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Plus Rationales 2026 Q&A | Instant
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1. A store owner accidentally spills oil on the floor of her store. A customer
slips on the oil and is injured. Which of the following best describes the
store owner's liability?
A. Strict liability
B. Negligence
C. Breach of contract
D. Res ipsa loquitur
Rationale: The store owner owes a duty of care to customers. Spilling oil
and causing injury falls under negligence, as the owner failed to exercise
reasonable care.
,2. Under the California Constitution, the right to privacy:
A. Only exists in criminal cases
B. Applies broadly, including personal information and family matters
C. Is limited to government searches
D. Does not exist
Rationale: California recognizes a broad right to privacy that extends
beyond criminal law, protecting personal and family matters.
3. In a California criminal trial, the prosecution must prove guilt:
A. By a preponderance of the evidence
B. By clear and convincing evidence
C. Beyond a reasonable doubt
D. By probable cause
Rationale: Criminal convictions in California require proof beyond a
reasonable doubt, the highest standard of proof.
4. A testator who signs a will but does not have witnesses:
A. Creates a valid holographic will
B. Creates a valid formal will
C. Creates an invalid will
D. Creates a valid will if notarized
,Rationale: California requires formal wills to be witnessed. A will without
witnesses is generally invalid unless it is a handwritten holographic will.
5. Under California property law, which of the following is considered a
fixture?
A. A built-in bookcase
B. A rug
C. A freestanding lamp
D. A painting on the wall
Rationale: A fixture is personal property that has been attached to real
property in a way that indicates it is meant to be permanent.
6. Which of the following contracts is unenforceable under the Statute of
Frauds in California?
A. Lease for 6 months
B. Sale of land
C. Employment contract for 1 year
D. Contract to sell personal property under $500
Rationale: Contracts for the sale of land must be in writing under the
Statute of Frauds.
, 7. In California, which of the following is considered community property?
A. Inheritance received by one spouse
B. Income earned by a spouse during marriage
C. Gifts from third parties to one spouse
D. Property acquired before marriage
Rationale: California follows community property rules, where income
earned during marriage is jointly owned.
8. Which of the following is a necessary element for a claim of intentional
infliction of emotional distress?
A. Extreme and outrageous conduct
B. Minor annoyance
C. Property damage
D. Negligent behavior
Rationale: Intentional infliction of emotional distress requires conduct that
is extreme and outrageous, causing severe emotional harm.
9. Under California criminal law, voluntary manslaughter differs from
murder primarily due to:
A. Heat of passion
B. Lack of intent