Hawaii Bar Examination (MBE — Multistate Bar Examination) — Questions and Answers

Question 1: A defendant in Hawaii is prosecuted for criminal conspiracy to commit theft. During the trial, the defendant introduces evidence that before the theft occurred, he called the police and informed them of the plan, leading to the arrest of his co-conspirators. Under the Hawaii Penal Code, what is the legal effect of the defendant's actions?

It is irrelevant to the conspiracy charge, as the crime was complete the moment the agreement was made with an overt act.
It provides a defense only if the defendant can prove he was coerced into the initial agreement.
It provides an affirmative defense to the conspiracy charge because the defendant gave a timely warning to law enforcement. (Correct answer)
It may be considered as a mitigating factor during sentencing, but it does not negate guilt for the conspiracy.

Correct answer: It provides an affirmative defense to the conspiracy charge because the defendant gave a timely warning to law enforcement.

Under Hawaii Revised Statutes § 705-530(3), it is an affirmative defense to a charge of criminal conspiracy that the defendant, under circumstances manifesting a voluntary and complete renunciation of their criminal intent, gave a timely warning to law-enforcement authorities or otherwise made a reasonable effort to prevent the commission of the crime.

Question 2: Under the Hawaii Rules of Evidence, which of the following is an example of judicial notice of an adjudicative fact?

A jury inferring guilt from silence
A court admitting a document without authentication
A judge deciding which expert is more credible
A court taking notice that Honolulu is in the State of Hawaii (Correct answer)

Correct answer: A court taking notice that Honolulu is in the State of Hawaii

Judicial notice under HRE Rule 201 applies to adjudicative facts not subject to reasonable dispute, such as the geographic location of well-known places.

Question 3: Under Hawaii law, when may a grandparent petition for visitation rights with a grandchild?

Only if the grandparent has been the child's primary caregiver for two years
Never — only parents have standing to seek visitation orders
When the child's parent is deceased, the parents are divorced, or the child has been separated from the grandparent, and visitation is in the child's best interest (Correct answer)
At any time, as a matter of right

Correct answer: When the child's parent is deceased, the parents are divorced, or the child has been separated from the grandparent, and visitation is in the child's best interest

Hawaii statutes allow grandparents to petition for visitation under specified circumstances, with the court granting visitation only if it is in the best interests of the child.

Question 4: A homeowner in Hilo hires a contractor to renovate their kitchen. The contract specifies that the contractor will install 'Brand X' granite countertops. The contractor, unable to source Brand X, installs 'Brand Y' granite countertops, which are of identical quality, color, and market value. The homeowner, however, is unhappy and declares a material breach. Which of the following is the most likely outcome in a Hawaii court?

The homeowner is entitled to specific performance, forcing the contractor to remove Brand Y and install Brand X.
The contract is voidable by the homeowner due to the contractor's unilateral deviation from the terms.
The contractor will be found to be in material breach and the homeowner can cancel the contract and sue for total damages.
The contractor's performance will likely be considered substantial performance, and the homeowner will only be entitled to damages for the minor deviation, if any. (Correct answer)

Correct answer: The contractor's performance will likely be considered substantial performance, and the homeowner will only be entitled to damages for the minor deviation, if any.

The doctrine of substantial performance applies when a party has performed the essential purpose of the contract, even if there is a minor deviation. A breach is only material if it defeats the purpose of the contract. Here, installing an identical quality and value countertop would likely be seen as substantial performance, not a material breach. The homeowner's remedy would be limited to any actual damages suffered from the deviation (which may be zero if the countertops are truly equivalent), not cancellation of the entire contract.

Question 5: What must a landlord provide to a tenant before entering into a lease agreement under Hawaii’s landlord-tenant code?

A written statement of the property’s tax assessment
A copy of the lease agreement and the landlord's contact information (Correct answer)
A detailed property inspection report
A certificate of occupancy

Correct answer: A copy of the lease agreement and the landlord's contact information

Hawaii's landlord-tenant code requires landlords to provide tenants with essential information before entering a lease agreement. This includes a complete copy of the written lease agreement and the landlord's contact information, ensuring transparency and enabling proper communication regarding the tenancy.

Question 6: In a Hawaii civil case, relevant evidence may be excluded under HRE Rule 403 if its probative value is substantially outweighed by:

The judge's personal opinion of its credibility
The opposing party's objection
The danger of unfair prejudice, confusion of the issues, or misleading the jury (Correct answer)
The cost of presenting it

Correct answer: The danger of unfair prejudice, confusion of the issues, or misleading the jury

HRE Rule 403 authorizes exclusion of relevant evidence when its probative value is substantially outweighed by the risk of unfair prejudice, confusion, or misleading the jury.

