Texas Bar Exam — Questions and Answers

Question 1: Which First Amendment doctrine prohibits government from restricting speech based on the viewpoint expressed by the speaker?

Prior restraint doctrine
Compelled speech doctrine
Forum selection doctrine
Viewpoint discrimination doctrine (Correct answer)

Correct answer: Viewpoint discrimination doctrine

Viewpoint discrimination—singling out particular views on a subject for disfavored treatment—is the most egregious form of content discrimination and is presumptively unconstitutional.

Question 2: For a stepparent adoption to proceed in Texas when the other biological parent is living, what is required?

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

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

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

Question 3: Under what circumstance is a Texas premarital agreement unenforceable?

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

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

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

Question 4: Texas Property Code § 13.001 establishes which type of recording act?

A race-notice statute, where a bona fide purchaser without notice must also record first to prevail (Correct answer)
A pure race statute, where the first party to record wins regardless of notice
A pure notice statute, where the last bona fide purchaser without notice prevails even without recording first
A Torrens system, where title is established by court decree and registered with the state

Correct answer: A race-notice statute, where a bona fide purchaser without notice must also record first to prevail

Texas follows a race-notice recording system: an unrecorded instrument is void as to a subsequent purchaser for value without notice who records first.

Question 5: Maria witnesses her husband being struck by a negligently driven car. She was not physically endangered but suffers severe emotional distress. Under Texas law, can Maria recover for negligent infliction of emotional distress (NIED)?

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

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

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

Question 6: Under FRCP Rule 15(a)(1), when may a party amend a pleading as a matter of course, without leave of court?

Only before the opposing party has made any appearance in the case
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)
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 7: 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
Mentioning a client's visit to the barbershop on social media (Correct answer)
Sharing personal client information with a co-worker for better service

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 8: 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?

Yes, because there is no right to earning a living under the substantive due process clause.
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.
Yes, because the state interest in protecting the public from illegal activities required the state action that was taken.
No, because she had a property right in her license and permits, which were taken without any procedural due process. (Correct answer)

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 9: Under Texas law, waiver of the attorney-client privilege occurs when:

The attorney withdraws from the representation
The client voluntarily discloses the communication to a third party outside the privilege (Correct answer)
The attorney discusses the case with co-counsel or a paralegal
The client dies, terminating the privilege automatically

Correct answer: The client voluntarily discloses the communication to a third party outside the privilege

Voluntary disclosure of privileged communications to a third party outside the privilege relationship destroys confidentiality and waives the privilege.

Question 10: At what minimum age may a Texas child file a written statement with the court expressing a preference regarding conservatorship?

16 years old
14 years old
10 years old
12 years old (Correct answer)

Correct answer: 12 years old

Texas Family Code §153.009 provides that a child 12 years of age or older may submit a written statement of preference regarding conservatorship to the court.

Question 11: Under Texas TDLR sanitation rules, which type of infection is MOST commonly associated with failure to properly disinfect clipper blades between clients?

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

Correct answer: Tinea (ringworm / fungal infection)

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

Question 12: 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:

Must deny the request and appoint standby counsel to conduct the defense instead
May allow self-representation only for misdemeanor charges, not felonies
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 13: What is the correct angle to hold a straight razor against the client's skin for an efficient, safe shave?

60 to 75 degrees
90 degrees — perpendicular to the skin
10 degrees or less — nearly flat
30 to 45 degrees (Correct answer)

Correct answer: 30 to 45 degrees

A 30–45 degree blade angle efficiently cuts hair while minimizing the risk of nicks, cuts, or skin irritation.

Question 14: 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?

Yes, because under the Fourth Amendment it would be an illegal interference against the right of privacy guaranteed to everyone.
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, under the due process clause no compelling state interest justifies denying same-sex couples the fundamental right to marry. (Correct answer)
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.

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

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

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

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

Question 16: 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 owner must accept the substitute under the doctrine of commercial impracticability
The contract is void for illegality
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 17: Under equal protection doctrine, a law classifying individuals based on race receives:

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

Correct answer: Strict scrutiny because race is a suspect classification

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

Question 18: 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?

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

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

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

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

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

Question 20: Authentication of a document under TRE 901 requires:

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

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

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

Question 21: 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 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.
Yes, because the rules permit evidence of a victim's sexual predisposition to trust credibility.
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 22: A durable power of attorney in Texas remains effective after the principal's incapacity because:

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

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

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

Question 23: To preserve error from a trial court's ruling excluding evidence for appellate review in Texas, the offering party must:

File a written objection to the exclusion within 10 days of the adverse ruling
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

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

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

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

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

Question 25: 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)
Either spouse must have lived in Texas for 30 days
Both spouses must have lived in Texas for 1 year
No residency requirement exists

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 26: Which of the following activities is most likely classified as 'abnormally dangerous,' justifying strict liability in Texas?

Running a commercial passenger airline on scheduled routes
Performing surgery using high-powered medical lasers
Operating a gasoline service station in a commercial district
Storing large quantities of explosives in a residential neighborhood (Correct answer)

Correct answer: Storing large quantities of explosives in a residential neighborhood

Storing large quantities of explosives is a classic abnormally dangerous activity — it creates a risk of serious harm that cannot be eliminated even with reasonable care.

Question 27: How should a barber handle personal conflicts or disagreements with a co-worker?

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

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 28: Under Texas Property Code § 92.103, a residential landlord must return a tenant's security deposit within how many days after the tenant surrenders the premises?

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

Correct answer: 30 days

Texas Property Code § 92.103 requires landlords to refund a security deposit within 30 days after the tenant surrenders possession.

Question 29: Under the Establishment Clause, which test asks whether a law has a secular purpose, neither advances nor inhibits religion, and avoids excessive government entanglement with religion?

