Louisiana Bar Examination — Questions and Answers

Question 1: Under Louisiana law, a lawful arrest is required to be based on:

Proof beyond a reasonable doubt
Probable cause (Correct answer)
Reasonable suspicion
Mere suspicion

Correct answer: Probable cause

A lawful arrest requires probable cause to believe the person committed a crime.

Question 2: Under La. Civil Code art. 113, interim periodic spousal support pending a divorce action may be awarded:

Only during the first six months after the spouses separate
Only to the spouse who did not cause the breakdown of the marriage
Only when the marriage lasted more than ten years
To either spouse who lacks sufficient income for maintenance, based on need (Correct answer)

Correct answer: To either spouse who lacks sufficient income for maintenance, based on need

Interim support under art. 113 is available to any spouse lacking sufficient income for maintenance pending litigation, without a fault requirement.

Question 3: An LLC operating agreement in Louisiana may validly:

Restrict or condition the transfer of membership interests to third parties (Correct answer)
Override Louisiana Secretary of State regulations regarding annual filings
Grant members unlimited personal liability for all LLC debts
Eliminate all fiduciary duties owed by managers to members

Correct answer: Restrict or condition the transfer of membership interests to third parties

A Louisiana LLC operating agreement may restrict or condition the transfer of membership interests, giving existing members control over who may join the LLC as a new member.

Question 4: Under La. R.S. 9:344, grandparents may seek visitation rights with a grandchild when:

The grandparents have served as the child's primary caretaker for at least one continuous year
Both parents affirmatively consent to the visitation arrangement
The family unit is disrupted by death, divorce, or legal separation and visitation is in the child's best interest (Correct answer)
The parents are found by a court to be unfit, terminating their parental rights

Correct answer: The family unit is disrupted by death, divorce, or legal separation and visitation is in the child's best interest

La. R.S. 9:344 permits grandparents to petition for visitation when the family is disrupted through death, divorce, or separation, subject to the best interest standard.

Question 5: Attorney Park is disciplined by the Louisiana Supreme Court with a two-year suspension. Under the Louisiana Rules, Park must:

Immediately notify all current clients, opposing counsel, and courts of the suspension (Correct answer)
Notify only new clients going forward but may complete current matters
Notify the Louisiana State Bar Association and take no other action
Only notify clients whose matters will be affected within 30 days

Correct answer: Immediately notify all current clients, opposing counsel, and courts of the suspension

A suspended attorney must promptly notify all current clients, co-counsel, opposing counsel, and tribunals of the suspension to protect client interests.

Question 6: Police stop a car for a broken tail light and, during the stop, notice marijuana in plain view on the passenger seat. The search of the entire vehicle without a warrant is:

Constitutional only if the driver consents
Unconstitutional because only a traffic citation was authorized
Unconstitutional because the stop was pretextual
Constitutional under the plain view doctrine and the automobile exception (Correct answer)

Correct answer: Constitutional under the plain view doctrine and the automobile exception

The plain view doctrine and the automobile exception together allow officers to search a vehicle without a warrant when contraband is in plain view.

Question 7: What is the Rule Against Perpetuities?

A rule requiring that future interests must vest within a life in being plus 21 years (Correct answer)
A rule against multiple mortgages on one property
A rule preventing property from being sold more than once
A rule that limits lease terms to 99 years

Correct answer: A rule requiring that future interests must vest within a life in being plus 21 years

The Rule Against Perpetuities invalidates future interests that might not vest within 21 years after the death of a measuring life in being at the creation of the interest.

Question 8: What is the primary purpose of the requirement that agencies publish proposed rules in the Louisiana Register before they become effective?

To obtain the governor's pre-approval
To notify competing agencies of the proposed change
To allow courts to review them before enactment
To provide public notice and opportunity for comment (Correct answer)

Correct answer: To provide public notice and opportunity for comment

Publication in the Louisiana Register ensures public notice so that affected parties may submit comments before the rule is finalized.

Question 9: Under Louisiana law, which sentence is required for a conviction of first degree murder?

A minimum of 25 years
Life imprisonment with the possibility of parole after 40 years
Life imprisonment without parole or death (Correct answer)
A maximum of 99 years with possibility of parole

Correct answer: Life imprisonment without parole or death

Louisiana law mandates either death or life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence for first degree murder.

Question 10: Under LRPC 3.3(a)(2), a lawyer's duty of candor to the tribunal requires the lawyer to:

Inform the court of factual weaknesses in the client's case
Only cite legal authority that supports the client's position
Disclose directly adverse controlling authority in the jurisdiction that opposing counsel has not cited (Correct answer)
Disclose all unfavorable legal authority regardless of whether opposing counsel cites it

Correct answer: Disclose directly adverse controlling authority in the jurisdiction that opposing counsel has not cited

LRPC 3.3(a)(2) requires disclosure of directly adverse controlling legal authority in the governing jurisdiction that opposing counsel has not cited.

Question 11: Under Louisiana's child support guidelines, the basic child support obligation is calculated based on:

The child's standard of living at the time the parents separated
The combined adjusted gross income of both parents (Correct answer)
The non-custodial parent's net income alone
The custodial parent's demonstrated monthly expenses for the child

Correct answer: The combined adjusted gross income of both parents

Louisiana uses an income shares model under La. R.S. 9:315, which bases child support on the combined adjusted gross income of both parents.

Question 12: A professional corporation (PC) formed by licensed professionals in Louisiana differs from a regular corporation primarily because:

A PC provides complete liability protection identical to a regular corporation, including for malpractice claims
Shareholders of a PC remain personally liable for their own professional malpractice, though not for other shareholders' malpractice (Correct answer)
A PC requires all shareholders to hold identical professional licenses
A PC must be structured as a partnership for Louisiana tax purposes

Correct answer: Shareholders of a PC remain personally liable for their own professional malpractice, though not for other shareholders' malpractice

In a Louisiana professional corporation, shareholders are shielded from general business debts but remain personally liable for their own acts of professional malpractice.

Question 13: The 'fruit of the poisonous tree' doctrine in Louisiana requires exclusion of:

All evidence discovered after any unlawful governmental action in an investigation, with no exceptions
Evidence derived from an unconstitutional search or seizure, unless an exception such as attenuation, independent source, or inevitable discovery applies (Correct answer)
Only physical evidence directly seized during an unlawful search, not derivative witness testimony
Evidence under this doctrine only in federal court; Louisiana state courts do not apply it

Correct answer: Evidence derived from an unconstitutional search or seizure, unless an exception such as attenuation, independent source, or inevitable discovery applies

The fruit of the poisonous tree doctrine extends exclusion to derivative evidence, but recognized exceptions that purge the taint—attenuation, independent source, inevitable discovery—can save the evidence.

