Texas Bar Exam — Questions and Answers

Question 1: What are the requirements for a valid holographic will in Texas?

Handwritten, signed, and filed with the county clerk
Handwritten and witnessed by two people
Typed and notarized
Entirely in the testator's handwriting and signed by the testator (Correct answer)

Correct answer: Entirely in the testator's handwriting and signed by the testator

Texas Estates Code allows holographic wills that are entirely written in the testator's handwriting and signed by them. No witnesses are required.

Question 2: Under the Texas standard possession order, on which days does a non-primary parent typically exercise possession during the school year?

Every other weekend only
Weekends and all federal holidays
Alternating full weeks throughout the year
First, third, and fifth weekends plus Thursday evenings during the school year (Correct answer)

Correct answer: First, third, and fifth weekends plus Thursday evenings during the school year

Texas Family Code §153.312 establishes the standard possession order as the first, third, and fifth weekends plus Thursday evenings during the school year.

Question 3: Both a buyer and seller mutually believed, at the time of contracting, that a painting was an original work worth $50,000. It later turns out the painting is a forgery worth $500. Which defense best applies?

Impossibility — performance became objectively impossible
Mutual mistake of fact — both parties were wrong about a material fact existing at the time of contracting (Correct answer)
Unilateral mistake — only one party was wrong
Frustration of purpose — a subsequent event destroyed the value

Correct answer: Mutual mistake of fact — both parties were wrong about a material fact existing at the time of contracting

Mutual mistake applies when both parties are mistaken about a material fact that existed at the time of contracting, allowing rescission if the risk was not allocated to one party.

Question 4: How does Texas law define community property in the context of divorce?

All property acquired by either spouse during the marriage except by gift, devise, or descent (Correct answer)
All property owned by both spouses at any time
Only property with both spouses' names on the title
Only real property purchased during the marriage

Correct answer: All property acquired by either spouse during the marriage except by gift, devise, or descent

Community property includes all property acquired during marriage by either spouse, excluding property obtained by gift, inheritance, or personal injury recovery.

Question 5: Under Texas healthcare liability law, what must a plaintiff do within 120 days of filing a medical malpractice suit?

File a certificate of merit signed by the plaintiff's treating physician
Obtain approval from the Texas Medical Board before proceeding with discovery
Serve a qualifying expert report authored by an expert in the relevant field of healthcare (Correct answer)
Post a bond equal to a percentage of the claimed non-economic damages

Correct answer: Serve a qualifying expert report authored by an expert in the relevant field of healthcare

Texas Civil Practice & Remedies Code § 74.351 requires plaintiffs in healthcare liability claims to serve a qualifying expert report within 120 days of filing or face mandatory dismissal with prejudice.

Question 6: Under the Erie doctrine, when must a federal court sitting in diversity apply state substantive law?

Only when the case involves a state statutory claim, not common law
Always, on all issues of substantive law, because there is no federal general common law (Correct answer)
Only when both parties expressly agree to apply state law
Only when no federal statute or rule directly addresses the precise issue

Correct answer: Always, on all issues of substantive law, because there is no federal general common law

Erie Railroad Co. v. Tompkins (1938) held that federal courts sitting in diversity must apply the substantive law of the state in which the court sits; there is no federal general common law.

Question 7: An elderly woman was mugged and robbed on a public street. At the time of the offense, the victim only saw her assailant's eyes. A hooded sweatshirt and bandana concealed the rest of his face. A few days later, while the victim waited to be interviewed, she observed the defendant being escorted through the courthouse, in jail clothing, and restrained by handcuffs and leg irons. She identified him as the perpetrator shortly thereafter. Will the court allow that identification into evidence?

Yes, if the witness perceived the perpetrator by seeing his eyes, and made the identification on the basis it was reliable enough to be admitted.
No, because it is not reliable enough and there was too much suggestion to make a reasonably accurate identification. (Correct answer)
No, because prior statements of identification are considered hearsay and never allowed into evidence.
Yes, because the witness' recognition of someone is all that is needed; the reliability or credibility of it is subject to cross examination.

Correct answer: No, because it is not reliable enough and there was too much suggestion to make a reasonably accurate identification.

The court will likely allow the prosecution to rehabilitate the witness using prior consistent statements because the witness's credibility was attacked with prior inconsistent statements and an accusation of recent fabrication. Under Federal Rule of Evidence 801(d)(1)(B), a prior consistent statement is admissible not only for rehabilitation but also as substantive evidence if it is offered to rebut a charge of recent fabrication or improper influence or motive, and was made before the motive arose.

Question 8: A witness gave a detailed recorded statement to police implicating the defendant and later refuses to testify at trial. The prosecution seeks to admit the prior statement under a hearsay exception. Under Crawford v. Washington, this statement is:

Inadmissible because the Confrontation Clause bars testimonial hearsay unless the defendant had a prior opportunity to cross-examine the unavailable declarant (Correct answer)
Admissible if it falls within a firmly rooted hearsay exception
Admissible if the trial judge independently finds it sufficiently reliable
Admissible only if the defendant had a prior opportunity to cross-examine the witness about that statement

Correct answer: Inadmissible because the Confrontation Clause bars testimonial hearsay unless the defendant had a prior opportunity to cross-examine the unavailable declarant

Under Crawford v. Washington, the Confrontation Clause bars admission of testimonial hearsay unless the declarant is unavailable AND the defendant had a prior opportunity for cross-examination; post-crime police interviews are testimonial.

Question 9: Which of the following is a common symptom of an allergic reaction to a hair dye?

Dry skin
Excessive oil production
Itching and redness (Correct answer)
Hair loss

Correct answer: Itching and redness

Allergic reactions to hair dye, often a form of contact dermatitis, typically manifest as itching, redness, swelling, and sometimes blistering on the skin, particularly on the scalp, hairline, and ears. These symptoms are caused by the immune system's response to an allergen in the dye, such as paraphenylenediamine (PPD), and are distinct from general dry skin or hair loss.

Question 10: Under Texas law, which standard governs child custody determinations?

Equal division between both parents automatically
Best interest of the child (Correct answer)
Preference of the custodial parent
Financial superiority of one parent

Correct answer: Best interest of the child

Texas courts determine custody (conservatorship) based on the best interest of the child, considering factors like emotional and physical needs, stability, and parenting ability.

Question 11: Under Texas law, what happens to a person's property if they die without a will (intestate) and are survived by a spouse and children from that marriage?

The property escheats to the state
The spouse inherits all community property and one-third of separate personal property (Correct answer)
The children inherit everything
The spouse inherits everything

Correct answer: The spouse inherits all community property and one-third of separate personal property

When all children are also children of the surviving spouse, the spouse inherits all community property, one-third of separate personal property, and a life estate in one-third of separate real property.

Question 12: H executes a valid will and later writes 'VOID' across every page and signs his name. Under Texas Estates Code §253.002, this act:

Creates a codicil that supersedes prior provisions
Does not revoke the will because only physical destruction is effective
Revokes the will only if done in front of two witnesses
Effectively revokes the will by cancellation (Correct answer)

Correct answer: Effectively revokes the will by cancellation

Texas Estates Code §253.002 permits revocation by cancellation, so writing 'VOID' and signing constitutes a valid revocation.

Question 13: A company contracted to sell corn from a specific harvest. The harvest was destroyed by an unexpected flood. The seller claims it is discharged from the contract. Which best describes the applicable doctrine?

Impossibility due to destruction of the specific subject matter of the contract (Correct answer)
Accord and satisfaction — the seller offers substitute goods
Mutual mistake — both parties assumed the crop would survive
Frustration of purpose — the buyer's purpose is frustrated

Correct answer: Impossibility due to destruction of the specific subject matter of the contract

When a contract is for specific identified goods and those goods are destroyed through no fault of either party before risk of loss passes, the seller is discharged by impossibility due to destruction of the specific subject matter.

Question 14: Under Texas law, what is the effect of a plaintiff taking a voluntary nonsuit before presenting all evidence?

The defendant's counterclaims are automatically dismissed along with the plaintiff's claims
The court must approve the nonsuit before it becomes effective
The case is dismissed with prejudice and the plaintiff is barred from refiling
The case is dismissed without prejudice and the plaintiff may refile subject to any applicable limitations period (Correct answer)

Correct answer: The case is dismissed without prejudice and the plaintiff may refile subject to any applicable limitations period

Under TRCP 162, a plaintiff may nonsuit at any time before presenting all evidence other than rebuttal, and the dismissal is without prejudice to refiling unless otherwise barred by law.

Question 15: Authentication of a document under TRE 901 requires:

Proof beyond a reasonable doubt of the document's genuineness
A notarized attestation by the document's author
Evidence sufficient to support a finding that the item is what the proponent claims (Correct answer)
Corroborating testimony from at least two witnesses

Correct answer: Evidence sufficient to support a finding that the item is what the proponent claims

TRE 901 sets a low threshold — the proponent need only produce evidence sufficient to support a finding of genuineness.

Question 16: The barbering technique of cutting hair with scissors while a comb lifts sections away from the scalp is called:

Slide cutting
Razor-over-comb
Point cutting
Shear-over-comb (Correct answer)

Correct answer: Shear-over-comb

The shear-over-comb technique uses a comb to elevate hair while scissors cut across the comb's teeth to blend and taper.

Question 17: A condition in a contract benefits only one party. That party, without consideration, orally communicates that it will not insist on the condition. Later, before the other party detrimentally relies, the first party tries to reinstate the condition. Under contract law, may it do so?

Yes, only if the waiver was in writing
Yes, a condition can generally be retracted before the other party detrimentally relies on the waiver (Correct answer)
No, once waived a condition can never be reinstated
No, a waiver requires consideration to be valid

Correct answer: Yes, a condition can generally be retracted before the other party detrimentally relies on the waiver

A waiver of a condition can be retracted before the other party materially changes position in reliance on the waiver; after detrimental reliance, retraction is barred by estoppel.

Question 18: Under TRE 408, evidence of settlement offers and negotiations is inadmissible to prove:

The precise amount of economic damages the plaintiff suffered
A party's overall financial condition at the time of the dispute
That a party has made similar claims in prior litigation
Liability for or invalidity of the disputed claim (Correct answer)

Correct answer: Liability for or invalidity of the disputed claim

TRE 408 bars compromise evidence to prove liability or the invalidity of a claim, protecting the candor necessary for settlement negotiations.

Question 19: The emulsification process in shampoos occurs because surfactant molecules have a hydrophilic (water-loving) head and a hydrophobic (oil-loving) tail, allowing them to:

Bind permanently to the hair shaft to prevent future soiling
Cross-link hair proteins to increase tensile strength
Surround oil and sebum in micelles that are rinsed away with water (Correct answer)
Raise the pH of scalp sebum to neutralize its acidity

Correct answer: Surround oil and sebum in micelles that are rinsed away with water

Surfactant molecules arrange around oil particles with hydrophobic tails pointing inward (toward the oil) and hydrophilic heads pointing outward, forming micelles that suspend oils in water for rinsing.

Question 20: How many witnesses are required for a valid attested (formal) will in Texas?

No witnesses if the will is typed
Two credible witnesses who are at least 14 years old (Correct answer)
Three adult witnesses
One notary public

Correct answer: Two credible witnesses who are at least 14 years old

Texas requires two credible witnesses who are at least 14 years old to attest to the execution of a formal will.

Question 21: To establish an ineffective assistance of counsel claim under Strickland v. Washington, a defendant must prove:

Counsel had an active conflict of interest that adversely affected the representation
The defendant was prejudiced by counsel's actions regardless of whether the outcome would have changed
Counsel's performance fell below an objective standard of reasonableness AND a reasonable probability that, but for counsel's errors, the outcome would have been different (Correct answer)
Counsel made errors that any competent attorney would have avoided, regardless of resulting prejudice

Correct answer: Counsel's performance fell below an objective standard of reasonableness AND a reasonable probability that, but for counsel's errors, the outcome would have been different

Strickland v. Washington requires both deficient performance—below an objective standard of reasonableness—and prejudice, meaning a reasonable probability the outcome would have differed but for the errors.

Question 22: Once a parent executes an irrevocable affidavit of voluntary relinquishment in Texas, under what circumstances may it be successfully challenged?

It may be challenged only on grounds of fraud, duress, or coercion (Correct answer)
It is absolutely irrevocable and cannot be challenged under any circumstances
It may be revoked within 10 days of signing for any reason
It may be revoked at any time before entry of the final adoption order

Correct answer: It may be challenged only on grounds of fraud, duress, or coercion

A voluntary relinquishment affidavit under Texas Family Code §161.103 is irrevocable once signed, with challenge limited to proof of fraud, duress, or coercion.

Question 23: The work product doctrine primarily protects:

Routine business records of a law firm
Materials prepared by an attorney or representative in anticipation of litigation (Correct answer)
All confidential communications between attorney and client
Attorney fee agreements and retainer letters

Correct answer: Materials prepared by an attorney or representative in anticipation of litigation

The work product doctrine shields materials prepared by an attorney or their representative in anticipation of litigation or for trial preparation.

