Texas Bar Exam — Questions and Answers

Question 1: What is the 'proportionate responsibility' system in Texas tort law?

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

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 2: 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?

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

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

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

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 4: 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 statute of limitations has not run and the seller is insolvent
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 contract lacked consideration and the parties were not in privity

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 5: In a Texas products liability case, which legal theory does NOT require proof of negligence?

Negligent failure to warn
Negligent design
Strict liability for manufacturing defects (Correct answer)
Negligent marketing

Correct answer: Strict liability for manufacturing defects

Strict liability for manufacturing defects holds manufacturers liable without requiring proof of negligence — only that the product was defective when it left the manufacturer.

Question 6: A creditor and debtor enter a contract under which the debtor agrees to pay the creditor $10,000. The debtor then assigns this payment obligation to a third party (assignee), who promises to pay the creditor. The creditor is a third-party beneficiary. Which best describes the creditor's status?

Nominal beneficiary — the creditor must re-negotiate directly with the assignee
Incidental beneficiary — the creditor has no enforceable rights
Donee beneficiary — the debtor intended to make a gift to the creditor
Creditor beneficiary — the debtor owed a pre-existing obligation to the creditor (Correct answer)

Correct answer: Creditor beneficiary — the debtor owed a pre-existing obligation to the creditor

A creditor beneficiary is a third party to whom the promisee owes a pre-existing obligation and who benefits from performance of the contract — this beneficiary has enforceable rights against the promisor.

Question 7: Under Texas law, which standard governs child custody determinations?

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

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 8: A developer contracts with a city to build a stadium. Later, a new law is enacted making the specific type of structure illegal to build. Which doctrine most likely discharges the developer's contractual duty?

Frustration of purpose
Novation
Anticipatory repudiation
Supervening illegality as a form of impossibility/impracticability (Correct answer)

Correct answer: Supervening illegality as a form of impossibility/impracticability

When a supervening law makes performance illegal after contract formation, this qualifies as supervening illegality — a recognized category of impossibility that discharges the duty to perform.

Question 9: To preserve error from a trial court's ruling excluding evidence for appellate review in Texas, the offering party must:

Request that the trial court certify the evidentiary question for immediate interlocutory appeal
Make an offer of proof placing the substance of the excluded evidence in the appellate record (Correct answer)
File a motion to reconsider the ruling before the conclusion of the trial day
File a written objection to the exclusion within 10 days of the adverse ruling

Correct answer: Make an offer of proof placing the substance of the excluded evidence in the appellate record

Under Texas Rule of Evidence 103 and TRAP 33.2, the offering party must make an offer of proof to preserve error from a ruling excluding evidence, allowing the appellate court to evaluate whether the exclusion caused harm.

Question 10: If a client expresses dissatisfaction with their haircut, what is the most appropriate response?

Ignore the complaint and move on to the next client
Offer to fix the haircut free of charge or provide a refund (Correct answer)
Tell the client it’s their fault for not being clear about their request
Politely ask them to leave the barbershop

Correct answer: Offer to fix the haircut free of charge or provide a refund

Professionalism dictates that client satisfaction is paramount in the service industry. When a client expresses dissatisfaction, the most appropriate response is to take responsibility and offer a solution, such as a complimentary fix or a refund. This demonstrates good customer service, helps retain clients, and maintains the barbershop's reputation for quality and care.

Question 11: What is an ethical approach when a client requests a service that is outside the scope of your expertise?

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

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

Three adult witnesses
Two credible witnesses who are at least 14 years old (Correct answer)
No witnesses if the will is typed
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 13: Which Texas law governs the relationship between landlords and residential tenants?

Texas Government Code Chapter 2001
Texas Business and Commerce Code
Texas Family Code
Texas Property Code Chapter 92 (Correct answer)

Correct answer: Texas Property Code Chapter 92

Chapter 92 of the Texas Property Code specifically addresses residential landlord-tenant relationships, including security deposits, repairs, and lease requirements.

Question 14: Under the common law, which factor is LEAST relevant when determining whether a breach is material?

The extent to which the non-breaching party received the expected benefit
The extent to which the breaching party will suffer forfeiture
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 15: 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 16: After a seller breaches a contract, the buyer fails to make any effort to find substitute goods even though comparable goods were available at the same price nearby. What is the legal consequence?

The buyer may recover full damages with no reduction
The contract is void and no damages are available
The buyer may recover punitive damages for the seller's willful breach
The buyer's damages will be reduced by the amount that could have been saved through reasonable mitigation (Correct answer)

Correct answer: The buyer's damages will be reduced by the amount that could have been saved through reasonable mitigation

A non-breaching party has a duty to mitigate damages, and failure to take reasonable steps to reduce loss will reduce the recoverable damages by the avoidable amount.

Question 17: 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
The existence of a signed written contract between the parties
That the subcontractor received consideration for its bid

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

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

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 19: Under Texas law, can a spouse be completely disinherited by will?

The spouse retains rights to community property and homestead regardless of the will (Correct answer)
Only if the spouse agrees in writing
No, the spouse always inherits at least 50% of the estate
Yes, a will can completely disinherit a spouse

Correct answer: The spouse retains rights to community property and homestead regardless of the will

A Texas spouse cannot be completely disinherited because they retain their community property share and homestead rights, which a will cannot override.

Question 20: Under FRCP Rule 15(a)(1), when may a party amend a pleading as a matter of course, without leave of court?

Only within 10 days after the opposing party files its answer
Within 21 days after serving the pleading, or within 21 days after service of a responsive pleading or a Rule 12(b), (e), or (f) motion (Correct answer)
Only before the opposing party has made any appearance in the case
At any time before trial as long as the opposing party will not be prejudiced

Correct answer: Within 21 days after serving the pleading, or within 21 days after service of a responsive pleading or a Rule 12(b), (e), or (f) motion

FRCP 15(a)(1) allows one amendment as a matter of course within 21 days after serving the pleading or within 21 days after service of a responsive pleading or a Rule 12 motion, whichever is earlier.

Question 21: A witness in a murder case does not make the same statement faithfully, but rather he has given different versions of his observations at different times to different persons and investigators. The prosecution put the witness on the stand at trial to tell what he observed. The defendant’s counsel impeached his testimony by bringing up prior inconsistent statements and accusing him of changing his story for trial. The prosecution then attempted to rehabilitate his credibility by referencing prior consistent statements. Prior consistent statements are not generally admissible because they are said to be repetitive, cumulative and to unfairly bolster the witness’s credibility. Will the court likely allow the prosecution to rehabilitate the witness using prior consistent statements under these facts?

Yes, because it is being used to rehabilitate a witness whose credibility was attacked. (Correct answer)
No, because the witness cannot be rehabilitated once a successful impeachment has occurred.
Yes, because all repetitive prior statements are important to show the consistency of the witness' testimony.
No, because it would tend to confuse the jury with too much conflicting evidence.

Correct answer: Yes, because it is being used to rehabilitate a witness whose credibility was attacked.