Question 7: A trustee in Kona manages a trust established for the benefit of a life beneficiary (who receives all income) and a remainderman (who will receive the principal after the life beneficiary's death). The trustee invests the entire trust principal in high-risk, high-growth stocks that produce very little income but have the potential for significant capital appreciation. Which fiduciary duty has the trustee most likely breached?

The duty to segregate assets, because the stocks are too risky.
The duty of loyalty, because the trustee is self-dealing.
The duty to inform, because the trustee did not get pre-approval for the investments.
The duty of impartiality, because the investment strategy heavily favors the remainderman over the life beneficiary. (Correct answer)

Correct answer: The duty of impartiality, because the investment strategy heavily favors the remainderman over the life beneficiary.

The duty of impartiality, codified in Hawaii under the Uniform Prudent Investor Act (HRS Chapter 554C), requires a trustee to act impartially in investing and managing trust assets, taking into account the differing interests of the beneficiaries. By investing solely for growth with little income, the trustee has favored the interest of the remainderman at the expense of the income beneficiary.

Question 8: Which of the following offenses in Hawaii is classified as a Class A felony?

Assault in the Third Degree
Burglary in the Second Degree
Kidnapping (Correct answer)
Theft in the First Degree

Correct answer: Kidnapping

Under the Hawaii Revised Statutes, offenses are graded into different classes of felonies, misdemeanors, and petty misdemeanors. Kidnapping (HRS § 707-720) is specifically designated as a Class A felony. Theft in the First Degree is typically a Class B felony (HRS § 708-830.5), Burglary in the Second Degree is a Class C felony (HRS § 708-811), and Assault in the Third Degree is a misdemeanor (HRS § 707-712).

Question 9: An 'accounting for profits' as an equitable remedy requires the defendant to:

Compensate the plaintiff for its own lost profits
Produce its financial records for the plaintiff's audit
Disgorge profits earned through wrongful conduct (Correct answer)
Pay punitive damages calculated as a multiple of defendant's revenue

Correct answer: Disgorge profits earned through wrongful conduct

An accounting for profits compels the wrongdoer to disgorge profits gained through wrongful conduct, focusing on stripping ill-gotten gains from the defendant rather than compensating the plaintiff's own losses.

Question 10: What is the purpose of probate in Hawaii?

To determine the validity of a will and oversee the distribution of assets (Correct answer)
To resolve disputes between heirs
To collect taxes on an estate
To manage the deceased's business interests

Correct answer: To determine the validity of a will and oversee the distribution of assets

The primary purpose of probate in Hawaii, as in other jurisdictions, is to legally validate a deceased person's will, if one exists, and to supervise the orderly distribution of their assets to heirs or beneficiaries. This process ensures that debts are paid, and property is transferred according to the will or state law.

Question 11: A witness's credibility in Hawaii may be attacked by evidence of which of the following?

The witness's national origin
The witness's prior civil litigation history
The witness's religious beliefs or lack thereof
A prior conviction for a crime involving dishonesty or false statement (crimen falsi) (Correct answer)

Correct answer: A prior conviction for a crime involving dishonesty or false statement (crimen falsi)

HRE Rule 609(a)(2) allows automatic admission of prior convictions for crimes involving dishonesty or false statement to impeach any witness.

Question 12: In Hawaii, which of the following actions requires a real estate license?

Managing rental properties for others (Correct answer)
Selling your own home
Offering legal advice on real estate transactions
Conducting home inspections

Correct answer: Managing rental properties for others

In Hawaii, engaging in real estate activities for compensation on behalf of others, such as managing rental properties, typically requires a real estate license. This is because these activities fall under the definition of real estate brokerage services, which are regulated to protect the public.

Question 13: A private university in Honolulu, which receives no state or federal funding, implements a new policy prohibiting all student protests on campus grounds to maintain order. A student group, dedicated to environmental advocacy, is prevented from holding a peaceful demonstration and sues the university, alleging a violation of their right to free speech under the Hawaii Constitution. What is the university's strongest defense?

The student group's speech constitutes a public nuisance.
The university's action is not 'state action' and therefore not subject to constitutional free speech limitations.
The university's interest in maintaining order outweighs the students' free speech rights.
The policy is a reasonable time, place, and manner restriction. (Correct answer)

Correct answer: The policy is a reasonable time, place, and manner restriction.