Question 24: Which type of intervening cause most likely constitutes a superseding cause that relieves the original tortfeasor of liability?

A treating physician's medical error occurring during treatment of the original injury
An emergency responder's foreseeable negligent response to the original hazard
A third party's negligent act that was a predictable response to the original danger
An unforeseeable criminal act by a third party triggered by the original defendant's negligence (Correct answer)

Correct answer: An unforeseeable criminal act by a third party triggered by the original defendant's negligence

A superseding cause is an unforeseeable independent intervening cause that breaks the causal chain; a foreseeable intervening cause — even a criminal one — does not relieve the original tortfeasor.

Question 25: Under the minimum contacts test for personal jurisdiction, what constitutional minimum is required by International Shoe Co. v. Washington?

The defendant must have minimum contacts with the forum state such that maintaining suit does not offend traditional notions of fair play and substantial justice (Correct answer)
The defendant must have a registered agent for service of process in the forum state
The defendant must be physically present in the forum state at the time of service of process
The defendant must have consented in writing to personal jurisdiction in the forum state

Correct answer: The defendant must have minimum contacts with the forum state such that maintaining suit does not offend traditional notions of fair play and substantial justice

International Shoe Co. v. Washington (1945) held that due process requires minimum contacts between the defendant and the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.

Question 26: Under Texas Estates Code §255.153, the anti-lapse statute substitutes the predeceased beneficiary's descendants when the predeceased beneficiary was:

A trust beneficiary rather than an individual bequest recipient
Any beneficiary named in the will regardless of relationship to the testator
A descendant of the testator's parents (i.e., a sibling, niece, nephew, or the testator's own descendant) (Correct answer)
Specifically named in the will with a survivorship requirement

Correct answer: A descendant of the testator's parents (i.e., a sibling, niece, nephew, or the testator's own descendant)

Texas's anti-lapse statute applies only when the predeceased beneficiary is a descendant of the testator or of the testator's parents, limiting its scope to close family members.

Question 27: When performing a fade haircut, which technique is commonly used to blend different lengths of hair?

Texturizing
Scissor-over-comb
Point cutting
Tapering (Correct answer)

Correct answer: Tapering

Tapering is a fundamental technique in fade haircuts that involves gradually shortening the hair from a longer length at the top to a very short or skin-level length at the bottom. This creates a smooth, seamless blend between different hair lengths, which is the defining characteristic of a fade. It ensures a gradual transition without harsh lines.

Question 28: Chemical hair relaxers permanently straighten hair by:

Coating the hair shaft with a straightening polymer film
Hydrating the cortex until the curl pattern relaxes
Breaking and reforming disulfide bonds within the cortex (Correct answer)
Temporarily straightening the hair shaft with sustained heat

Correct answer: Breaking and reforming disulfide bonds within the cortex

Relaxers use chemicals to permanently break the disulfide bonds in the cortex, altering the curl pattern until new hair grows in.

Question 29: The chemical compound melanin, which gives hair its color, is produced by cells called:

Keratinocytes
Fibroblasts
Sebocytes
Melanocytes (Correct answer)

Correct answer: Melanocytes

Melanocytes are specialized cells in the hair bulb and epidermis that produce melanin pigment, which is then transferred to cortical cells of the hair shaft.

Question 30: For a stepparent adoption to proceed in Texas when the other biological parent is living, what is required?

Appointment of a guardian ad litem for the biological parent
A home study conducted by a licensed child-placing agency
Only the child's written consent if the child is 12 or older
The living biological parent must consent or have parental rights judicially terminated (Correct answer)

Correct answer: The living biological parent must consent or have parental rights judicially terminated

A stepparent adoption requires either the biological parent's consent or a court order terminating that parent's rights before the adoption may be granted.

Question 31: What is the maximum percentage of net income that can be ordered for child support for one child in Texas?

20% (Correct answer)
15%
25%
30%

Correct answer: 20%

Texas guidelines set child support for one child at 20% of the obligor's net monthly resources, with percentages increasing for additional children.

Question 32: Under the Texas child support guidelines, what percentage of net monthly resources is owed for support of one child?

30%
20% (Correct answer)
15%
25%

Correct answer: 20%

Texas Family Code §154.125 sets the guideline at 20% of the obligor's net monthly resources for one child.

Question 33: What is the standard for granting summary judgment under FRCP Rule 56?

The movant demonstrates that the opposing party has no credible witnesses to support its claims
The opposing party fails to submit any response to the motion for summary judgment
The weight of the evidence favors the movant by a preponderance of the evidence
There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)

Correct answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law

FRCP 56(a) provides that summary judgment is appropriate when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Question 34: What formal requirements must a Texas premarital agreement satisfy to be enforceable?

It must be acknowledged before a notary public
It must be filed with the county clerk before the wedding
Each party must be represented by independent legal counsel
It must be in writing and signed by both parties; no consideration beyond the marriage is required (Correct answer)

Correct answer: It must be in writing and signed by both parties; no consideration beyond the marriage is required

Texas Family Code §4.002 requires only that a premarital agreement be in writing and signed by both parties; the marriage itself serves as sufficient consideration.

Question 35: Under Texas law, which communication falls OUTSIDE the physician-patient privilege?

Medical records shared with a consulting specialist
Confidential statements to a treating physician about symptoms
A patient's statement about the cause of injury made for treatment
Records of a court-ordered psychiatric examination (Correct answer)

Correct answer: Records of a court-ordered psychiatric examination

Records from a court-ordered examination are not privileged because confidentiality is not the premise of such an examination.

Question 36: A small town police officer pulled over a driver for speeding. He believed that the driver was acting irritable and fidgety, but he had no articulable reason to think anything was wrong. He searched the car anyway and found two cartons of freshly canned peaches, which were owned by the driver's neighbor and reported stolen off of her porch 24 hours earlier. Authorities charged him with theft under the state criminal code. His motion to suppress the evidence because of an unlawful search was denied. On appeal, will the appellate court likely reverse the lower court decision denying the motion to suppress?

Yes, because the search was unconstitutional due to the officer having no probable cause that would justify searching the car. (Correct answer)
No, the stop and the search were within the normal bounds of propriety for a speeding stop.
Yes, because when a car is pulled over for speeding, the officer must always obtain a search prior to making any search.
No, because driver being fidgety is enough for a probable cause full search of the vehicle.

Correct answer: Yes, because the search was unconstitutional due to the officer having no probable cause that would justify searching the car.

The Fourth Amendment protects individuals from unreasonable searches and seizures, requiring probable cause for a search. While the officer had a valid reason to stop the car for speeding, the driver's 'irritable and fidgety' demeanor alone does not establish probable cause to believe that criminal activity was afoot or that evidence of a crime would be found in the car. Therefore, the subsequent search of the vehicle without probable cause or another valid exception to the warrant requirement was unconstitutional, making the evidence inadmissible.

Question 37: During custodial interrogation, a suspect says 'I think I want a lawyer.' Officers continue questioning without providing counsel and obtain incriminating statements. Under Davis v. United States, the suspect's statement about a lawyer:

Was sufficient if the officer subjectively understood it as a request for counsel
Required police to ask once whether the suspect wanted an attorney before continuing
Was not sufficient because the right to counsel must be invoked unambiguously; ambiguous references do not obligate police to stop questioning (Correct answer)
Was sufficient to invoke the right to counsel, requiring all questioning to cease immediately

Correct answer: Was not sufficient because the right to counsel must be invoked unambiguously; ambiguous references do not obligate police to stop questioning

Under Davis v. United States, a suspect must unambiguously invoke the right to counsel; ambiguous or equivocal statements about wanting an attorney do not require police to cease questioning.

Question 38: An easement by necessity arises when:

A landlocked parcel is created when a common grantor conveys part of a unified tract (Correct answer)
A party uses another's land openly for 10 years without permission
Two neighbors orally agree to share a common driveway
A party records an easement claim in the county deed records

Correct answer: A landlocked parcel is created when a common grantor conveys part of a unified tract

An easement by necessity requires unity of prior ownership and a subsequent severance that leaves one parcel landlocked with no other access.

Question 39: Under FRCP Rule 26(b)(1), what is the permissible scope of discovery in federal civil litigation?

Any information relevant to the subject matter of the lawsuit, whether or not admissible at trial
Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case (Correct answer)
Only documents and electronically stored information, not oral testimony or depositions
Only information that is directly admissible as evidence at trial

Correct answer: Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case

FRCP 26(b)(1), as amended in 2015, limits discovery to nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case.

Question 40: Which of the following future interests is held by a third party rather than the grantor?

Remainder (Correct answer)
Right of entry (power of termination)
Reversion
Possibility of reverter

Correct answer: Remainder

A remainder is a future interest created in a third party that becomes possessory upon the natural expiration of a prior estate; reversions, possibilities of reverter, and rights of entry are all retained by the grantor.

Question 41: When a Texas estate has insufficient assets to pay all legacies, which class of bequests abates LAST (is paid first)?

Specific bequests (Correct answer)
Demonstrative bequests
Residuary bequests
General bequests

Correct answer: Specific bequests

Under the Texas abatement order, residuary bequests are exhausted first, then general, then demonstrative, and specific bequests are the last to abate.

Question 42: The primary distinction between trespass to chattels and conversion is:

Whether the defendant acted intentionally or negligently
Whether the plaintiff suffered any accompanying physical injury
The severity of the interference — minor interference versus a serious deprivation of the owner's rights (Correct answer)
Whether the chattel was ultimately returned to the owner before suit was filed

Correct answer: The severity of the interference — minor interference versus a serious deprivation of the owner's rights

Trespass to chattels involves minor interference with personal property; conversion involves a serious, substantial interference justifying a forced sale at fair market value.

Question 43: The Self-Incrimination Clause of the Fifth Amendment protects individuals from being compelled to be witnesses against themselves. This protection applies to:

Testimonial evidence only, not physical or real evidence (Correct answer)
Any evidence that might embarrass or humiliate the defendant
All evidence in the government's possession, including documents voluntarily prepared
Testimony by corporations and their officers without distinction

Correct answer: Testimonial evidence only, not physical or real evidence

The Fifth Amendment privilege against self-incrimination protects only testimonial or communicative evidence, not physical evidence such as blood samples, handwriting exemplars, or voice identification.

Question 44: A defendant charged with a felony insists on representing himself at trial despite the judge's warning that self-representation is unwise. Under Faretta v. California, the court:

May deny the request because the defendant's lack of legal training would result in an ineffective defense
May allow self-representation only for misdemeanor charges, not felonies
Must allow self-representation if the defendant knowingly, voluntarily, and intelligently waives the right to counsel (Correct answer)
Must deny the request and appoint standby counsel to conduct the defense instead

Correct answer: Must allow self-representation if the defendant knowingly, voluntarily, and intelligently waives the right to counsel

Under Faretta v. California, a defendant has a Sixth Amendment right to self-representation and may waive appointed counsel, provided the waiver is knowing, voluntary, and intelligent.

Question 45: Under Texas law, a court may appoint a guardian for an adult when:

The person is over 70 years of age and lives alone
A physician certifies any degree of mental illness
A family member petitions without objection from the proposed ward
The person lacks sufficient capacity to manage their personal affairs or property due to a mental or physical condition (Correct answer)

Correct answer: The person lacks sufficient capacity to manage their personal affairs or property due to a mental or physical condition

Texas requires proof that the proposed ward is an incapacitated person lacking sufficient capacity to care for themselves or manage their property before a guardian may be appointed.

Question 46: Which of the following is NOT a basis for subject matter jurisdiction in federal court?

Supplemental jurisdiction under 28 U.S.C. § 1367
Diversity of citizenship jurisdiction under 28 U.S.C. § 1332
Personal jurisdiction based on the defendant's contacts with the forum state (Correct answer)
Federal question jurisdiction under 28 U.S.C. § 1331

Correct answer: Personal jurisdiction based on the defendant's contacts with the forum state

Personal jurisdiction governs a court's authority over the parties, not the type of dispute; it is not a form of subject matter jurisdiction.

Question 47: Under the common law, which factor is LEAST relevant when determining whether a breach is material?

The extent to which the breaching party will suffer forfeiture
The extent to which the non-breaching party received the expected benefit
The color of ink used to sign the contract (Correct answer)
The likelihood that the breaching party will cure

Correct answer: The color of ink used to sign the contract

Materiality of breach is assessed using the Restatement factors, including extent of deprivation, likelihood of cure, and hardship to the breacher — the physical characteristics of the signature are irrelevant.

Question 48: A client believes a Texas barber violated their rights during a service. The appropriate agency for the client to file a formal complaint is:

The Texas State Bar Association
The Better Business Bureau
The Texas Medical Board
The Texas Department of Licensing and Regulation (TDLR) (Correct answer)

Correct answer: The Texas Department of Licensing and Regulation (TDLR)

TDLR is the state agency that licenses and regulates barbers in Texas and handles complaints against licensed barbers.