In general, prior consistent statements are not admissible because they can be seen as repetitive and unfairly bolster a witness's credibility. However, there's an important exception to this rule. When a witness's credibility is attacked, such as through impeachment by prior inconsistent statements, the opposing party (in this case, the prosecution) is allowed to use prior consistent statements to rehabilitate the witness. This helps to counter the impression that the witness's testimony is unreliable or fabricated. Here's how the rule works: 1. Impeachment: If the defense attacks the witness's credibility by pointing out prior inconsistent statements, it suggests that the witness's testimony might not be trustworthy. 2. Rehabilitation: To counter this, the prosecution can introduce prior consistent statements to show that the witness's story has been consistent at other times, thereby supporting the witness's reliability. The basis for this exception is found in Rule 801(d)(1)(B) of the Federal Rules of Evidence, which was amended in 2014. It states that prior consistent statements can be used: - To rebut a charge that the witness recently fabricated their testimony or acted under an improper influence or motive. - To rehabilitate the witness's credibility when it has been attacked on another ground. In your case, since the witness's credibility was attacked by bringing up prior inconsistent statements, the prosecution is allowed to use prior consistent statements to rehabilitate the witness.

Question 22: What is the statute of limitations for most personal injury claims in Texas?

Three years from the date of injury
Four years from the date of injury
One year from the date of injury
Two years from the date of injury (Correct answer)

Correct answer: Two years from the date of injury

Texas Civil Practice and Remedies Code Section 16.003 sets a two-year statute of limitations for personal injury claims.

Question 23: Under Texas community property law, property acquired during marriage is presumed to be:

Separate property of the purchasing spouse
Owned by the spouse whose name is on the title
Community property unless proven otherwise (Correct answer)
Held in joint tenancy

Correct answer: Community property unless proven otherwise

Texas presumes that property acquired during marriage is community property. The burden is on the spouse claiming separate property to prove it by clear and convincing evidence.

Question 24: Under the doctrine of res judicata (claim preclusion), a final judgment on the merits bars:

Any and all future claims by the same plaintiff against the same defendant regardless of subject matter
Only those claims that were specifically pleaded in the prior complaint and actually litigated at trial
All claims arising from the same transaction or occurrence that were or could have been litigated between the same parties or their privies (Correct answer)
Only the exact legal theories that were specifically argued and decided in the prior lawsuit

Correct answer: All claims arising from the same transaction or occurrence that were or could have been litigated between the same parties or their privies

Res judicata bars not only claims actually litigated but also all claims arising from the same transaction or occurrence that could have been brought in the prior action between the same parties or their privies.

Question 25: What is the primary purpose of using a straight razor in shaving?

To create sharp lines in a beard
To remove dead skin cells
To achieve a very close shave (Correct answer)
To trim long hair

Correct answer: To achieve a very close shave

A straight razor is renowned for its ability to provide an exceptionally close and smooth shave, often closer than multi-blade cartridge razors. Its single, sharp blade cuts hair precisely at the skin's surface, resulting in a clean finish and a distinct, traditional shaving experience. This method is preferred for achieving maximum closeness and sharp lines.

Question 26: 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?

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

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 27: What is the purpose of using a guard on a clipper during a haircut?

To protect the client's skin from the clipper
To prevent the clipper from cutting too close (Correct answer)
To add texture to the hair
To style the hair

Correct answer: To prevent the clipper from cutting too close

Clipper guards are attachments that fit over the clipper blades, creating a specific distance between the blade and the scalp. Their primary purpose is to control the length of hair being cut, preventing the clipper from cutting the hair too short and allowing for consistent, even haircuts at various lengths. This ensures precision and prevents accidental over-cutting.

Question 28: A contract between two commercial parties contains a liquidated damages clause specifying $5,000 for any breach. At the time the contract was formed, actual damages were difficult to estimate and $5,000 appeared to be a reasonable forecast. At trial, actual damages are proven to be only $500. Under Texas law, is the liquidated damages clause enforceable?

Yes, but only if the plaintiff also proves actual damages
No, because liquidated damages clauses are per se unenforceable in Texas
No, because actual damages were far less than the stipulated amount
Yes, because the clause was a reasonable estimate at the time of contracting and actual damages were difficult to ascertain (Correct answer)

Correct answer: Yes, because the clause was a reasonable estimate at the time of contracting and actual damages were difficult to ascertain

Texas enforces liquidated damages clauses when (1) actual damages were difficult to estimate at the time of contracting and (2) the stipulated amount was a reasonable forecast — the comparison is made at formation, not breach.

Question 29: The 'relation back' doctrine under FRCP Rule 15(c) is primarily significant because it:

Requires the court to follow prior rulings entered earlier in the same case
Permits an amended pleading to be treated as if filed on the date of the original pleading, saving it from a statute of limitations bar (Correct answer)
Allows a party to introduce evidence from prior litigation involving the same parties
Allows a complaint filed after the limitations period to be accepted as timely without further showing

Correct answer: Permits an amended pleading to be treated as if filed on the date of the original pleading, saving it from a statute of limitations bar

FRCP 15(c) allows an amended pleading to relate back to the date of the original pleading so that claims added by amendment are not time-barred if adequate notice of the action was given.

Question 30: 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.
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)
Yes, the failure to make an installment on time was a breach because time is of the essence in all installment agreements.

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

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

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 32: What is considered a violation of client confidentiality in a barbershop setting?

Reporting a client’s health concerns to appropriate authorities
Discussing a client's haircut preferences with another client
Sharing personal client information with a co-worker for better service
Mentioning a client's visit to the barbershop on social media (Correct answer)

Correct answer: Mentioning a client's visit to the barbershop on social media

Client confidentiality is a fundamental ethical principle in professional services, including barbering. Sharing any personal information, even a client's presence at the barbershop, on social media without explicit consent constitutes a breach of privacy. This can erode trust, damage the client-barber relationship, and violate professional standards and potentially legal obligations.

Question 33: 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)
A simple majority of 7 out of 12 jurors must agree
At least 9 of the 12 empaneled jurors must agree
All 12 jurors must agree unanimously

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

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

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 35: For federal diversity jurisdiction under 28 U.S.C. § 1332, the amount in controversy must exceed:

$10,000
$100,000
$50,000
$75,000 (Correct answer)

Correct answer: $75,000

Federal diversity jurisdiction requires that the matter in controversy exceed $75,000, exclusive of interest and costs, under 28 U.S.C. § 1332(a).

Question 36: 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 promisor delivers performance to the promisee
The beneficiary receives written notice of the contract from both parties

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

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 38: A defendant is acquitted of robbery based on the jury's finding that he was not present at the crime scene. The state then charges him with assault arising from the same event. Under Ashe v. Swenson, double jeopardy's collateral estoppel component:

Bars the second prosecution because the jury necessarily decided the defendant was not present at the scene of both crimes (Correct answer)
Applies only if the defendant was convicted, not acquitted, in the first trial
Does not apply because assault and robbery are different offenses under the Blockburger test
Does not apply because collateral estoppel is a civil doctrine inapplicable to criminal cases

Correct answer: Bars the second prosecution because the jury necessarily decided the defendant was not present at the scene of both crimes

Under Ashe v. Swenson, collateral estoppel is incorporated into the Double Jeopardy Clause and bars relitigation of ultimate facts necessarily decided in a prior acquittal.

Question 39: Under Texas law, what cap applies to non-economic damages in medical malpractice cases?

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

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

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

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 41: What is the Texas homestead exemption's primary purpose in real property law?

To guarantee mortgage approval for Texas residents
To provide free title insurance to homeowners
To eliminate property taxes for first-time buyers
To protect a homeowner's residence from forced sale by most creditors (Correct answer)

Correct answer: To protect a homeowner's residence from forced sale by most creditors

The Texas homestead exemption protects a qualifying residence from forced sale to satisfy most debts, with limited exceptions like purchase money liens and tax liens.

