Texas Bar Exam With Actual Questions
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1. A seller and buyer sign a written contract for the sale of land. Later, the
seller claims the contract is void because the parties orally agreed to
exclude a particular easement. Which rule governs whether the oral
agreement can be enforced?
A. Parol evidence rule
B. Statute of Frauds
C. Equitable estoppel
D. Merger doctrine
A. Parol evidence rule
Rationale: The parol evidence rule controls admissibility of prior or
contemporaneous oral agreements that contradict a final written
agreement. The Statute of Frauds requires written contracts for land
but does not validate oral modifications that contradict an integrated
writing.
2. Which of the following is an element of negligence?
A. Specific intent
B. Duty, breach, causation, damages
C. Malice
D. Strict liability
B. Duty, breach, causation, damages
Rationale: Negligence requires duty, breach, actual and proximate
causation, and damages. Intent or malice are not required; strict
liability is a separate tort doctrine.
,3. Under the Texas Rules of Civil Procedure, which pleading typically
initiates a civil lawsuit?
A. Motion to dismiss
B. Complaint (Petition)
C. Answer
D. Discovery request
B. Complaint (Petition)
Rationale: A plaintiff initiates suit by filing a petition (complaint)
stating claims and grounds for relief; answers and motions follow.
4. A will leaves "all my jewelry" to A and "the rest of my estate" to B. A is
given a specific gold necklace after probate. The testator also owned a
diamond ring not given specifically. How is the diamond ring distributed?
A. To A (included in "jewelry")
B. To B as residuary estate
C. Intestate distribution
D. Sold to satisfy debts then remainder to B
A. To A (included in "jewelry")
Rationale: A specific devise of a category like "all my jewelry" is a
general gift of that class — the ring falls within the category and goes
to A unless the will shows contrary intent.
5. Which constitutional standard governs content-based restrictions on
political speech?
A. Rational basis
B. Intermediate scrutiny
C. Strict scrutiny
D. Clear and present danger
C. Strict scrutiny
Rationale: Content-based restrictions on political or core speech trigger
strict scrutiny, requiring the government to show a compelling interest
narrowly tailored by the least restrictive means.
6. In a commercial lease, the landlord fails to repair a serious code violation
that endangers tenants. Which doctrine may allow tenants to vacate and
stop paying rent?
A. Constructive eviction
, B. Actual eviction
C. Laches
D. Novation
A. Constructive eviction
Rationale: Constructive eviction occurs where the landlord's breach
substantially interferes with use, making premises uninhabitable;
tenant may terminate lease and seek damages.
7. Which of the following is admissible under the Federal Rules of Evidence
as an exception to hearsay when describing then-existing physical
condition or intent?
A. Present sense impression
B. Statement of then-existing mental, emotional, or physical condition
C. Excited utterance
D. Business records hearsay exception
B. Statement of then-existing mental, emotional, or physical condition
Rationale: Statements of then-existing state of mind or physical
condition are nonhearsay or covered by an exception; present sense
impression and excited utterance are other exceptions but the question
asks specifically about intent/condition.
8. A defendant appeals a criminal conviction arguing the trial court
improperly admitted an identification. Which constitutional right is
implicated?
A. Sixth Amendment right to counsel
B. Fourth Amendment protection against unreasonable searches
C. Due Process (reliability of identification)
D. Fifth Amendment privilege against self-incrimination
C. Due Process (reliability of identification)
Rationale: Unreliable identification procedures can violate due process;
counsel rights may be implicated at post-indictment lineups (Sixth) but
general identification reliability is a due process issue.
9. Under UCC Article 2, when does a merchant's written confirmation
(signed) become enforceable against the sender's recipient who is also a
merchant?
A. Only when the recipient signs
, B. When received, unless objected within 10 days
C. When a court orders enforcement
D. After 30 days if the recipient does not reply
B. When received, unless objected within 10 days
Rationale: Under UCC §2-201(2), a merchant's confirming
memorandum binds the recipient unless he objects in ten days.
10.A contract is formed by offer and acceptance. Which of the following will
generally terminate an offer?
A. Acceptance with additional terms by a merchant under UCC §2-207
B. Rejection or counteroffer
C. The offeree's silence
D. Acceptance by mail under mailbox rule
B. Rejection or counteroffer
Rationale: An offer is terminated by rejection or counteroffer;
acceptance creates a contract (mailbox rule can bind offeror upon
dispatch), and silence generally does not constitute acceptance.
11.A prosecutor obtains a confession in violation of Miranda. At trial, the
prosecutor uses only the physical fruits of the confession (e.g., recovered
stolen property). What doctrine addresses admissibility of the physical
evidence?
A. Fruit of the poisonous tree (exclusionary rule)
B. Good-faith exception
C. Inevitable discovery doctrine
D. Public safety exception
A. Fruit of the poisonous tree (exclusionary rule)
Rationale: Evidence derived from an unconstitutional confession may
be excluded as fruit of the poisonous tree unless an exception (like
inevitable discovery or independent source) applies.
12.Under Texas community property principles, which of the following is
community property?