The Lemon test from Lemon v. Kurtzman (Correct answer)
The neutrality test from Zelman v. Simmons-Harris
The coercion test from Lee v. Weisman
The endorsement test from Lynch v. Donnelly

Correct answer: The Lemon test from Lemon v. Kurtzman

The Lemon test, established in Lemon v. Kurtzman, provides a three-pronged framework: secular purpose, primary effect neither advancing nor inhibiting religion, and no excessive entanglement.

Question 30: Which circumstance creates a rebuttable presumption in Texas AGAINST appointing the parents as joint managing conservators?

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

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

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

Question 31: What is the effect of a Texas court order terminating parental rights on the former parent's prospective child support obligation?

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

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

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

Question 32: Which of the following would most likely be classified as a fixture rather than personal property?

A built-in furnace permanently integrated into the home's heating ductwork (Correct answer)
A freestanding refrigerator connected to a standard electrical outlet
A large flat-screen television mounted to the wall with a removable bracket
A portable dishwasher attached to a kitchen faucet by a flexible hose

Correct answer: A built-in furnace permanently integrated into the home's heating ductwork

A built-in furnace permanently integrated into the home's infrastructure is a fixture due to the high degree of annexation and the objective intent to make a permanent improvement.

Question 33: Which of the following liens CAN be enforced against a Texas homestead despite the constitutional homestead exemption?

A medical debt judgment entered by a district court
A final judgment lien arising from a credit card debt
A purchase money deed of trust used to acquire the homestead (Correct answer)
A personal injury judgment against the homestead owner

Correct answer: A purchase money deed of trust used to acquire the homestead

The Texas homestead exemption expressly permits enforcement of purchase money liens, home equity loans, home improvement liens, and property tax liens.

Question 34: 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 appellate timetable is suspended until the court actually rules on the motion
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

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 35: 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?

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

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

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

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

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

Question 37: A barber who consistently upgrades their skills through workshops and education is demonstrating which professional value?

Commitment to lifelong learning and client safety (Correct answer)
Compliance with mandatory TDLR overtime rules
Competitive advantage over colleagues
Fulfillment of federal OSHA certification

Correct answer: Commitment to lifelong learning and client safety

Ongoing education reflects dedication to providing the safest, highest-quality services and is a hallmark of professional ethics.

Question 38: Under Texas law, which of the following is classified as a spouse's separate property?

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

Correct answer: An inheritance received by one spouse during marriage

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

Question 39: Which of the following is required for a validly attested (non-holographic) will in Texas?

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

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

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

Question 40: A non-judicial foreclosure sale under a Texas deed of trust must take place:

On the first Tuesday of the month, following required notice and posting at the courthouse (Correct answer)
Only during regular business hours on a weekday excluding federal holidays
Within 30 days of the notice of default being served on the borrower
Only after a district court orders the property sold at public auction

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

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

Question 41: Which of the following is the correct procedure when a barber accidentally nicks a client's skin and draws blood?

Apply styptic powder with the same applicator used previously
Apply pressure with a bare hand and continue the service
Rinse the cut with water and resume the haircut
Stop the service, don gloves, apply antiseptic, and use a styptic pencil only on that client (Correct answer)

Correct answer: Stop the service, don gloves, apply antiseptic, and use a styptic pencil only on that client

Upon a cut, the barber must stop, wear gloves, apply antiseptic to the wound, and any single-use styptic applicator must be disposed of after one use.

Question 42: Which type of disinfectant is required by TDLR for immersing metal barbering implements?

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

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

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

Question 43: What are the requirements for a valid holographic will in Texas?

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

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

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

Question 44: 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)
Yes, because when a car is pulled over for speeding, the officer must always obtain a search prior to making any search.
No, because driver being fidgety is enough for a probable cause full search of the vehicle.
No, the stop and the search were within the normal bounds of propriety for a speeding stop.

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 45: How should a Texas barber store a used neck strip after a haircut?

Place it back in the dispenser box for reuse
Fold it and store in the used-towel bin
Disinfect and reuse for the next client
Discard it in a waste receptacle immediately after use (Correct answer)

Correct answer: Discard it in a waste receptacle immediately after use

Neck strips are single-use items and must be discarded in a waste receptacle immediately after each client to prevent contamination.

Question 46: 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 parties did not expressly prohibit delegation in the contract
When the consideration for the original contract exceeded $500
When the delegatee is willing and able to perform
When the contract is for services involving the personal skill, reputation, or character of the delegator (Correct answer)

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 47: Which agency in Texas is primarily responsible for licensing and regulating barbershops and barbers?

Texas Board of Cosmetology (TBC)
Texas Department of Licensing and Regulation (TDLR) (Correct answer)
Texas Health and Human Services (HHS)
Texas Occupational Safety Division (TOSD)

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

The Texas Department of Licensing and Regulation (TDLR) oversees the licensing of barbers and barbershops and enforces sanitation regulations.

Question 48: Under Texas Estates Code §256.003, a will must generally be filed for probate within how many years of the testator's death?

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

Correct answer: 4 years

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

Question 49: The chemical compound melanin, which gives hair its color, is produced by cells called:

Sebocytes
Fibroblasts
Melanocytes (Correct answer)
Keratinocytes

Correct answer: Melanocytes

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

Question 50: The Non-Delegation Doctrine requires that when Congress delegates legislative power to an executive agency, it must provide:

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

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

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

Question 51: A client allergy patch test for hair color should be performed:

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

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

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

Question 52: Under Texas Estates Code §254.005, a no-contest (in terrorem) clause in a will is:

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

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

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

Question 53: Which item is classified as single-use (disposable) and must never be reused in a Texas barbershop?