Question 42: After indictment, police conduct a lineup to identify a robbery suspect without notifying or providing the defendant's attorney. A witness selects the suspect. Under United States v. Wade, the lineup identification:

May be excluded only if the defendant also challenges the in-court identification
Is admissible because the witness can be cross-examined at trial about the lineup procedure
May be excluded because a post-indictment lineup is a critical stage of prosecution at which the defendant has a Sixth Amendment right to have counsel present (Correct answer)
Is admissible because the lineup was not unnecessarily suggestive

Correct answer: May be excluded because a post-indictment lineup is a critical stage of prosecution at which the defendant has a Sixth Amendment right to have counsel present

Under United States v. Wade, a post-indictment lineup is a critical stage of prosecution at which the defendant has a Sixth Amendment right to counsel; evidence from an uncounseled lineup may be suppressed.

Question 43: What should be done immediately after a cut or nick occurs during a shaving service?

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

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 44: 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 45: How does Texas law define community property in the context of divorce?

Only real property purchased during the marriage
Only property with both spouses' names on the title
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

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 46: A wife consents to police searching the home she shares with her husband. The husband is physically present and explicitly objects. Officers search anyway and find evidence against the husband. Under Georgia v. Randolph, this evidence is:

Admissible because the wife as co-tenant had authority to consent to the search
Inadmissible because a physically present co-tenant's refusal cannot be overridden by another occupant's consent (Correct answer)
Admissible because police reasonably relied on the wife's apparent authority
Inadmissible only if the husband had a greater possessory interest in the home

Correct answer: Inadmissible because a physically present co-tenant's refusal cannot be overridden by another occupant's consent

Under Georgia v. Randolph, when a physically present co-occupant explicitly refuses consent, police may not rely on another co-occupant's consent to justify a warrantless search.

Question 47: The buyer asked a manufacturer to make him 100,000 widgets for $1,000,000. The buyer intended to retail them by mail order sales. The widgets had to have the buyer's logo imprinted on them. The manufacturer ordered the raw material and made a new widget mold that contained buyer's logo. The buyer wanted quick delivery of at least 10,000 right away. The manufacturer rushed the order and sent 10,000 conforming widgets two days later. The buyer paid for the widgets but rejected delivery on the remaining 90,000 widgets. The manufacturer filed suit and claimed damages for breach of contract. Defendant buyer filed a motion to dismiss the complaint on the basis that the statute of frauds was violated in that it was a contract for over $500 that was unenforceable under state law. Will the court likely grant the motion to dismiss?

Yes, the statute of frauds of frauds must be enforced when it involves goods over $500.
No, the law will enforce the "benefit of the bargain" rule.
Yes, the manufacturer did not protect its interests by agreeing to an oral contract and it must pay for its bad business practices.
No, because there is an exception for goods that are specially made for a buyer. (Correct answer)

Correct answer: No, because there is an exception for goods that are specially made for a buyer.

Under the Uniform Commercial Code (UCC) Statute of Frauds, contracts for the sale of goods over $500 generally must be in writing to be enforceable. However, there is a significant exception for 'specially manufactured goods.' This exception applies when the goods are custom-made for the buyer, are not suitable for sale to others in the ordinary course of the seller's business, and the seller has made a substantial beginning of their manufacture or commitments for their procurement. Here, the custom logo and mold clearly indicate specially manufactured goods, making the oral contract enforceable despite the lack of a writing.

Question 48: A homeowner hires a painter who substantially completes the job but uses a slightly different shade of white paint than specified, reducing the home's value by $200. The homeowner refuses to pay the $10,000 contract price. Under the substantial performance doctrine, what is the painter entitled to recover?

Nothing, because the painter did not strictly comply with the contract
The full $10,000 with no deduction
The contract price minus the cost to remedy the defect or the diminution in value (Correct answer)
$200 in nominal damages only

Correct answer: The contract price minus the cost to remedy the defect or the diminution in value

Under the substantial performance doctrine, a party who substantially (but not perfectly) performs may recover the contract price minus the cost to remedy the defect or the resulting diminution in value.

Question 49: An artist assigns her right to receive payment under a commission contract to her creditor. The party who owes payment (the obligor) claims it need not pay the creditor because the artist breached first. Which principle governs?

The assignment is void because artistic contracts are non-assignable
An assignment cuts off all defenses the obligor had against the assignor
The obligor must pay the assignee in full and separately sue the assignor
The obligor may assert against the assignee any defense it had against the assignor that arose before notice of the assignment (Correct answer)

Correct answer: The obligor may assert against the assignee any defense it had against the assignor that arose before notice of the assignment

An assignee takes subject to defenses the obligor had against the assignor that arose before the obligor received notice of the assignment; the obligor's rights are not extinguished merely because a third party now holds the claim.

Question 50: Under Texas Rules of Civil Procedure, which discovery control plan applies by default to most civil cases?

Level 2 (Correct answer)
Level 3
Level 4
Level 1

Correct answer: Level 2

Under TRCP 190.3, Level 2 is the default discovery control plan; it applies unless the case qualifies for Level 1 or the court orders a Level 3 plan.

Question 51: A pet store owner opened a store in a new town. She was not aware that the city council had recently passed a law prohibiting the sale of cats and dogs from a retail pet store. The statute had a provision that allowed the pet store to give space to a non-profit humane society to adopt animals from the pet store. The owner sued the city in federal court, claiming a violation of due process and equal protection under the Fourteenth Amendment. The court used the rational basis test to conclude that the statute served a legitimate state interest and was enforceable. The pet store owner appealed the decision. Will the appellate court likely affirm the decision of the lower court?

Yes, because the pet store owner was not treated differently than any other pet store owner.
No, because this ordinance is so invidiously discriminatory that it must pass the strict scrutiny test, which it fails to do.
Yes, because the correct test requires only that the law in question will satisfy any set of facts that could establish a rational basis for achieving legitimate government ends. (Correct answer)
No, the pet store owner has a vested constitutional right to earn a living and that is unreasonably precluded by the law in question.

Correct answer: Yes, because the correct test requires only that the law in question will satisfy any set of facts that could establish a rational basis for achieving legitimate government ends.

The court will likely grant the lawsuit's requests because the right to marry is considered a fundamental right under the Due Process Clause of the Fourteenth Amendment, extended to same-sex couples. When a fundamental right is infringed, the state must demonstrate a compelling state interest and that the law is narrowly tailored to achieve that interest (strict scrutiny). Denying same-sex couples the right to marry typically fails this stringent test, as there is no compelling state interest to justify such a deprivation.

Question 52: Which cutting technique is best for removing bulk and adding texture to the hair?

Thinning (Correct answer)
Clip-over-comb
Blending
Shear-over-comb

Correct answer: Thinning

Thinning shears are specifically designed with notched blades to remove a portion of the hair strands without shortening the overall length. This technique effectively reduces bulk, creates movement, and adds texture to the hair. It helps to lighten heavy hair, making it more manageable and giving it a softer, more natural appearance.

Question 53: When using a comb to guide a haircut, what should you do to ensure even cutting?

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

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

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

60 days
21 days (Correct answer)
14 days
30 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 56: 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?

Mutual mistake — both parties were wrong about future events
Impossibility — performance of paying rent is objectively impossible
Frustration of purpose — an unforeseen event destroyed the principal purpose of the contract (Correct answer)
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 57: Which of the following is a common symptom of an allergic reaction to a hair dye?

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

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 58: A contractor delegates its duty to paint a house to a subcontractor. The homeowner objects. Under which circumstance is the delegation NOT permitted?