Question 14: Under Louisiana law, which of the following is NOT a recognized justification defense?

Defense of self against imminent unlawful force
Defense of property with deadly force to prevent a misdemeanor theft (Correct answer)
Defense of others
Law enforcement officer using reasonable force to effect a lawful arrest

Correct answer: Defense of property with deadly force to prevent a misdemeanor theft

Louisiana does not permit the use of deadly force solely to protect property from a misdemeanor theft; deadly force requires a threat to persons.

Question 15: Under Article 9, a 'true consignment' (goods delivered to a merchant to sell on the owner's behalf) is treated as:

A bailment subject only to common law bailee obligations
A secured transaction, requiring the consignor to perfect a security interest to protect against the consignee's creditors (Correct answer)
A sale with a right of return, which automatically transfers title to the consignee
A pure agency relationship outside the scope of Article 9

Correct answer: A secured transaction, requiring the consignor to perfect a security interest to protect against the consignee's creditors

UCC 9-109(a)(4) brings qualifying consignments within Article 9, treating the consignor as a secured party who must perfect to have priority over the consignee's creditors.

Question 16: Under Revised Article 9, which is the ONLY method to perfect a security interest in a deposit account when it is taken as original collateral?

Control of the deposit account (Correct answer)
Written notification to the depositary bank
Possession of account documents or passbooks
Filing a financing statement

Correct answer: Control of the deposit account

UCC 9-312(b)(1) provides that a security interest in a deposit account as original collateral may only be perfected by control, not by filing or any other method.

Question 17: Under LRPC 1.6, an attorney MAY disclose confidential client information without consent to:

Impress a potential client with the attorney's skill
Satisfy curiosity expressed by a judge at a social event
Benefit the attorney's financial interests in a business deal
Prevent reasonably certain death or substantial bodily harm (Correct answer)

Correct answer: Prevent reasonably certain death or substantial bodily harm

LRPC 1.6(b)(1) permits disclosure to prevent reasonably certain death or substantial bodily harm.

Question 18: Under Louisiana law, acquisitive prescription of an immovable without just title or good faith requires possession for:

30 years (Correct answer)
20 years
40 years
10 years

Correct answer: 30 years

La. C.C. art. 3486 provides that an immovable may be acquired by prescription of 30 years without just title or good faith.

Question 19: An attorney learns during representation that her client intends to commit perjury at trial. Under the Louisiana Rules of Professional Conduct, what must the attorney do if the client refuses to correct the false testimony?

Notify opposing counsel of the client's intent
Disclose the false testimony to the tribunal if necessary (Correct answer)
Withdraw from representation immediately without disclosure
Proceed with the case and say nothing to protect client confidentiality

Correct answer: Disclose the false testimony to the tribunal if necessary

Under LRPC 3.3, a lawyer must take remedial measures including disclosure to the tribunal if necessary when a client has offered false evidence and refuses to correct it.

Question 20: When may character evidence be used to prove conduct?

Character evidence is never admissible in any case
Only the prosecution may introduce character evidence
Character evidence is always admissible to prove conduct
In criminal cases, the defendant may offer evidence of pertinent good character traits (Correct answer)

Correct answer: In criminal cases, the defendant may offer evidence of pertinent good character traits

In criminal cases, the defendant may offer evidence of relevant good character traits. The prosecution cannot initiate character evidence but may rebut once the defendant opens the door.

Question 21: In Louisiana, a defendant's voluntary, knowing, and intelligent waiver of Miranda rights means that any subsequent confession is:

Admissible, but only after a suppression hearing
Admissible so long as it is corroborated by other evidence
Generally admissible as a voluntary statement (Correct answer)
Inadmissible if the defendant later claims he did not fully understand his rights

Correct answer: Generally admissible as a voluntary statement

A properly obtained Miranda waiver renders a resulting confession generally admissible; subsequent recantation does not automatically exclude it.

Question 22: Under LRPC 5.5, a lawyer not admitted in Louisiana may provide temporary legal services in Louisiana if:

The services are authorized by federal law or the lawyer associates with a Louisiana-licensed attorney (Correct answer)
The lawyer is admitted in any U.S. jurisdiction
The opposing party consents to the representation
The lawyer obtains a 30-day temporary practice permit from the Louisiana State Bar

Correct answer: The services are authorized by federal law or the lawyer associates with a Louisiana-licensed attorney

LRPC 5.5(c) permits temporary multijurisdictional practice when authorized by federal law or when the out-of-state lawyer associates with a locally admitted attorney who actively participates.

Question 23: Under the Double Jeopardy Clause of the Fifth Amendment, jeopardy attaches in a jury trial at:

When the first witness is sworn in
When the jury is sworn in (Correct answer)
The filing of the indictment
When the jury returns its verdict

Correct answer: When the jury is sworn in

In a jury trial, jeopardy attaches when the jury is empaneled and sworn, protecting the defendant against subsequent prosecution for the same offense.

Question 24: Under Louisiana Civil Code, which type of obligation allows the obligor to choose between two or more equally due performances?

Alternative obligation (Correct answer)
Facultative obligation
Conjunctive obligation
Solidary obligation

Correct answer: Alternative obligation

An alternative obligation gives the obligor the right to choose one of two or more performances, each of which is separately due.

Question 25: In Louisiana civil proceedings, a plaintiff must typically establish their claims by:

Clear and convincing evidence
A preponderance of the evidence (Correct answer)
Beyond a reasonable doubt
Substantial evidence

Correct answer: A preponderance of the evidence

The default burden of proof in Louisiana civil cases is a preponderance of the evidence—more likely true than not true.

Question 26: Which of the following most accurately distinguishes a Louisiana covenant marriage from a standard Louisiana marriage?

Covenant marriage requires pre-marital counseling and restricts divorce to enumerated fault grounds or long separation (Correct answer)
Covenant marriage mandates a community property regime; standard marriage allows spouses to opt out
Covenant marriage has a mandatory one-year waiting period before it becomes legally effective
Covenant marriage remains legally unrecognized by civil courts and is only binding in religious institutions

Correct answer: Covenant marriage requires pre-marital counseling and restricts divorce to enumerated fault grounds or long separation

Under La. R.S. 9:272, covenant marriage requires mandatory pre-marital counseling and limits divorce grounds to specific fault-based events or a two-year separation.

