Louisiana Bar Examination — Questions and Answers

Question 1: What are the grounds for contesting a will?

The beneficiary's belief they deserve more
Lack of testamentary capacity, undue influence, fraud, or improper execution (Correct answer)
Disagreement with the distribution amounts
Filing after the probate deadline has passed

Correct answer: Lack of testamentary capacity, undue influence, fraud, or improper execution

Wills can be contested on grounds including the testator's mental incapacity, undue influence by a beneficiary, fraud or forgery, or failure to meet formal execution requirements.

Question 2: An agency issues a subpoena duces tecum to a company demanding production of trade secrets. The company challenges the subpoena. Which factor is LEAST relevant to a court's evaluation of the subpoena's validity?

Whether the demand is too indefinite
Whether the subpoena is unreasonably burdensome
Whether the company's trade secrets would be competitively harmed by disclosure (Correct answer)
Whether the subpoena is reasonably relevant to an authorized investigation

Correct answer: Whether the company's trade secrets would be competitively harmed by disclosure

Competitive harm from disclosure of trade secrets is not a recognized ground for quashing an administrative subpoena; relevance, definiteness, and burden are the key factors.

Question 3: According to Louisiana's Rules of Professional Conduct, how should a lawyer handle client funds that are to be held in trust?

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

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 4: 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 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)
It requires the government to prove any waiver of the privilege was voluntary

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

The dividend would render the corporation unable to pay its debts as they become due in the ordinary course of business (Correct answer)
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 corporation has not paid dividends in the previous two fiscal years

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.

Question 6: Under Louisiana law, a witness is presumed competent to testify unless the court finds the witness:

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

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 7: An LLC operating agreement in Louisiana may validly:

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

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 8: The best evidence rule under Louisiana law requires production of the original writing when:

The opposing party requests the original at any point before trial
The document is more than ten years old
The document was generated by a government agency or notarized
The contents of a writing, recording, or photograph are directly at issue in the case (Correct answer)

Correct answer: The contents of a writing, recording, or photograph are directly at issue in the case

Louisiana's best evidence rule applies when a party seeks to prove the terms or contents of a writing, recording, or photograph, requiring production of the original absent a valid excuse.

Question 9: Under Louisiana law, a buyer seeking redhibition (full rescission) rather than a reduction in price (quanti minoris) must show that the defect:

Renders the thing absolutely useless or so imperfect that the buyer would not have bought it (Correct answer)
Was caused by the seller's deliberate act
Was discovered within 30 days of delivery
Reduced the value of the thing by at least 25%

Correct answer: Renders the thing absolutely useless or so imperfect that the buyer would not have bought it

Full redhibition requires a defect severe enough that a reasonable buyer would have refused the purchase; lesser defects entitle the buyer only to a price reduction.

Question 10: Under La. R.S. 46:2136, a protective order issued in a domestic abuse case may remain in force for up to:

30 days from issuance
18 months (Correct answer)
The duration of related criminal proceedings only
6 months, renewable annually

Correct answer: 18 months

La. R.S. 46:2136 authorizes the issuance of a protective order for a period not to exceed 18 months.

Question 11: Under Louisiana law, the primary purpose of the annual shareholders' meeting of a corporation is to:

Elect directors and transact other proper business brought before the meeting (Correct answer)
Approve the compensation packages of all corporate officers and key employees
Approve the corporation's operating budget for the upcoming fiscal year
Ratify all contracts executed by officers during the prior year

Correct answer: Elect directors and transact other proper business brought before the meeting

The primary purpose of the annual shareholders' meeting is to elect directors and conduct any other business properly brought before the meeting by shareholders or the board.

Question 12: A PMSI in inventory takes priority over an earlier perfected conflicting security interest in the same inventory ONLY IF the PMSI holder perfects before the debtor receives the inventory AND:

Registers the PMSI with the Secretary of State in a separate filing
Sends authenticated notification to the holder of the conflicting interest before the debtor receives possession (Correct answer)
Obtains a subordination agreement from the prior secured party
Files a continuation statement within 60 days of the conflict arising

Correct answer: Sends authenticated notification to the holder of the conflicting interest before the debtor receives possession

UCC 9-324(b) requires the inventory PMSI holder to both perfect before the debtor receives possession AND give authenticated notification to any competing secured party who has filed a financing statement covering the same inventory type.

Question 13: What privilege protects spousal communications?

Spousal privilege only applies in divorce proceedings
All conversations between married people are privileged forever
Only written communications between spouses are protected
Confidential communications between spouses during marriage are privileged and cannot be compelled (Correct answer)

Correct answer: Confidential communications between spouses during marriage are privileged and cannot be compelled

The marital communications privilege protects confidential communications made between spouses during the marriage. The privilege generally survives divorce for communications made during the marriage.

Question 14: A Louisiana attorney wants to advertise on television. Under the Louisiana Rules of Professional Conduct, the advertisement must:

Not be false or misleading and must comply with applicable LRPC advertising rules (Correct answer)
Be approved by a circuit court judge before broadcast
Be submitted to the Louisiana State Bar Association for pre-approval before airing
Include only information about the attorney's contact details

Correct answer: Not be false or misleading and must comply with applicable LRPC advertising rules

Louisiana attorney advertising must comply with LRPC 7.1 and related rules, primarily prohibiting false or misleading communications about legal services.