Question 49: What standard does a Texas court apply when dividing community property upon divorce?

Just and right division having due regard for the rights of each party (Correct answer)
Division solely according to a written marital agreement
Equitable distribution based solely on financial contributions
Strict equal (50/50) division in all cases

Correct answer: Just and right division having due regard for the rights of each party

Texas Family Code §7.001 requires courts to divide the community estate in a 'just and right' manner, which may result in an unequal split based on relevant equitable factors.

Question 50: A testator who suffers from an insane delusion may lack testamentary capacity only if:

Any insane delusion is shown to exist at the time the will was executed
The insane delusion concerned the testator's family members or property
The insane delusion actually influenced the testamentary disposition (Correct answer)
The testator was hospitalized for psychiatric treatment at the time of execution

Correct answer: The insane delusion actually influenced the testamentary disposition

An insane delusion invalidates a will only when there is a causal connection between the delusion and the testamentary act — the delusion must have affected what the testator did in the will.

Question 51: To be effective under Texas law and the federal tax code, a disclaimer of an inherited interest must generally be filed within:

Two years of the decedent's death
One year of the decedent's death
Nine months of the decedent's death or nine months after the disclaimant turns 21 (Correct answer)
Six months of the decedent's death

Correct answer: Nine months of the decedent's death or nine months after the disclaimant turns 21

Both Texas Estates Code §240.009 and IRC §2518 require a qualified disclaimer to be filed within nine months of the transfer (or nine months after the disclaimant turns 21).

Question 52: A general contractor relies on a subcontractor's bid when preparing its own bid for a city project. The general contractor wins the project based on the subcontractor's price, but the subcontractor then refuses to honor its bid. Under promissory estoppel, which element is most critical?

That the general contractor detrimentally and foreseeably relied on the subcontractor's promise (Correct answer)
That the city approved the subcontractor's participation
That the subcontractor received consideration for its bid
The existence of a signed written contract between the parties

Correct answer: That the general contractor detrimentally and foreseeably relied on the subcontractor's promise

Promissory estoppel under the Restatement § 90 requires a clear promise, foreseeable and actual detrimental reliance, and injustice absent enforcement — in the sub-bid context, foreseeable detrimental reliance by the general contractor is the pivotal element.

Question 53: Under what circumstance is a Texas premarital agreement unenforceable?

The agreement does not address the division of community property
The party against whom enforcement is sought proves the agreement was not signed voluntarily (Correct answer)
Neither party retained independent legal counsel before signing
It was signed fewer than 30 days before the wedding

Correct answer: The party against whom enforcement is sought proves the agreement was not signed voluntarily

Texas Family Code §4.006 provides that a premarital agreement is unenforceable if the challenging party proves it was not signed voluntarily or that it was unconscionable when signed and the party lacked fair disclosure.

Question 54: Alopecia areata is believed to be caused by:

Fungal infection of the hair follicle
Chronic deficiency of biotin and iron
Autoimmune attack on hair follicles (Correct answer)
Mechanical trauma from tight hairstyles

Correct answer: Autoimmune attack on hair follicles

Alopecia areata is an autoimmune condition in which the immune system mistakenly attacks hair follicles, causing patchy, non-scarring hair loss.

Question 55: Which factor is EXPRESSLY prohibited from consideration when a Texas court makes a conservatorship or possession determination?

The child's expressed preference if the child is 12 or older
The race or ethnicity of either parent or the child (Correct answer)
Each parent's ability to provide stable housing
A parent's history of domestic violence

Correct answer: The race or ethnicity of either parent or the child

Texas Family Code §153.003 expressly prohibits the court from considering the race or ethnicity of the parent, child, or any other party in conservatorship decisions.

Question 56: A criminal defendant went to trial and was convicted. After exhausting his appeals, he filed for post-conviction relief, alleging that he had been deprived of his Sixth Amendment right to the effective assistance of counsel. He established that his counsel had not advised him of the benefits of plea bargaining, and had withheld several offers for guilty pleas from the government. The offers expired for lack of a response. The sentence he received was at least seven to eight years more than if he had entered a guilty plea. Will the court likely decide that the defendant was denied the effective assistance of counsel?

When the defendant indicates he wants to fight the charges, there is no need for counsel to relay plea offers or discuss the options with him.
Yes, because plea bargaining is a critical stage of a criminal case and an attorney who ignores that process is constitutionally ineffective. (Correct answer)
No, because plea bargaining is not a critical necessity in a criminal case and counsel has no duty to discuss such options with the defendant.
Because this defendant was convicted at a fair trial he didn’t lose any rights and was not prejudiced by his lawyer’s mistakes.

Correct answer: Yes, because plea bargaining is a critical stage of a criminal case and an attorney who ignores that process is constitutionally ineffective.

Plea bargaining is recognized as a critical stage of a criminal proceeding, where a defendant has a Sixth Amendment right to effective assistance of counsel. An attorney's failure to inform a client of plea offers or to advise them on the benefits and risks of such offers falls below an objective standard of reasonableness. If this deficient performance prejudices the defendant by leading to a significantly harsher sentence than they would have received through a plea, it constitutes ineffective assistance of counsel.

Question 57: How may a finding of marital fault affect community property division in a Texas divorce?

Fault may be one factor supporting a disproportionate award to the innocent spouse (Correct answer)
Fault is irrelevant and may not be considered in any property division
Fault only affects attorney fee awards, not property division
Fault automatically entitles the innocent spouse to 60% of community property

Correct answer: Fault may be one factor supporting a disproportionate award to the innocent spouse

Texas courts may consider fault—such as adultery or cruel treatment—as one factor when making a just and right division of community property.

Question 58: Which of the following is most likely classified as an easement in gross rather than an easement appurtenant?

A utility company's right to run power lines across private property (Correct answer)
A right-of-way granted to the owner of an adjacent parcel to cross the grantor's land
An access easement benefiting a landlocked parcel
A shared driveway agreement between neighboring landowners

Correct answer: A utility company's right to run power lines across private property

A utility easement benefits a company rather than a particular parcel of land, making it an easement in gross.

Question 59: What standard of proof is required to involuntarily terminate parental rights under the Texas Family Code?

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

Correct answer: Clear and convincing evidence

Texas Family Code §161.001 and constitutional due process require clear and convincing evidence to support an involuntary termination of parental rights.

Question 60: In barbering, a 'taper' refers to:

Adding hair extensions to increase volume at the crown
A sharp, unblended line at the hairline
A gradual decrease in hair length from the top toward the sides and nape (Correct answer)
Coloring the hair progressively from root to tip

Correct answer: A gradual decrease in hair length from the top toward the sides and nape

A taper progressively shortens the hair from longer on top to shorter at the sides and nape, creating a smooth transition.

Question 61: In Texas, what is an 'independent administration' of an estate?

Administration with minimal court supervision after initial appointment (Correct answer)
Administration that does not require a will
Administration by a corporate trustee
Administration handled entirely by the court

Correct answer: Administration with minimal court supervision after initial appointment

Independent administration allows the executor to manage the estate with minimal ongoing court oversight, reducing costs and delays. It can be established by will provisions or heir agreement.

Question 62: Under TRE 404(b), evidence of a party's prior bad acts is admissible to prove:

Intent, motive, plan, identity, or absence of mistake, but not character (Correct answer)
That the defendant likely committed the charged offense
Negligence per se in civil cases
Character as proof of conforming conduct on the occasion at issue

Correct answer: Intent, motive, plan, identity, or absence of mistake, but not character

TRE 404(b) allows prior bad acts evidence only for non-character purposes such as intent, motive, plan, identity, or absence of mistake.

Question 63: Which of the following surfaces in a Texas barbershop must be disinfected between each client?

Only the implements used during the service
Only the mirror and counter area
Only the floor around the barber chair
All multi-use tools and chair surfaces that contacted the client (Correct answer)

Correct answer: All multi-use tools and chair surfaces that contacted the client

Texas regulations require all multi-use tools and any chair surfaces that came into contact with the client to be disinfected between clients.

Question 64: Which of the following is an express statutory ground for involuntary termination of parental rights under Texas Family Code §161.001?

Parent filed for bankruptcy during an open CPS case
Parent relocated outside Texas without prior court approval
Parent knowingly placed the child in conditions that endangered the child's physical or emotional well-being (Correct answer)
Parent failed to attend two consecutive scheduled visits

Correct answer: Parent knowingly placed the child in conditions that endangered the child's physical or emotional well-being

Texas Family Code §161.001(b)(1)(D) authorizes termination when a parent knowingly placed or allowed the child to remain in endangering conditions or surroundings.

Question 65: Which statement correctly describes the 'two-dismissal rule' under FRCP 41(a)(1)(B)?

If a plaintiff previously dismissed the same claim in any court, a second voluntary dismissal operates as an adjudication on the merits (Correct answer)
A plaintiff may not file two separate motions to dismiss in the same federal case
A plaintiff who files two nonsuits must reimburse the defendant's total attorney's fees
A plaintiff may voluntarily dismiss the same claim at most twice before the court enters judgment on the merits

Correct answer: If a plaintiff previously dismissed the same claim in any court, a second voluntary dismissal operates as an adjudication on the merits

FRCP 41(a)(1)(B) provides that a second voluntary dismissal of a previously dismissed claim operates as an adjudication on the merits, barring the plaintiff from refiling that claim.

Question 66: T bequeaths 'my red Toyota Camry' to A. Before T's death, T sells the Camry and spends the proceeds. Under Texas ademption rules, A receives:

The fair market value of the car paid from the residuary estate
A substitute vehicle of equivalent value from the estate
Nothing, because the specific bequest has adeemed by extinction (Correct answer)
The sale proceeds if they remain traceable in the estate

Correct answer: Nothing, because the specific bequest has adeemed by extinction

Under the identity theory, a specific bequest of property that no longer exists in the estate at death adeems, and the beneficiary receives nothing.

Question 67: What is the approximate pH range of a lye (sodium hydroxide) hair relaxer?

7.0 (neutral)
12.0–14.0 (Correct answer)
9.0–10.0
4.5–6.5

Correct answer: 12.0–14.0

Sodium hydroxide relaxers have a very high pH of 12–14, making them highly alkaline in order to penetrate and restructure the hair shaft.

Question 68: A barber notices an open cut on a client's scalp before beginning a service. What is the correct action?

Refuse to perform any service over that area (Correct answer)
Cover with a bandage and proceed normally
Apply antiseptic and continue with the service
Proceed carefully and avoid the immediate area

Correct answer: Refuse to perform any service over that area

Barbers must not perform services over open wounds to prevent infection, pathogen exposure, and cross-contamination.

Question 69: How should a Texas barber handle a clipper blade that has been used on a client with a scalp infection?

Boil the blade in water for 5 minutes
Spray with alcohol and reuse immediately
Remove the blade, clean debris, and fully disinfect before reuse (Correct answer)
Wipe with a dry cloth and continue use

Correct answer: Remove the blade, clean debris, and fully disinfect before reuse

The blade must be removed, cleaned of all hair and debris, then fully disinfected according to TDLR-approved procedures before being used on another client.

Question 70: How often should barber chairs and workstations be cleaned and disinfected?

At the end of each day
Once a week
Only when visibly dirty
After every client (Correct answer)

Correct answer: After every client

To maintain proper sanitation and prevent the spread of germs and infections, barber chairs and workstations, along with all tools, must be thoroughly cleaned and disinfected after each client. This ensures that each new client is served in a hygienic environment, minimizing health risks and complying with public health regulations. Regular cleaning is essential for client safety.

Question 71: What is the primary function of the sebaceous glands in the skin?

To absorb nutrients
To produce sebum (Correct answer)
To regulate body temperature
To produce sweat

Correct answer: To produce sebum

Sebaceous glands are microscopic exocrine glands in the skin that produce and secrete an oily or waxy substance called sebum. Sebum's primary function is to lubricate the skin and hair, preventing them from drying out and providing a protective barrier. This process is distinct from sweat production or body temperature regulation.

Question 72: Under the Texas Family Code, what is the residency requirement for filing a divorce petition?

One spouse must have been a Texas domiciliary for 6 months and a county resident for 90 days (Correct answer)
No residency requirement exists
Both spouses must have lived in Texas for 1 year
Either spouse must have lived in Texas for 30 days

Correct answer: One spouse must have been a Texas domiciliary for 6 months and a county resident for 90 days

Texas requires one spouse to have been domiciled in the state for at least 6 months and a resident of the filing county for at least 90 days before filing.

Question 73: In Texas, which ground for divorce does NOT require proof of fault?

Abandonment
Adultery
Insupportability (no-fault) (Correct answer)
Cruelty

Correct answer: Insupportability (no-fault)

Insupportability is Texas's no-fault divorce ground, requiring only that the marriage has become insupportable due to discord or conflict with no reasonable expectation of reconciliation.

Question 74: A Texas barber's license expired three months ago. They have been continuing to work without renewing. Which statement best describes this situation?