Question 27: Defendant is charged with felony murder after his accomplice killed a store clerk during a robbery. Defendant was waiting outside as the getaway driver. Under Louisiana law, the defendant is:

Guilty only of robbery, not murder
Guilty only if he knew in advance that a killing might occur
Guilty of felony murder as a principal to the underlying felony (Correct answer)
Not guilty because he did not personally kill anyone

Correct answer: Guilty of felony murder as a principal to the underlying felony

Under Louisiana's felony murder rule, all principals to the underlying felony are liable for deaths that result, even if they did not personally commit the killing.

Question 28: A possessor is in 'bad faith' for acquisitive prescription purposes under Louisiana law when:

The possessor constructs improvements without obtaining building permits
The possessor entered the property initially without express permission from the owner
The possessor fails to record the claim in the conveyance records
The possessor knows or should know at the commencement of possession that they are not the owner (Correct answer)

Correct answer: The possessor knows or should know at the commencement of possession that they are not the owner

La. C.C. art. 3481 defines bad faith as actual or constructive knowledge at the time possession begins that one is not the owner.

Question 29: Under Louisiana Civil Code, the seller's warranty against eviction protects the buyer from:

Physical defects in the thing sold
Boundary disputes with neighboring landowners
Depreciation in market value after the sale
Loss of possession due to a third party's superior right to the thing (Correct answer)

Correct answer: Loss of possession due to a third party's superior right to the thing

The warranty against eviction under Louisiana Civil Code Art. 2500 protects the buyer against loss of the thing due to a third party's pre-existing right or claim.

Question 30: Under Louisiana law, which standard governs the insanity defense?

Irresistible impulse test only
Either M'Naghten or irresistible impulse (Correct answer)
Model Penal Code substantial capacity test
M'Naghten test only

Correct answer: Either M'Naghten or irresistible impulse

Louisiana uses both the M'Naghten test and the irresistible impulse test, either of which can establish legal insanity.

Question 31: Under Louisiana Code of Evidence Article 412, evidence of an alleged sexual assault victim's past sexual behavior may be admitted when:

The defendant asserts consent as an affirmative defense to the charged offense
It is offered to prove the source of physical evidence such as semen or injury, or to show prior consensual acts between the victim and the accused (Correct answer)
The prosecution first introduces evidence of the victim's sexual reputation
The trial court finds after a hearing that probative value exceeds prejudicial effect

Correct answer: It is offered to prove the source of physical evidence such as semen or injury, or to show prior consensual acts between the victim and the accused

Article 412 permits past sexual behavior evidence only in specific situations, including to explain physical evidence or establish prior sexual conduct between the parties.

Question 32: Under Louisiana law, when can a person use deadly force in self-defense?

Only when inside their home.
When threatened with death or serious bodily harm and is in a place where they have a right to be. (Correct answer)
Only when facing an armed intruder.
When the threat is imminent and they cannot safely retreat.

Correct answer: When threatened with death or serious bodily harm and is in a place where they have a right to be.

Louisiana law, specifically R.S. 14:20, permits the use of deadly force in self-defense when a person reasonably believes they are in imminent danger of receiving great bodily harm or death. Furthermore, Louisiana has a "stand your ground" provision, meaning there is no duty to retreat if the person is lawfully in the place where the confrontation occurs. This right extends beyond the confines of one's home.

Question 33: Under the inevitable discovery doctrine, unlawfully obtained evidence may be admitted at trial if:

The evidence would have been discovered through independent, lawful means (Correct answer)
A second search warrant was subsequently obtained
The officer acted in good faith reliance on a warrant
The defendant consented to the search after the fact

Correct answer: The evidence would have been discovered through independent, lawful means

The inevitable discovery doctrine allows admission of illegally obtained evidence if the prosecution proves it would have been discovered through legal means.

Question 34: Under Louisiana law, a limited liability company (LLC) primarily offers which protection to its members?

Limited liability, shielding members from personal responsibility for LLC obligations (Correct answer)
Unlimited personal liability for all business debts incurred by the LLC
Liability proportional to each member's percentage of ownership
Personal liability only for torts committed directly by the member

Correct answer: Limited liability, shielding members from personal responsibility for LLC obligations

An LLC provides members with limited liability, meaning members are generally not personally responsible for the debts and obligations of the LLC beyond their investment.

Question 35: Under Louisiana law, the exclusionary rule in a criminal case generally requires suppression of evidence obtained:

In violation of the defendant's constitutional rights, unless a recognized exception such as inevitable discovery or good faith applies (Correct answer)
Without a warrant, even when exigent circumstances were present at the time of the search
By government agents who failed to strictly follow departmental standard operating procedures
Through any act of police misconduct, regardless of severity or causal connection to the evidence

Correct answer: In violation of the defendant's constitutional rights, unless a recognized exception such as inevitable discovery or good faith applies

Louisiana applies the Fourth Amendment exclusionary rule but recognizes exceptions including good faith, inevitable discovery, and independent source that can save otherwise tainted evidence.

Question 36: Which of the following contracts under Louisiana law must be in writing to be enforceable?

A month-to-month lease of a movable
A contract for the sale of movables worth $500
A contract for the sale of immovable property (Correct answer)
A services contract for exactly six months

Correct answer: A contract for the sale of immovable property

La. CC Art. 1839 requires that a transfer of immovable property be in writing; oral sales of immovables are unenforceable.

Question 37: A PMSI in equipment (goods other than inventory) takes priority over a conflicting earlier-perfected security interest if the PMSI is perfected:

Within 30 days after the debtor receives the equipment
At any point before the debtor defaults
Before the debtor executes the security agreement
When the debtor receives possession of the equipment or within 20 days thereafter (Correct answer)

Correct answer: When the debtor receives possession of the equipment or within 20 days thereafter

UCC 9-324(a) grants PMSI super-priority in non-inventory goods if the PMSI is perfected when the debtor receives possession or within 20 days after the debtor receives delivery.

Question 38: The Takings Clause of the Fifth Amendment requires just compensation when the government takes private property. A regulation that denies an owner all economically beneficial use of land is characterized as:

A valid exercise of police power requiring no compensation
A per se regulatory taking requiring just compensation (Correct answer)
A temporary taking subject only to nominal compensation
A partial taking evaluated under the Penn Central balancing test

Correct answer: A per se regulatory taking requiring just compensation

Under Lucas v. South Carolina Coastal Council, a regulation that destroys all economic value of property constitutes a per se taking requiring just compensation under the Fifth Amendment.

Question 39: According to Louisiana law, which of the following best describes the principle of double jeopardy?

A person can be tried for the same offense by both state and federal courts.
A person can be retried for the same offense after a mistrial.
A person can be retried for the same offense if new evidence emerges.
A person cannot be tried again for the same offense after acquittal or conviction. (Correct answer)

Correct answer: A person cannot be tried again for the same offense after acquittal or conviction.