The university's strongest defense is the absence of 'state action'. Constitutional protections for individual rights, such as freedom of speech, generally apply only to government entities, not private actors. Since the university is a private institution that receives no government funding, its actions do not constitute state action, and it is therefore not bound by the free speech clauses of the U.S. or Hawaii Constitutions. While Hawaii courts have sometimes interpreted state action more broadly than federal courts, a wholly private university's regulation of its own property is unlikely to be deemed state action.

Question 14: The Hawaii state legislature enacts a statute that imposes a 20% excise tax on all liquor sold at wholesale. However, the statute exempts okolehao, a brandy distilled from the indigenous ti plant root, and pineapple wine, both of which are produced exclusively in Hawaii. A mainland U.S. liquor wholesaler challenges the statute in court. Which constitutional principle is the most likely basis for striking down this statute?

The Dormant Commerce Clause (Correct answer)
The Equal Protection Clause of the Fourteenth Amendment
The Privileges and Immunities Clause of Article IV
The Supremacy Clause

Correct answer: The Dormant Commerce Clause

The correct answer is the Dormant Commerce Clause. This legal doctrine prohibits states from passing legislation that discriminates against or excessively burdens interstate commerce. By exempting locally produced liquors, the Hawaii statute gives a direct commercial advantage to local businesses, which is a classic violation of the Dormant Commerce Clause. The Supreme Court case Bacchus Imports, Ltd. v. Dias, 468 U.S. 263 (1984), invalidated a similar Hawaiian tax scheme on these grounds.

Question 15: A defendant is on trial for assault in Hawaii. He claims that he acted in self-defense. What is the defendant's burden of proof regarding this defense?

The defendant must prove self-defense by a preponderance of the evidence.
The defendant must produce some credible evidence of self-defense, after which the prosecution must disprove it beyond a reasonable doubt. (Correct answer)
The defendant must prove self-defense beyond a reasonable doubt.
The defendant has no burden; the judge decides if the defense is plausible based on the initial police report.

Correct answer: The defendant must produce some credible evidence of self-defense, after which the prosecution must disprove it beyond a reasonable doubt.

Under the Hawaii Penal Code, justification defenses, such as self-defense (Use of Force in Self-Protection under HRS § 703-304), are not affirmative defenses. According to HRS § 703-301, justification is a defense. This means the defendant has the initial burden of producing some credible evidence to raise the issue. Once raised, the prosecution bears the burden of disproving the defense beyond a reasonable doubt.

Question 16: A contractor in Honolulu enters into a written agreement with a homeowner to build a new patio for $15,000. The written contract is a complete and final expression of their agreement. Before signing, the homeowner mentioned he wanted a specific type of expensive 'koa' wood, and the contractor verbally agreed. The final written contract, however, specifies 'pressure-treated pine'. When the contractor uses pine, the homeowner sues for breach, seeking to introduce evidence of the prior oral agreement. Under Hawaii law, which doctrine will likely prevent the homeowner from introducing this evidence?

The Statute of Frauds.
The doctrine of substantial performance.
The parol evidence rule. (Correct answer)
The doctrine of promissory estoppel.

Correct answer: The parol evidence rule.

The parol evidence rule in Hawaii prevents the admission of evidence of prior or contemporaneous negotiations and agreements that contradict, modify, or vary the contractual terms of a written contract when the written contract is intended to be a complete and final expression of the parties' agreement. Since the contract was a complete and final expression, the prior oral agreement about 'koa' wood is inadmissible to contradict the written term specifying 'pine'.

Question 17: Which article of the Hawaii State Constitution addresses the protection of natural resources and the environment?

Article IX
Article I
Article XI (Correct answer)
Article V

Correct answer: Article XI

Article XI of the Hawaii State Constitution is specifically dedicated to 'Conservation, Control and Development of Resources.' This article outlines the state's commitment to protecting and managing Hawaii's natural resources, including land, water, and air, for the benefit of present and future generations.

Question 18: In Hawaii, how can a will be contested during probate?

By filing a complaint with the executor
By submitting an anonymous letter to the court
By submitting a written challenge to the Circuit Court (Correct answer)
By refusing to accept the inheritance

Correct answer: By submitting a written challenge to the Circuit Court

To contest a will in Hawaii, an interested party must file a formal written challenge, often called a 'will contest' or 'petition to revoke probate,' with the Circuit Court. This legal action initiates a proceeding where the court will hear arguments regarding the will's validity, such as undue influence or lack of capacity.

Question 19: A widower in Hilo dies intestate, survived by his only son and his own mother. How will the widower's estate be distributed under Hawaii's laws of intestate succession?