Acceptable during a grace period of up to six months
A minor administrative oversight with no consequences
Legal if no client complaints have been filed
An unlawful practice that exposes the barber to TDLR penalties (Correct answer)

Correct answer: An unlawful practice that exposes the barber to TDLR penalties

Practicing with an expired license violates the Texas Occupations Code and subjects the barber to fines and disciplinary action by TDLR.

Question 75: A spendthrift provision in a trust primarily serves to:

Limit distributions exclusively to health, education, and support expenses
Restrict the beneficiary from assigning future payments and protect them from creditors reaching the trust interest (Correct answer)
Prevent the trustee from making discretionary distributions without court approval
Terminate the trust automatically if the beneficiary files for bankruptcy

Correct answer: Restrict the beneficiary from assigning future payments and protect them from creditors reaching the trust interest

A spendthrift clause prohibits both voluntary assignment by the beneficiary and involuntary attachment by creditors, protecting the trust interest until distributed.

Question 76: Under Texas barbering rules, non-porous wet implements that contact a client's skin must be disinfected:

Once per day if stored in a covered container
Between every client (Correct answer)
Weekly during scheduled deep-cleaning sessions
Only at the start of each shift

Correct answer: Between every client

All implements that contact skin must be properly disinfected between each and every client to prevent cross-contamination.

Question 77: Under TRE 407, evidence of subsequent remedial measures is inadmissible to prove:

Negligence or other culpable conduct (Correct answer)
Feasibility of safer precautionary measures when that is genuinely in dispute
Any fact in a strict products liability action
Ownership or control over the premises or product

Correct answer: Negligence or other culpable conduct

TRE 407 bars subsequent remedial measures evidence to prove negligence or culpable conduct, though it is admissible for ownership, control, or feasibility.

Question 78: For a marriage that lasted between 10 and 20 years, what is the maximum duration of a Texas spousal maintenance award?

5 years (Correct answer)
10 years
2 years
7 years

Correct answer: 5 years

Texas Family Code §8.054(a)(2) limits spousal maintenance to a maximum of 5 years for marriages that lasted at least 10 but less than 20 years.

Question 79: A buyer breaches a contract for the sale of land. The seller resells the land at $20,000 less than the contract price. Which remedy best describes the seller's recovery?

Restitution of the seller's out-of-pocket expenditures
Specific performance compelling the buyer to purchase
The difference between the contract price and the resale price as expectation damages (Correct answer)
Punitive damages for intentional breach

Correct answer: The difference between the contract price and the resale price as expectation damages

When a buyer breaches a real estate contract and the seller resells, the seller's expectation damages are typically the difference between the contract price and the lower resale price, plus incidental costs.

Question 80: Under the Federal Rules of Civil Procedure, how many days does a defendant have to respond to a complaint after being served?

30 days
60 days
21 days (Correct answer)
14 days

Correct answer: 21 days

FRCP Rule 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.

Question 81: Under Texas TDLR sanitation rules, which type of infection is MOST commonly associated with failure to properly disinfect clipper blades between clients?

Conjunctivitis
Strep throat
Influenza
Tinea (ringworm / fungal infection) (Correct answer)

Correct answer: Tinea (ringworm / fungal infection)

Tinea (ringworm/fungal infection) of the scalp is most commonly spread in barbershops through contaminated clipper blades and combs that are not properly disinfected.

Question 82: Under Texas barber sanitation rules, the barber chair headrest cover must be changed:

Once in the morning and once in the afternoon
Only when visibly soiled
Once daily at closing
After every client (Correct answer)

Correct answer: After every client

The headrest cover or paper must be changed between every client to prevent cross-contamination from skin contact.

Question 83: Which scenario best illustrates the 'but-for' test for actual causation in a negligence claim?

The plaintiff's injury would not have occurred but for the defendant's negligent act (Correct answer)
The defendant's negligence was one of many contributing factors to the injury
The plaintiff would have been injured regardless of the defendant's conduct
The defendant's conduct was a foreseeable cause of the plaintiff's type of injury

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

The but-for test asks whether the plaintiff's harm would have occurred if the defendant had not been negligent — if the answer is 'no,' causation is established.

Question 84: Texas does not have a surviving spouse elective share statute primarily because:

Texas allows a surviving spouse to claim a 25% forced share by filing a timely claim with the probate court
The Texas Constitution prohibits all forms of forced heirship
Federal law preempts any state-law elective share for surviving spouses
Texas is a community property state and the surviving spouse already owns one-half of community property (Correct answer)

Correct answer: Texas is a community property state and the surviving spouse already owns one-half of community property

Because each spouse already owns an undivided one-half interest in community property during the marriage, Texas deems an elective share statute unnecessary.

Question 85: Under Texas law, which of the following is classified as a spouse's separate property?

Rental income derived from community property
Real estate purchased with community funds during marriage
Wages earned by either spouse during the marriage
An inheritance received by one spouse during marriage (Correct answer)

Correct answer: An inheritance received by one spouse during marriage

Texas Family Code §3.001 defines separate property to include property acquired by gift, devise, or descent, including inheritances received during marriage.

Question 86: A Texas barber advertises in a local newspaper claiming to offer 'guaranteed cures for baldness.' This advertisement is:

Required by law to include medical endorsements
Allowed if it includes a disclaimer
Unethical and potentially illegal under TDLR and consumer protection rules (Correct answer)
Acceptable if the barber has personally seen results

Correct answer: Unethical and potentially illegal under TDLR and consumer protection rules

Making false or misleading therapeutic claims in advertising violates TDLR ethical standards and Texas consumer protection laws.

Question 87: The cortex of the hair shaft is primarily composed of which protein?

Elastin
Fibrin
Keratin (Correct answer)
Collagen

Correct answer: Keratin

The hair cortex is made primarily of alpha-keratin, a fibrous structural protein containing high levels of the amino acid cysteine which forms disulfide bonds.

Question 88: A self-proved will under Texas law has what primary procedural advantage at probate?

It is admitted to probate without the necessity of witness testimony to prove due execution (Correct answer)
It requires acknowledgment before a judge rather than a notary
It can never be contested on any ground
It must be re-executed every five years to remain self-proved

Correct answer: It is admitted to probate without the necessity of witness testimony to prove due execution

A self-proved will contains a sworn affidavit from the witnesses, allowing it to be admitted to probate without summoning witnesses to testify to proper execution.

Question 89: Which of the following matters may a Texas premarital agreement validly address?

Penalizing the spouse who initiates the divorce proceeding
Modifying or eliminating spousal maintenance rights upon divorce (Correct answer)
Waiving a child's statutory right to receive support from either parent
Altering property rights without any financial disclosure to the other party

Correct answer: Modifying or eliminating spousal maintenance rights upon divorce

Texas Family Code §4.003(a)(3) expressly permits a premarital agreement to modify or eliminate spousal support (maintenance) rights that would otherwise arise upon divorce.

Question 90: In Texas, which of the following is NOT an acceptable method of sterilization for barber implements?

Autoclave (steam under pressure)
UV sanitizing cabinet (Correct answer)
Dry heat oven at appropriate temperature and time
Immersion in 70% isopropyl alcohol

Correct answer: UV sanitizing cabinet

UV sanitizing cabinets only sanitize surfaces exposed to UV light and do not achieve true sterilization; they are not an approved sterilization method.

Question 91: A contractor threatens to walk off a construction project midway through unless the owner agrees to pay an additional $50,000 beyond the contract price. The owner, facing serious losses if the project stops, agrees. Later, the owner seeks to avoid the modification. Which doctrine best supports the owner?

Mutual mistake
Frustration of purpose
Lack of consideration for the modification
Economic duress (business compulsion) (Correct answer)

Correct answer: Economic duress (business compulsion)

Economic duress (business compulsion) allows a party to avoid a contract or modification when the other party made a wrongful threat that left no reasonable alternative but to comply.

Question 92: Which of the following is required for a validly attested (non-holographic) will in Texas?

One disinterested witness who is not a beneficiary under the will
Two credible witnesses who sign in the testator's presence (Correct answer)
Notarization and two witnesses who sign before a judge
Three witnesses, at least one of whom must be a notary

Correct answer: Two credible witnesses who sign in the testator's presence

Texas Estates Code §251.051 requires a written will signed by the testator and attested by two or more credible witnesses who sign in the testator's presence.

Question 93: Under Texas Rule of Civil Procedure 329b(c), what happens to a timely filed motion for new trial if the trial court has not ruled on it within 75 days after the judgment is signed?

The court retains unlimited time to rule on the motion for new trial
The appellate timetable is suspended until the court actually rules on the motion
The motion is deemed granted and the case is automatically set for retrial
The motion is deemed denied by operation of law at the expiration of the 75-day period (Correct answer)

Correct answer: The motion is deemed denied by operation of law at the expiration of the 75-day period

Under TRCP 329b(c), a motion for new trial not ruled upon by written order within 75 days after the judgment is signed is overruled by operation of law at the expiration of that period.

Question 94: Officers apprehend a robbery suspect at the scene but find no gun on him. Without Miranda warnings, an officer asks 'Where is the gun?' to prevent bystanders from being harmed. The suspect reveals the gun's location. Under New York v. Quarles, this statement is:

Admissible under the public safety exception to Miranda because the question addressed an immediate threat to public safety (Correct answer)
Inadmissible because the officer's motive was partly investigative
Inadmissible because Miranda warnings are required before any custodial questioning
Admissible only if the suspect confirmed the statement after later receiving Miranda warnings

Correct answer: Admissible under the public safety exception to Miranda because the question addressed an immediate threat to public safety

Under New York v. Quarles, the public safety exception permits officers to question a suspect in custody without Miranda warnings when necessary to address an immediate threat to public safety.

Question 95: If a disinfectant solution becomes visibly cloudy or contaminated during the workday, a Texas barber should:

Add more disinfectant concentrate to strengthen it
Discard it, clean the container, and prepare a fresh solution (Correct answer)
Filter it through a cloth before further use
Continue using it until the end of the shift

Correct answer: Discard it, clean the container, and prepare a fresh solution

Cloudy or visibly contaminated disinfectant solution is no longer effective and must be discarded; the container must be cleaned before a fresh solution is prepared.

Question 96: Before performing any chemical service, a barber should always begin by:

Trimming split ends to ensure even chemical absorption throughout the hair
Performing a thorough scalp analysis to identify abrasions, sensitivity, or contraindications (Correct answer)
Applying a heavy conditioning treatment to protect the hair from chemical damage
Shampooing with a clarifying shampoo and immediately applying the product

Correct answer: Performing a thorough scalp analysis to identify abrasions, sensitivity, or contraindications

A scalp analysis identifies cuts, sores, sensitivity, or other conditions that would make a chemical service unsafe before any product is applied.

Question 97: Which of the following debts is presumed to be a community debt under Texas law?

Medical debt from an illness one spouse had prior to marriage
A mortgage executed solely by one spouse before marriage
A student loan incurred by one spouse before marriage
A credit card debt incurred by one spouse during marriage for household expenses (Correct answer)

Correct answer: A credit card debt incurred by one spouse during marriage for household expenses

Just as property acquired during marriage is presumed community, debts incurred during marriage are presumed to be community obligations under Texas law.

Question 98: A Texas barber who has an open cut on their hand should:

Skip the service until fully healed
Notify TDLR immediately before returning to work
Cover the wound with a bandage and wear a glove over it during services (Correct answer)
Apply antiseptic and continue without any covering

Correct answer: Cover the wound with a bandage and wear a glove over it during services

A barber with an open cut should cover the wound with a bandage and wear a protective glove to prevent exposure to bloodborne pathogens from client contact.

Question 99: The United States Congress passed, and the President signed, a law called the “American Morality Leadership Act” which limits the amount of makeup that women or men can wear in public and precludes the wearing of short dresses. Men over 65 must wear only brown or grey attire, while those under 65 must wear button down dress shirts with neckties, except for when they are exercising or working physically. The Act has other restrictions and specifications for dress and grooming mandates for men and women. A class action was filed to challenge the Act based on a constitutional attack. Which argument listed below more closely reflects the constitutional argument that is most likely to succeed in court?

The law is unconstitutional because it infringes on fundamental rights of the individual. (Correct answer)
The law is unconstitutional because it violates procedural due process.
The law is unconstitutional because it is primarily discriminatory against women's rights.
The law is unconstitutional because it violates Title VII of the Civil Rights Act.

Correct answer: The law is unconstitutional because it infringes on fundamental rights of the individual.

The appellate court will likely reverse the lower court's decision because the search was unconstitutional, lacking probable cause. While an officer can stop a vehicle for a traffic violation like speeding, they generally need probable cause or reasonable suspicion of criminal activity to conduct a search of the vehicle. The driver being 'irritable and fidgety' without any articulable reason for suspicion is typically insufficient to justify a warrantless search under the Fourth Amendment.

Question 100: Which principle explains why two like electrical poles repel each other and why galvanic current can drive solutions into the skin?

