New York Bar Exam With Actual
Questions & Verified Answers,Plus
Rationales/Expert Verified For
Guaranteed Pass Graded A+/2026
/Latest Update/Instant Download Pdf
1. A seller delivers goods to a buyer under a contract specifying delivery
"FOB Seller’s Warehouse." Risk of loss passes to the buyer when:
A. The seller tenders delivery at the buyer’s place of business.
B. The goods are identified to the contract.
C. The goods are placed on the carrier for shipment.
D. The buyer receives the goods.
C. The goods are placed on the carrier for shipment.
Rationale: "FOB Seller's place" (shipment contract) transfers risk when
goods are delivered to carrier.
2. In a negligence case, the plaintiff must prove:
A. Only the defendant's negligence.
B. Duty, breach, causation, and damages.
C. Intent to harm.
D. Strict liability factors.
B. Duty, breach, causation, and damages.
Rationale: Standard elements of negligence tort are duty, breach,
causation (actual and proximate), and damages.
3. A defendant is charged with robbery. The prosecution's burden at trial is:
A. Preponderance of the evidence.
B. Clear and convincing evidence.
C. Beyond a reasonable doubt.
D. Probable cause.
, C. Beyond a reasonable doubt.
Rationale: Criminal convictions require proof beyond a reasonable
doubt.
4. Under the Fourth Amendment, a warrantless search of a home is
presumptively:
A. Reasonable if police ask permission.
B. Unreasonable absent exigent circumstances or consent.
C. Reasonable if the subject is present.
D. Always unreasonable.
B. Unreasonable absent exigent circumstances or consent.
Rationale: Home searches require warrants unless a recognized
exception (consent, exigency, etc.) applies.
5. An offer for a unilateral contract is accepted when:
A. Offeree promises to perform.
B. Offeree begins performance if the offer invites performance.
C. Offeree mails acceptance.
D. The offeror communicates acceptance.
B. Offeree begins performance if the offer invites performance.
Rationale: Unilateral offers become irrevocable once offeree begins
performance and acceptance is completion (beginning creates option in
many jurisdictions).
6. A landlord breaches the implied warranty of habitability. The tenant
may:
A. Be evicted immediately.
B. Terminate lease, withhold rent, or seek repairs and damages
depending on law.
C. Assign the lease without remedy.
D. Only seek injunctive relief.
B. Terminate lease, withhold rent, or seek repairs and damages
depending on law.
Rationale: Habitability breach gives tenant various remedies
(code/repair-and-deduct, withholding, termination).
, 7. Which evidence is hearsay? A witness testifies that "John told me he saw
the defendant at the store." This statement is:
A. Not hearsay because it’s testimonial.
B. Hearsay if introduced to prove defendant's presence.
C. Not hearsay because the witness repeats it.
D. Admissible without exception.
B. Hearsay if introduced to prove defendant's presence.
Rationale: Out-of-court statement offered for truth of matter asserted
is hearsay; may have exceptions but baseline is hearsay.
8. In civil procedure, personal jurisdiction based solely on a defendant's
website that is passive (purely informational) is:
A. Always sufficient.
B. Generally insufficient; interactive conduct may support jurisdiction.
C. Enough if viewable in the forum.
D. Always insufficient.
B. Generally insufficient; interactive conduct may support jurisdiction.
Rationale: Passive websites typically don't confer jurisdiction;
targeting/interactivity can.
9. A secured creditor perfects by filing UCC-1 against Debtor A. Debtor A
later moves and creates a PMSI (purchase-money security interest) in
new equipment with no new filing. The PMSI is:
A. Automatically perfected as to new equipment without filing.
B. Unperfected as to third parties until filed, giving prior file priority.
C. Superior to all other interests without any action.
D. Only effective against unsecured creditors.
B. Unperfected as to third parties until filed, giving prior file priority.
Rationale: PMSI in goods generally requires perfection (filing or
possession) vs. competing interests; prior filings can defeat unperfected
interests.
