VT BAR Cheat Sheet 2026

The 30 highest-yield VT BAR facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.

1. An act performed by a corporation outside the scope of its stated purposes in the articles of incorporation is known as: → Ultra vires
2. Under the Vermont Constitution, which branch has the power to grant pardons? → The Governor
3. FRE 407 provides that evidence of subsequent remedial measures is generally inadmissible to prove which of the following? → Negligence, culpable conduct, or a product defect
4. The best evidence rule (FRE 1002) generally requires which of the following to prove the contents of a document? → The original document itself
5. Under Vermont law, which standard of proof applies in criminal cases? → Beyond a reasonable doubt
6. The Takings Clause requires the government to pay just compensation when it takes private property for which purpose? → Public use only
7. A client dies during the pendency of litigation. What happens to the attorney-client privilege? → The privilege survives death and may be asserted by the estate's representative
8. An easement appurtenant benefits which party? → The owner of the dominant estate
9. Which Vermont law governs the disclosure obligations of residential real estate sellers to buyers? → Vermont Residential Property Disclosure Act (27 V.S.A. § 1154)
10. Under UCC Article 2, the 'perfect tender rule' applies to: → Single-delivery contracts, giving the buyer the right to reject for any nonconformity
11. Which of the following correctly describes the mailbox rule for contract acceptance? → Acceptance by mail is effective upon proper dispatch, not upon receipt
12. Vermont Rule of Evidence 502 (mirroring FRE 502) addresses inadvertent disclosure of which type of privileged information? → Attorney-client communications and work product
13. In Vermont divorce proceedings, which ground is required — Vermont being a no-fault divorce state? → A 6-month separation with no likelihood of reconciliation
14. The Confrontation Clause of the Sixth Amendment requires that testimonial hearsay may only be admitted against a criminal defendant when which condition is met? → The declarant is unavailable AND the defendant had a prior opportunity to cross-examine
15. Under the First Amendment as applied to Vermont, which level of scrutiny applies to content-neutral time, place, and manner restrictions on speech? → Intermediate scrutiny
16. What is the legal standard for determining whether a confession is admissible in court? → The confession must be made voluntarily and not coerced
17. Under the 'eggshell plaintiff' rule, a defendant is liable for what extent of harm to an unusually vulnerable plaintiff? → The full extent of harm, even if unforeseeable due to the plaintiff's vulnerability
18. Under MR 1.8(a), a lawyer who wants to enter a business transaction with a current client must satisfy all of the following EXCEPT: → The client must be represented by independent counsel in negotiating the transaction
19. Which Vermont statute provides immunity to landowners who open their land for recreational use without charge? → Vermont Recreational Use Statute (12 V.S.A. § 5791)
20. The Free Exercise Clause protects individuals from government burdens on religion unless the law is which of the following? → A law of general applicability and neutrality toward religion
21. What is the legal effect of a nolle prosequi in a criminal case? → The prosecution voluntarily dismisses the charges, though reprosecution may be possible
22. Under respondeat superior, an employer is vicariously liable when: → An employee commits a tort while acting within the scope of their employment
23. Under Vermont's homestead exemption, a debtor may exempt how much equity in their primary residence from creditors? → $125,000
24. Authentication of a document under FRE 901 requires the proponent to produce evidence sufficient to support a finding that the item is what? → What the proponent claims it to be
25. Under common law, when parties intend to substitute a new contract for an existing one and the new contract extinguishes the old, this is called: → Novation
26. Under the physician-patient privilege in Vermont, which of the following is NOT protected? → Medical information reported to public health authorities as required by law
27. What does the term 'fruit of the poisonous tree' refer to in criminal procedure? → Evidence derived from an illegal search or seizure that is also inadmissible
28. Where a general partnership agreement is silent on profit and loss sharing, the default rule is: → Both profits and losses split equally among all partners
29. Which exception to the warrant requirement applies when police pursue a fleeing suspect into a home? → Hot pursuit exception
30. Under Vermont law, can the state legislature amend the Vermont Constitution without a referendum? → No, constitutional amendments require approval by the voters