The principle of double jeopardy, protected by the Fifth Amendment to the U.S. Constitution and Louisiana law, prevents a person from being tried again for the same offense after an acquittal or conviction. This fundamental right ensures that individuals are not subjected to repeated prosecutions by the same sovereign for the same alleged crime. Exceptions exist, such as a retrial after a hung jury or when different sovereigns (e.g., state and federal) prosecute for the same act.

Question 40: Which factor is NOT listed under LRPC 1.5(a) as relevant to whether a fee is reasonable?

The time and labor required by the matter
The results obtained in the representation
The experience and reputation of the attorney
The attorney's personal financial needs (Correct answer)

Correct answer: The attorney's personal financial needs

LRPC 1.5(a) lists objective factors like time, difficulty, results, and attorney skill — not the attorney's personal financial needs.

Question 41: In a Louisiana limited partnership, which partner bears unlimited personal liability for all partnership obligations?

No partner, as all enjoy limited liability
All limited partners equally
The managing partner only, if different from the general partner
The general partner(s) only (Correct answer)

Correct answer: The general partner(s) only

In a limited partnership, the general partner has unlimited personal liability for all partnership obligations, while limited partners' liability is confined to their capital contributions.

Question 42: Under Louisiana law, a witness may be impeached with a prior criminal conviction when the crime:

Involved dishonesty or false statement, regardless of the grade of the offense (Correct answer)
Is any misdemeanor committed within the past five years
Directly relates to the same subject matter at issue in the current case
Is a felony where the court admits it after balancing probative value and prejudice

Correct answer: Involved dishonesty or false statement, regardless of the grade of the offense

Louisiana Code of Evidence Article 609 allows impeachment with prior convictions for crimes of dishonesty or false statement (crimen falsi) without requiring additional balancing.

Question 43: Under La. R.S. 9:364, if the court finds a history of family violence, there is a presumption that:

Both parents must undergo counseling before any custody is finalized
Sole or joint custody awarded to the abusive parent is detrimental to the child (Correct answer)
Joint custody with enhanced safety measures is in the child's best interest
Supervised visitation is mandatory for the non-abusive parent during proceedings

Correct answer: Sole or joint custody awarded to the abusive parent is detrimental to the child

La. R.S. 9:364 creates a rebuttable presumption that awarding sole or joint custody to a parent with a history of family violence is not in the child's best interest.

Question 44: A Terry stop in Louisiana is justified when an officer has:

A citizen's complaint alone
A warrant issued by a magistrate
Probable cause to arrest
Reasonable articulable suspicion of criminal activity (Correct answer)

Correct answer: Reasonable articulable suspicion of criminal activity

A Terry stop requires reasonable articulable suspicion — a lower standard than probable cause — that criminal activity is afoot.

Question 45: In Louisiana, when are Miranda rights required to be given to a suspect?

Only if the suspect is informed that they are under arrest.
Only if the suspect requests them explicitly.
Before any police contact with a suspect.
Only if the suspect is in custody and subject to interrogation. (Correct answer)

Correct answer: Only if the suspect is in custody and subject to interrogation.

Miranda warnings are constitutionally required under the Fifth Amendment only when a suspect is subjected to "custodial interrogation." This means the suspect must be both in custody (deprived of freedom in a significant way) and being interrogated (questioned or subjected to words or actions likely to elicit an incriminating response). If either custody or interrogation is absent, Miranda warnings are not strictly mandated, though police may still provide them.

Question 46: Attorney Reyes represents a client in a personal injury matter. The client tells Reyes she plans to destroy documents that are subject to a litigation hold. Under LRPC 3.4, Reyes must:

Advise the client not to destroy the documents and withdraw if the client proceeds (Correct answer)
Notify opposing counsel to protect the client's interests
Inform the court of the client's plan immediately
Destroy the documents himself to protect the client

Correct answer: Advise the client not to destroy the documents and withdraw if the client proceeds

LRPC 3.4 prohibits obstruction of another party's access to evidence; the attorney must counsel the client against destruction and may need to withdraw if the client persists.

Question 47: Under Article 9, a 'supporting obligation' (such as a guaranty or standby letter of credit) that supports pledged collateral (such as an account):

Requires its own financing statement filed with the Secretary of State
Falls outside Article 9 and is governed exclusively by contract and suretyship law
Is automatically subject to the security interest in the supported collateral without separate perfection steps (Correct answer)
Must be separately described in the security agreement to be covered

Correct answer: Is automatically subject to the security interest in the supported collateral without separate perfection steps

UCC 9-308(d) provides that a security interest in a supporting obligation is automatically perfected when the security interest in the supported collateral (e.g., the underlying account) is perfected.

Question 48: Under Louisiana law, what is a fundamental characteristic of a general partnership?

Partners are only liable for their proportionate share of debts
Partners have limited liability for all partnership debts
Each partner is an agent of the partnership and bears full personal liability for partnership obligations (Correct answer)
The partnership must register with the Secretary of State to be legally valid

Correct answer: Each partner is an agent of the partnership and bears full personal liability for partnership obligations

In a Louisiana general partnership, each partner acts as an agent of the partnership and is personally and jointly liable for all partnership debts and obligations.

Question 49: Attorney Vance negotiates a settlement on behalf of her client. The defendant offers a lump sum to settle all claims of all plaintiffs Vance represents. Under LRPC 1.8(g), Vance:

May accept if a majority of clients approve
May accept if the settlement exceeds her minimum acceptable threshold for each client
May accept the aggregate settlement without individual consent if it is in their overall best interest
Must obtain informed consent from each client after disclosure of the settlement's terms (Correct answer)

Correct answer: Must obtain informed consent from each client after disclosure of the settlement's terms

LRPC 1.8(g) prohibits aggregate settlements without the informed consent of each client after full disclosure.

Question 50: A usufructuary's primary obligation at the termination of a Louisiana usufruct is to:

Pay the naked owner fair market rent for the period of usufruct
Return the property in the same condition as received, normal use excepted (Correct answer)
Replace any improvements made during the usufruct at the usufructuary's expense
Obtain the naked owner's written release before vacating

Correct answer: Return the property in the same condition as received, normal use excepted

La. C.C. art. 578 requires the usufructuary to return the property at termination without deterioration beyond that caused by normal use.

Question 51: Under LAPA, which of the following is NOT a required element of notice when an agency initiates a contested case proceeding?

A short, plain statement of the matters at issue
A list of all potential witnesses the agency intends to call (Correct answer)
A reference to the legal authority under which the hearing is held
A statement of the time, place, and nature of the hearing

Correct answer: A list of all potential witnesses the agency intends to call

LAPA requires notice of the time, place, nature of the hearing, legal authority, and matters at issue, but does not require pre-hearing disclosure of the agency's witness list in the notice itself.

