10: A plaintiff in Delaware Superior Court wants to voluntarily dismiss the action after the defendant has answered. Under Rule 41(a), what is required?

A stipulation signed by all parties or a court order (Correct answer)
Payment of the defendant's attorney fees
Leave of the Delaware Supreme Court
Simply filing a notice of dismissal

Correct answer: A stipulation signed by all parties or a court order

After an answer or summary judgment motion is filed, voluntary dismissal requires either a stipulation of all parties or court approval under Rule 41(a).

Question 11: In Delaware, a plaintiff seeking a preliminary injunction in the Court of Chancery must demonstrate which combination of elements?

Reasonable probability of success on the merits, imminent irreparable harm, and a balance of equities favoring relief (Correct answer)
Only irreparable harm, since the merits are reserved for trial
A unanimous vote of the board of directors authorizing the suit
Certainty of success on the merits and monetary damages exceeding $100,000

Correct answer: Reasonable probability of success on the merits, imminent irreparable harm, and a balance of equities favoring relief

Chancery requires a reasonable probability of merits success, a threat of imminent irreparable injury, and that the balance of hardships tips in the movant's favor.

Question 12: Under Delaware law, when does an appeal to the Delaware Supreme Court from a final Superior Court judgment generally have to be filed?

Within 60 days after entry of the judgment
Within 10 days after entry of the judgment
Within 90 days after entry of the judgment
Within 30 days after entry of the judgment (Correct answer)

Correct answer: Within 30 days after entry of the judgment

Supreme Court Rule 6 requires a notice of appeal in civil cases to be filed within 30 days after entry of the judgment, and the deadline is jurisdictional.

Question 13: Under the Delaware General Corporation Law (DGCL), what is the default standard of judicial review for decisions made by a corporation's board of directors?

Business judgment rule (Correct answer)
Strict liability
Enhanced scrutiny
Entire fairness

Correct answer: Business judgment rule

Under the DGCL, courts apply the business judgment rule, presuming directors acted on an informed basis, in good faith, and in the honest belief the action was in the corporation's best interests.

Question 14: A liquidated damages clause sets damages at an amount grossly disproportionate to any anticipated or actual harm. How will a court treat the clause?

Strike it as an unenforceable penalty and award actual damages (Correct answer)
Double it as punitive relief
Enforce it because parties are free to contract
Enforce it only against merchants

Correct answer: Strike it as an unenforceable penalty and award actual damages

Liquidated damages must be a reasonable forecast of harm that is difficult to estimate; a grossly disproportionate sum is a void penalty.

Question 15: In a Delaware medical negligence action, an affidavit of merit signed by a qualified expert is generally required:

At the time the complaint is filed (Correct answer)
Only in wrongful death cases
Only if the defendant demands one
After discovery closes

Correct answer: At the time the complaint is filed

18 Del. C. § 6853 requires most medical negligence complaints to be accompanied by an expert's affidavit of merit.

Question 16: Under Delaware FOIA, a citizen denied access to public records may first seek review by:

Filing directly in the U.S. District Court
Petitioning the Attorney General for an opinion on whether a violation occurred (Correct answer)
Requesting a legislative override
Complaining to the Registrar of Regulations

Correct answer: Petitioning the Attorney General for an opinion on whether a violation occurred

Delaware FOIA allows aggrieved citizens to petition the Attorney General for a determination before or instead of suing.

Question 17: What is the mailbox rule in contract law?

An acceptance is effective when dispatched by the offeree, not when received by the offeror (Correct answer)
All contract communications must be in writing
Contracts must be mailed to be valid
An offer expires when placed in the mailbox

Correct answer: An acceptance is effective when dispatched by the offeree, not when received by the offeror

The mailbox rule provides that an acceptance becomes effective at the moment of dispatch (when mailed), creating a contract even before the offeror receives it.

Question 18: A social guest injured by a hidden defect in a Delaware home is classified at common law as which type of entrant?

Business visitor
Invitee
Trespasser
Licensee (Correct answer)

Correct answer: Licensee

Social guests are licensees, owed a duty to warn of known hidden dangers but not a duty of reasonable inspection.