When the delegatee is willing and able to perform
When the consideration for the original contract exceeded $500
When the contract is for services involving the personal skill, reputation, or character of the delegator (Correct answer)
When the parties did not expressly prohibit delegation in the contract

Correct answer: When the contract is for services involving the personal skill, reputation, or character of the delegator

Duties involving personal skill, trust, or unique character (e.g., a famous artist, a specific attorney) cannot be delegated without the obligee's consent because the obligee bargained for that specific person's performance.

Question 59: Officers with probable cause that a car contains stolen merchandise stop the vehicle and wish to search a locked box in the trunk. Under the automobile exception established in United States v. Ross, officers may:

Search only items in plain view without a warrant
Search every part of the vehicle and any container within it that may contain the item sought (Correct answer)
Search only the passenger compartment without a warrant
Search the trunk only after obtaining a separate warrant for the locked container

Correct answer: Search every part of the vehicle and any container within it that may contain the item sought

Under United States v. Ross, probable cause to search a lawfully stopped vehicle authorizes the search of every part of the vehicle and containers within it where the sought item could be concealed.

Question 60: 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 61: Texas follows which rule regarding comparative fault in negligence cases?

Contributory negligence (complete bar)
Strict liability for all negligence claims
Pure comparative fault
Modified comparative fault with a 51% bar (Correct answer)

Correct answer: Modified comparative fault with a 51% bar

Texas uses modified comparative fault: a plaintiff can recover only if their percentage of fault is 50% or less. At 51% or more fault, recovery is completely barred.

Question 62: Under the common law, a contract modification generally requires consideration. However, under the UCC, a modification to a sales contract requires:

Good faith, but no new consideration is required (Correct answer)
Mutual assent in writing only if the original contract was written
Notarization and acknowledgment by both parties
New consideration and a writing in all cases

Correct answer: Good faith, but no new consideration is required

Under UCC § 2-209, a modification to a contract for the sale of goods needs no consideration to be binding — good faith is the operative requirement, though a signed writing may be required if the original contract contains a no-oral-modification clause.

Question 63: 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?

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

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 64: 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
Was sufficient to invoke the right to counsel, requiring all questioning to cease immediately
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)

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 65: 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 other 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 warrant prior to making any search.
No, because driver being fidgety is enough for a probable cause full search of a vehicle.

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

The trial court will likely not allow the witness to be questioned about her habit of feeding pigeons because it lacks probative value regarding her credibility or the defendant's guilt. Evidence of prior bad acts not involving dishonesty or false statement is generally inadmissible to attack a witness's character for truthfulness under the Federal Rules of Evidence. Her pigeon-feeding habit, even if illegal, is irrelevant to her ability to accurately perceive or truthfully recount the murder.

Question 66: A young woman joined a social media service that provided networking with other business persons and entities nationwide. The woman discovered that the service was selling her personal profile information, and the information pertaining to thousands of other members, to third party purchasers for tracking of their Internet activities and buying habits. In her class action breach of contract action against the service, she alleged two theories of damages. First, she contended that she and the class members suffered "embarrassment and humiliation" from the disclosure, and second, that she and the others must be compensated for the market value of the information seized. Will the court likely recognize these allegations as sufficient to state a claim for breach of contract?

Yes, because these are common types of damages that are authorized in breach of contract cases.
No, because humiliation is not an item of damages in a breach of contract case, and the unauthorized collection of personal data does not establish an economic loss. (Correct answer)
No, because Internet laws protect absolutely all communications and downloads of this nature as part of the service's guaranteed scope of free speech rights.
Yes, because the service breached the duty of good faith inherent in every contract.

Correct answer: No, because humiliation is not an item of damages in a breach of contract case, and the unauthorized collection of personal data does not establish an economic loss.

In breach of contract actions, damages are generally limited to economic losses that were foreseeable at the time the contract was made. Damages for emotional distress, such as 'embarrassment and humiliation,' are typically not recoverable in contract cases unless the breach also constitutes a tort or the contract itself was of a highly personal nature where emotional distress was a foreseeable consequence of breach. Furthermore, simply alleging unauthorized data collection without demonstrating a quantifiable economic loss or market value for the 'seized' information may not establish a sufficient basis for contract damages.

Question 67: 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
Punitive damages for intentional breach
The difference between the contract price and the resale price as expectation damages (Correct answer)

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 68: A contract requires a contractor to install a specific brand of pipe. The contractor installs a different brand of equal quality and value without telling the owner. The owner discovers the substitution and sues. Under which theory is the owner's claim strongest?

The contractor has breached the contract, though damages may be nominal if there is no diminution in value (Correct answer)
The contract is void for illegality
The owner must accept the substitute under the doctrine of commercial impracticability
The contractor is entitled to enforce an implied modification

Correct answer: The contractor has breached the contract, though damages may be nominal if there is no diminution in value

Knowingly substituting non-conforming performance is a breach; however, if the substitution caused no diminution in value, damages may be limited to the cost of cure or nominal only.

Question 69: A seller used high-pressure sales tactics to convince an elderly, isolated widow to purchase an overpriced product she did not need. She signed while under extreme emotional distress and the seller's domination. Which defense is most applicable?

Illegality
Duress by physical threat
Mutual mistake
Undue influence (Correct answer)

Correct answer: Undue influence

Undue influence occurs when one party dominates the weakened will of another — typically involving a relationship of trust or a victim whose ability to exercise free judgment is seriously impaired.

Question 70: What is the primary purpose of a patch test before applying hair dye?

To ensure the client is not allergic to the dye (Correct answer)
To determine the correct color of dye
To measure the client’s hair density
To check the pH level of the dye

Correct answer: To ensure the client is not allergic to the dye

A patch test, also known as a predisposition test, is a crucial safety measure performed at least 24-48 hours before a hair coloring service. A small amount of the dye mixture is applied to a discreet area of the skin to check for any adverse allergic reaction. This helps prevent severe allergic responses, such as itching, redness, or swelling, which can occur if a client is sensitive to the dye's ingredients.

Question 71: A pet breeder is in the business of breeding calves at his cattle ranch where he has a stable of prolific cows who are very fertile. The newborn calves need constant attention and care. One day one of the employees inadvertently leaves the fence door open and a newly-born calf breaks free and goes to his neighbor's land. The breeder went to the neighbor's land to retrieve the calf for its safety and to make sure it was unharmed. However, he was arrested on a trespass charge after entering the land. The breeder appealed. Will the court dismiss the charge?

Yes, because he had a limited privilege to enter the land to prevent harm to his chattel. (Correct answer)
Yes, because the tender pet doctrine allows temporary entry to retrieve baby animals.
No, because the neighbor had a right to keep any living chattels that crossed onto his land.
No, because his status as a breeder made him unqualified for a limited license.

Correct answer: Yes, because he had a limited privilege to enter the land to prevent harm to his chattel.

The breeder had a limited privilege of private necessity to enter the neighbor's land. This privilege allows a person to trespass onto another's property to protect their own chattel from serious harm, such as a newborn calf wandering into danger. While the entry is technically a trespass, it is excused due to the urgent need to prevent greater harm, though the landowner may still be entitled to compensation for any actual damages caused by the entry.

Question 72: How should a barber handle personal conflicts or disagreements with a co-worker?

Report the co-worker to the management immediately
Discuss the issue openly in front of clients
Address the conflict privately with the co-worker (Correct answer)
Avoid the co-worker entirely to prevent further issues

Correct answer: Address the conflict privately with the co-worker

Maintaining a professional and harmonious environment is essential in a barbershop. Personal conflicts or disagreements with co-workers should be handled discreetly and respectfully between the individuals involved, away from clients and other staff. Addressing issues privately promotes a positive workplace culture and prevents unprofessional displays that could negatively impact the business and client experience.