His mother will inherit the entire estate.
His son will inherit the entire estate. (Correct answer)
The estate will be split equally between his son and his mother.
His mother will receive the first $200,000, plus three-fourths of the balance.

Correct answer: His son will inherit the entire estate.

According to Hawaii Revised Statutes (HRS) § 560:2-103, if a decedent has no surviving spouse, the entire intestate estate passes to the decedent's descendants. The mother (an ancestor) would only inherit if there were no surviving descendants.

Question 20: Which of the following is a duty that attorneys in Hawaii owe to their clients?

Duty to maximize profits
Duty to the court over the client
Duty to provide free services
Duty of confidentiality (Correct answer)

Correct answer: Duty of confidentiality

A fundamental duty attorneys owe to their clients in Hawaii, as governed by the Rules of Professional Conduct, is the duty of confidentiality. This requires attorneys to protect all information relating to the representation of a client, preventing its disclosure without the client's informed consent.

Question 21: In Hawaii, which of the following correctly describes the process for establishing paternity outside of marriage?

Paternity may be established by a voluntary acknowledgment signed by both parents or by a court order following genetic testing (Correct answer)
Paternity is automatically presumed when a man lives with a child for one year
Only a DNA test ordered by the family court can establish paternity
Paternity cannot be established for children born outside of marriage in Hawaii

Correct answer: Paternity may be established by a voluntary acknowledgment signed by both parents or by a court order following genetic testing

Hawaii allows paternity to be established voluntarily through a signed acknowledgment by both parents or involuntarily through a family court proceeding using genetic testing.

Question 22: Under Hawaii law, which of the following communications is protected by the marital privilege?

A statement made by one spouse to the other during a public argument
A confidential communication made between spouses during a valid marriage (Correct answer)
Any statement made in the presence of the couple's adult children
A business communication between spouses who work together

Correct answer: A confidential communication made between spouses during a valid marriage

The marital communications privilege protects confidential communications made between legally married spouses during the marriage.

Question 23: A software company on Kauai enters into a contract to provide custom software and ongoing technical support for a local hotel chain. The total contract price is $100,000, with the software valued at $80,000 and the support services at $20,000. A dispute arises over the warranty provisions. Which body of law will a Hawaii court most likely apply to this 'mixed' contract?

Common law because the contract includes services.
Both the UCC and common law will be applied proportionally to the different parts of the contract.
The Uniform Commercial Code (UCC) because the predominant purpose of the contract is the sale of goods. (Correct answer)
The Uniform Commercial Code (UCC) because the contract involves the sale of goods.

Correct answer: The Uniform Commercial Code (UCC) because the predominant purpose of the contract is the sale of goods.

For mixed contracts involving both goods and services, Hawaii courts, like most jurisdictions, apply the 'predominant purpose' test to determine whether the UCC or common law governs. The court will look at factors like the language of the contract, the nature of the business, and the relative value of the goods versus the services. Here, since the value of the software (a good) is $80,000, which is substantially more than the $20,000 for services, the predominant purpose is the sale of goods, making the UCC the governing law.

Question 24: Under the Hawaii Penal Code, which of the following states of mind (mens rea) describes a person who consciously disregards a substantial and unjustifiable risk that their conduct will cause a certain result?

Recklessly (Correct answer)
Knowingly
Negligently
Intentionally

Correct answer: Recklessly

The Hawaii Penal Code, mirroring the Model Penal Code, defines the 'recklessly' state of mind under HRS § 702-206(3). A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that a certain result will occur or that a certain circumstance exists. This is distinct from 'negligently,' where the person should be aware of the risk but is not.

Question 25: What does the Hawaii State Constitution say about the establishment of religion?

It allows the legislature to establish a religion
It requires public funding for religious institutions
It mandates the establishment of a state religion
It prohibits the establishment of religion (Correct answer)

Correct answer: It prohibits the establishment of religion

The Hawaii State Constitution includes provisions that mirror the Establishment Clause of the First Amendment to the U.S. Constitution. It explicitly prohibits the government from establishing or endorsing any religion, ensuring religious freedom and maintaining a separation between church and state.

Question 26: A plaintiff from Texas sues a defendant from Oklahoma in federal court for the District of Hawaii, alleging a breach of contract. The amount in controversy is $100,000. The defendant's only connection to Hawaii is that they operate a website that is accessible to residents of Hawaii and have sold products to ten Hawaiian residents over the past five years, none of which are related to the current lawsuit. The defendant files a motion to dismiss for lack of personal jurisdiction. Which of the following is the most likely outcome?