Barber capes
Neck strips (paper collars) (Correct answer)
Stainless steel combs
Plastic spray bottles

Correct answer: Neck strips (paper collars)

Neck strips are single-use items that must be discarded after each client because they cannot be effectively disinfected.

Question 54: During a permanent wave (perm) service, the neutralizer is applied in order to:

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

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

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

Question 55: The Tenth Amendment reserves powers not delegated to the federal government to the states or the people. Under New York v. United States, the federal government may NOT:

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

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

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

Question 56: Which of the following debts is presumed to be a community debt under Texas law?

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

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

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

Question 57: 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'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
Counsel had an active conflict of interest that adversely affected the representation

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 58: The residual hearsay exception under TRE 807 requires that the statement have:

Been corroborated by independent physical evidence
Been made under oath before a judicial officer
Been made by an unavailable declarant only
Circumstantial guarantees of trustworthiness equivalent to the listed exceptions (Correct answer)

Correct answer: Circumstantial guarantees of trustworthiness equivalent to the listed exceptions

The residual exception requires the statement to have equivalent circumstantial guarantees of trustworthiness to the enumerated exceptions in TRE 803 and 804.

Question 59: T executes a valid will leaving everything to her husband. Two years later she has a child and dies without amending the will. Under Texas law, the child:

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

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

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

Question 60: A license to use land is distinguishable from an easement primarily because:

A license is generally revocable at the will of the licensor, unlike an easement (Correct answer)
A license must be granted by a recorded deed to be enforceable
A license requires consideration to be valid
A license runs with the land and binds successors in interest

Correct answer: A license is generally revocable at the will of the licensor, unlike an easement

A license is a personal, revocable privilege to use another's land, whereas an easement is an irrevocable property right that binds successors.

Question 61: How often should barber chairs and workstations be cleaned and disinfected?

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

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

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

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

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

Question 63: In a Texas barbershop, the minimum acceptable ventilation requirement helps primarily to:

Reduce noise from clipper motors
Keep chemical fumes from accumulating to hazardous levels (Correct answer)
Maintain the temperature of hot towels
Prevent static electricity buildup from clippers

Correct answer: Keep chemical fumes from accumulating to hazardous levels

Adequate ventilation is required in Texas barbershops to prevent the buildup of chemical fumes from disinfectants, hair products, and other chemicals to hazardous concentrations.

Question 64: Under Texas TDLR rules, how long must implements be submerged in an EPA-registered disinfectant solution to be considered properly disinfected?

10 minutes (Correct answer)
20 minutes
1 minute
5 minutes

Correct answer: 10 minutes

Texas TDLR requires implements to be fully submerged in an EPA-registered disinfectant for at least 10 minutes to ensure proper disinfection.

Question 65: A court will impose a constructive trust most appropriately when:

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

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

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

Question 66: If a client expresses dissatisfaction with their haircut, what is the most appropriate response?

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

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

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

Correct answer: 5 years

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

Question 68: How should a Texas barber properly dispose of a used single-use razor blade?

Wrap in tissue and place in the regular trash
Place in a puncture-resistant sharps container (Correct answer)
Rinse, disinfect, and reuse for the next client
Return to the manufacturer for certified disposal

Correct answer: Place in a puncture-resistant sharps container

Used razor blades must be deposited in a puncture-resistant sharps container to prevent accidental injury and contamination.

Question 69: Under Texas law, which communication falls OUTSIDE the physician-patient privilege?

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

Correct answer: Records of a court-ordered psychiatric examination

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

Question 70: A testator who suffers from an insane delusion may lack testamentary capacity only if:

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

Correct answer: The insane delusion actually influenced the testamentary disposition

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

Question 71: When performing a fade haircut, which technique is commonly used to blend different lengths of hair?

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

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 72: A barber witnesses an unlicensed individual performing haircuts in a Texas shop. Ethically, the barber should:

Charge the unlicensed individual a fee to continue working
Report the unlicensed practice to TDLR (Correct answer)
Train the individual themselves to become licensed
Ignore it since it's not their business

Correct answer: Report the unlicensed practice to TDLR

Reporting unlicensed practice to TDLR protects consumers and upholds the integrity and public safety standards of the profession.

Question 73: Which principle explains why two like electrical poles repel each other and why galvanic current can drive solutions into the skin?

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

Correct answer: Iontophoresis via electrophoresis principles

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

Question 74: Hyperhidrosis, a condition relevant to barbers when performing hand and arm treatments, refers to:

Excessive sweating beyond what is needed for thermoregulation (Correct answer)
An allergic rash caused by sweat trapped under occlusive products
Inflammation of the sweat glands leading to blocked pores
Abnormally dry skin due to insufficient sweat gland activity

Correct answer: Excessive sweating beyond what is needed for thermoregulation

Hyperhidrosis is a condition of excessive, uncontrollable sweating that occurs beyond the body's normal thermoregulatory needs, and can affect the hands, feet, and underarms.

Question 75: Under the minimum contacts test for personal jurisdiction, what constitutional minimum is required by International Shoe Co. v. Washington?

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

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

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

Question 76: Which clipper guard number leaves the least amount of hair (shortest cut)?

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

Correct answer: #0

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

Question 77: H executes a valid will and later writes 'VOID' across every page and signs his name. Under Texas Estates Code §253.002, this act:

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

Correct answer: Effectively revokes the will by cancellation

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

Question 78: A barber notices a colleague performing services while visibly intoxicated on the job. The most ethical and professional action is to:

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

Correct answer: Notify the shop owner or manager immediately

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

Question 79: A social host throws a party, knowingly allows a visibly intoxicated adult guest to drive away, and the guest causes a crash. Under Texas law, the social host is:

Liable only if the host also provided the vehicle to the guest
Automatically liable for all injuries caused by the intoxicated guest
Subject to very limited liability because Texas social host law does not impose broad duties for serving alcohol to adults (Correct answer)
Strictly liable under the Texas Dram Shop Act for serving alcohol

Correct answer: Subject to very limited liability because Texas social host law does not impose broad duties for serving alcohol to adults

Texas's Dram Shop Act primarily targets commercial providers; social hosts serving alcohol to non-minor adults face very limited tort liability.