The law of conservation of energy
Faraday's electromagnetic induction
Ohm's Law
Iontophoresis via electrophoresis principles (Correct answer)

Correct answer: Iontophoresis via electrophoresis principles

Iontophoresis uses the principle that like charges repel — a negative electrode drives negative ions (anions) into the skin while a positive electrode drives positive ions (cations).

Question 101: When a Texas decedent dies intestate survived by a spouse and children who are not children of the surviving spouse, what interest does the surviving spouse take in the decedent's separate real property?

No interest in the separate real property
Fee simple ownership of one-half of the separate real property
A life estate in one-third of the separate real property (Correct answer)
Fee simple ownership of all separate real property

Correct answer: A life estate in one-third of the separate real property

Under Texas Estates Code §201.002, when the decedent's children are not also children of the surviving spouse, the spouse takes only a life estate in one-third of separate real property.

Question 102: A retailer agreed to purchase an orchard's total cherry production for a 12-month period. The contract included this provision: "Terms: Cash upon delivery — deliveries to be made at least twice per month." The deliveries went as scheduled. At the beginning of the fifth month, the orchard sent notice to the retailer that a load of cherries was ready for pick up. The truck driver, however, forgot to take the retailer's check with him. The orchard turned over the cherries but advised the retailer to pay within three days. The retailer sent the check by mail but it arrived late by two days. The orchard refused to deliver any more cherries. The retailer sued the orchard for breach of the installment contract and demanded the difference in price between the cherries on the open market and what he would have paid under the contract. The orchard claimed that the delayed payment impaired the value of the contract and moved to dismiss. Will the court grant the orchard's motion to dismiss?

No, there is always a grace period of ten days for any single payment pertaining to an installment contract. (Correct answer)
Yes, the failure to make an installment on time was a breach because time is of the essence in all installment agreements.
Yes, the agreement called for cash at delivery, which was not done when the driver forgot to deliver the check.
No, there is always a grace period of ten days for any single payment pertaining to an installment contract.

Correct answer: No, there is always a grace period of ten days for any single payment pertaining to an installment contract.

Under an installment contract, a single non-conforming installment, such as a slightly delayed payment, does not automatically constitute a breach of the entire contract unless it substantially impairs the value of the whole contract. The UCC generally allows for a party to cure a minor breach. While the contract specified 'cash upon delivery,' a two-day delay in payment for one installment, especially when the goods were delivered and payment was sent, is unlikely to be considered a substantial impairment justifying termination of the entire contract, and a grace period may apply.

Question 103: What is the time limit for probating a will in Texas after the testator's death?

Two years
No time limit
Four years (Correct answer)
One year

Correct answer: Four years

Texas Estates Code requires a will to be presented for probate within four years of the testator's death. After that, the will generally cannot be admitted to probate.

Question 104: Maria witnesses her husband being struck by a negligently driven car. She was not physically endangered but suffers severe emotional distress. Under Texas law, can Maria recover for negligent infliction of emotional distress (NIED)?

Yes, automatically as the injured party's spouse, without additional requirements
Yes, if she was present at or near the scene, contemporaneously perceived the injury, and is a close family member of the victim (Correct answer)
No, because Texas does not recognize NIED claims by bystanders under any circumstances
Yes, but only if she was within the zone of physical danger and feared for her own safety

Correct answer: Yes, if she was present at or near the scene, contemporaneously perceived the injury, and is a close family member of the victim

Texas's bystander NIED rule requires presence at or near the scene, contemporaneous perception of the injury as it occurred, and a close family relationship with the primary victim.

Question 105: Using a product on a client that you know may cause an allergic reaction without disclosing the risk would violate which ethical principle?

TDLR licensing categories
Beneficence and informed consent (Correct answer)
Continuing education requirements
Employer confidentiality

Correct answer: Beneficence and informed consent

Barbers are ethically obligated to disclose known risks so clients can make informed decisions about their care.

Question 106: What is the effect of a Texas court order terminating parental rights on the former parent's prospective child support obligation?

Prospective child support obligation terminates upon entry of the termination order (Correct answer)
The support obligation continues until the child turns 18
The court retains discretion to extend the obligation beyond termination
The support obligation continues for two years after termination

Correct answer: Prospective child support obligation terminates upon entry of the termination order

Termination of the legal parent-child relationship extinguishes prospective support obligations, though existing arrearages may remain collectible.

Question 107: What is an ethical approach when a client requests a service that is outside the scope of your expertise?

Agree to perform the service and seek assistance from a colleague
Perform the service but inform the client of potential risks
Perform the service to the best of your ability
Refuse to perform the service and recommend another professional (Correct answer)

Correct answer: Refuse to perform the service and recommend another professional

Ethical practice requires professionals to operate strictly within the scope of their expertise and training. Attempting a service beyond one's capabilities can lead to unsatisfactory results, potential harm to the client, and damage to one's professional reputation. The responsible and ethical action is to honestly decline the service and refer the client to a qualified specialist who possesses the necessary skills.

Question 108: T executes a valid will leaving everything to her husband. Two years later she has a child and dies without amending the will. Under Texas law, the child:

Is barred from inheriting because the will was validly executed before the child's birth
Is entitled to an intestate share as a pretermitted heir (Correct answer)
Is protected only if the will specifically disinherits the child by name
Is entitled to a forced share of 25% of the estate

Correct answer: Is entitled to an intestate share as a pretermitted heir

Under Texas Estates Code §255.051, a child born or adopted after the will is executed and not provided for in the will takes an intestate share.

Question 109: When may a Texas court deviate from the statutory child support percentage guidelines?

When applying the guidelines would be unjust or inappropriate given the circumstances of the case (Correct answer)
Only upon a written agreement of both parents approved by the court
Only when the obligor's net resources exceed the statutory cap
Never; the guidelines are mandatory in all cases

Correct answer: When applying the guidelines would be unjust or inappropriate given the circumstances of the case

Texas Family Code §154.123 permits deviation from the guidelines when evidence shows that application of the guidelines would be unjust or inappropriate.

Question 110: Under which equitable doctrine may a licensor be prevented from revoking a license?

The recording act, if the license was recorded in the county deed records
Estoppel, when the licensee has detrimentally relied on the license by making substantial improvements (Correct answer)
Merger, when the licensee acquires title to an adjacent parcel
Adverse possession, if the licensee has used the land openly for 10 years

Correct answer: Estoppel, when the licensee has detrimentally relied on the license by making substantial improvements

Estoppel can render a license irrevocable when the licensee, in reasonable reliance on the license, has made substantial expenditures that cannot be recouped upon revocation.

Question 111: For a testamentary trust created by a will to be valid, which set of elements is minimally required?

Prior court approval before the trust becomes effective at death
A co-trustee and a corporate bond equal to the trust corpus
A separately executed trust instrument filed with the probate court
A definite beneficiary, a trustee, and identified trust property (Correct answer)

Correct answer: A definite beneficiary, a trustee, and identified trust property

A valid trust requires trust property, a trustee, and a definite beneficiary; it need not be a separate document or pre-approved by the court.

Question 112: Texas barber regulations require that all electrical equipment (clippers, trimmers) be kept free of:

Hair clippings, product residue, and other debris (Correct answer)
Metal filings from blade sharpening only
Cooling vents or safety guards
Excess lubrication oil only

Correct answer: Hair clippings, product residue, and other debris

Electrical tools must be kept free of hair clippings, product residue, and debris after each use to maintain both sanitation standards and safe operation.

Question 113: In a Texas civil jury trial in a district court, how many jurors must agree to render a valid verdict?

At least 10 of the 12 empaneled jurors must agree (Correct answer)
All 12 jurors must agree unanimously
At least 9 of the 12 empaneled jurors must agree
A simple majority of 7 out of 12 jurors must agree

Correct answer: At least 10 of the 12 empaneled jurors must agree

Under Texas Rule of Civil Procedure 292, a verdict in a civil case in district court may be rendered by agreement of at least 10 of the 12 jurors.

Question 114: Which acid-based chemical process is used to straighten hair by temporarily breaking hydrogen bonds without permanently altering disulfide bonds?

Thermal reconditioning
Hydroxide relaxer
Keratin smoothing treatment (Correct answer)
Thio relaxer

Correct answer: Keratin smoothing treatment

Keratin smoothing treatments (Brazilian blowouts) use formaldehyde or formaldehyde-releasing compounds to temporarily relax hydrogen bonds and coat the cuticle, providing temporary straightening.

Question 115: What remedy does Texas law provide for a buyer who discovers a material defect that the seller failed to disclose?

The buyer may sue under the Texas Deceptive Trade Practices Act for damages (Correct answer)
The buyer has no remedy after closing
The buyer can only seek repair costs up to $500
The buyer must arbitrate with the title company

Correct answer: The buyer may sue under the Texas Deceptive Trade Practices Act for damages

Texas sellers must disclose known material defects. Failure to do so can expose them to liability under the DTPA, which allows for actual damages and potentially treble damages.

Question 116: Under Texas Estates Code §254.005, a no-contest (in terrorem) clause in a will is:

Always enforced regardless of the merit of the contestant's claim
Void and unenforceable as against public policy in all circumstances
Applicable only to beneficiaries who receive less than 10% of the estate
Enforceable, but a contest brought with just cause or probable cause will not trigger it (Correct answer)

Correct answer: Enforceable, but a contest brought with just cause or probable cause will not trigger it

Texas enforces no-contest clauses, but a beneficiary who contests with probable cause will not forfeit their bequest.

Question 117: Which circumstance creates a rebuttable presumption in Texas AGAINST appointing the parents as joint managing conservators?

The parents reside more than 100 miles apart
One parent earns significantly more income than the other
There is credible evidence of a history of family violence (Correct answer)
One parent has a new romantic relationship since separation

Correct answer: There is credible evidence of a history of family violence

Texas Family Code §153.004 provides that evidence of a history of family violence raises a rebuttable presumption that appointing the abusive party as a managing conservator is not in the child's best interest.

Question 118: During marriage, H uses pre-marital savings to purchase a rental property in his name alone. If H dies intestate, this property is most likely characterized as:

Mixed property requiring partition before distribution
H's separate property passing under Texas intestate succession (Correct answer)
Community property subject to equal division
Quasi-community property to be divided equally

Correct answer: H's separate property passing under Texas intestate succession

Property purchased entirely with a spouse's separate property funds retains its separate property character under Texas tracing rules.

Question 119: Under Barker v. Wingo's balancing test for Sixth Amendment speedy trial violations, which of the following is NOT one of the four recognized factors?

The reason for the delay attributable to the prosecution
Whether the defendant formally requested dismissal of charges prior to trial (Correct answer)
Length of the delay before trial
Prejudice to the defendant caused by the delay

Correct answer: Whether the defendant formally requested dismissal of charges prior to trial

The four Barker v. Wingo factors are: length of delay, reason for delay, whether the defendant asserted the right to a speedy trial, and prejudice—not whether the defendant formally sought dismissal.

Question 120: Under Texas Family Code §85.025, what is the maximum effective period for a final protective order in a family violence case?

2 years, unless a lifetime order is warranted by specified circumstances (Correct answer)
Indefinitely until the respondent seeks modification
1 year
6 months

Correct answer: 2 years, unless a lifetime order is warranted by specified circumstances

Texas Family Code §85.025 provides that a protective order may not exceed 2 years, but a lifetime order is available when the respondent has been convicted of or charged with certain serious offenses.

Question 121: The spousal testimonial privilege in Texas permits a spouse to refuse to testify against the other spouse in:

Criminal proceedings only (Correct answer)
Civil proceedings only
Any civil or criminal proceeding
Divorce or family law proceedings only

Correct answer: Criminal proceedings only

The spousal testimonial privilege in Texas applies in criminal proceedings, allowing a witness-spouse to refuse to testify against the defendant-spouse.

Question 122: Which clipper guard number leaves the least amount of hair (shortest cut)?

#4
#1
#0 (Correct answer)
#2

Correct answer: #0

A #0 guard (or no guard at all) cuts closest to the skin, leaving the shortest amount of hair.

Question 123: In Texas, a party claiming adverse possession without color of title must possess the land openly and adversely for at least:

3 years
25 years
10 years (Correct answer)
5 years

Correct answer: 10 years

Texas Civil Practice and Remedies Code § 16.026 provides a 10-year limitations period for adverse possession without color of title.

Question 124: During a permanent wave (perm) service, the neutralizer is applied in order to:

Pre-soften the hair before rod placement
Stop the waving action and re-form disulfide bonds in the new shape (Correct answer)
Open the hair cuticle before the waving lotion penetrates
Rinse excess processing lotion from the scalp

Correct answer: Stop the waving action and re-form disulfide bonds in the new shape

The neutralizer oxidizes the broken disulfide bonds, locking the hair into its new curled shape around the perm rods permanently.