Question 73: 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?

Because this defendant was convicted at a fair trial he didn’t lose any rights and was not prejudiced by his lawyer’s mistakes.
Yes, because plea bargaining is a critical stage of a criminal case and an attorney who ignores that process is constitutionally ineffective. (Correct answer)
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.
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.

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 74: 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 spouse inherits all community property and one-third of separate personal property (Correct answer)
The children inherit everything
The property escheats to the state
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 75: 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?

Expectation damages (Correct answer)
Reliance damages
Nominal damages
Restitution 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 76: Under the Sixth Amendment, the right to counsel attaches:

At the initiation of formal judicial criminal proceedings such as indictment, information, or arraignment (Correct answer)
Upon arrest and booking into a law enforcement facility
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 77: What is the mandatory waiting period for a Texas divorce after the petition is filed?

30 days
90 days
180 days
60 days (Correct answer)

Correct answer: 60 days

Texas imposes a mandatory 60-day waiting period from the date the divorce petition is filed before the divorce can be finalized.

Question 78: 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 because the Fifth Amendment's personal privilege does not extend to corporate records held in a representative capacity (Correct answer)
Succeed if the records were created by her personally
Fail only if the corporation itself also waives any applicable privilege
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 79: A man sued a manufacturer of video and home theater equipment after his home theater started a raging fire, destroying the equipment and part of his home. He sued the manufacturer in federal court. At trial, the defendants filed a motion to preclude the report and testimony of the plaintiff's expert under Fed.R.Evid. 702. The defendants claim bias, lack of scientific support, failure to conduct testing, divergence of opinion among experts, and that the expert was trained for large commercial fires. The expert had investigated over 500 fires, wrote a book that was used in courses nationwide and taught a course in forensic fire investigations in a university. Her report ruled out all other possible causes. The court did a gate-keeping review as required by Rule 702 and ruled that the expert was highly qualified and that she used accepted scientific methodologies in arriving at her opinion. The defendants appealed the ruling. Is the appellate court likely to go against the ruling under these facts?

No, the court did the required gate-keeping inquiry and found that the witness was not only qualified and competent, but also used the accepted methodologies. (Correct answer)
No, the court has absolute discretion in deciding the competency of the expert for purposes of giving expert trial testimony and evidence.
Yes, because whenever the expert does not back up her conclusion with experimental testing, an expert's opinion will be insufficiently reliable to be allowed.
Yes, because the charge of bias against an expert witness requires a "trial within a trial" and that was not done.

Correct answer: No, the court did the required gate-keeping inquiry and found that the witness was not only qualified and competent, but also used the accepted methodologies.

The trial court will likely not permit witnesses to testify about the woman's sexual predisposition because such 'sexual predisposition' evidence is generally prohibited by Federal Rule of Evidence 412, also known as the 'rape shield law.' This rule aims to protect victims in sexual assault cases by limiting the admissibility of evidence concerning their past sexual behavior or sexual predisposition, except under very narrow and specific exceptions not met here.

Question 80: What is the purpose of using a disinfectant in a barbershop?

To make hair products more effective
To enhance the appearance of the salon
To neutralize unpleasant odors
To kill germs and bacteria on tools and surfaces (Correct answer)

Correct answer: To kill germs and bacteria on tools and surfaces

Disinfectants are chemical solutions specifically formulated to destroy or inactivate harmful microorganisms, including bacteria, viruses, and fungi, on non-porous surfaces and tools. In a barbershop, their essential role is to maintain a hygienic environment and prevent the transmission of infectious diseases between clients by ensuring all equipment is properly sanitized. This is crucial for public health and safety.

Question 81: The owner of a state-licensed massage parlor sued the state for arbitrarily canceling its license and prior business permits to conduct a massage parlor at a given location in the city. Due to allegations of illegal activities in other massage parlors not affiliated with this owner, the city canceled the owner's personal license and revoked the business permits. The only information provided was a general notice from the city declaring a new policy on massage parlors that had to be rapidly instituted for the welfare of the community. She sued the city in federal court, claiming that her business had been taken without just compensation in violation of the Fifth Amendment takings clause. She claimed a lack of procedural due process under the Fourteenth Amendment. The court granted a motion to dismiss based on her not having a property interest that was affected, including in the license and permits. She appealed the decision. Will the federal Court of Appeals affirm the lower court dismissal of her case?

No, because once the parlor had opened with all the proper permits, it could not be deprived of its licenses for any reason until they were for renewal.
No, because she had a property right in her license and permits, which were taken without any procedural due process. (Correct answer)
Yes, because the state interest in protecting the public from illegal activities required the state action that was taken.
Yes, because there is no right to earning a living under the substantive due process clause.

Correct answer: No, because she had a property right in her license and permits, which were taken without any procedural due process.

The most likely successful constitutional argument is that the law infringes on fundamental rights of the individual, specifically personal liberty and autonomy. Laws dictating personal appearance and dress often implicate the right to privacy and self-expression, which are protected under the Due Process Clause of the Fourteenth Amendment. Such broad and intrusive government mandates on personal choices are generally subject to heightened scrutiny and are unlikely to survive constitutional challenge.

Question 82: Under the Statute of Frauds, which of the following contracts does NOT need to be evidenced by a writing to be enforceable?

A contract for the sale of goods priced at $800 (Correct answer)
A promise to answer for the debt of another (suretyship)
A contract for the sale of land
A contract that cannot be performed within one year from the date of formation

Correct answer: A contract for the sale of goods priced at $800

Under UCC § 2-201, the Statute of Frauds applies to contracts for the sale of goods at $500 or more; $800 exceeds that threshold, so a writing is required — the question asks which does NOT need a writing, and none of the others are excluded, making this a trick: all four actually require a writing. Wait — let me re-examine.

Question 83: Which of the following is NOT a basis for subject matter jurisdiction in federal court?

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

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 84: 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 automatically becomes part of the contract because the seller included it
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 becomes part of the contract only if the buyer expressly agrees to it in a subsequent writing

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 85: 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
Either spouse must have lived in Texas for 30 days
Both spouses must have lived in Texas for 1 year

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 86: A defendant is convicted of simple drug possession. The state then charges him with possession with intent to distribute arising from the same seized drugs. Under the Blockburger test, the second prosecution:

Is barred because both charges arise from the same criminal episode
Is barred because the defendant has already been punished for possessing the same drugs
Is not barred only if the defendant was acquitted in the first proceeding
Is not barred because possession with intent to distribute requires proof of intent to distribute, an element simple possession does not require (Correct answer)

Correct answer: Is not barred because possession with intent to distribute requires proof of intent to distribute, an element simple possession does not require

Under Blockburger, double jeopardy does not bar successive prosecutions when each offense requires proof of an element the other does not; intent to distribute is required by the second offense but not simple possession.

Question 87: 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:

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
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

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 88: A jury deliberates for six days without reaching a verdict and is dismissed over the defendant's objection. The prosecutor seeks to retry the defendant. Double jeopardy:

Does not bar retrial because a hung jury constitutes manifest necessity for a mistrial, permitting a new trial (Correct answer)
Bars retrial because jeopardy attached when the jury was sworn and the defendant objected to the mistrial
Bars retrial if the jury's vote indicated it leaned toward acquittal
Does not bar retrial only if the defendant consented to dismissing the jury

Correct answer: Does not bar retrial because a hung jury constitutes manifest necessity for a mistrial, permitting a new trial

A hung jury constitutes 'manifest necessity' for a mistrial, and retrial after such a mistrial does not violate double jeopardy even over the defendant's objection.

