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Plus Rationales 2026 Q&A | Instant
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Subjects Covered: Constitutional Law, Contracts, Torts, Criminal Law &
Procedure, Evidence, Real Property, Civil Procedure, Professional
Responsibility
1. Congress passes a law prohibiting all political protests in public parks. A
citizen challenges the law as unconstitutional. The likely result is:
A. The law will be upheld as a valid regulation of speech.
B. The law will be struck down as overbroad under the First Amendment.
C. The law will be upheld under intermediate scrutiny.
D. The law will be struck down only if discriminatory intent is shown.
Rationale: Public parks are traditional public forums. A total ban on political
protests is not narrowly tailored and violates free speech protections.
,2. A buyer contracts to purchase 500 units of a product for $50,000. The
seller delivers only 400 units. The buyer sues for damages. The measure of
damages is:
A. Buyer’s lost profits.
B. The difference between the contract price and the market price at time
of breach.
C. Punitive damages.
D. Nominal damages only.
Rationale: Under UCC §2-713, damages equal market price minus contract
price at breach for undelivered goods.
3. A driver negligently hits a pedestrian, breaking her leg. The pedestrian
later dies of unrelated food poisoning. The driver’s liability is:
A. For all consequences of death.
B. Limited to damages for the broken leg.
C. None, because of intervening cause.
D. For emotional distress only.
Rationale: Defendant is liable only for harms proximately caused by
negligence. Death from unrelated cause breaks chain.
4. Police enter a suspect’s home without a warrant and seize drugs in plain
view. The evidence is:
A. Admissible because it was in plain view.
,B. Inadmissible because the entry was unlawful.
C. Admissible because drugs are contraband.
D. Admissible under exigent circumstances.
Rationale: Plain view requires lawful entry. Warrantless entry without
exigency violates Fourth Amendment.
5. In a negligence case, the plaintiff introduces evidence that the defendant
has liability insurance. The evidence is:
A. Inadmissible to prove negligence.
B. Admissible to show wealth.
C. Admissible to prove fault.
D. Admissible for impeachment only.
Rationale: Evidence of insurance is excluded under Rule 411 to prevent
prejudice; may be admitted only for limited purposes like bias.
6. A landowner conveys “to A for life, then to B’s children.” At the time, B
has no children. B’s interest is:
A. Vested remainder.
B. Contingent remainder.
C. Executory interest.
D. Fee simple subject to condition.
Rationale: Remainder depends on future birth of B’s children; contingent on
condition precedent.
, 7. A plaintiff sues in federal court for $60,000 on a state-law claim. Both
parties are citizens of Illinois. The court should:
A. Dismiss for lack of subject matter jurisdiction.
B. Retain jurisdiction.
C. Transfer to state court.
D. Decide under supplemental jurisdiction.
Rationale: Diversity requires complete diversity; both from Illinois defeats
jurisdiction.
8. An attorney knowingly makes a false statement of material fact to a
tribunal. The attorney has:
A. Violated no rule if intent to deceive absent.
B. Violated professional conduct rules.
C. Committed perjury.
D. Engaged in permissible advocacy.
Rationale: Model Rule 3.3 prohibits knowingly making false statements to
the court.
9. Congress passes a law requiring newspapers to obtain federal approval
before publishing. This is:
A. An unconstitutional prior restraint.