Question 52: Under Louisiana Civil Code Article 2589, 'lesion beyond moiety' in a sale of immovable property allows the seller to:

Rescind the sale when the price received was less than one-half the property's true value (Correct answer)
Recover the fair market value as additional damages from the buyer
Sue for punitive damages when the buyer engaged in fraud to obtain a low price
Demand renegotiation of the price within one year of the sale

Correct answer: Rescind the sale when the price received was less than one-half the property's true value

La. C.C. art. 2589 permits a seller of an immovable to rescind the sale when the price received was less than one-half of the fair market value at the time of sale.

Question 53: Under Louisiana law, the defense of entrapment is available when:

Police used deception during an interrogation
Government agents induced a non-predisposed person to commit a crime (Correct answer)
An undercover officer posed as a buyer in a drug transaction
Police merely provided an opportunity to commit a crime to a predisposed defendant

Correct answer: Government agents induced a non-predisposed person to commit a crime

Entrapment requires that government agents induced the crime and the defendant was not predisposed to commit it.

Question 54: In Louisiana, the 'but-for' test for establishing actual cause in a negligence case asks whether:

The defendant's conduct was a substantial factor in causing harm alongside other independently sufficient causes
The plaintiff's injury would not have occurred but for the defendant's negligent conduct (Correct answer)
The defendant's breach was the most significant contributing factor among all causes of the harm
The defendant's conduct created an unreasonable risk of harm to the plaintiff class

Correct answer: The plaintiff's injury would not have occurred but for the defendant's negligent conduct

The but-for test establishes actual causation by asking whether the harm would not have occurred absent the defendant's negligent conduct — the negligence must be a necessary condition for the harm.

Question 55: An attorney wants to enter a business transaction with a current client. Under LRPC 1.8(a), the transaction is permissible only if:

The client waives the conflict in open court
The attorney reduces his fee by 50% to compensate for the conflict
The terms are fair, disclosed in writing, the client is advised to seek independent counsel, and the client consents in writing (Correct answer)
The attorney discloses the conflict verbally before signing

Correct answer: The terms are fair, disclosed in writing, the client is advised to seek independent counsel, and the client consents in writing

LRPC 1.8(a) requires that business transactions with clients be on fair terms, fully disclosed in writing, with independent counsel advised and written informed consent obtained.

Question 56: Under Louisiana law, a predial servitude is extinguished by:

The death of the owner of the dominant estate
The dominant estate owner granting a one-time permission to use it
Nonuse for 10 years (Correct answer)
Sale of the dominant estate to a third party

Correct answer: Nonuse for 10 years

La. C.C. art. 753 provides that predial servitudes are extinguished by nonuse for 10 years.

Question 57: Under the Louisiana Rules of Professional Conduct, an attorney who receives a document clearly mistakenly sent by opposing counsel should:

Use the information contained in the document to benefit the client
Promptly notify the sender and abide by instructions regarding its return (Correct answer)
File the document with the court and disclose it to the judge
Read the document thoroughly before deciding what to do

Correct answer: Promptly notify the sender and abide by instructions regarding its return

LRPC 4.4(b) requires an attorney who receives inadvertently sent documents to promptly notify the sender.

Question 58: An attorney is appointed by a court to represent an indigent defendant whom the attorney believes is guilty. Under the LRPC, the attorney must:

Seek early plea negotiations because the client is guilty
Inform the court of the belief and request reassignment
Provide competent and diligent representation despite the personal belief (Correct answer)
Decline the appointment to avoid a conflict of interest

Correct answer: Provide competent and diligent representation despite the personal belief

Under LRPC 1.2 and 1.3, an attorney's personal belief about a client's guilt does not relieve the attorney of the duty to provide zealous and competent representation.

Question 59: Which of the following statements about the Fifth Amendment privilege against self-incrimination is accurate?

It protects individuals from being compelled to produce business records of a corporation they own
It requires the government to prove any waiver of the privilege was voluntary
It prohibits all comment by prosecutors on a defendant's silence at any stage
It applies only to verbal statements, not to physical evidence like blood samples (Correct answer)

Correct answer: It applies only to verbal statements, not to physical evidence like blood samples

The Fifth Amendment privilege protects only testimonial or communicative evidence — not physical evidence such as blood, handwriting exemplars, or voice samples.

Question 60: Under LRPC 1.9, a lawyer who has formerly represented a client in a matter may represent an adverse party in a new matter if:

Three years have passed since the representation ended
The lawyer returns all files from the prior representation
The new matter is substantially different and no material information was gained from the former client (Correct answer)
The former client has moved out of state

Correct answer: The new matter is substantially different and no material information was gained from the former client

LRPC 1.9 bars successive representation only where the matters are the same or substantially related and material confidential information was obtained.

Question 61: Under the duress defense in Louisiana, which element is required?

The threat must be imminent death or great bodily harm (Correct answer)
The defendant must have been unable to escape from the threatening situation
The threat must be of future harm only
Duress is a complete defense to all crimes including homicide

Correct answer: The threat must be imminent death or great bodily harm

Louisiana requires an imminent threat of death or great bodily harm to establish the defense of duress.

Question 62: Under Louisiana intestate succession, if a person dies leaving a surviving spouse but no descendants, parents, or collateral relatives, who inherits?

The surviving spouse inherits the entire estate (Correct answer)
The nearest collateral relatives within the sixth degree
The estate is divided equally between the surviving spouse and the state
The state of Louisiana (bona vacantia)

Correct answer: The surviving spouse inherits the entire estate

Under Louisiana Civil Code Article 888, when there are no descendants, ascendants, or collateral heirs, the surviving spouse inherits the entire succession.

Question 63: A lawyer represents co-defendants in a criminal case. One co-defendant offers to cooperate with prosecutors in exchange for a reduced charge that would harm the other co-defendant. Under the Louisiana Rules, the lawyer must:

Advise both clients to cooperate with prosecutors equally
Seek a court order permitting dual representation
Withdraw from representing both clients due to the unwaivable conflict (Correct answer)
Allow the one cooperating client to proceed and continue representing the other

Correct answer: Withdraw from representing both clients due to the unwaivable conflict

When co-defendants' interests become directly adverse — one seeking a deal against the other — the conflict is likely unwaivable and requires withdrawal from both representations.

Question 64: Under Louisiana law, a general partnership is created when:

Two or more persons agree to carry on a business for profit as co-owners, with or without a formal written agreement (Correct answer)
All partners execute a notarized written partnership agreement
Partners file articles of partnership with the Secretary of State
Partners obtain a business license from the Louisiana Secretary of State

Correct answer: Two or more persons agree to carry on a business for profit as co-owners, with or without a formal written agreement

A general partnership is formed by agreement, express or implied, when two or more persons agree to carry on a business as co-owners for profit; no formal filing or written document is required under Louisiana law.

