Mixed Deck — All TX BAR Topics Flashcards

Trade fixtures installed by a commercial tenant:

Answer: May generally be removed by the tenant prior to or at the expiration of the lease

Trade fixtures installed by a commercial tenant for business purposes are generally removable by the tenant before or at lease expiration.

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

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.

Under TRE 403, relevant evidence may be excluded when its probative value is:

Answer: Substantially outweighed by the danger of unfair prejudice, confusion, or waste of time

TRE 403 excludes relevant evidence only when probative value is SUBSTANTIALLY outweighed by unfair prejudice — the standard favors admissibility.

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

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.

Which clause prohibits states from denying 'any person within its jurisdiction the equal protection of the laws'?

Answer: The Equal Protection Clause of the Fourteenth Amendment

The Equal Protection Clause of the Fourteenth Amendment expressly limits state action to ensure all persons are treated equally under state law.

Under Texas Penal Code § 19.03, what best describes what elevates murder to capital murder in Texas?

Answer: Capital murder requires the presence of specific statutory aggravating circumstances, such as murder of a peace officer, murder for hire, or murder during certain felonies

Under Texas Penal Code § 19.03, capital murder is murder with specific enumerated aggravating factors, including murder of a peace officer on duty, murder for remuneration, murder during certain felonies, or murder of a child under 15.

A non-judicial foreclosure sale under a Texas deed of trust must take place:

Answer: On the first Tuesday of the month, following required notice and posting at the courthouse

Texas Property Code § 51.002 requires the trustee's sale to occur on the first Tuesday of the month at the county courthouse after proper advance notice is given to the debtor.

The Contracts Clause of Article I, Section 10 prohibits states from impairing the obligation of contracts. Under modern doctrine, this clause is reviewed under:

Answer: A reasonableness standard that gives substantial deference to the state's police power judgment

Modern Contracts Clause doctrine applies a reasonableness standard, asking whether the impairment is substantial and, if so, whether it is drawn in an appropriate and reasonable way to advance a significant and legitimate public purpose.

A Texas barber whose license is revoked due to ethical violations wishes to apply for reinstatement. Which of the following is generally required?

Answer: Proof of satisfying TDLR's reinstatement conditions, which may include remedial education

TDLR sets specific reinstatement conditions for revoked licenses, which typically include remedial education, fines, and demonstrating compliance with regulations.

Under Texas Penal Code § 7.02, a person is criminally responsible as a party for the offense of another if:

Answer: The person, with intent to promote or assist in the commission of the offense, solicited, encouraged, directed, aided, or attempted to aid the other person

Under Texas Penal Code § 7.02, criminal responsibility as a party requires that, with intent to promote or assist the offense, the defendant solicited, encouraged, directed, aided, or attempted to aid the other person.

In chemistry, an atom or molecule that readily accepts a hydrogen ion (proton) and raises pH when dissolved in water is classified as a:

Answer: Base (alkali)

A base (alkali) is a proton acceptor — when dissolved in water, it accepts hydrogen ions (H+), reducing their concentration and raising pH above 7.

The criminal accused was indicted and arrested by federal authorities on narcotics offenses and released on bail. While out on bail, and not represented by counsel, he met in a bar with an accomplice who had been charged in the drug conspiracy. The accomplice was wired and communicating the whole conversation to a detective sitting in a car down the street. The accused made incriminating statements. At the trial, the detective who recorded the conversation was permitted to testify to the taped remarks of the accused and to other hearsay about the accused in the prosecution’s case-in-chief. The trial court and the state courts ruled that the detective's testimony was admissible evidence in the prosecution’s proof of the crime against the defendant. Defendant appealed his conviction into the federal courts and the U.S. Supreme Court agreed to hear the case. What is its probable ruling?

Answer: The Court reversed the conviction, holding that his statements, made after indictment and without counsel, could not be used against him to prove guilt.

Once a defendant has been formally indicted, their Sixth Amendment right to counsel attaches. The government is then prohibited from deliberately eliciting incriminating statements from the defendant in the absence of their counsel. Here, the use of a wired accomplice to obtain statements from the accused after indictment, and without counsel present, violated this established Sixth Amendment right, rendering the statements inadmissible in the prosecution's case-in-chief.

Under Texas Penal Code § 15.04, the voluntary renunciation affirmative defense to criminal attempt is NOT available when:

Answer: The defendant's decision to abandon was motivated in whole or in part by an increased risk of detection or apprehension

Under Texas Penal Code § 15.04, voluntary renunciation requires a complete and voluntary change of criminal purpose; the defense is unavailable when abandonment was motivated by increased risk of detection or apprehension rather than genuine renunciation.

A negative easement is best described as one that:

Answer: Restricts the servient estate owner from doing something that would otherwise be lawful on their own land

A negative easement prevents the servient estate owner from engaging in certain conduct rather than granting the dominant owner an affirmative right to enter.

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

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).

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

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.

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

Answer: 20%

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

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?

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.

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

Answer: Mycobacterium tuberculosis

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

Alopecia areata is believed to be caused by:

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.