10.A shareholder of a close corporation demands that the corporation buy
her shares; the board refuses. The shareholder sues under appraisal
rights. Appraisal remedies:
A. Always available to dissenting shareholders in all corporations.
B. Available only where statute/good cause provides; shareholder may
Questions & Verified Answers,Plus
Rationales/Expert Verified For
Guaranteed Pass Graded A+/2026
/Latest Update/Instant Download Pdf
1. A seller delivers goods to a buyer under a contract specifying delivery
"FOB Seller’s Warehouse." Risk of loss passes to the buyer when:
A. The seller tenders delivery at the buyer’s place of business.
B. The goods are identified to the contract.
C. The goods are placed on the carrier for shipment.
D. The buyer receives the goods.
C. The goods are placed on the carrier for shipment.
Rationale: "FOB Seller's place" (shipment contract) transfers risk when
goods are delivered to carrier.
2. In a negligence case, the plaintiff must prove:
A. Only the defendant's negligence.
B. Duty, breach, causation, and damages.
C. Intent to harm.
D. Strict liability factors.
B. Duty, breach, causation, and damages.
Rationale: Standard elements of negligence tort are duty, breach,
causation (actual and proximate), and damages.
3. A defendant is charged with robbery. The prosecution's burden at trial is:
A. Preponderance of the evidence.
B. Clear and convincing evidence.
C. Beyond a reasonable doubt.
D. Probable cause.
, C. Beyond a reasonable doubt.
Rationale: Criminal convictions require proof beyond a reasonable
doubt.
4. Under the Fourth Amendment, a warrantless search of a home is
presumptively:
A. Reasonable if police ask permission.
B. Unreasonable absent exigent circumstances or consent.
C. Reasonable if the subject is present.
D. Always unreasonable.
B. Unreasonable absent exigent circumstances or consent.
Rationale: Home searches require warrants unless a recognized
exception (consent, exigency, etc.) applies.
5. An offer for a unilateral contract is accepted when:
A. Offeree promises to perform.
B. Offeree begins performance if the offer invites performance.
C. Offeree mails acceptance.
D. The offeror communicates acceptance.
B. Offeree begins performance if the offer invites performance.
Rationale: Unilateral offers become irrevocable once offeree begins
performance and acceptance is completion (beginning creates option in
many jurisdictions).
6. A landlord breaches the implied warranty of habitability. The tenant
may:
A. Be evicted immediately.
B. Terminate lease, withhold rent, or seek repairs and damages
depending on law.
C. Assign the lease without remedy.
D. Only seek injunctive relief.
B. Terminate lease, withhold rent, or seek repairs and damages
depending on law.
Rationale: Habitability breach gives tenant various remedies
(code/repair-and-deduct, withholding, termination).
, 7. Which evidence is hearsay? A witness testifies that "John told me he saw
the defendant at the store." This statement is:
A. Not hearsay because it’s testimonial.
B. Hearsay if introduced to prove defendant's presence.
C. Not hearsay because the witness repeats it.
D. Admissible without exception.
B. Hearsay if introduced to prove defendant's presence.
Rationale: Out-of-court statement offered for truth of matter asserted
is hearsay; may have exceptions but baseline is hearsay.
8. In civil procedure, personal jurisdiction based solely on a defendant's
website that is passive (purely informational) is:
A. Always sufficient.
B. Generally insufficient; interactive conduct may support jurisdiction.
C. Enough if viewable in the forum.
D. Always insufficient.
B. Generally insufficient; interactive conduct may support jurisdiction.
Rationale: Passive websites typically don't confer jurisdiction;
targeting/interactivity can.
9. A secured creditor perfects by filing UCC-1 against Debtor A. Debtor A
later moves and creates a PMSI (purchase-money security interest) in
new equipment with no new filing. The PMSI is:
A. Automatically perfected as to new equipment without filing.
B. Unperfected as to third parties until filed, giving prior file priority.
C. Superior to all other interests without any action.
D. Only effective against unsecured creditors.
B. Unperfected as to third parties until filed, giving prior file priority.
Rationale: PMSI in goods generally requires perfection (filing or
possession) vs. competing interests; prior filings can defeat unperfected
interests.
10.A shareholder of a close corporation demands that the corporation buy
her shares; the board refuses. The shareholder sues under appraisal
rights. Appraisal remedies:
A. Always available to dissenting shareholders in all corporations.
B. Available only where statute/good cause provides; shareholder may