Question 89: A businessperson sent his employee, an administrative assistant, to represent him at a conference where business deals are often negotiated. The principal gave the assistant all of the materials to set up a table with the principal's cards, brochures, promotional materials, price lists and even some order forms with businessperson's logo on them. In addition, the assistant represented to third parties that she was there officially representing the principal and that she was authorized to execute contracts on his behalf. The assistant negotiated a deal for the businessperson with a third party, which the businessperson refused to honor because he did not like the terms that were negotiated. Will the third party likely prevail in enforcing the contract against the businessperson?

No, because people dealing with an assistant at a convention have a duty to determine whether that person is in fact an authorized agent.
Yes, because the principal is bound to the employee's actions whenever he sends an employee to attend a convention on his behalf.
No, because the technological revolution makes it easy these days for a potential customer to first confirm the existence of actual authority.
Yes, because the furnishing of the indicia of authority to act to the employee was sufficient proof to bind the principal. (Correct answer)

Correct answer: Yes, because the furnishing of the indicia of authority to act to the employee was sufficient proof to bind the principal.

Apparent authority arises when a principal, through their words or conduct, causes a third party to reasonably believe that an agent has authority to act on the principal's behalf, even if actual authority is lacking. By providing the employee with business cards, brochures, price lists, and order forms bearing the principal's logo, and allowing her to represent herself as authorized, the businessperson created the appearance of authority. The third party reasonably relied on these 'indicia of authority,' thus binding the principal to the contract negotiated by the employee.

Question 90: 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?

The Court affirmed the conviction and ruled that the defendant's right to counsel had not been interfered with.
The Court reversed the conviction, holding that his statements, made after indictment and without counsel, could not be used against him to prove guilt. (Correct answer)
The Court upheld the conviction because the defendant's words are always admissible at trial if given voluntarily and without coercion.
The Court reversed the conviction because the accused's Fourth Amendment rights were violated without the assistance of counsel.

Correct 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.

Question 91: Under Texas law, what is the effect of a plaintiff taking a voluntary nonsuit before presenting all evidence?

The case is dismissed with prejudice and the plaintiff is barred from refiling
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 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 92: Under TRCP 194.2, which of the following must be included in a party's mandatory initial disclosures?

The names, addresses, and telephone numbers of persons with knowledge of relevant facts (Correct answer)
All expert witness reports, opinions, and the underlying data relied upon
All documents the disclosing party intends to offer into evidence at trial
The party's complete damages calculation supported by expert testimony

Correct answer: The names, addresses, and telephone numbers of persons with knowledge of relevant facts

TRCP 194.2(b) requires disclosure of the names, addresses, and telephone numbers of persons with knowledge of relevant facts; expert information is governed separately by TRCP 194.2(f).

Question 93: A lease agreement states: 'This lease is contingent upon the tenant obtaining financing by March 1.' The tenant cannot obtain financing by that date. What type of condition is this, and what is the legal effect?

Condition subsequent; the lease continues unless affirmatively terminated
Constructive condition; the landlord must perform first
Condition precedent; the tenant's duty to perform the lease never arises (Correct answer)
Implied condition; the tenant may waive it unilaterally without consequence

Correct answer: Condition precedent; the tenant's duty to perform the lease never arises

A condition precedent is an event that must occur before a contractual duty arises; failure of the condition means the duty never comes into existence.

Question 94: 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
Double damages only
Up to three times the actual damages (treble damages) (Correct answer)

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 95: A contract is challenged on unconscionability grounds. Which TWO elements must typically be proven?

Duress and undue influence
Mutual mistake and fraudulent misrepresentation
Illegality and lack of consideration
Procedural unconscionability (unfair bargaining process) and substantive unconscionability (oppressive terms) (Correct answer)

Correct answer: Procedural unconscionability (unfair bargaining process) and substantive unconscionability (oppressive terms)

Unconscionability requires both a procedural element (unfair surprise or unequal bargaining power) and a substantive element (unreasonably oppressive or one-sided terms).

Question 96: To establish an ineffective assistance of counsel claim under Strickland v. Washington, a defendant must prove:

Counsel made errors that any competent attorney would have avoided, regardless of resulting prejudice
Counsel had an active conflict of interest that adversely affected the representation
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)
The defendant was prejudiced by counsel's actions regardless of whether the outcome would have changed

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 97: The state charged the accused with the intentional murder of a former girlfriend. He admitted to killing her, but asserted that he lacked the intent to murder, due to his suffering from a personality disorder complicated by two days of drinking alcohol heavily. The trial judge instructed the jury that "the law presumes that a person intends the ordinary consequences of his voluntary acts." The judge did not tell them that they had a choice or could infer another conclusion; they were told only that the law presumed it. The accused was convicted of depraved heart murder and sentenced to 100 years in prison. On appeal, the appellant argued that the court took the fact-finding task of determining criminal intent out of the jury’s hands by in effect ordering them to find intent. The jury could have felt that they were being told that they had no other choice. The state supreme court affirmed the conviction, but the United States Supreme Court granted certiorari. Will the Court likely reverse the conviction?

No, because the instruction was only a presumption that the jury did not have to consider in its deliberations.
No, because the defendant could raise an argument to rebut the permissible inference created by the jury instruction.
Yes, because the wording of the instruction could have been viewed by juniors as a mandatory direction to find that there was intent to murder. (Correct answer)
Yes, because the wording in effect caused the defendant to be a witness against himself by having him intend everything that he did.

Correct answer: Yes, because the wording of the instruction could have been viewed by juniors as a mandatory direction to find that there was intent to murder.

The jury instruction, stating that "the law presumes that a person intends the ordinary consequences of his voluntary acts" without further clarification, could be interpreted as a mandatory presumption. Such an instruction effectively removes the element of intent from the jury's consideration and shifts the burden of proof to the defendant, violating the Due Process Clause of the Fourteenth Amendment. The U.S. Supreme Court has held that mandatory presumptions regarding an element of a crime are unconstitutional because they undermine the prosecution's burden to prove every element beyond a reasonable doubt.

Question 98: Under Texas law, within how many days after a judgment is signed must a motion for new trial be filed?

30 days (Correct answer)
20 days
45 days
10 days

Correct answer: 30 days

Texas Rule of Civil Procedure 329b(a) requires a motion for new trial to be filed within 30 days after the judgment or other order complained of is signed.

Question 99: Which of the following is an example of maintaining professionalism in a barbershop?

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

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 100: Police bring a trained drug-detecting dog to a defendant's front porch to sniff for narcotics without a warrant. Under Florida v. Jardines, this constitutes:

A Terry stop equivalent requiring only reasonable suspicion
A Fourth Amendment search because the curtilage of a home receives the same protection as the interior (Correct answer)
A valid use of specialized equipment that does not implicate the Fourth Amendment
A permissible investigation in a public-facing area not protected by the Fourth Amendment

Correct answer: A Fourth Amendment search because the curtilage of a home receives the same protection as the interior

In Florida v. Jardines, the Supreme Court held that using a drug-sniffing dog on the curtilage of a home constitutes a Fourth Amendment search because the curtilage receives the same protection as the home's interior.