Question 80: Which type of intervening cause most likely constitutes a superseding cause that relieves the original tortfeasor of liability?

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

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

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

Question 81: 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 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 reversed the conviction because the accused's Fourth Amendment rights were violated without the assistance of counsel.
The Court affirmed the conviction and ruled that the defendant's right to counsel had not been interfered with.
The Court upheld the conviction because the defendant's words are always admissible at trial if given voluntarily and without coercion.

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

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

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

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

Question 83: Under TRE 405, when character is an essential element of a claim or defense, it may be proved by:

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

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

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

Question 84: What does the term 'sanitation' mean in the context of Texas barbershop regulations?

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

Correct answer: Reducing microbial contamination to a safe level

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

Question 85: 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?

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.
Yes, because it is being used to rehabilitate a witness whose credibility was attacked. (Correct answer)
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 86: What is the mandatory waiting period before a Texas court may grant a divorce after the original petition is filed?

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

Correct answer: 60 days

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

Question 87: An experienced Texas barber agrees to mentor a new barber student. Which of the following represents the most ethical approach to mentorship?

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

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

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

Question 88: Under the Federal Rules of Civil Procedure, how many days does a defendant have to respond to a complaint after being served?

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

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 89: Monilethrix is a hair disorder characterized by:

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

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

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

Question 90: What is the time limit for probating a will in Texas after the testator's death?

One year
Two years
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 91: A defendant swings a baseball bat intending to hit a ball, but accidentally strikes the plaintiff who was standing nearby. Which analysis correctly addresses battery?

Battery exists because the defendant intended the act — swinging the bat — that caused the harmful contact (Correct answer)
Battery requires the defendant to have intended to cause serious bodily harm
No battery because the defendant did not intend to hit the plaintiff
This is only negligence because no harmful intent was present

Correct answer: Battery exists because the defendant intended the act — swinging the bat — that caused the harmful contact

Battery requires intent to cause contact, not intent to cause harm — the defendant need only intend the act that results in the harmful or offensive touching.

Question 92: What is the statute of limitations for most personal injury claims in Texas?

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

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

Bacteria
Virus
Fungus (Correct answer)
Parasite

Correct answer: Fungus

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

Question 94: Under the Texas slayer rule (Estates Code §201.058), a beneficiary who feloniously and intentionally kills the decedent:

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

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

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

Question 95: A state law that explicitly discriminates against out-of-state commerce in favor of in-state competitors is subject to which form of dormant Commerce Clause analysis?

Pike balancing test weighing burdens against benefits
Intermediate scrutiny requiring a substantial state interest
Per se invalidity unless it falls within the market participant exception or Congress consents (Correct answer)
Rational basis review because states have broad police powers

Correct answer: Per se invalidity unless it falls within the market participant exception or Congress consents

Facially discriminatory state laws that favor local over out-of-state commerce are virtually per se invalid under the dormant Commerce Clause, subject only to narrow exceptions like the market participant doctrine.

Question 96: Under Texas law, a valid holographic will must be:

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

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

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

Question 97: Texas follows which rule regarding comparative fault in negligence cases?

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

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

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

Correct answer: Having at least two living heirs

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

Question 99: In chemistry, an atom or molecule that readily accepts a hydrogen ion (proton) and raises pH when dissolved in water is classified as a:

Base (alkali) (Correct answer)
Buffer
Acid
Neutral compound

Correct answer: Base (alkali)

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

Question 100: Texturizing (thinning) shears reduce bulk by:

Slicing hair at an extreme diagonal angle
Cutting only the outermost surface layer of the hair section
Cutting every strand to a uniformly short length
Removing approximately half the strands in each cut pass (Correct answer)

Correct answer: Removing approximately half the strands in each cut pass

Thinning shears have serrated teeth that skip some strands while cutting others, removing roughly 50% of the bulk without visibly changing the length.

Question 101: Under TRE 408, evidence of settlement offers and negotiations is inadmissible to prove:

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

Correct answer: Liability for or invalidity of the disputed claim

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

Question 102: What is the Texas homestead exemption's primary purpose in real property law?

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

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 103: Under the Texas Family Code, what is required for a valid adult adoption?

Both the adult to be adopted and the adopting adult must consent in writing (Correct answer)
Adults may only be adopted by a stepparent or relative
Adult adoption is prohibited in Texas
Adult adoption requires the same home study process as a minor adoption

Correct answer: Both the adult to be adopted and the adopting adult must consent in writing

Texas Family Code §162.501 permits adoption of an adult if both the adult adoptee and the adopting adult consent; no home study or parental termination is required.

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?

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
Detailed factual allegations establishing each element of every claim

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

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

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 106: 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?

Yes, because the charge of bias against an expert witness requires a "trial within a trial" and that was not done.
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)
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.
No, the court has absolute discretion in deciding the competency of the expert for purposes of giving expert trial testimony and evidence.

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

20 days
30 days (Correct answer)
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 108: Which statement best distinguishes public nuisance from private nuisance?

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

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

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

Question 109: Constructive eviction occurs when:

A landlord fails to serve a required written eviction notice before filing suit
A landlord enters without notice to make emergency repairs
A landlord's substantial interference with the tenant's use and enjoyment causes the tenant to vacate (Correct answer)
A landlord physically removes a tenant's belongings from the premises

Correct answer: A landlord's substantial interference with the tenant's use and enjoyment causes the tenant to vacate

Constructive eviction requires that the landlord's wrongful conduct substantially interfere with the tenant's use and enjoyment, and that the tenant actually abandon the premises within a reasonable time.