Question 15: A professional corporation (PC) formed by licensed professionals in Louisiana differs from a regular corporation primarily because:

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

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

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

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 17: What is a prenuptial agreement?

A custody arrangement made before having children
A post-divorce settlement agreement
A contract entered before marriage that defines property rights and obligations in case of divorce or death (Correct answer)
A marriage license requirement in all states

Correct answer: A contract entered before marriage that defines property rights and obligations in case of divorce or death

A prenuptial agreement is a contract between prospective spouses that sets forth terms for property division, spousal support, and other financial matters in the event of divorce or death.

Question 18: What is consideration in contract formation?

A required waiting period before signing
The physical contract document
The amount of money involved in the deal
A bargained-for exchange of legal value between the parties (Correct answer)

Correct answer: A bargained-for exchange of legal value between the parties

Consideration is the legal concept requiring each party to give something of value — a promise, performance, or forbearance — in exchange for the other's promise or performance.

Question 19: Under the duress defense in Louisiana, which element is required?

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

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 20: 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
A maximum of 99 years with possibility of parole
Life imprisonment without parole or death (Correct answer)

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

The attorney reduces his fee by 50% to compensate for the conflict
The client waives the conflict in open court
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 22: 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?

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

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 23: Under current Louisiana law, a child formally acknowledged by the father has inheritance rights from that father that are:

Available only in the absence of children born in marriage
Limited to one-half the share of a child born in marriage
Recognized only if the acknowledgment was made before the child turned 5
Equal to those of a child born in marriage (Correct answer)

Correct answer: Equal to those of a child born in marriage

Under Louisiana's revised filiation laws, an acknowledged child has the same inheritance rights as a child born in marriage.

Question 24: Under the inevitable discovery doctrine, unlawfully obtained evidence may be admitted at trial if:

The defendant consented to the search after the fact
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

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 25: Which of the following is a 'forced heir' entitled to a forced portion under Louisiana law?

A surviving spouse who was married for at least 10 years
Any child of the decedent regardless of age
A dependent parent of the decedent
A child under 24 years of age or permanently incapacitated (Correct answer)

Correct answer: A child under 24 years of age or permanently incapacitated

Louisiana Civil Code Art. 1493 limits forced heirship to children who are under 24 or who are permanently incapacitated at the time of the decedent's death.

Question 26: Under the Louisiana Business Corporation Act, when does a corporation's legal existence begin?

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

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 27: In a non-consumer transaction under Article 9, if a secured party fails to comply with the disposition procedures and cannot prove that compliance would not have increased proceeds, the debtor receives:

An automatic 50% reduction in the deficiency amount as a statutory penalty
A credit equal to the amount by which a compliant sale would have exceeded the actual proceeds (Correct answer)
Only actual damages if the debtor can prove they were harmed by noncompliance
A complete absolute bar preventing any deficiency recovery by the secured party

Correct answer: A credit equal to the amount by which a compliant sale would have exceeded the actual proceeds

UCC 9-626(a)(3)-(4) creates a rebuttable presumption in non-consumer transactions that noncompliant sales produced less than a compliant sale would have, offsetting the deficiency by the amount of that difference.

Question 28: A Louisiana attorney receives client funds that must be held in trust. The attorney may NOT:

Commingle the client funds with personal funds for administrative convenience (Correct answer)
Disburse the funds once earned
Keep the funds in a separate IOLTA account
Maintain records of the funds for at least five years

Correct answer: Commingle the client funds with personal funds for administrative convenience

LRPC 1.15 strictly prohibits commingling client funds with an attorney's personal or business funds.

Question 29: In a Louisiana discretionary trust, the trustee's primary discretionary authority relates to:

Deciding whether and in what amounts to distribute trust income or principal to beneficiaries (Correct answer)
Adding or removing beneficiaries without notice to the settlor
Investing trust assets in high-risk vehicles without beneficiary consent
Changing the trust's stated charitable purpose without court approval

Correct answer: Deciding whether and in what amounts to distribute trust income or principal to beneficiaries

In a discretionary trust, the trustee has the power to determine whether distributions will be made and, if so, in what amounts.

Question 30: In Louisiana, simple robbery differs from armed robbery primarily because armed robbery requires:

The use of force or intimidation alone, without a weapon
The victim to sustain physical injury
The taking to be accomplished by use of a dangerous weapon (Correct answer)
A higher value of property taken

Correct answer: The taking to be accomplished by use of a dangerous weapon

Armed robbery in Louisiana requires that the taking be accomplished through the use of a dangerous weapon, whereas simple robbery requires only force or intimidation.

Question 31: Attorney Cole represents Company A in a contract dispute. Company B, an adverse party, later asks Cole to represent it in an unrelated tax matter. Under LRPC 1.7, Cole:

May represent Company B because the matters are unrelated
Has a concurrent conflict and may not represent Company B without informed written consent of both clients (Correct answer)
May freely represent Company B as long as different associates handle each matter
Must disclose the conflict only to Company A

Correct answer: Has a concurrent conflict and may not represent Company B without informed written consent of both clients

LRPC 1.7 prohibits representing directly adverse parties concurrently without informed written consent from both clients.

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.

Questions

35 min

Time Limit

72%

To Pass

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