Question 101: 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 have consented in writing to personal jurisdiction in the forum state
The defendant must be physically present in the forum state at the time of service of process

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 102: Under United States v. Leon's good faith exception to the exclusionary rule, evidence obtained pursuant to a warrant later found technically defective is admissible when:

The issuing judge had personal knowledge of all relevant facts
The defect was a minor technical error that did not affect the probable cause showing
Police could not have discovered the warrant's defect before execution
Officers reasonably and objectively relied in good faith on the warrant issued by a neutral magistrate (Correct answer)

Correct answer: Officers reasonably and objectively relied in good faith on the warrant issued by a neutral magistrate

Under United States v. Leon, the good faith exception allows admission of evidence when officers reasonably rely on a warrant later found defective, unless the warrant was facially insufficient or the affiant misled the magistrate.

Question 103: During a Terry frisk, an officer feels a small round object and must squeeze and manipulate it before determining it is crack cocaine. He then seizes it. Under Minnesota v. Dickerson, this seizure is:

Valid because the officer was lawfully conducting a Terry frisk
Invalid because the officer exceeded the frisk's scope by manipulating the object beyond identifying weapons (Correct answer)
Invalid because drugs can never be seized during a Terry frisk
Valid because crack cocaine is per se contraband

Correct answer: Invalid because the officer exceeded the frisk's scope by manipulating the object beyond identifying weapons

Minnesota v. Dickerson's plain feel doctrine allows seizure of contraband only when its identity is immediately apparent; additional manipulation to identify the object exceeds the permissible scope of a protective frisk.

Question 104: Under the pleading standard established in Twombly and Iqbal, what must a federal complaint contain to survive a Rule 12(b)(6) motion to dismiss?

Detailed factual allegations establishing each element of every claim
Sufficient factual matter to state a claim for relief that is plausible on its face (Correct answer)
A short and plain statement showing the pleader is entitled to relief under any possible theory
Specific facts proving the defendant acted with malice or fraudulent intent

Correct answer: Sufficient factual matter to state a claim for relief that is plausible on its face

Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly require a complaint to contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.

Question 105: In Texas, a tenant who holds over after lease expiration without landlord consent becomes what type of tenant?

Tenant at sufferance (Correct answer)
Periodic tenant
Tenant for years
Tenant at will

Correct answer: Tenant at sufferance

A holdover tenant remaining without the landlord's consent is a tenant at sufferance, subject to eviction proceedings.

Question 106: Police execute a search warrant for a house. A visitor with no connection to the residents is found inside. Officers search his person without additional justification. Under Ybarra v. Illinois, this search is:

Invalid because a premises warrant does not authorize searching persons found inside absent independent probable cause directed at those individuals (Correct answer)
Valid if officers had reasonable suspicion the visitor was armed
Valid because anyone present during a warrant's execution is assumed connected to criminal activity
Valid because a premises warrant automatically authorizes searching everyone found inside

Correct answer: Invalid because a premises warrant does not authorize searching persons found inside absent independent probable cause directed at those individuals

Under Ybarra v. Illinois, a warrant authorizing the search of premises does not automatically authorize searching every person found there; police need particularized probable cause directed at each individual.

Question 107: Which statement correctly describes the 'two-dismissal rule' under FRCP 41(a)(1)(B)?

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
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

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 108: Under the Texas Rules of Civil Procedure, what pleading standard applies to most civil petitions?

Fair notice pleading requiring the petition to give the opposing party fair notice of the claim and relief sought (Correct answer)
Plausibility pleading adopted from federal practice after Twombly
Fact pleading requiring detailed factual allegations for each element of the cause of action
Code pleading requiring the pleader to state all ultimate facts

Correct answer: Fair notice pleading requiring the petition to give the opposing party fair notice of the claim and relief sought

Texas follows a fair notice pleading standard under TRCP 47, requiring only that the petition give the opposing party fair notice of the claim and the relief sought.

Question 109: 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 is primarily discriminatory against women's rights.
The law is unconstitutional because it violates procedural due process.
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 110: Police have probable cause to arrest a suspect who is inside his home. Without a warrant, officers enter and arrest him. Under Payton v. New York, absent exigent circumstances or consent, this entry is:

Valid because officers reasonably believed the suspect was present inside
Valid because the officers had probable cause to make the arrest
Valid because the home was accessible from a public area
Invalid because the Fourth Amendment requires an arrest warrant to enter a suspect's home to effectuate a felony arrest (Correct answer)

Correct answer: Invalid because the Fourth Amendment requires an arrest warrant to enter a suspect's home to effectuate a felony arrest

Under Payton v. New York, absent exigent circumstances or consent, the Fourth Amendment prohibits warrantless non-consensual entry into a suspect's home to make a routine felony arrest, even with probable cause.

Question 111: 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?

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

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 112: A defendant is charged with an offense carrying a maximum sentence of six months in jail. He demands a jury trial. Under Baldwin v. New York, the trial court:

Must provide a jury trial because any potential incarceration triggers the Sixth Amendment right
Must provide a jury trial if the defendant faces significant collateral consequences beyond the six-month maximum
May deny the request only if the defendant has prior felony convictions making him ineligible
May deny the jury trial request because offenses with a maximum of six months or less are 'petty' offenses not covered by the Sixth Amendment jury trial right (Correct answer)

Correct answer: May deny the jury trial request because offenses with a maximum of six months or less are 'petty' offenses not covered by the Sixth Amendment jury trial right

Under Baldwin v. New York, the constitutional right to jury trial applies only to 'serious' offenses; those carrying a maximum punishment of six months or less are 'petty' and do not require jury trials.

Question 113: What is the primary function of the sebaceous glands in the skin?

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

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

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

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 115: Which of the following is the most effective way to prevent the spread of infections in a barbershop?

Applying hand sanitizer before each client
Regularly cleaning and disinfecting tools and surfaces (Correct answer)
Keeping the barbershop environment well-ventilated
Using disposable gloves for each client

Correct answer: Regularly cleaning and disinfecting tools and surfaces

The most effective way to prevent the spread of infections in a barbershop is through rigorous sanitation practices. This includes thoroughly cleaning and then disinfecting all non-porous tools (like combs, scissors, clippers) and surfaces (like workstations, chairs) after every client. This process eliminates harmful bacteria, viruses, and fungi, ensuring a safe and hygienic environment.

Question 116: The state constitution in one state guaranteed the right to marry to same-sex and opposite-sex couples alike. A political group got a proposition on the ballot, and a majority of the people voted to eliminate the right of same-sex couples to marry. The proposition did not affect any of the other rights that same-sex couples may have possessed from existing state law. Persons affected sued the state government for unconstitutionally taking away the rights that they had and doing it for no legitimate purpose, in violation of the due process clause of the Fourteenth Amendment. Will the court grant the requests of the lawsuit and declare the proposition void and reinstate the rights of same-sex couples to marry?

No, because the ballot proposition was properly placed on the ballot and all statutory procedures were followed, thus precluding the courts from taking adverse action.
No, because the people voted to take a provision out of the existing constitution and when that is done by public vote it cannot be altered.
Yes, because under the Fourth Amendment it would be an illegal interference against the right of privacy guaranteed to everyone.
Yes, under the due process clause no compelling state interest justifies denying same-sex couples the fundamental right to marry. (Correct answer)

Correct answer: Yes, under the due process clause no compelling state interest justifies denying same-sex couples the fundamental right to marry.

The appellate court will likely reverse the dismissal because the massage parlor owner had a property right in her state-issued license and business permits. Under the Fourteenth Amendment's Due Process Clause, a state cannot deprive an individual of a property interest without providing adequate procedural due process, which typically includes notice and an opportunity to be heard. The city's arbitrary cancellation without proper procedure constitutes a violation of these rights.