Question 110: Which cutting technique is best for removing bulk and adding texture to the hair?

Thinning (Correct answer)
Blending
Shear-over-comb
Clip-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 111: A spendthrift provision in a trust primarily serves to:

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

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

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

Question 112: A sublease differs from an assignment in that:

A sublease transfers the entire remaining lease term to the subtenant
In a sublease, the subtenant becomes directly liable to the landlord for rent
A sublease always requires the landlord's prior written consent
In a sublease, the original tenant retains a reversionary interest and remains in privity of contract with the landlord (Correct answer)

Correct answer: In a sublease, the original tenant retains a reversionary interest and remains in privity of contract with the landlord

In a sublease, the original tenant transfers less than the full remaining term, retaining a reversion, and remains responsible to the landlord under the original lease.

Question 113: Under Texas law, a court may appoint a guardian for an adult when:

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

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

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

Question 114: What is the maximum initial duration of a temporary ex parte protective order issued in a Texas family violence proceeding?

Up to 45 days
Up to 30 days
Up to 60 days
Up to 20 days (Correct answer)

Correct answer: Up to 20 days

Texas Family Code §83.001 limits a temporary ex parte protective order to no more than 20 days, with a possible extension for an additional 20 days on good cause.

Question 115: Under Texas Rules of Civil Procedure, which discovery control plan applies by default to most civil cases?

Level 4
Level 3
Level 2 (Correct answer)
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 116: Under res ipsa loquitur in Texas, a plaintiff uses the doctrine to:

Shift the burden of proving damages entirely to the defendant
Establish strict liability without any proof of fault
Create an inference of negligence when the injury type wouldn't normally occur without it and the instrumentality was under the defendant's control (Correct answer)
Prove the defendant's specific negligent act beyond reasonable doubt

Correct answer: Create an inference of negligence when the injury type wouldn't normally occur without it and the instrumentality was under the defendant's control

Res ipsa loquitur allows negligence to be inferred when the accident type doesn't normally occur without negligence and the defendant controlled the instrumentality causing harm.

Question 117: The hydrogen peroxide (H2O2) developer used with oxidative hair color releases oxygen, which performs which function?

Lifts the cuticle to allow color molecules to enter
Neutralizes the alkaline base of the color formula
Oxidizes colorless dye molecules to develop color and lightens melanin (Correct answer)
Creates a protective coating over the hair shaft

Correct answer: Oxidizes colorless dye molecules to develop color and lightens melanin

The nascent oxygen released by hydrogen peroxide both oxidizes (polymerizes) the small dye intermediates into larger color molecules and partially oxidizes natural melanin, contributing to lightening.

Question 118: Under the theory of negligent hiring, an employer may be held directly liable when:

The employer knew or should have known the employee posed a foreseeable risk of harm to others but hired or retained them anyway (Correct answer)
Any employee commits a tort while on duty, regardless of the employer's knowledge
An employee misclassified as a contractor commits a negligent act
The employer failed to maintain required workers' compensation insurance

Correct answer: The employer knew or should have known the employee posed a foreseeable risk of harm to others but hired or retained them anyway

Negligent hiring is a direct negligence claim against the employer — liability attaches when the employer knew or should have known of the employee's dangerous propensity and failed to act.

Question 119: 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)
Frustration of purpose — a subsequent event destroyed the value
Unilateral mistake — only one party was wrong
Impossibility — performance became objectively impossible

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 120: In the context of electricity used in barbering, what does the term 'ampere' measure?

The resistance to electrical flow
The rate of flow of electrical current (Correct answer)
The total electrical power consumed
The pressure or force of electrical current

Correct answer: The rate of flow of electrical current

Ampere (amp) measures the rate of flow of electrical current — specifically, the number of electrons moving past a point per second.

Question 121: The Eighth Amendment prohibition on cruel and unusual punishment applies to which of the following under current Supreme Court doctrine?

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

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

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

Question 122: 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:

Is admissible because the lineup was not unnecessarily suggestive
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 witness can be cross-examined at trial about the lineup procedure
May be excluded only if the defendant also challenges the in-court identification

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

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

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

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

Question 124: Texas does not have a surviving spouse elective share statute primarily because:

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

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

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

Question 125: Which aftershave product is most appropriate for a client with dry or sensitive skin?

Witch hazel applied at full, undiluted concentration
An aftershave balm or lotion containing moisturizing agents (Correct answer)
An alcohol-based aftershave splash
An astringent toner to close pores tightly

Correct answer: An aftershave balm or lotion containing moisturizing agents

Aftershave balms contain emollients and soothing agents that hydrate and calm the skin, unlike alcohol-based products that strip moisture.

Question 126: Which of the following scenarios is most likely to satisfy the attractive nuisance doctrine?

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

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

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

Question 127: The 'fundamental fairness' approach to due process incorporation held that the Fourteenth Amendment absorbs only those Bill of Rights guarantees that are fundamental to ordered liberty. This approach was most associated with:

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

Correct answer: Justice Felix Frankfurter's selective incorporation view

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

Question 128: A client asks a barber to perform a chemical relaxer service that the barber has not been trained to do safely. The ethical response is to:

Attempt the service to avoid disappointing the client
Decline and refer the client to a qualified professional (Correct answer)
Charge a higher price to compensate for the risk
Have an unlicensed assistant perform the service

Correct answer: Decline and refer the client to a qualified professional

Performing services beyond one's competence is unethical and endangers the client — referral to a qualified professional is the correct course of action.