Question 65: Under 42 U.S.C. § 1983, a plaintiff suing a local government entity (municipality) must allege that the constitutional violation resulted from:

Any act by a government employee within the scope of employment
Deliberate indifference by supervisory officials to subordinates' misconduct
The municipality's official policy or custom that caused the violation (Correct answer)
A pattern of prior constitutional violations by the municipality's officers

Correct answer: The municipality's official policy or custom that caused the violation

Under Monell v. Department of Social Services, a municipality is liable under § 1983 only when the constitutional violation results from the municipality's official policy or longstanding custom.

Question 66: What is promissory estoppel?

A requirement that all promises must be in writing
A promise that was signed and notarized
A doctrine enforcing promises when a party reasonably relied on the promise to their detriment (Correct answer)
A promise made in a courtroom

Correct answer: A doctrine enforcing promises when a party reasonably relied on the promise to their detriment

Promissory estoppel allows enforcement of a promise without consideration when the promisor should have expected reliance, the promisee did rely to their detriment, and injustice can only be avoided by enforcement.

Question 67: Under Louisiana law, which of the following communications is NOT protected by any recognized evidentiary privilege?

Statements made in the presence of unnecessary third parties not essential to the privileged communication (Correct answer)
Confidential statements made by a patient to a licensed psychotherapist
Confidential communications between spouses made during the marriage
Confidential statements between a penitent and a priest in the context of spiritual counseling

Correct answer: Statements made in the presence of unnecessary third parties not essential to the privileged communication

Disclosure to third parties who are not necessary participants destroys the confidentiality that most privileges require, eliminating privilege protection.

Question 68: Under LRPC 7.3, direct in-person solicitation of prospective clients by a Louisiana attorney is prohibited unless the prospective client is:

A lawyer or a person with whom the attorney has a family or prior professional relationship (Correct answer)
A potential corporate client the attorney identifies from public records
A member of the general public who has suffered a recent injury
A person the attorney met at a community event

Correct answer: A lawyer or a person with whom the attorney has a family or prior professional relationship

LRPC 7.3 allows direct solicitation when the prospective client is a lawyer or has a family or prior professional relationship with the attorney.

Question 69: Under Louisiana's Rules of Professional Conduct, what is required for a lawyer to represent clients with conflicting interests?

The lawyer must only ensure that the representation does not disadvantage any client.
The lawyer can represent both clients without any disclosure if the conflict is minor.
The lawyer must obtain written consent from all clients after full disclosure of the conflict. (Correct answer)
The lawyer must withdraw from representing all clients if a conflict of interest arises.

Correct answer: The lawyer must obtain written consent from all clients after full disclosure of the conflict.

Louisiana Rule of Professional Conduct 1.7 addresses conflicts of interest, generally prohibiting a lawyer from representing clients with conflicting interests. However, a lawyer may do so if they reasonably believe they can provide competent and diligent representation to each client, the representation is not prohibited by law, and each affected client gives informed consent, confirmed in writing. This ensures clients understand the potential risks and agree to the joint representation.

Question 70: Under Louisiana law, bystander claims for negligent infliction of emotional distress (NIED) are typically recognized only when the bystander:

Witnessed a traumatic event injuring a close relative and was themselves within the zone of physical danger (Correct answer)
Was present anywhere in the general vicinity of the tortious incident when it occurred
Was emotionally bonded to the primary victim, even without being physically present at the scene
Had a pre-existing anxiety condition that was medically aggravated by witnessing the traumatic event

Correct answer: Witnessed a traumatic event injuring a close relative and was themselves within the zone of physical danger

Louisiana recognizes bystander NIED when the plaintiff both witnessed a traumatic event injuring a close relative and was within the zone of physical danger themselves.

Question 71: Under Louisiana Code of Criminal Procedure, the time limit for commencing prosecution of a non-capital felony punishable by imprisonment at hard labor is generally:

No limitation applies to felonies
1 year
6 years (Correct answer)
3 years

Correct answer: 6 years

Louisiana law generally requires that prosecution of a non-capital felony punishable by hard labor begin within six years of the offense.

Question 72: Under the Louisiana Business Corporation Act, how many persons are required to organize a corporation?

Two or more
Five or more
One or more (Correct answer)
Three or more

Correct answer: One or more

Louisiana law permits a single individual to form a corporation, as only one or more persons are required to act as incorporators under the Louisiana Business Corporation Act.

Question 73: Under Louisiana Civil Code Article 2589, lesion beyond moiety entitles a seller of an immovable to seek rescission when the seller received less than:

Two-thirds of the fair market value
One-quarter of the fair market value
One-half of the fair market value (Correct answer)
Any amount below appraised value

Correct answer: One-half of the fair market value

Lesion beyond moiety applies when a seller of an immovable receives less than half the fair market value, allowing rescission or supplementation of price.

Question 74: A defendant charged with battery claims he acted in self-defense. Under Louisiana law, for the defense to succeed, the defendant's belief that force was necessary must be:

Corroborated by an independent witness
Objectively reasonable (Correct answer)
Proven beyond a reasonable doubt by the defendant
Honest and subjectively held, even if unreasonable

Correct answer: Objectively reasonable

Louisiana's self-defense statute requires that the defendant reasonably believe force was necessary to prevent unlawful harm.

Question 75: Under Louisiana's 'eggshell plaintiff' (thin-skull) rule, a defendant who negligently injures a plaintiff with a pre-existing medical condition is liable for:

Only damages quantified and causally verified by the plaintiff's treating physicians at trial
Only the incremental harm directly attributable to the defendant's conduct, separated from the pre-existing condition
All damages caused by the tortious conduct, even if the plaintiff's pre-existing vulnerability made the injury far greater than foreseeable (Correct answer)
Only the portion of harm that would have been suffered by a healthy person without the pre-existing condition

Correct answer: All damages caused by the tortious conduct, even if the plaintiff's pre-existing vulnerability made the injury far greater than foreseeable

The eggshell plaintiff rule holds defendants fully liable for the extent of harm regardless of the plaintiff's unusual vulnerability — defendants take their victims as they find them.

Question 76: Under LRPC 4.2, an attorney representing a party may communicate with a represented opposing party:

Only if the court authorizes the communication
Either (B) or (C) (Correct answer)
Whenever the attorney believes it serves the client's best interest
Only if the opposing attorney has given prior consent

Correct answer: Either (B) or (C)

LRPC 4.2 prohibits communicating with a represented person about the subject of representation without consent of the opposing lawyer or court authorization.