Question 117: 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.
No, because driver being fidgety is enough for a probable cause full search of the vehicle.
Yes, because when a car is pulled over for speeding, the officer must always obtain a search prior to making any search.

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 118: A college student attended a fraternity party. He noticed a young woman flirting with him in a sexually suggestive way. He took her home and ended up forcefully raping her against her will. She escaped after the rape and went directly to the authorities. The police filed charges of rape. The student-defendant found several men willing to testify that the woman was promiscuous, that they had relations with her and that she was very prolific in her sexual life. Will the trial court likely permit the witnesses to testify to the woman’s sexual predisposition under the Federal Rules of Evidence?

No, because such "sexual predisposition" evidence is generally prohibited by the rules of evidence except under narrow exceptions. (Correct answer)
Yes, because the rules permit evidence of a victim's sexual predisposition to trust credibility.
Yes, because the evidence will help the jury see that there may be two sides to the story and that the women was thus the sexual predator instead of the man.
No. because the rules of evidence prohibit all evidence of a victim's prior sexual history.

Correct answer: No, because such "sexual predisposition" evidence is generally prohibited by the rules of evidence except under narrow exceptions.

The court will likely not allow the identification into evidence because it is not reliable enough due to the highly suggestive circumstances. The victim only saw the assailant's eyes during the crime, and then later observed the defendant in jail clothing, handcuffed, and leg-ironed, which strongly suggested he was the perpetrator. This procedure created a substantial likelihood of misidentification, violating the defendant's due process rights.

Question 119: Under FRCP Rule 68, if a defendant makes a valid offer of judgment that the plaintiff rejects, and the plaintiff ultimately recovers less than the offered amount, what consequence follows?

The plaintiff's complaint is dismissed with prejudice as a sanction for rejecting the offer
The plaintiff must pay all of the defendant's attorney's fees incurred throughout the entire litigation
The plaintiff must pay the costs incurred by the defendant after the date the offer was made (Correct answer)
The plaintiff is permanently barred from collecting any post-judgment interest on the recovery

Correct answer: The plaintiff must pay the costs incurred by the defendant after the date the offer was made

FRCP 68(d) provides that if the judgment obtained is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made, which may include attorney's fees if the underlying statute defines them as costs.

Question 120: 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
Expectation damages — the homeowner is put in the position she would have been in
Restitution / unjust enrichment — the contractor must disgorge the benefit conferred to avoid unjust enrichment (Correct answer)
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 121: 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:

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

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 122: A witness sees a murder in the park and is called to testify in the criminal case. Can the defense attorney ask her on cross examination about her habit of feeding the pigeons? The defense knows that she was cited several times for illegally feeding the pigeons. Defense counsel tries to ask, "You have a longtime habit of feeding the pigeons, don't you? You have in fact been ticketed several times for feeding pigeons, haven't you, and yet you persisted in doing it, isn't that so?" Will the trial court likely allow the witness to be questioned on these matters?

No, because the question has no probative value regarding the credibility of the witness or the guilt of the defendant. (Correct answer)
No, because a witness can never be asked about personal prior bad acts.
Yes, because feeding pigeons in the park and persisting in it after being ticketed may show an antisocial trait of the witness.
Yes, because the statement indicates that the witness' attention was always focused on feeding the pigeons.

Correct answer: No, because the question has no probative value regarding the credibility of the witness or the guilt of the defendant.

The appellate court is unlikely to go against the ruling because the trial court properly performed its gate-keeping function under Fed.R.Evid. 702, as established by *Daubert v. Merrell Dow Pharmaceuticals, Inc.* The court found the expert highly qualified, using accepted scientific methodologies, and ruled out other causes, indicating reliability. Appellate courts generally give deference to a trial court's *Daubert* ruling unless there is a clear abuse of discretion.

Question 123: Which part of the hair is responsible for its color?

Cuticle
Medulla
Follicle
Cortex (Correct answer)

Correct answer: Cortex

The cortex is the thickest, middle layer of the hair shaft, situated between the cuticle and the medulla. This layer contains the melanin pigments, which are responsible for determining the natural color of the hair. The cortex also contributes significantly to the hair's strength, elasticity, and texture.

Question 124: 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, because the witness' recognition of someone is all that is needed; the reliability or credibility of it is subject to cross examination.
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, if the witness perceived the perpetrator by seeing his eyes, and made the identification on the basis it was reliable enough to be admitted.

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 125: 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 any time a seller puts terms in fine it is proof of bad faith and unconscionability.
No, because they might be able to find another store to sell them furniture, which proves that there was no lack of bargaining power.
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.
Yes, because a combination of factors makes it likely that the court will recognize unconscionability under these circumstances. (Correct answer)

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

Scissors (Correct answer)
Towels
Brushes
Combs

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 127: 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?

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

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

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

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 129: A buyer under a contract for the sale of goods notified the seller two weeks before the delivery date that he would not accept the goods. What doctrine applies, and what may the seller do immediately?

Substantial performance; the seller must deliver and then sue
Impossibility; the seller is discharged from performance
Anticipatory repudiation; the seller may treat the contract as breached and sue for damages immediately (Correct answer)
Accord and satisfaction; the parties must negotiate a substitute

Correct answer: Anticipatory repudiation; the seller may treat the contract as breached and sue for damages immediately

Anticipatory repudiation occurs when a party unambiguously indicates before performance is due that it will not perform, entitling the non-breaching party to treat the contract as breached and seek immediate remedies.

Question 130: What is the primary purpose of using a disinfectant in a barbershop?

To kill harmful microorganisms (Correct answer)
To improve the texture of hair
To enhance the appearance of tools
To remove dirt

Correct answer: To kill harmful microorganisms

Disinfectants are chemical agents specifically formulated to destroy or inactivate harmful microorganisms, such as bacteria, viruses, and fungi, on inanimate surfaces and tools. In a barbershop, their primary purpose is to ensure sanitation and prevent the spread of infectious diseases between clients by properly sanitizing equipment. This is crucial for maintaining a hygienic environment.

Question 131: 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 motion is deemed denied by operation of law at the expiration of the 75-day period (Correct answer)
The motion is deemed granted and the case is automatically set for retrial
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

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 132: Under Texas law, which of the following is required for a valid deed to transfer real property?

A writing signed by the grantor with a sufficient property description (Correct answer)
A witness signature is required
Consideration must be stated in the deed
The deed must be recorded to be valid between the parties

Correct answer: A writing signed by the grantor with a sufficient property description

Texas follows the Statute of Frauds requiring a written instrument signed by the grantor with a legally sufficient description of the property.

Question 133: What are the requirements for a valid holographic will in Texas?

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

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

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

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.

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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Exam Rules

You can skip questions and return to them later
Flag questions for review before submitting
No feedback shown until you submit the entire exam
Unanswered questions count as wrong — answer everything
10 pretest questions are mixed in and don't affect your score
Timer auto-submits when time runs out
Your progress is auto-saved every 30 seconds

These practice questions were written with AI tools. They are not real exam questions. Exam facts are checked against the official sources listed below. Not reviewed by a subject-matter expert. Editorial policy

Sources & references

Exam facts on this page (fees, format, dates, passing scores) are checked against these official sources; the date is our last check. Editorial policy

ble.texas.gov — Score release, retake policy, fees, eligibility, score validity, passing score, exam format, late registration, registration deadline, exam dates · verified Oct 2026