Question 129: T bequeaths 'my red Toyota Camry' to A. Before T's death, T sells the Camry and spends the proceeds. Under Texas ademption rules, A receives:

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

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

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

Question 130: When a Texas decedent dies intestate survived by a spouse and children who are not children of the surviving spouse, what interest does the surviving spouse take in the decedent's separate real property?

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

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

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

Question 131: The Supreme Court held in Obergefell v. Hodges that the right to marry is a fundamental right under the Fourteenth Amendment. This holding was based on:

The Ninth Amendment
The Equal Protection Clause alone
Both the Due Process and Equal Protection Clauses (Correct answer)
The Privileges or Immunities Clause alone

Correct answer: Both the Due Process and Equal Protection Clauses

Obergefell rested on both the Due Process Clause (fundamental right to marry) and the Equal Protection Clause (prohibition on unequal treatment of same-sex couples).

Question 132: Once a parent executes an irrevocable affidavit of voluntary relinquishment in Texas, under what circumstances may it be successfully challenged?

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

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

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

Question 133: Under Texas law, a licensed barber may refuse service to a client based on which of the following?

The client's religious beliefs
The client's race or national origin
The client's gender identity
The client's refusal to follow the shop's established health and safety policies (Correct answer)

Correct answer: The client's refusal to follow the shop's established health and safety policies

Barbers may refuse service for legitimate safety or policy reasons but cannot discriminate based on protected characteristics under Texas and federal civil rights laws.

Question 134: Under Texas law, muniment of title is an appropriate probate procedure when:

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

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

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

Question 135: If a client discloses they are HIV-positive before a haircut in a Texas barbershop, the barber must:

Require the client to sign a liability waiver before proceeding
Decline the service to protect themselves and other clients
Consult TDLR before performing any service on that client
Provide the service using standard precautions, the same as for any client (Correct answer)

Correct answer: Provide the service using standard precautions, the same as for any client

HIV-positive status is NOT a contraindication for barber services; barbers must apply standard (universal) precautions with all clients regardless of known infection status.

Question 136: In a Texas products liability case, which legal theory does NOT require proof of negligence?

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

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

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

Correct answer: Modifying or eliminating spousal maintenance rights upon divorce

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

Question 138: Under the shelter rule in Texas:

A subsequent purchaser is sheltered from adverse possession claims if they paid fair market value
A grantee from a bona fide purchaser takes free of prior unrecorded interests even if the grantee had actual notice (Correct answer)
A donee who receives a gift deed is sheltered from claims by the grantor's judgment creditors
A mortgagee is sheltered from claims that accrued before the deed of trust was recorded

Correct answer: A grantee from a bona fide purchaser takes free of prior unrecorded interests even if the grantee had actual notice

The shelter rule allows a grantee to take the same protected status as their grantor BFP, even if the grantee personally had actual notice of an unrecorded prior interest.

Question 139: A prior inconsistent statement is admissible as substantive evidence under TRE 801(e)(1)(A) only if it was:

Made to a law enforcement officer during an official investigation
Recorded on audio or video and preserved
Given under oath at a prior trial, hearing, or other proceeding (Correct answer)
Written and signed by the witness at the time it was made

Correct answer: Given under oath at a prior trial, hearing, or other proceeding

A prior inconsistent statement is substantively admissible only if it was given under oath subject to perjury at a prior trial, hearing, or proceeding.

Question 140: 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?

Yes, because the statement indicates that the witness' attention was always focused on feeding the pigeons.
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.
No, because the question has no probative value regarding the credibility of the witness or the guilt of the defendant. (Correct answer)

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

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

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

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

Question 142: Which of the following is an example of maintaining professionalism in a barbershop?

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

Correct answer: Maintaining a clean and organized workspace

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

Question 143: Which of the following is NOT a statutory ground for divorce under the Texas Family Code?

Insupportability
Adultery
Irreconcilable differences (Correct answer)
Cruel treatment

Correct answer: Irreconcilable differences

Texas uses 'insupportability' as its no-fault ground; 'irreconcilable differences' is a California-style term that does not appear in the Texas Family Code.

Question 144: Which clause prohibits states from denying 'any person within its jurisdiction the equal protection of the laws'?

The Due Process Clause of the Fifth Amendment
The Privileges or Immunities Clause of the Fourteenth Amendment
The Supremacy Clause of Article VI
The Equal Protection Clause of the Fourteenth Amendment (Correct answer)

Correct answer: The Equal Protection Clause of the Fourteenth Amendment

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

Question 145: A retailer agreed to purchase an orchard's total cherry production for a 12-month period. The contract included this provision: "Terms: Cash upon delivery — deliveries to be made at least twice per month." The deliveries went as scheduled. At the beginning of the fifth month, the orchard sent notice to the retailer that a load of cherries was ready for pick up. The truck driver, however, forgot to take the retailer's check with him. The orchard turned over the cherries but advised the retailer to pay within three days. The retailer sent the check by mail but it arrived late by two days. The orchard refused to deliver any more cherries. The retailer sued the orchard for breach of the installment contract and demanded the difference in price between the cherries on the open market and what he would have paid under the contract. The orchard claimed that the delayed payment impaired the value of the contract and moved to dismiss. Will the court grant the orchard's motion to dismiss?

No, there is always a grace period of ten days for any single payment pertaining to an installment contract. (Correct answer)
Yes, the failure to make an installment on time was a breach because time is of the essence in all installment agreements.
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.

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 146: An easement by necessity arises when:

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

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

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

Question 147: 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?

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

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

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

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

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

Correct answer: 5%

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

Question 150: Under Texas law, can a spouse be completely disinherited by will?

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

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

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

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

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

Question 152: 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 153: When may a Texas court deviate from the statutory child support percentage guidelines?

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

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

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

Question 154: Under Texas law, what cap applies to non-economic damages in medical malpractice cases?