A. Property acquired before marriage by gift
B. Income earned during marriage from a separate property business
C. Property acquired during marriage by either spouse
D. Property inherited during marriage (unless commingled)
& Verified Answers,Plus
Rationales/Expert Verified For
Guaranteed Pass Graded A+/2026
/Latest Update/Instant Download Pdf
1. A seller and buyer sign a written contract for the sale of land. Later, the
seller claims the contract is void because the parties orally agreed to
exclude a particular easement. Which rule governs whether the oral
agreement can be enforced?
A. Parol evidence rule
B. Statute of Frauds
C. Equitable estoppel
D. Merger doctrine
A. Parol evidence rule
Rationale: The parol evidence rule controls admissibility of prior or
contemporaneous oral agreements that contradict a final written
agreement. The Statute of Frauds requires written contracts for land
but does not validate oral modifications that contradict an integrated
writing.
2. Which of the following is an element of negligence?
A. Specific intent
B. Duty, breach, causation, damages
C. Malice
D. Strict liability
B. Duty, breach, causation, damages
Rationale: Negligence requires duty, breach, actual and proximate
causation, and damages. Intent or malice are not required; strict
liability is a separate tort doctrine.
,3. Under the Texas Rules of Civil Procedure, which pleading typically
initiates a civil lawsuit?
A. Motion to dismiss
B. Complaint (Petition)
C. Answer
D. Discovery request
B. Complaint (Petition)
Rationale: A plaintiff initiates suit by filing a petition (complaint)
stating claims and grounds for relief; answers and motions follow.
4. A will leaves "all my jewelry" to A and "the rest of my estate" to B. A is
given a specific gold necklace after probate. The testator also owned a
diamond ring not given specifically. How is the diamond ring distributed?
A. To A (included in "jewelry")
B. To B as residuary estate
C. Intestate distribution
D. Sold to satisfy debts then remainder to B
A. To A (included in "jewelry")
Rationale: A specific devise of a category like "all my jewelry" is a
general gift of that class — the ring falls within the category and goes
to A unless the will shows contrary intent.
5. Which constitutional standard governs content-based restrictions on
political speech?
A. Rational basis
B. Intermediate scrutiny
C. Strict scrutiny
D. Clear and present danger
C. Strict scrutiny
Rationale: Content-based restrictions on political or core speech trigger
strict scrutiny, requiring the government to show a compelling interest
narrowly tailored by the least restrictive means.
6. In a commercial lease, the landlord fails to repair a serious code violation
that endangers tenants. Which doctrine may allow tenants to vacate and
stop paying rent?
A. Constructive eviction
, B. Actual eviction
C. Laches
D. Novation
A. Constructive eviction
Rationale: Constructive eviction occurs where the landlord's breach
substantially interferes with use, making premises uninhabitable;
tenant may terminate lease and seek damages.
7. Which of the following is admissible under the Federal Rules of Evidence
as an exception to hearsay when describing then-existing physical
condition or intent?
A. Present sense impression
B. Statement of then-existing mental, emotional, or physical condition
C. Excited utterance
D. Business records hearsay exception
B. Statement of then-existing mental, emotional, or physical condition
Rationale: Statements of then-existing state of mind or physical
condition are nonhearsay or covered by an exception; present sense
impression and excited utterance are other exceptions but the question
asks specifically about intent/condition.
8. A defendant appeals a criminal conviction arguing the trial court
improperly admitted an identification. Which constitutional right is
implicated?
A. Sixth Amendment right to counsel
B. Fourth Amendment protection against unreasonable searches
C. Due Process (reliability of identification)
D. Fifth Amendment privilege against self-incrimination
C. Due Process (reliability of identification)
Rationale: Unreliable identification procedures can violate due process;
counsel rights may be implicated at post-indictment lineups (Sixth) but
general identification reliability is a due process issue.
9. Under UCC Article 2, when does a merchant's written confirmation
(signed) become enforceable against the sender's recipient who is also a
merchant?
A. Only when the recipient signs
, B. When received, unless objected within 10 days
C. When a court orders enforcement
D. After 30 days if the recipient does not reply
B. When received, unless objected within 10 days
Rationale: Under UCC §2-201(2), a merchant's confirming
memorandum binds the recipient unless he objects in ten days.
10.A contract is formed by offer and acceptance. Which of the following will
generally terminate an offer?
A. Acceptance with additional terms by a merchant under UCC §2-207
B. Rejection or counteroffer
C. The offeree's silence
D. Acceptance by mail under mailbox rule
B. Rejection or counteroffer
Rationale: An offer is terminated by rejection or counteroffer;
acceptance creates a contract (mailbox rule can bind offeror upon
dispatch), and silence generally does not constitute acceptance.
11.A prosecutor obtains a confession in violation of Miranda. At trial, the
prosecutor uses only the physical fruits of the confession (e.g., recovered
stolen property). What doctrine addresses admissibility of the physical
evidence?
A. Fruit of the poisonous tree (exclusionary rule)
B. Good-faith exception
C. Inevitable discovery doctrine
D. Public safety exception
A. Fruit of the poisonous tree (exclusionary rule)
Rationale: Evidence derived from an unconstitutional confession may
be excluded as fruit of the poisonous tree unless an exception (like
inevitable discovery or independent source) applies.
12.Under Texas community property principles, which of the following is
community property?
A. Property acquired before marriage by gift
B. Income earned during marriage from a separate property business
C. Property acquired during marriage by either spouse
D. Property inherited during marriage (unless commingled)