Question 125: The process by which chemical disinfectants destroy the cell membrane of bacteria is called:

Lysis (Correct answer)
Coagulation
Alkylation
Oxidation

Correct answer: Lysis

Lysis is the destruction or dissolution of a cell's membrane, which is how many disinfectants kill bacterial organisms.

Question 126: Under modern Commerce Clause doctrine after Lopez and Morrison, Congress may regulate which of the following?

Purely local, non-economic activity that does not substantially affect interstate commerce
Any activity occurring within a single state
The channels of interstate commerce (Correct answer)
School zones as an economic activity

Correct answer: The channels of interstate commerce

After Lopez, Congress retains power to regulate the channels of interstate commerce, the instrumentalities of interstate commerce, and activities that substantially affect interstate commerce.

Question 127: Under the Texas slayer rule (Estates Code §201.058), a beneficiary who feloniously and intentionally kills the decedent:

Retains all bequests because the will controls disposition until a court orders otherwise
Forfeits benefits under the will but may still inherit by intestacy
May be disinherited only by court order obtained within one year of the death
Forfeits any benefit under the will and by intestate succession (Correct answer)

Correct answer: Forfeits any benefit under the will and by intestate succession

Texas treats a felonious and intentional killer of the decedent as having predeceased the decedent, barring any benefit under the estate by will or intestacy.

Question 128: Which of the following is hearsay under the Texas Rules of Evidence?

A witness testifying to what she personally observed at the scene
A verbal act that gives independent legal effect to a transaction
An out-of-court statement offered to prove the truth of the matter asserted (Correct answer)
A statement offered solely to show its effect on the listener

Correct answer: An out-of-court statement offered to prove the truth of the matter asserted

Hearsay is defined under TRE 801(d) as an out-of-court statement offered to prove the truth of the matter asserted.

Question 129: A contractor breaches a construction contract. The owner's expectation damages are calculated to put the owner in the position she would have been in had the contract been performed. Which measure of damages best describes this?

Reliance damages
Restitution damages
Expectation damages (Correct answer)
Nominal damages

Correct answer: Expectation damages

Expectation damages restore the non-breaching party to the economic position they would have occupied had the contract been fully performed, including lost profit and cost to complete.

Question 130: The cranial nerve that controls the primary muscles of facial expression, relevant to barbers during facial massage, is the:

Hypoglossal nerve (CN XII)
Vagus nerve (CN X)
Trigeminal nerve (CN V)
Facial nerve (CN VII) (Correct answer)

Correct answer: Facial nerve (CN VII)

The facial nerve (cranial nerve VII) innervates the muscles of facial expression including the orbicularis oculi, zygomaticus, and orbicularis oris muscles.

Question 131: What is the 'proportionate responsibility' system in Texas tort law?

Each defendant is liable only for their percentage of fault (Correct answer)
Liability is split equally among all defendants
The defendant with the most resources pays all damages
All defendants are jointly and severally liable regardless of fault

Correct answer: Each defendant is liable only for their percentage of fault

Texas generally follows proportionate responsibility, where each defendant pays only their percentage share of damages, with limited exceptions for certain types of cases.

Question 132: Which of the following scenarios is most likely to satisfy the attractive nuisance doctrine?

A natural farm pond that neighborhood children occasionally swim in without permission
A large tree with low branches that children sometimes climb without permission
An unfenced residential swimming pool adjacent to a neighborhood with young children (Correct answer)
A steep natural hill that neighborhood children use for sledding in winter

Correct answer: An unfenced residential swimming pool adjacent to a neighborhood with young children

A residential swimming pool is the paradigm attractive nuisance — it is an artificial condition, poses serious drowning risk to young children, and can be cheaply fenced to eliminate the hazard.

Question 133: Infrared light used in heat lamps during barbering treatments penetrates tissue primarily to produce:

Deep heat that increases blood circulation (Correct answer)
Vitamin D synthesis in the skin
Germicidal effects on surface bacteria
Coagulation of surface proteins

Correct answer: Deep heat that increases blood circulation

Infrared rays penetrate deeply into skin tissue, producing heat that dilates blood vessels and increases circulation, aiding in relaxation and product absorption.

Question 134: Which of the following items should be sterilized using an autoclave?

Combs
Brushes
Towels
Scissors (Correct answer)

Correct answer: Scissors

An autoclave uses high-pressure saturated steam to sterilize equipment, effectively killing all microorganisms, including spores. This method is necessary for critical items that penetrate skin or mucous membranes, or otherwise come into contact with blood, such as scissors and other cutting tools, to prevent the transmission of bloodborne pathogens. Combs, brushes, and towels are typically cleaned and disinfected, or laundered, rather than autoclaved.

Question 135: Which statement best distinguishes public nuisance from private nuisance?

Public nuisance requires intentional conduct; private nuisance is based solely on negligence
Public nuisance always involves noise pollution; private nuisance involves odors or physical obstruction
Public nuisance affects a community or the public at large; private nuisance interferes with a specific individual's use and enjoyment of land (Correct answer)
Only government authorities may sue for public nuisance; any person affected may sue for private nuisance

Correct answer: Public nuisance affects a community or the public at large; private nuisance interferes with a specific individual's use and enjoyment of land

Public nuisance affects rights common to the general public or a substantial community segment, while private nuisance is limited to interference with a specific individual's land use.

Question 136: The Non-Delegation Doctrine requires that when Congress delegates legislative power to an executive agency, it must provide:

An intelligible principle to guide the agency's discretion (Correct answer)
No standards at all, leaving discretion to the agency
Unanimous Senate approval of all agency rules
Specific statutory language covering every case

Correct answer: An intelligible principle to guide the agency's discretion

Under the non-delegation doctrine, Congress must provide an 'intelligible principle' to guide the agency's exercise of delegated authority, though courts have rarely struck down laws for failing this standard.

Question 137: Under TRE 1003, a duplicate is inadmissible when:

A genuine question exists as to the authenticity of the original (Correct answer)
The original has been intentionally destroyed by the proponent
The opposing party objects without stating a specific reason
The duplicate was produced by a party adverse to the proponent

Correct answer: A genuine question exists as to the authenticity of the original

A duplicate is inadmissible under TRE 1003 when there is a genuine question about the original's authenticity or when it would be unfair to admit the duplicate.

Question 138: An employee delivery driver makes a 30-minute cross-town detour to visit a friend and negligently injures a pedestrian during that detour. The employer is:

Vicariously liable because a 30-minute detour is a minor deviation that does not break scope of employment
Not vicariously liable because the driver was on a frolic — a substantial personal deviation from employment duties (Correct answer)
Not vicariously liable because delivery drivers are typically classified as independent contractors
Vicariously liable because the driver was on the clock during the entire shift

Correct answer: Not vicariously liable because the driver was on a frolic — a substantial personal deviation from employment duties

A 30-minute cross-town personal visit is a 'frolic' — a substantial departure from employment duties that breaks the scope of employment and eliminates respondeat superior liability.

Question 139: Tinea capitis is a scalp condition caused by which type of pathogen?

Virus
Parasite
Fungus (Correct answer)
Bacteria

Correct answer: Fungus

Tinea capitis is a fungal infection of the scalp and hair follicles, caused by dermatophyte fungi — it is highly contagious and a contraindication for barbering services.

Question 140: Under the Texas Family Code, what is the rebuttable presumption regarding appointment of parents as managing conservators?

Courts may not appoint joint managing conservators without a filed parenting plan
The mother is presumed to be the primary managing conservator
Joint managing conservatorship is disfavored when parents cannot cooperate
Appointment of both parents as joint managing conservators is presumed to be in the child's best interest (Correct answer)

Correct answer: Appointment of both parents as joint managing conservators is presumed to be in the child's best interest

Texas Family Code §153.131(b) creates a rebuttable presumption that appointing parents as joint managing conservators is in the best interest of the child.

Question 141: A store security guard says, 'Sit here until police arrive or I'll physically drag you back.' The shopper complies. Which element of false imprisonment is most clearly satisfied?

The defendant acted with malice toward the plaintiff
The plaintiff was confined through a threat of physical force (Correct answer)
The confinement resulted in actual physical harm to the plaintiff
The plaintiff consented to the confinement by voluntarily complying

Correct answer: The plaintiff was confined through a threat of physical force

A threat of physical force — 'I'll drag you back' — satisfies the confinement element of false imprisonment even without actual physical restraint.

Question 142: Under Texas law, a valid holographic will must be:

Notarized and signed by the testator in the testator's own handwriting
Signed and dated by the testator in the testator's own handwriting
Written in the testator's handwriting, signed, and witnessed by two credible witnesses
Entirely written and signed in the testator's own handwriting (Correct answer)

Correct answer: Entirely written and signed in the testator's own handwriting

A holographic will in Texas must be written wholly in the testator's handwriting and signed; no witnesses or notarization are required.

Question 143: A barber's professional appearance at work should reflect which of the following ethical values?

Personal self-expression with no limits
Conformity to a single national dress standard
Respect for clients and the profession through neat, clean attire (Correct answer)
Intimidation and authority

Correct answer: Respect for clients and the profession through neat, clean attire

Professional appearance demonstrates respect for clients, reinforces trust, and upholds the image of the barbering profession.

Question 144: A suspect invokes the right to counsel during custodial interrogation. Police stop questioning. Three days later, without providing counsel, police reinitiate interrogation and the suspect waives rights and confesses. Under Edwards v. Arizona, this waiver is:

Valid because a reasonable period of time passed after the initial invocation
Invalid only if the second interrogation covered the same subject matter as the first
Invalid because once a suspect invokes the right to counsel, police may not reinitiate interrogation until counsel has been provided or the suspect initiates communication (Correct answer)
Valid because the suspect made a knowing and voluntary waiver at the second interrogation

Correct answer: Invalid because once a suspect invokes the right to counsel, police may not reinitiate interrogation until counsel has been provided or the suspect initiates communication

Under Edwards v. Arizona, once a suspect invokes the right to counsel, all police-initiated interrogation must cease until counsel has been made available or the suspect himself reopens communication.

Question 145: What is the pH range of healthy human skin?

6.0–7.0
7.0–8.0
4.5–5.5 (Correct answer)
3.0–4.0

Correct answer: 4.5–5.5

Healthy human skin has a slightly acidic pH of 4.5–5.5, known as the acid mantle, which protects against microbial growth.

Question 146: The Tenth Amendment reserves powers not delegated to the federal government to the states or the people. Under New York v. United States, the federal government may NOT:

Attach conditions to federal grants received by states
Regulate private parties engaging in interstate commerce
Preempt state laws that conflict with federal statutes
Commandeer state legislatures to enact and enforce federal regulatory programs (Correct answer)

Correct answer: Commandeer state legislatures to enact and enforce federal regulatory programs

New York v. United States held that the federal government cannot commandeer state legislative processes by requiring states to enact particular laws or regulatory programs.

Question 147: Under Texas law, muniment of title is an appropriate probate procedure when:

The estate includes real and personal property exceeding $75,000
The estate has significant debts that must be paid before distribution
The executor has died before completing administration
The decedent left no unpaid debts and the only need is to clear title to property (Correct answer)

Correct answer: The decedent left no unpaid debts and the only need is to clear title to property

Muniment of title is used when there are no unpaid debts and the sole purpose is to pass title; it is simpler than full probate administration.

Question 148: Texas follows the '51% bar' rule for modified comparative negligence. Under this rule, a plaintiff found to be 51% at fault:

Recovers nothing but may seek contribution from other defendants
Is completely barred from any recovery (Correct answer)
May still recover if the defendant acted with gross negligence
Recovers 49% of their damages from the defendant

Correct answer: Is completely barred from any recovery

Under Texas's modified comparative fault system, a plaintiff found 51% or more at fault for their own injuries is completely barred from all recovery.

Question 149: The Free Exercise Clause of the First Amendment generally does NOT require religious exemptions from neutral, generally applicable laws under which landmark case?

Employment Division v. Smith (Correct answer)
Sherbert v. Verner
Church of Lukumi Babalu Aye v. Hialeah
Wisconsin v. Yoder

Correct answer: Employment Division v. Smith

Employment Division v. Smith held that neutral, generally applicable laws that incidentally burden religion do not violate the Free Exercise Clause and need only survive rational basis review.

Question 150: Under Texas Estates Code §352.001, an executor's statutory commission may not exceed what percentage of the gross fair market value of assets subject to administration?

10%
5% (Correct answer)
8%
2%

Correct answer: 5%

Texas law caps the executor's statutory commission at 5% of the gross fair market value of assets subject to administration.

Question 151: When mixing a disinfectant solution for a Texas barbershop, what is the most important step to take before mixing?

Read and follow the manufacturer's label instructions and dilution ratio (Correct answer)
Add extra concentrate to guarantee effectiveness
Test the solution on a small metal implement first
Warm the water to at least 140°F

Correct answer: Read and follow the manufacturer's label instructions and dilution ratio

Always read and follow the manufacturer's label instructions, including the specified dilution ratio, to ensure the solution is effective without being unsafe.

Question 152: Under the Texas Family Code, what is the legal presumption regarding property acquired by either spouse during marriage?