Question 19: What is a no-fault ground for divorce in Delaware?

One party has engaged in fraudulent activities related to financial matters.
One party has committed a criminal offense punishable by imprisonment.
The parties have been living separately and apart for a period of at least six months. (Correct answer)
One party has been diagnosed with a mental illness that renders them incapable of continuing the marriage.

Correct answer: The parties have been living separately and apart for a period of at least six months.

Delaware law provides for both fault and no-fault grounds for divorce. A common no-fault ground is the voluntary separation of the parties for a continuous period of at least six months, indicating an irreconcilable breakdown of the marriage. This allows couples to divorce without having to prove specific marital misconduct by either party.

Question 20: A Delaware board deliberates a disciplinary case over private email among a quorum of members to avoid a public meeting. This most likely violates:

The open meeting requirements of Delaware FOIA (Correct answer)
The Delaware Rules of Evidence
The Speech or Debate Clause
The Rules Enabling Act

Correct answer: The open meeting requirements of Delaware FOIA

A quorum conducting public business through serial private communications can constitute an unlawful closed meeting under Delaware FOIA.

Question 21: A state taxes out-of-state milk producers at a higher rate than in-state producers to protect local dairies. Absent congressional authorization, the tax is:

Valid under the state's police power over health
Invalid as facial discrimination against interstate commerce (Correct answer)
Invalid only if the burden on commerce is clearly excessive under Pike balancing
Valid because taxes are reviewed only for rational basis

Correct answer: Invalid as facial discrimination against interstate commerce

A facially discriminatory tax that economically protects in-state interests is virtually per se invalid under the dormant Commerce Clause.

Question 22: Under the MFW framework, what dual procedural requirements can shift entire fairness review to the business judgment rule in a controller squeeze-out?

Special committee approval and majority-of-the-minority shareholder vote (Correct answer)
Board approval and supermajority shareholder vote
Judicial pre-approval and full disclosure
Fairness opinion and unanimous board vote

Correct answer: Special committee approval and majority-of-the-minority shareholder vote

Under Kahn v. M&F Worldwide, a controlling shareholder transaction conditioned from the outset on both a fully empowered special committee and a majority-of-the-minority vote may be reviewed under the business judgment rule.

Question 23: A state amends its constitution to bar any local government from enacting anti-discrimination protections for gay and lesbian residents. Under Romer v. Evans, the amendment is:

Valid because sexual orientation receives only rational basis review
Invalid because sexual orientation is a suspect classification
Valid as an exercise of the state's plenary power over municipalities
Invalid because it fails even rational basis review, resting on bare animus (Correct answer)

Correct answer: Invalid because it fails even rational basis review, resting on bare animus

Romer held that a sweeping disability imposed on a single group, explicable only by animus, lacks a rational relationship to any legitimate purpose.

Question 24: A debtor uses a tractor 90% of the time on the family farm and 10% for personal errands. For Article 9 classification purposes, the tractor is best classified as what type of collateral?

Inventory
Farm products
Consumer goods
Equipment (Correct answer)

Correct answer: Equipment

Goods used primarily in a business or farming operation are equipment, and classification depends on the debtor's principal use of the collateral.

Question 25: What is the concept of federalism in the context of the U.S. Constitution?

The authority of the federal government to override state laws.
The distribution of power between the federal government and the state governments. (Correct answer)
The process by which states can create their own constitutions.
The centralization of all governmental powers in the federal government.

Correct answer: The distribution of power between the federal government and the state governments.

Federalism is a core principle of the U.S. Constitution, establishing a system where governmental power is divided and shared between a central (federal) government and regional (state) governments. This division allows states to retain significant autonomy over local matters while the federal government handles national concerns. It creates a balance, preventing excessive centralization of power and allowing for diverse state policies.

Question 26: A seller repudiates a contract for the sale of widgets before the delivery date. Which remedy is NOT available to the buyer under the UCC?