$100,000 per claimant
$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

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

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

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 156: Under Texas law, what is the primary threshold eligibility requirement for an award of spousal maintenance?

The requesting spouse earned less income during the marriage
A finding of marital fault on the part of the paying spouse is required
The marriage lasted at least 10 years and the requesting spouse lacks sufficient property to provide for minimum reasonable needs (Correct answer)
Either spouse may request maintenance in any divorce

Correct answer: The marriage lasted at least 10 years and the requesting spouse lacks sufficient property to provide for minimum reasonable needs

Texas Family Code §8.051 generally requires a marriage of at least 10 years and that the claimant spouse lack sufficient property, including their separate property, to meet minimum reasonable needs.

Question 157: Under the Texas Rape Shield Law (TRE 412), evidence of a victim's past sexual behavior is:

Admissible if the prior conduct occurred with the defendant
Generally inadmissible, with narrow exceptions such as constitutional necessity (Correct answer)
Admissible through reputation or opinion testimony only
Admissible whenever the defendant raises consent as a defense

Correct answer: Generally inadmissible, with narrow exceptions such as constitutional necessity

TRE 412 generally excludes a victim's past sexual behavior, with narrow exceptions including constitutional necessity and specific acts with the accused.

Question 158: 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.
Yes, because the service breached the duty of good faith inherent in every contract.
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.

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 159: Which type of pathogen is NOT destroyed by chemical disinfectants and requires sterilization methods such as autoclaving?

Bacterial endospores (Correct answer)
Lipid-enveloped viruses
Vegetative bacteria
Fungi

Correct answer: Bacterial endospores

Bacterial endospores (like those from Clostridium and Bacillus species) form protective shells that resist chemical disinfectants and require steam sterilization (autoclaving) to destroy.

Question 160: Under First Amendment free speech doctrine, a content-neutral regulation of speech in a public forum must satisfy which test?

Clear and present danger test
Intermediate scrutiny (significant interest, narrowly tailored, ample alternative channels) (Correct answer)
Strict scrutiny (compelling interest, narrowly tailored)
Rational basis (legitimate interest, rationally related)

Correct answer: Intermediate scrutiny (significant interest, narrowly tailored, ample alternative channels)

Content-neutral time, place, and manner restrictions in public forums must be narrowly tailored to serve a significant government interest and leave open ample alternative channels of communication.

Question 161: What standard does a Texas court apply when dividing community property upon divorce?

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

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

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

Question 162: Which of the following is NOT a basis for subject matter jurisdiction in federal court?

Supplemental jurisdiction under 28 U.S.C. § 1367
Personal jurisdiction based on the defendant's contacts with the forum state (Correct answer)
Federal question jurisdiction under 28 U.S.C. § 1331
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 163: An employer berates a pregnant employee in front of coworkers, calling her pregnancy 'an embarrassment' and saying she is 'too slow to be useful.' She suffers severe emotional distress. This scenario most likely:

Satisfies IIED because any intentional workplace humiliation meets the standard
Likely does not satisfy IIED because insulting workplace comments, even offensive ones, rarely meet Texas's extreme-and-outrageous standard (Correct answer)
Does not satisfy IIED because the plaintiff was not threatened with physical harm
Satisfies IIED because targeting a pregnant employee's condition is per se extreme and outrageous

Correct answer: Likely does not satisfy IIED because insulting workplace comments, even offensive ones, rarely meet Texas's extreme-and-outrageous standard

Texas requires conduct that goes beyond all reasonable bounds of decency; offensive and insulting workplace comments, while potentially actionable under other theories, typically fall short of the extremely high IIED threshold.

Question 164: A barber is asked by their shop owner to use an unapproved chemical product not registered with TDLR. The ethical and legal response is to:

Refuse and inform the owner that using unregistered products violates TDLR regulations (Correct answer)
Use it only on clients who sign a waiver
Use it since the shop owner's instructions take priority over TDLR rules
Report the owner anonymously and continue using the product

Correct answer: Refuse and inform the owner that using unregistered products violates TDLR regulations

A barber is personally responsible for following TDLR regulations, and using prohibited products exposes both the barber and client to harm regardless of employer instructions.

Question 165: What is the purpose of using a disinfectant in a barbershop?

To enhance the appearance of the salon
To neutralize unpleasant odors
To make hair products more effective
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 166: An easement appurtenant differs from an easement in gross primarily because:

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

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

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

Question 167: A Texas barber is offered a cash payment to perform a service 'off the books' without recording it. The ethical barber should:

Accept the cash payment since it benefits both parties
Decline and explain that all transactions must be properly recorded for tax and TDLR compliance (Correct answer)
Accept only if the client signs a confidentiality agreement
Perform the service and report it later at annual tax time

Correct answer: Decline and explain that all transactions must be properly recorded for tax and TDLR compliance

Proper record-keeping and tax compliance are legal and professional obligations; unrecorded 'off the books' transactions violate both ethical and legal standards.

Question 168: What is the 'proportionate responsibility' system in Texas tort law?

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

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 169: 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 170: The arrector pili muscle, found in the dermis, is responsible for:

Pumping sebum from the sebaceous gland to the surface
Regulating blood flow to the hair papilla
Controlling the growth cycle of the hair follicle
Contracting to cause the hair to stand upright (goosebumps) (Correct answer)

Correct answer: Contracting to cause the hair to stand upright (goosebumps)

The arrector pili is a small smooth muscle attached to the hair follicle; when it contracts in response to cold or fear, it causes the hair to stand erect, creating 'goosebumps.'

Question 171: Which factor is EXPRESSLY prohibited from consideration when a Texas court makes a conservatorship or possession determination?

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

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

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

Question 172: Under the Texas Family Code, what is the legal presumption regarding property acquired by either spouse during marriage?