It belongs to whichever spouse earned the income
It is held as joint tenancy with right of survivorship
It is community property (Correct answer)
It is separate property of the acquiring spouse

Correct answer: It is community property

Texas Family Code §3.002 presumes that property acquired during marriage is community property unless clearly and convincingly shown to be separate property.

Question 153: Under Texas Estates Code §256.003, a will must generally be filed for probate within how many years of the testator's death?

1 year
7 years
4 years (Correct answer)
2 years

Correct answer: 4 years

Texas requires a will to be filed for probate within four years of the testator's death unless the proponent was not in default.

Question 154: Which of the following social media posts by a Texas barber would be MOST likely to violate professional ethics standards?

Advertising a shop discount for new clients
Posting before/after photos with the client's written consent
Sharing a photo of a client's visible skin condition without permission (Correct answer)
Posting a general tip about beard grooming

Correct answer: Sharing a photo of a client's visible skin condition without permission

Sharing a client's identifying health or personal information without consent violates privacy and professional ethical duties.

Question 155: Seborrhea is a scalp condition caused by:

Overactive sebaceous glands producing excess oil (Correct answer)
Fungal overgrowth of Malassezia on dry scalp
Underactive sebaceous glands producing insufficient oil
Allergic reaction to hair care products

Correct answer: Overactive sebaceous glands producing excess oil

Seborrhea results from overactive sebaceous glands that produce excessive sebum (oil), leading to an oily scalp and skin condition.

Question 156: Under TRE 405, when character is an essential element of a claim or defense, it may be proved by:

Reputation, opinion, or specific instances of conduct (Correct answer)
Reputation evidence alone in criminal cases
Reputation or opinion evidence only, never specific instances
Expert testimony on psychological profiles only

Correct answer: Reputation, opinion, or specific instances of conduct

When character is an essential element of a charge, claim, or defense, TRE 405(b) permits proof by reputation, opinion, or specific instances of conduct.

Question 157: The 'fundamental fairness' approach to due process incorporation held that the Fourteenth Amendment absorbs only those Bill of Rights guarantees that are fundamental to ordered liberty. This approach was most associated with:

Justice Clarence Thomas's original public meaning approach
Justice William Brennan's preferred freedoms theory
Justice Hugo Black's total incorporation theory
Justice Felix Frankfurter's selective incorporation view (Correct answer)

Correct answer: Justice Felix Frankfurter's selective incorporation view

Justice Frankfurter advocated selective incorporation, holding that only rights fundamental to ordered liberty and rooted in the Anglo-American legal tradition are incorporated.

Question 158: A durable power of attorney in Texas remains effective after the principal's incapacity because:

It contains statutory language providing that it survives the principal's incapacity (Correct answer)
All Texas powers of attorney are durable by default
The agent must file an affidavit of incapacity with the county clerk
Texas courts automatically convert any power of attorney to a durable one upon incapacity

Correct answer: It contains statutory language providing that it survives the principal's incapacity

A power of attorney is durable if it expressly states that it is not affected by the principal's subsequent disability or incapacity, as required by Texas Estates Code §751.0021.

Question 159: A court will impose a constructive trust most appropriately when:

A person wrongfully obtains property through fraud, undue influence, or breach of fiduciary duty (Correct answer)
A beneficiary predeceases the testator and the anti-lapse statute is inapplicable
The probate estate is insolvent and unsecured creditors need protection
A testator fails to create an express trust in the will despite intending to

Correct answer: A person wrongfully obtains property through fraud, undue influence, or breach of fiduciary duty

A constructive trust is an equitable remedy imposed to prevent unjust enrichment when property is obtained through wrongdoing such as fraud or breach of fiduciary duty.

Question 160: A corporate executive subpoenaed to produce company business records invokes her Fifth Amendment privilege against self-incrimination to avoid production. Under Braswell v. United States, this claim will:

Fail only if the corporation itself also waives any applicable privilege
Succeed if the records were created by her personally
Fail because the Fifth Amendment's personal privilege does not extend to corporate records held in a representative capacity (Correct answer)
Succeed because producing the records is a testimonial act that may be personally incriminating

Correct answer: Fail because the Fifth Amendment's personal privilege does not extend to corporate records held in a representative capacity

Under Braswell v. United States, the Fifth Amendment's personal privilege against self-incrimination does not apply to corporate records; a records custodian must produce corporate documents even if personally incriminating.

Question 161: What should be done immediately after a cut or nick occurs during a shaving service?

Apply aftershave lotion
Apply pressure to stop the bleeding (Correct answer)
Disinfect the area with alcohol
Wash the area with warm water

Correct answer: Apply pressure to stop the bleeding

In the event of a cut or nick during a shaving service, the immediate priority is to control the bleeding. Applying direct, firm pressure to the wound with a clean, sterile cotton pad or tissue helps to constrict blood vessels and promote clotting. After the bleeding has stopped, the area should then be disinfected to prevent infection.

Question 162: During the telogen phase of the hair growth cycle, the hair follicle is in which state?

Transitioning from rest to active growth
Actively growing and producing new hair cells
Resting, with the hair retained in the follicle before shedding (Correct answer)
Regressing and breaking down the lower follicle

Correct answer: Resting, with the hair retained in the follicle before shedding

Telogen is the resting phase of the hair cycle, lasting approximately 2–3 months, during which the follicle is dormant and the club hair is retained until it is shed or pushed out by a new anagen hair.

Question 163: What does the term 'sanitation' mean in the context of Texas barbershop regulations?

Reducing microbial contamination to a safe level (Correct answer)
Removing visible dirt and debris only
Complete destruction of all microorganisms including spores
Sterilizing implements in an autoclave

Correct answer: Reducing microbial contamination to a safe level

Sanitation refers to reducing the number of pathogens on a surface to a safe, public-health level, which is a lower standard than sterilization.

Question 164: An easement appurtenant differs from an easement in gross primarily because:

An easement appurtenant cannot be transferred without the grantor's consent
An easement appurtenant must be expressly granted in a recorded instrument
An easement appurtenant is always revocable by the grantor
An easement appurtenant benefits a particular parcel of land rather than a person or entity (Correct answer)

Correct answer: An easement appurtenant benefits a particular parcel of land rather than a person or entity

An easement appurtenant is attached to and benefits a dominant estate, while an easement in gross benefits only an individual or entity rather than a parcel.

Question 165: Under equal protection doctrine, a law classifying individuals based on race receives:

Intermediate scrutiny because race is a semi-suspect classification
Rational basis review because race is not mentioned in the Constitution
Strict scrutiny because race is a suspect classification (Correct answer)
No review because classifications are inherently legislative

Correct answer: Strict scrutiny because race is a suspect classification

Racial classifications are subject to strict scrutiny—the government must prove the law is narrowly tailored to serve a compelling government interest.

Question 166: A barber working in Texas actively approaches clients waiting at a competitor's shop and solicits them to switch. This conduct is best described as:

A legitimate form of advertising under TDLR rules
Unethical and potentially a violation of professional standards (Correct answer)
Required outreach under Texas business law
Acceptable competitive marketing

Correct answer: Unethical and potentially a violation of professional standards

Aggressively soliciting clients from competitors in person is considered predatory and unprofessional within industry ethics standards.

Question 167: A company leased a building near a planned parade route, paying a premium rent. The government later cancelled all public events, making the building's location worthless for the planned purpose. Which doctrine best describes the company's defense against paying rent?

Frustration of purpose — an unforeseen event destroyed the principal purpose of the contract (Correct answer)
Mutual mistake — both parties were wrong about future events
Impossibility — performance of paying rent is objectively impossible
Commercial impracticability — rent payment has become more expensive

Correct answer: Frustration of purpose — an unforeseen event destroyed the principal purpose of the contract

Frustration of purpose excuses performance when an unforeseen supervening event substantially frustrates the principal purpose of the contract, even though performance is technically still possible.

Question 168: After a dispute arises over the amount owed under a contract, the parties agree that the debtor will pay $800 in full satisfaction of a genuinely disputed $1,200 claim, and the creditor accepts. Is this agreement enforceable even though the creditor gave up $400?

Yes, but only if the debtor pays the additional $400 within a reasonable time
No, because the creditor received less than owed and there was no consideration
No, because modifications to payment terms require a writing under the Statute of Frauds
Yes, because accord and satisfaction of a genuinely disputed claim is enforceable — the compromise itself is consideration (Correct answer)

Correct answer: Yes, because accord and satisfaction of a genuinely disputed claim is enforceable — the compromise itself is consideration

Accord and satisfaction of a bona fide disputed claim is enforceable because surrendering a disputed legal claim constitutes valid consideration, even if one party receives less than originally claimed.

Question 169: Which of the following is an example of maintaining professionalism in a barbershop?

Engaging in personal conversations with clients during their service
Maintaining a clean and organized workspace (Correct answer)
Arriving late to appointments but making up for it with extra time
Wearing casual clothing that reflects your personal style

Correct answer: Maintaining a clean and organized workspace

Professionalism in a barbershop encompasses several aspects, and a clean and organized workspace is fundamental. It reflects a barber's attention to detail, commitment to hygiene, and respect for clients, ensuring a safe and pleasant environment. This practice contributes to a positive client experience, upholds industry standards, and demonstrates a high level of professionalism.

Question 170: When using a comb to guide a haircut, what should you do to ensure even cutting?

Change the angle of the comb frequently
Use a comb with wide teeth for all hair types
Hold the comb at a consistent angle (Correct answer)
Cut only the hair that is visible through the comb

Correct answer: Hold the comb at a consistent angle

Maintaining a consistent comb angle is crucial for achieving an even and balanced haircut. This ensures that the hair is elevated and cut at the same length throughout the section, preventing uneven patches and creating a uniform blend. Varying the angle would result in an inconsistent cut, leading to an unbalanced and unprofessional outcome.

Question 171: A third-party beneficiary's rights under a contract vest when:

The original contract is signed by both contracting parties
The beneficiary manifests assent, detrimentally relies on the contract, or files suit to enforce it (Correct answer)
The beneficiary receives written notice of the contract from both parties
The promisor delivers performance to the promisee

Correct answer: The beneficiary manifests assent, detrimentally relies on the contract, or files suit to enforce it

Under the Restatement, a third-party beneficiary's rights vest when the beneficiary manifests assent to the contract, detrimentally relies on it, or brings suit to enforce it — after vesting, the contracting parties cannot modify or rescind the contract to the beneficiary's detriment without consent.

Question 172: A person signed a contract after fraudulently induced by the seller's false statement that the goods were certified organic, when they were not. The buyer seeks to rescind. Which elements must the buyer establish for fraudulent misrepresentation?

That the contract lacked consideration and the parties were not in privity
False representation of material fact, made with scienter, intended to induce reliance, justifiably relied upon, causing damages (Correct answer)
That the seller had bad intentions and the buyer was gullible
That the statute of limitations has not run and the seller is insolvent

Correct answer: False representation of material fact, made with scienter, intended to induce reliance, justifiably relied upon, causing damages

Fraudulent misrepresentation requires: (1) a false representation of material fact, (2) knowledge of falsity or reckless disregard (scienter), (3) intent to induce reliance, (4) justifiable reliance, and (5) resulting damages.

Question 173: A client allergy patch test for hair color should be performed:

24 to 48 hours before the scheduled color service (Correct answer)
Immediately before applying the color service
One full week before the service to allow healing
Only for clients who have reported prior allergic reactions

Correct answer: 24 to 48 hours before the scheduled color service

A 24–48 hour window gives enough time for any allergic sensitivity reaction to develop and become visible before the full application.

Question 174: A barber client shares personal information about a family conflict during a service. The barber later discusses this with other clients in the shop. This behavior violates which professional principle?

Booth rental agreements
Scope of practice guidelines
Texas TDLR advertising rules
Client confidentiality and trust (Correct answer)

Correct answer: Client confidentiality and trust

Barbers are ethically obligated to maintain client confidentiality and not share personal information disclosed during services.

Question 175: The Eighth Amendment prohibition on cruel and unusual punishment applies to which of the following under current Supreme Court doctrine?

Three-strikes mandatory minimum sentences for repeat felons
Life without parole sentences for juveniles convicted of non-homicide offenses (Correct answer)
The death penalty for all first-degree murder convictions regardless of circumstances
Imprisonment for offenses that carry no fine alternative

Correct answer: Life without parole sentences for juveniles convicted of non-homicide offenses

Graham v. Florida held that the Eighth Amendment categorically prohibits life without parole for juvenile non-homicide offenders, as it is grossly disproportionate to their reduced culpability.

Question 176: Under Texas law, what cap applies to non-economic damages in medical malpractice cases?

$1 million total cap on all damages
No cap exists on non-economic damages
$100,000 per claimant
$250,000 per claimant against physicians and $500,000 against healthcare institutions (Correct answer)

Correct answer: $250,000 per claimant against physicians and $500,000 against healthcare institutions

Texas Civil Practice and Remedies Code Chapter 74 caps non-economic damages at $250,000 per physician and $500,000 aggregate against healthcare institutions.

