District of Columbia Bar Exam Practice
Questions And Correct Answers
(Verified Answers) Plus Rationale 2026
Q&A| Instant Download Pdf
1. A plaintiff brings a suit in federal court under diversity jurisdiction
seeking damages for breach of contract. The defendant moves to
dismiss, arguing that the amount in controversy is $74,500. Which
statement is most accurate regarding jurisdiction?
A. Federal courts lack jurisdiction because diversity cases require
federal questions
B. Federal courts have jurisdiction only if both parties are corporations
C. Federal courts lack jurisdiction because the amount in controversy
must exceed $75,000
D. Federal courts have jurisdiction regardless of amount in controversy
The federal diversity jurisdiction statute requires an amount in controversy
exceeding $75,000, exclusive of interest and costs, so a claim of $74,500
fails to meet the threshold.
2. A state law prohibits online speech criticizing public officials. A
journalist challenges the law under the First Amendment. What level
of scrutiny will the court apply?
A. Rational basis review
B. Intermediate scrutiny
, C. Strict scrutiny
D. No scrutiny applies to defamation-related laws
Content-based restrictions on speech by the government are subject to
strict scrutiny because they implicate core First Amendment protections.
3. A seller offers to sell a car for $10,000. The buyer responds, “I accept,
but only if you include new tires.” What is the legal effect?
A. A valid acceptance
B. A counteroffer
C. A unilateral contract
D. An option contract
A response that adds new terms is a counteroffer rather than an
acceptance, as it modifies the original offer.
4. A driver negligently runs a red light and injures a pedestrian. The
pedestrian sues. What tort is most directly implicated?
A. Strict liability
B. Negligence
C. Conversion
D. Defamation
Negligence applies because the driver breached a duty of care resulting in
foreseeable harm to the pedestrian.
5. Police enter a home without a warrant claiming exigent circumstances
due to suspected evidence destruction. Which is required for the
exception?
A. Consent from any neighbor
B. Probable cause plus urgent circumstances
C. A subpoena
D. Prior judicial approval within 48 hours
, Exigent circumstances require probable cause and an urgent need that
makes obtaining a warrant impracticable.
6. A defendant is charged with burglary. Which element must the
prosecution prove?
A. Entry into a building with intent to commit a crime inside
B. Use of force against a person
C. Fraudulent misrepresentation
D. Intent to permanently deprive property owner of property
Burglary requires unlawful entry into a structure with intent to commit a
crime therein.
7. A witness testifies in court about what they saw. Opposing counsel
asks to exclude the testimony as hearsay. What is the correct ruling?
A. It is hearsay and inadmissible
B. It is admissible because it is an out-of-court statement
C. It is not hearsay because it is in-court testimony
D. It is inadmissible unless recorded
In-court testimony is not hearsay because hearsay involves out-of-court
statements offered for truth.
8. A tenant refuses to leave after lease expiration. The landlord sues for
eviction. What property doctrine applies?
A. Fee simple absolute
B. Tenancy at sufferance
C. Easement by necessity
D. Joint tenancy
A holdover tenant remaining after lease expiration is classified as a
tenancy at sufferance.
9. A contract is formed for sale of goods over $500. Which requirement
applies under the UCC?
Questions And Correct Answers
(Verified Answers) Plus Rationale 2026
Q&A| Instant Download Pdf
1. A plaintiff brings a suit in federal court under diversity jurisdiction
seeking damages for breach of contract. The defendant moves to
dismiss, arguing that the amount in controversy is $74,500. Which
statement is most accurate regarding jurisdiction?
A. Federal courts lack jurisdiction because diversity cases require
federal questions
B. Federal courts have jurisdiction only if both parties are corporations
C. Federal courts lack jurisdiction because the amount in controversy
must exceed $75,000
D. Federal courts have jurisdiction regardless of amount in controversy
The federal diversity jurisdiction statute requires an amount in controversy
exceeding $75,000, exclusive of interest and costs, so a claim of $74,500
fails to meet the threshold.
2. A state law prohibits online speech criticizing public officials. A
journalist challenges the law under the First Amendment. What level
of scrutiny will the court apply?
A. Rational basis review
B. Intermediate scrutiny
, C. Strict scrutiny
D. No scrutiny applies to defamation-related laws
Content-based restrictions on speech by the government are subject to
strict scrutiny because they implicate core First Amendment protections.
3. A seller offers to sell a car for $10,000. The buyer responds, “I accept,
but only if you include new tires.” What is the legal effect?
A. A valid acceptance
B. A counteroffer
C. A unilateral contract
D. An option contract
A response that adds new terms is a counteroffer rather than an
acceptance, as it modifies the original offer.
4. A driver negligently runs a red light and injures a pedestrian. The
pedestrian sues. What tort is most directly implicated?
A. Strict liability
B. Negligence
C. Conversion
D. Defamation
Negligence applies because the driver breached a duty of care resulting in
foreseeable harm to the pedestrian.
5. Police enter a home without a warrant claiming exigent circumstances
due to suspected evidence destruction. Which is required for the
exception?
A. Consent from any neighbor
B. Probable cause plus urgent circumstances
C. A subpoena
D. Prior judicial approval within 48 hours
, Exigent circumstances require probable cause and an urgent need that
makes obtaining a warrant impracticable.
6. A defendant is charged with burglary. Which element must the
prosecution prove?
A. Entry into a building with intent to commit a crime inside
B. Use of force against a person
C. Fraudulent misrepresentation
D. Intent to permanently deprive property owner of property
Burglary requires unlawful entry into a structure with intent to commit a
crime therein.
7. A witness testifies in court about what they saw. Opposing counsel
asks to exclude the testimony as hearsay. What is the correct ruling?
A. It is hearsay and inadmissible
B. It is admissible because it is an out-of-court statement
C. It is not hearsay because it is in-court testimony
D. It is inadmissible unless recorded
In-court testimony is not hearsay because hearsay involves out-of-court
statements offered for truth.
8. A tenant refuses to leave after lease expiration. The landlord sues for
eviction. What property doctrine applies?
A. Fee simple absolute
B. Tenancy at sufferance
C. Easement by necessity
D. Joint tenancy
A holdover tenant remaining after lease expiration is classified as a
tenancy at sufferance.
9. A contract is formed for sale of goods over $500. Which requirement
applies under the UCC?