Question 77: In a Louisiana general partnership, how are profits and losses shared among partners when the partnership agreement is silent on the issue?

Proportionally to each partner's ownership percentage as listed in any business license
Based on each partner's hours worked during the fiscal year
Equally among all partners, regardless of the size of each partner's capital contribution (Correct answer)
According to each partner's proportionate capital contribution

Correct answer: Equally among all partners, regardless of the size of each partner's capital contribution

Under Louisiana law, absent an agreement specifying otherwise, partners share profits and losses equally, regardless of the amounts of their respective capital contributions.

Question 78: Under the Louisiana Business Corporation Act, shareholders may remove a director:

Only by unanimous vote of all remaining shareholders
By majority vote at any time, with or without cause, unless the articles of incorporation require cause for removal (Correct answer)
Only through a court proceeding initiated by shareholder petition
Only for cause, upon proof of fraud or gross negligence

Correct answer: By majority vote at any time, with or without cause, unless the articles of incorporation require cause for removal

Under the Louisiana Business Corporation Act, shareholders may remove a director with or without cause by majority vote, unless the articles of incorporation specifically require cause for removal.

Question 79: What is relevance in evidence law?

Only direct evidence of the crime
Evidence that has any tendency to make a material fact more or less probable (Correct answer)
Evidence that the judge personally finds interesting
Evidence that proves a fact conclusively

Correct answer: Evidence that has any tendency to make a material fact more or less probable

Relevant evidence is any evidence that has a tendency to make a fact of consequence to the case more or less probable than it would be without the evidence.

Question 80: Under the Louisiana Business Corporation Act, when does a corporation's legal existence begin?

When the incorporators sign the articles of incorporation
When the corporation holds its first board of directors meeting
When the articles of incorporation are filed with the Secretary of State (Correct answer)
When shares are first sold to shareholders

Correct answer: When the articles of incorporation are filed with the Secretary of State

Under the Louisiana Business Corporation Act, corporate existence begins upon the effective date of filing of the articles of incorporation with the Secretary of State.

Question 81: Under LRPC 4.3, when a Louisiana attorney deals with an unrepresented person on behalf of a client, the attorney:

May advise the unrepresented person freely because no attorney-client relationship exists
Must not give the unrepresented person legal advice that serves the attorney's client's interests
May freely negotiate with the unrepresented person without any disclosure obligations
Must not imply that the attorney is disinterested and must not give legal advice other than to get counsel (Correct answer)

Correct answer: Must not imply that the attorney is disinterested and must not give legal advice other than to get counsel

LRPC 4.3 requires the attorney to clarify her role and refrain from giving legal advice to the unrepresented person other than advising them to obtain counsel.

Question 82: Under the Louisiana Rules of Professional Conduct, what must a lawyer do if they lack competence in a particular area of law but are hired to handle a case in that area?

Refuse to take the case regardless of the client's needs.
Rely on their general legal knowledge to handle the case.
Delegate the work to another lawyer who is competent in that area. (Correct answer)
Seek assistance from legal experts only if the case involves significant financial stakes.

Correct answer: Delegate the work to another lawyer who is competent in that area.

Louisiana Rule of Professional Conduct 1.1 requires a lawyer to provide competent representation. If a lawyer lacks competence in a specific area, they must either acquire the necessary knowledge and skill, associate with a lawyer who is competent, or delegate the work to a competent lawyer. This ensures the client receives adequate legal services and prevents lawyers from undertaking matters beyond their expertise without proper support.

Question 83: Which of the following must be included in the articles of incorporation under the Louisiana Business Corporation Act?

Names and addresses of all initial shareholders
The corporation's specific business purpose
The total number of shares the corporation is authorized to issue (Correct answer)
The initial salaries of all corporate officers

Correct answer: The total number of shares the corporation is authorized to issue

The Louisiana Business Corporation Act requires articles of incorporation to state the total number of authorized shares, but does not require shareholder names, a specific business purpose, or officer salaries.

Question 84: Under LRPC 3.5, a Louisiana attorney may communicate with a juror after the trial is concluded:

Only with the judge's written permission
Unless the communication is prohibited by law or court order, or the juror objects (Correct answer)
Never, because post-trial juror contact is categorically prohibited
Only if the communication seeks to influence the juror's views on the verdict

Correct answer: Unless the communication is prohibited by law or court order, or the juror objects

LRPC 3.5(c) permits post-verdict juror contact unless prohibited by law or court order or the juror has indicated a desire not to communicate.

Question 85: Under Louisiana law, a conventional mortgage on immovable property becomes effective against third parties when:

The loan proceeds are disbursed to the mortgagor
The mortgagee takes actual possession of the property
The mortgage instrument is executed before a notary public
The mortgage is recorded in the mortgage records of the parish where the property is located (Correct answer)

Correct answer: The mortgage is recorded in the mortgage records of the parish where the property is located

La. C.C. art. 3338 and R.S. 9:5552 provide that mortgages are effective against third parties only from the moment of recordation in the parish mortgage records.

Question 86: Under the Fourth Amendment, a warrantless search of a home is presumptively unreasonable unless:

An exception to the warrant requirement applies (Correct answer)
The officer has probable cause
The search occurs during daylight hours
The suspect is a known felon

Correct answer: An exception to the warrant requirement applies

The Fourth Amendment requires a warrant for home searches unless a recognized exception — such as consent, exigent circumstances, or plain view — applies.

Question 87: Under Louisiana partnership law, 'dissociation' of a partner refers to:

The involuntary expulsion of a partner through a court order only
The complete dissolution and winding up of all partnership affairs
A partner's withdrawal or separation from the partnership, while the partnership itself may continue to operate (Correct answer)
The conversion of a partnership into a limited liability company

Correct answer: A partner's withdrawal or separation from the partnership, while the partnership itself may continue to operate

Dissociation refers to a partner's withdrawal or separation from the partnership, which does not automatically dissolve the partnership—the remaining partners may choose to continue the business.

Question 88: Under the Confrontation Clause, a defendant has the right to confront adverse witnesses. This right is violated when:

A hearsay statement is admitted without opportunity for prior cross-examination and the declarant is unavailable (Correct answer)
A victim provides testimony via live two-way video with consent of all parties
An eyewitness testifies under oath at trial
A co-defendant pleads guilty and testifies for the prosecution

Correct answer: A hearsay statement is admitted without opportunity for prior cross-examination and the declarant is unavailable

Under Crawford v. Washington, testimonial hearsay statements are barred by the Confrontation Clause unless the declarant is unavailable and the defendant had a prior opportunity for cross-examination.