Question 177: Which vitamin deficiency is most directly linked to poor wound healing and compromised collagen synthesis in the skin?

Vitamin A (retinol)
Vitamin C (ascorbic acid) (Correct answer)
Vitamin B12 (cobalamin)
Vitamin D (calciferol)

Correct answer: Vitamin C (ascorbic acid)

Vitamin C is an essential cofactor for collagen synthesis — it is required for the hydroxylation of proline and lysine in collagen formation, and deficiency leads to poor wound healing (scurvy).

Question 178: Which type of bacteria is responsible for causing tuberculosis and is a key concern in barber sanitation protocols?

Pseudomonas aeruginosa
Staphylococcus aureus
Streptococcus pyogenes
Mycobacterium tuberculosis (Correct answer)

Correct answer: Mycobacterium tuberculosis

Mycobacterium tuberculosis is a rod-shaped (bacilli) bacterium that causes tuberculosis and is a primary concern in barbershop infection control.

Question 179: How often must combs and brushes be cleaned and disinfected in a Texas barbershop?

Once per week during slow hours
After every third client
Once at the start of each day
After every client use (Correct answer)

Correct answer: After every client use

Texas TDLR rules require that combs, brushes, and other implements be cleaned and disinfected after each client to prevent cross-contamination.

Question 180: Monilethrix is a hair disorder characterized by:

Premature graying due to melanocyte loss
Splitting of the hair at the ends
Twisting of the hair shaft at irregular intervals
Beaded appearance of the hair shaft with alternating thick and thin sections (Correct answer)

Correct answer: Beaded appearance of the hair shaft with alternating thick and thin sections

Monilethrix is a rare genetic hair disorder causing the hair shaft to have alternating node-like thickenings and constrictions, giving a beaded appearance that makes hair fragile.

Question 181: The doctrine of equitable subrogation allows:

A party who pays off a senior lien to be substituted into the priority position of that satisfied lienor (Correct answer)
A borrower to reduce mortgage debt to the property's current fair market value
A title insurer to sue the seller for misrepresentation after paying a coverage claim
A court to equitably divide homestead proceeds among competing judgment creditors

Correct answer: A party who pays off a senior lien to be substituted into the priority position of that satisfied lienor

Equitable subrogation substitutes the paying party into the priority position of the satisfied lienor, preventing unjust enrichment of intervening lienors.

Question 182: Under the Texas Estates Code, the family allowance is best described as:

A payment that accrues statutory interest from the date of death
A reasonable allowance paid to the surviving spouse and minor children during estate administration (Correct answer)
A fixed $18,000 payment to the surviving spouse regardless of need
An advance on bequests that must be repaid to the estate if not needed for support

Correct answer: A reasonable allowance paid to the surviving spouse and minor children during estate administration

The family allowance is a court-ordered reasonable maintenance allowance payable to the surviving spouse and minor children during administration of the estate.

Question 183: Buyer sends seller a purchase order for widgets at $10 each. Seller responds with an acknowledgment form accepting the quantity and price but adding a mandatory arbitration clause not in the buyer's order. Under UCC § 2-207 (Battle of the Forms), what happens to the arbitration clause?

The contract fails for lack of a meeting of the minds on all material terms
It becomes part of the contract only if the buyer expressly agrees to it in a subsequent writing
Between merchants, it becomes part of the contract unless the buyer objects within a reasonable time or the buyer's form expressly limits acceptance to its terms (Correct answer)
It automatically becomes part of the contract because the seller included it

Correct answer: Between merchants, it becomes part of the contract unless the buyer objects within a reasonable time or the buyer's form expressly limits acceptance to its terms

Under UCC § 2-207, additional terms in an acceptance between merchants become part of the contract unless (1) the offer expressly limits acceptance to its terms, (2) the terms materially alter the contract, or (3) the offeror objects within a reasonable time; arbitration clauses are typically considered material alterations.

Question 184: Under Texas law, which of the following is NOT one of the elements required to establish testamentary capacity?

Knowing the natural objects of one's bounty
Having at least two living heirs (Correct answer)
Understanding the character and extent of one's property
Understanding the nature and effect of making a will

Correct answer: Having at least two living heirs

Testamentary capacity requires understanding the will, knowing the natural objects of bounty, and knowing one's property — having two living heirs is not a requirement.

Question 185: Which type of disinfectant is required by TDLR for immersing metal barbering implements?

Household bleach diluted 1:10
70% isopropyl alcohol spray
Quaternary ammonium compound at any concentration
An EPA-registered, hospital-level disinfectant (Correct answer)

Correct answer: An EPA-registered, hospital-level disinfectant

TDLR rules require EPA-registered, hospital-level disinfectants to properly sanitize implements between clients.

Question 186: A barber notices a colleague performing services while visibly intoxicated on the job. The most ethical and professional action is to:

Warn the client privately after the service
Ignore the situation to avoid conflict
Notify the shop owner or manager immediately (Correct answer)
Post about it on social media

Correct answer: Notify the shop owner or manager immediately

Reporting the situation to management protects clients from harm and upholds professional and public safety standards.

Question 187: A homeowner paid a contractor $15,000 in advance under a contract the contractor never began performing. The contractor later claims the contract is unenforceable because a condition precedent was not met. If the contract is indeed unenforceable, what theory allows the homeowner to recover the $15,000?

Specific performance — the court will compel the contractor to perform
Restitution / unjust enrichment — the contractor must disgorge the benefit conferred to avoid unjust enrichment (Correct answer)
Expectation damages — the homeowner is put in the position she would have been in
Reliance damages — the homeowner recovers expenses incurred in anticipation of performance

Correct answer: Restitution / unjust enrichment — the contractor must disgorge the benefit conferred to avoid unjust enrichment

When a contract is unenforceable, restitution (quasi-contract) allows recovery of benefits conferred on the other party to prevent unjust enrichment, regardless of the enforceability of the underlying agreement.

Question 188: Which statement best describes independent administration in Texas?

The executor must obtain court approval for every significant transaction
Only attorneys licensed in Texas may serve as independent executors
After qualifying, the executor manages estate assets without ongoing court supervision (Correct answer)
A bond equal to the estate value is required for all independent executors

Correct answer: After qualifying, the executor manages estate assets without ongoing court supervision

Independent administration allows the executor to act without court approval for most transactions after the initial inventory and appraisement, making it more efficient than dependent administration.

Question 189: What is the mandatory waiting period before a Texas court may grant a divorce after the original petition is filed?

60 days (Correct answer)
90 days
6 months
30 days

Correct answer: 60 days

Texas Family Code §6.702 prohibits a court from granting a divorce before the 60th day after the petition was filed, absent limited exceptions.

Question 190: An experienced Texas barber agrees to mentor a new barber student. Which of the following represents the most ethical approach to mentorship?

Having the student perform all services unsupervised to accelerate learning
Charging the student for every piece of guidance provided
Competing with the student for clients at the same shop
Providing honest guidance, constructive feedback, and modeling professional conduct (Correct answer)

Correct answer: Providing honest guidance, constructive feedback, and modeling professional conduct

Effective and ethical mentorship involves honest guidance, skill modeling, and supporting the student's professional development without exploitation.

Question 191: Under the Sixth Amendment, the right to counsel attaches:

Upon arrest and booking into a law enforcement facility
At the initiation of formal judicial criminal proceedings such as indictment, information, or arraignment (Correct answer)
When law enforcement focus shifts specifically to the defendant as a suspect
When the defendant is placed in a lineup or other identification procedure

Correct answer: At the initiation of formal judicial criminal proceedings such as indictment, information, or arraignment

The Sixth Amendment right to counsel is offense-specific and attaches at the initiation of formal judicial criminal proceedings—indictment, information, arraignment, or preliminary hearing—not merely upon arrest.

Question 192: Under the Texas Deceptive Trade Practices Act, what additional damages may a consumer recover for knowing violations?

Punitive damages with no cap
Only attorney fees without additional damages
Up to three times the actual damages (treble damages) (Correct answer)
Double damages only

Correct answer: Up to three times the actual damages (treble damages)

The DTPA allows treble damages (up to three times actual damages) when the defendant's conduct was committed knowingly or intentionally.

Question 193: Under TRE 613, before impeaching a witness with a prior inconsistent statement, Texas requires:

The witness to be given an opportunity to explain or deny the prior statement (Correct answer)
Prior court approval before confronting the witness
The statement to be disclosed to opposing counsel at least 10 days before trial
The statement to be authenticated by an independent third party

Correct answer: The witness to be given an opportunity to explain or deny the prior statement

TRE 613 requires that the witness be given an opportunity to explain or deny the prior inconsistent statement before it is admitted.

Question 194: Texas regulations classify ringworm (tinea capitis) as a reason to:

Decline the service and refer the client to a physician (Correct answer)
Proceed with service using antifungal shampoo
Wear gloves and complete the haircut only
Disinfect the scalp and continue

Correct answer: Decline the service and refer the client to a physician

Ringworm is a contagious fungal infection that is a contraindication for barber services; the client must be referred to a physician before receiving a service.

Question 195: A furniture dealer sold furniture to a young couple with less than perfect credit. They signed a contract that said that if they purchased new items on the account, they would not own the old purchases until the new ones were paid in full. That provision was in hard-to-read fine print on the reverse side of the agreement. When husband lost his job, they had by that time paid for everything purchased on the account except for one chair they bought a few weeks earlier. The store sued, trying to repossess all furniture ever sold to the couple. Will the couple likely prevail on a defense of unconscionability?

Yes, because a combination of factors makes it likely that the court will recognize unconscionability under these circumstances. (Correct answer)
Yes, because any time a seller puts terms in fine it is proof of bad faith and unconscionability.
No, because the store was nice enough to extend credit; and the couple should be expected to pay for everything before they own any of it.
No, because they might be able to find another store to sell them furniture, which proves that there was no lack of bargaining power.

Correct answer: Yes, because a combination of factors makes it likely that the court will recognize unconscionability under these circumstances.

Unconscionability in contract law typically involves both procedural (unfair surprise, unequal bargaining power) and substantive (overly harsh or one-sided terms) elements. The contract's fine print, the couple's vulnerable credit situation, and the 'cross-collateralization' clause (where new purchases prevent ownership of old ones) combine to create an oppressive and unfair agreement. A court would likely find this combination of factors sufficient to deem the contract unconscionable, particularly the term that prevents ownership of fully paid-for items due to a new, small debt.

Question 196: When disposing of a used single-blade razor in a Texas barbershop, the blade must be placed in a:

Soaking disinfectant solution for reuse
Sealed envelope and then the trash
Puncture-resistant sharps container (Correct answer)
Regular trash receptacle lined with a plastic bag

Correct answer: Puncture-resistant sharps container

Used single-blade razors are sharps and must be discarded in a rigid, puncture-resistant sharps container to prevent needlestick injuries.

Question 197: T revokes Will #1 by executing Will #2. T then revokes Will #2 by destroying it. Under Texas law, Will #1 is:

Revived if T makes a written statement of intent to revive it
Automatically revived because Will #2 was the revoking instrument
Permanently revoked once superseded by any subsequent will
Not revived unless T re-executes it or a codicil expressly refers to it (Correct answer)

Correct answer: Not revived unless T re-executes it or a codicil expressly refers to it

Texas follows the no-automatic-revival rule; destroying the second will does not restore the first will without re-execution or express revival language.

Question 198: Under TRE 804(b)(2), a dying declaration is admissible in which proceedings?

Any civil or criminal proceeding
Capital murder cases only
Civil cases and criminal homicide prosecutions (Correct answer)
Criminal prosecutions only

Correct answer: Civil cases and criminal homicide prosecutions

Under TRE 804(b)(2), dying declarations are admissible in civil cases and criminal homicide prosecutions.

Question 199: Quaternary ammonium compounds (quats) used as disinfectants in barbershops work primarily by:

Denaturing proteins via extreme alkalinity
Disrupting bacterial cell membranes through surfactant action (Correct answer)
Releasing free chlorine to oxidize pathogens
Removing oxygen from the environment

Correct answer: Disrupting bacterial cell membranes through surfactant action

Quats are cationic surfactants that disrupt and penetrate bacterial cell membranes, causing leakage of cell contents and death.

Question 200: Under the Texas Family Code, who is eligible to file a petition to adopt a child?

Only blood relatives or licensed foster parents of the child
Only married couples filing jointly
An adult individual, including a single adult, who meets statutory requirements (Correct answer)
Only individuals who have completed a licensed home study

Correct answer: An adult individual, including a single adult, who meets statutory requirements

Texas Family Code §162.001 permits an adult individual—including a single adult—or a husband and wife jointly to file a petition to adopt a child.

Texas Bar Exam

This exam assesses a candidate's competence to practice law in Texas, covering both national and state-specific legal principles.

200

Questions

1080 min

Time Limit

67%

To Pass

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