The court will grant the motion because the defendant's contacts with Hawaii are insufficient for general personal jurisdiction and the lawsuit does not arise from the defendant's contacts with the forum. (Correct answer)
The court will deny the motion because diversity jurisdiction is satisfied.
The court will deny the motion because the defendant has minimum contacts with Hawaii by selling products to its residents.
The court will grant the motion because venue is improper in the District of Hawaii.

Correct answer: The court will grant the motion because the defendant's contacts with Hawaii are insufficient for general personal jurisdiction and the lawsuit does not arise from the defendant's contacts with the forum.

The correct answer is that the motion will be granted. For a federal court to exert personal jurisdiction over a defendant, the defendant must have sufficient minimum contacts with the forum state such that the suit does not offend 'traditional notions of fair play and substantial justice.' This can be established through general jurisdiction (if the defendant's contacts are so 'continuous and systematic' as to render them essentially at home) or specific jurisdiction (if the lawsuit arises out of or relates to the defendant's contacts with the forum). Here, selling a few products unrelated to the lawsuit is not enough for general jurisdiction. Since the breach of contract claim does not arise from the defendant's website sales in Hawaii, specific jurisdiction is also lacking. While diversity jurisdiction (parties from different states and amount in controversy over $75,000) exists, it does not confer personal jurisdiction.

Question 27: Which of the following is required to create a valid deed in Hawaii?

Oral agreement between the parties
Recording the deed with the county recorder
Delivery and acceptance of the deed (Correct answer)
Notarization by both parties

Correct answer: Delivery and acceptance of the deed

For a deed to be valid and effectively transfer title in Hawaii, it must be delivered by the grantor with the intent to transfer ownership and accepted by the grantee. While recording is highly recommended for public notice and protection against subsequent claims, it is not a prerequisite for the deed's validity between the parties.

Question 28: In Hawaii, what is the effect of a "right of first refusal" clause in a real estate contract?

It prevents the property from being sold for a specific period.
It allows the tenant to purchase the property before the owner sells it to someone else. (Correct answer)
It obligates the buyer to sell the property back to the original owner.
It requires the tenant to renew the lease before it expires.

Correct answer: It allows the tenant to purchase the property before the owner sells it to someone else.

A 'right of first refusal' clause in a real estate contract grants a specific party, often a tenant, the option to match any bona fide offer made by a third party to purchase the property. This means the owner must offer the property to the holder of the right before selling it to anyone else, giving them the first opportunity to buy.

Question 29: Which of the following actions is considered professional misconduct for an attorney in Hawaii?

Accepting a case without a fee
Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation (Correct answer)
Declining a case due to lack of expertise
Advertising services on social media

Correct answer: Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation

Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation is explicitly defined as professional misconduct under Hawaii's Rules of Professional Conduct. Such actions violate the core ethical obligations of an attorney and can lead to severe disciplinary consequences, including disbarment.

Question 30: Which of the following agreements is required to be in writing to be enforceable under Hawaii's Statute of Frauds, as codified in Hawaii Revised Statutes § 656-1?

An agreement to lease a car for a term of six months.
An agreement for the sale of a custom-made surfboard for $450.
An agreement to cater a wedding that will take place in 18 months. (Correct answer)
An agreement to pay the debt of another person, made to the debtor.

Correct answer: An agreement to cater a wedding that will take place in 18 months.

Hawaii's Statute of Frauds, HRS § 656-1, requires certain types of contracts to be in writing. This includes any agreement that is not to be performed within one year from its making. An agreement to cater a wedding in 18 months cannot be completed within one year, and therefore must be in writing to be enforceable. Leases of goods (like a car) are governed by UCC Article 2A, and short-term leases do not typically require a writing. Contracts for the sale of goods under $500 are not covered by the UCC's statute of frauds. A promise to pay the debt of another (a suretyship promise) must be in writing, but this promise must be made to the creditor, not the debtor.

Question 31: Which court has jurisdiction over probate matters in Hawaii?

District Court
Circuit Court (Correct answer)
Probate Court
Family Court

Correct answer: Circuit Court

In Hawaii, the Circuit Courts have general jurisdiction over most civil and criminal matters, including probate cases. While some states have dedicated probate courts, Hawaii's judicial system assigns the responsibility for overseeing the administration of estates to its Circuit Courts.

Hawaii Bar Examination (MBE — Multistate Bar Examination)

The Hawaii Bar Examination tests knowledge of seven core areas of law through 200 multiple-choice questions on the Multistate Bar Examination (MBE), which counts for 50% of the total score alongside written components (MEE, MPT) and the Hawaii Legal Ethics Examination.

Questions

40 min

Time Limit

67%

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