Question 89: Under La. CC Art. 2013, a party may dissolve a contract without judicial action when:

Both parties orally agree at the time of the breach
The breaching party fails to respond to a demand letter within 10 days
The breach is only minor or technical in nature
The contract expressly provides for dissolution upon a specified breach (Correct answer)

Correct answer: The contract expressly provides for dissolution upon a specified breach

A dissolution clause (pact commissoire) permits extrajudicial dissolution when the contract expressly grants that right for a particular breach.

Question 90: Upon termination of Louisiana's legal regime of community property, each spouse owns:

Whatever property the court determines is equitable
All property titled solely in their name
Property proportional to their respective financial contributions
An undivided one-half interest in all community property (Correct answer)

Correct answer: An undivided one-half interest in all community property

Under La. Civil Code art. 2336, each spouse owns an undivided one-half interest in community property upon termination of the regime.

Question 91: Under Louisiana law, the marital communications privilege:

Protects confidential communications made during the marriage and survives dissolution of the marriage (Correct answer)
May be waived only by both spouses jointly in all circumstances
Applies only while the marriage is ongoing and terminates upon divorce
Covers all statements between spouses regardless of whether they were confidential

Correct answer: Protects confidential communications made during the marriage and survives dissolution of the marriage

Louisiana's marital communications privilege attaches to confidential marital communications and survives the end of the marriage.

Question 92: Under Louisiana filiation law, what is the legal presumption regarding a child born during a marriage?

The child has no presumed father unless acknowledged
Paternity must be established by DNA testing
The child is presumed to be the child of the husband (Correct answer)
The child is presumed to be the child of the mother only

Correct answer: The child is presumed to be the child of the husband

Louisiana Civil Code Art. 185 establishes that a child born during marriage is presumed to be the child of the husband.

Question 93: For the intentional tort of battery in Louisiana, the required intent element is:

The intent to make contact that the victim would find offensive or harmful in result
The intent to commit the act that results in offensive or harmful contact with the victim (Correct answer)
The intent to cause harm or physical injury to the victim
The intent to frighten or intimidate the victim immediately before making physical contact

Correct answer: The intent to commit the act that results in offensive or harmful contact with the victim

Battery requires intent to commit the act that causes contact; the defendant need not intend harm — only the intentional touching itself satisfies the intent element.

Question 94: An agency wishes to promulgate a rule that will have a fiscal impact exceeding $75,000 annually. Under LAPA, what additional procedural requirement applies?

The rule must be approved by a two-thirds majority of the legislature
A public referendum must be held
A fiscal note and economic impact statement must be prepared (Correct answer)
The governor must sign the rule before it takes effect

Correct answer: A fiscal note and economic impact statement must be prepared

LAPA requires agencies to prepare a fiscal note and economic impact statement when a proposed rule will have a significant fiscal impact on state or local government.

Question 95: According to Louisiana's Rules of Professional Conduct, how should a lawyer handle client funds that are to be held in trust?

Keep them in a separate trust account designated for client funds. (Correct answer)
Mix client funds with the lawyer’s operational funds for convenience.
Withdraw a portion of the funds for any expenses related to the case before the case is concluded.
Deposit them into the lawyer’s personal account to avoid administrative costs.

Correct answer: Keep them in a separate trust account designated for client funds.

Louisiana Rule of Professional Conduct 1.15 mandates that lawyers hold client funds separate from their own funds. These funds must be deposited into a dedicated client trust account, often an IOLTA account, to prevent commingling. This rule is crucial for protecting client money, ensuring accountability, and preventing the misuse of funds for the lawyer's personal or operational expenses.

Question 96: In a 'member-managed' Louisiana LLC, which of the following is true?

A designated manager who is not a member controls all business decisions exclusively
The LLC must form a board of directors elected by the members to manage operations
Only members who own more than 50% of the LLC may participate in management decisions
All members have the authority to act as agents of the LLC and to participate in its management (Correct answer)

Correct answer: All members have the authority to act as agents of the LLC and to participate in its management

In a member-managed LLC, each member has the authority to act as an agent of the LLC and to participate in management, similar to the role of partners in a general partnership.

Question 97: Which fiduciary duty requires a Louisiana corporate director to avoid self-dealing and conflicts of interest when making decisions on behalf of the corporation?

Duty of loyalty (Correct answer)
Duty of disclosure
Duty of care
Duty of obedience

Correct answer: Duty of loyalty

The duty of loyalty requires directors to prioritize the corporation's interests over their personal interests and to avoid conflicts of interest or self-dealing transactions.

Question 98: Which of the following correctly describes 'lesion' in Louisiana contract law?

Any economic loss resulting from contract performance
Damage suffered due to a disproportionate exchange, available only in limited contracts (Correct answer)
A vice of consent equivalent to duress
Fraud inducing a party to enter a contract

Correct answer: Damage suffered due to a disproportionate exchange, available only in limited contracts

Lesion is the damage suffered by a party due to inequality in a commutative contract, and under Louisiana law it applies only in limited situations such as sales of immovables and partition.

Question 99: Under Louisiana law, a witness is presumed competent to testify unless the court finds the witness:

Has been convicted of a felony within the past ten years
Lacks personal knowledge of the matter or lacks the ability to communicate their testimony (Correct answer)
Is under twelve years of age
Is a named party to the litigation

Correct answer: Lacks personal knowledge of the matter or lacks the ability to communicate their testimony

LCE Article 601 establishes a general presumption of competency; disqualification requires a finding that the witness lacks personal knowledge or the capacity to communicate.

Question 100: A Louisiana corporation's board of directors declares a dividend. Under which circumstance would the declaration be unlawful?

The corporation has not paid dividends in the previous two fiscal years
Not all shareholders voted in favor of the dividend declaration
The corporation's annual shareholders' meeting has not yet been held for that fiscal year
The dividend would render the corporation unable to pay its debts as they become due in the ordinary course of business (Correct answer)

Correct answer: The dividend would render the corporation unable to pay its debts as they become due in the ordinary course of business

Under Louisiana law, a dividend is unlawful if it would render the corporation insolvent or unable to pay its debts as they come due in the ordinary course of business.

Louisiana Bar Examination

The Louisiana Bar Examination is a unique three-day, nine-subject written exam testing applicants on Louisiana civil law (Civil Code I–III, Code of Civil Procedure, Torts) and non-code subjects (Business Entities, Criminal Law & Procedure, Evidence, and Constitutional Law). Louisiana is one of the few U.S. states that does not use the Uniform Bar Exam, requiring a minimum weighted score of 650 out of 900.

100

Questions

120 min

Time Limit

72%

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