Specific performance if the goods are unique
Cover by purchasing substitute goods and recovering the difference
Punitive damages for the repudiation (Correct answer)
Market-price damages measured when the buyer learned of the breach

Correct answer: Punitive damages for the repudiation

Punitive damages are generally unavailable for breach of contract, while cover, market damages, and specific performance for unique goods are all UCC remedies.

Question 27: A husband in Delaware is presumed to be the father of a child in which circumstance?

The child is born at any time while he and the mother live in the same county
Only after genetic testing confirms paternity
Only if he signs an acknowledgment of paternity at the hospital
The child is born during his marriage to the mother or within 300 days after the marriage ends (Correct answer)

Correct answer: The child is born during his marriage to the mother or within 300 days after the marriage ends

Under Delaware's Uniform Parentage Act, a man is presumed the father of a child born during his marriage to the mother or within 300 days after the marriage terminates.

Question 28: Congress passes a statute requiring state legislatures to enact regulations for disposing of radioactive waste or take title to the waste. The statute is best challenged under which doctrine?

The anti-commandeering doctrine of the Tenth Amendment (Correct answer)
The Privileges and Immunities Clause of Article IV
The nondelegation doctrine
The dormant Commerce Clause

Correct answer: The anti-commandeering doctrine of the Tenth Amendment

Under New York v. United States, Congress may not commandeer state legislatures by compelling them to enact or administer a federal regulatory program.

Question 29: What is assumption of risk as a defense to negligence?

Insurance companies assume all risk in negligence claims
The plaintiff knowingly and voluntarily encountered a known risk, potentially barring recovery (Correct answer)
The court assumes risk allocation between parties
The defendant assumed the risk of being sued

Correct answer: The plaintiff knowingly and voluntarily encountered a known risk, potentially barring recovery

Assumption of risk applies when the plaintiff was aware of a specific danger and voluntarily chose to encounter it, which may reduce or eliminate the defendant's liability.

Question 30: A judgment creditor becomes a lien creditor by levying on a debtor's equipment on March 1. A secured lender had filed a financing statement on February 1 and gave value, but the security agreement was not authenticated until March 15. Who has priority?

The lien creditor, because the security interest was unperfected at the time of the levy and the 9-317(a)(2) filing-plus-agreement condition was not met (Correct answer)
The secured lender, because attachment relates back to the filing date
The lien creditor, but only if it had no knowledge of the filing
The secured lender, because it filed first

Correct answer: The lien creditor, because the security interest was unperfected at the time of the levy and the 9-317(a)(2) filing-plus-agreement condition was not met

Under UCC 9-317(a)(2), a lien creditor defeats a security interest unless before the levy the interest was perfected or a financing statement was filed and the debtor had authenticated a security agreement, and here the agreement came too late.

Question 31: Under Delaware's compulsory counterclaim rule, what happens if a defendant fails to assert a claim arising out of the same transaction as the plaintiff's claim?

The claim may be freely filed as a new lawsuit at any time
The claim converts into a cross-claim automatically
The claim is generally barred from being raised in a later action (Correct answer)
The court must sever the claim for separate trial

Correct answer: The claim is generally barred from being raised in a later action

Under Rule 13(a), a compulsory counterclaim not pleaded is generally waived and barred in subsequent litigation.

Question 32: Under Delaware law, which party bears the burden of proof on an affirmative defense such as self-defense?

No burden shifts; the prosecution must disprove all defenses
The defendant must prove it by a preponderance of the evidence
The prosecution must disprove it beyond a reasonable doubt (Correct answer)
The defendant must prove it by clear and convincing evidence

Correct answer: The prosecution must disprove it beyond a reasonable doubt

Once a defendant raises self-defense with sufficient evidence, the prosecution bears the burden of disproving it beyond a reasonable doubt in Delaware.

Delaware Bar Examination

The Delaware Bar Examination tests candidates on multistate and Delaware-specific legal subjects across civil procedure, constitutional law, contracts, criminal law, evidence, real property, torts, business organizations, conflict of laws, and professional responsibility. Delaware has not adopted the UBE and administers its own unique 2.5-day examination annually.

Questions

40 min

Time Limit

73%

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