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

Correct answer: It is community property

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

Question 173: Under the Texas Estates Code, the family allowance is best described as:

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

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

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

Question 174: 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 children inherit everything
The spouse inherits all community property and one-third of separate personal property (Correct answer)
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 175: 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?

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

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 176: Chemical hair relaxers permanently straighten hair by:

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

Correct answer: Breaking and reforming disulfide bonds within the cortex

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

Question 177: During marriage, H uses pre-marital savings to purchase a rental property in his name alone. If H dies intestate, this property is most likely characterized as:

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

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

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

Question 178: 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 only the passenger compartment without a warrant
Search the trunk only after obtaining a separate warrant for the locked container
Search every part of the vehicle and any container within it that may contain the item sought (Correct answer)

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 179: A barber client complains that their haircut looks uneven immediately after the service. The most professional response is to:

Insist the client pay in full before any corrections
Apologize and offer to correct the issue at no additional charge (Correct answer)
Argue that the client's perception is incorrect
Ask the client to leave and schedule a new appointment

Correct answer: Apologize and offer to correct the issue at no additional charge

Offering to correct mistakes professionally and without additional charge demonstrates accountability and client-centered ethics.

Question 180: Under TRE 201, a court may take judicial notice of an adjudicative fact that is:

Stipulated to by at least one of the parties
Found in any peer-reviewed published treatise
Generally known within the jurisdiction or readily determinable from reliable sources (Correct answer)
Stated in a sworn expert report submitted by either party

Correct answer: Generally known within the jurisdiction or readily determinable from reliable sources

TRE 201 permits judicial notice of facts not subject to reasonable dispute because they are generally known or accurately determinable from reliable sources.

Question 181: In Texas, what is an 'independent administration' of an estate?

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

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

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

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

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

Question 183: Which category of damages is recoverable in a Texas survival action but NOT in a wrongful death action?

Surviving family members' grief and loss of companionship
The decedent's pre-death medical expenses, pain and suffering, and lost earnings between injury and death (Correct answer)
Loss of consortium suffered by the surviving spouse after the date of death
Future earnings the decedent would have earned after the date of death

Correct answer: The decedent's pre-death medical expenses, pain and suffering, and lost earnings between injury and death

A survival action, brought by the decedent's estate, recovers damages the decedent personally suffered before death — pre-death medical expenses, pain and suffering, and lost earnings during that period.

Question 184: Under TRE 803(1), which statement qualifies as a present sense impression?

A statement made while perceiving an event or immediately thereafter (Correct answer)
A statement made for medical diagnosis or treatment
A statement made under the stress of excitement caused by a startling event
A statement contained in an ancient document

Correct answer: A statement made while perceiving an event or immediately thereafter

A present sense impression under TRE 803(1) is a statement describing an event made while perceiving it or immediately thereafter.

Question 185: Which statement best describes independent administration in Texas?

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

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

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

Question 186: Alopecia areata is believed to be caused by:

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

Correct answer: Autoimmune attack on hair follicles

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

Question 187: 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:

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

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 188: Stropping a straight razor is performed in order to:

Realign the blade's microscopic edge and remove burrs (Correct answer)
Remove rust and corrosion from the blade surface
Sterilize the blade before use on a client
Thin the blade for closer skin contact

Correct answer: Realign the blade's microscopic edge and remove burrs

Stropping realigns the razor's microscopic cutting edge and removes small imperfections to keep the blade smooth and sharp.

Question 189: Under the Texas Family Code, who is eligible to file a petition to adopt a child?

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

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

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

Question 190: When a Texas estate has insufficient assets to pay all legacies, which class of bequests abates LAST (is paid first)?

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

Correct answer: Specific bequests

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

Question 191: A negative easement is best described as one that:

Can be freely revoked by the servient estate owner at any time
Automatically terminates upon transfer of the dominant estate to a new owner
Allows the holder to physically enter and use the servient estate
Restricts the servient estate owner from doing something that would otherwise be lawful on their own land (Correct answer)

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

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

Question 192: Under Texas Estates Code §255.153, the anti-lapse statute substitutes the predeceased beneficiary's descendants when the predeceased beneficiary was:

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

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

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

Question 193: Which Texas law governs the relationship between landlords and residential tenants?

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

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

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

Correct answer: Best interest of the child

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

Question 195: Under the Takings Clause of the Fifth Amendment, a per se physical taking occurs when the government:

Substantially diminishes the value of private property through regulation
Requires property owners to obtain permits before developing land
Permanently physically occupies private property, however small the intrusion (Correct answer)
Zones property for a less valuable use than the owner intended

Correct answer: Permanently physically occupies private property, however small the intrusion

Loretto v. Teleprompter Manhattan CATV Corp. held that any permanent physical occupation of property by the government constitutes a per se taking regardless of the economic impact or public benefit.

Question 196: For a testamentary trust created by a will to be valid, which set of elements is minimally required?

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

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

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

Question 197: What is the mandatory waiting period for a Texas divorce after the petition is filed?

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

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

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

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

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

Question 199: Under the Texas Constitution and Estates Code, a surviving spouse's right to occupy the homestead:

Terminates automatically upon the surviving spouse's remarriage
Is limited to urban homesteads of no more than 10 acres
Converts to fee simple ownership after five years of continuous occupancy
Is a right to use and occupy the homestead for life or until abandonment (Correct answer)

Correct answer: Is a right to use and occupy the homestead for life or until abandonment

The surviving spouse holds a constitutional homestead right of use and occupancy for life or until abandonment — it does not terminate upon remarriage.

Question 200: In a Texas civil jury trial in a district court, how many jurors must agree to render a valid verdict?

All 12 jurors must agree unanimously
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

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.

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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