California Bar Exam Practice Questions
With Correct Answers (Verified Answers)
Plus Rationales 2026 Q&A | Instant
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1. A homeowner orally agrees to sell land to a buyer for $300,000.
The buyer pays a deposit and begins construction on the property
with the seller’s consent. The seller later refuses to sell. Is the
contract enforceable?
A. No, because land contracts must always be in writing
B. No, because part performance never applies to land
C. Yes, under the doctrine of part performance
D. Yes, only if notarized
Answer: C
Rationale: Part performance (payment, possession, and
improvements) can remove an oral land contract from the Statute of
Frauds.
2. Police interrogate a suspect in custody without Miranda warnings.
The suspect confesses. The statement is:
A. Admissible for all purposes
B. Admissible only if voluntary
,C. Inadmissible in the prosecution’s case-in-chief
D. Always admissible for impeachment
Answer: C
Rationale: Un-Mirandized custodial statements are generally
inadmissible in the prosecution’s case-in-chief.
3. A driver negligently hits a pedestrian. The pedestrian refuses life-
saving treatment for religious reasons and dies. Liability?
A. No liability due to superseding cause
B. Liability is cut off by refusal
C. Driver is fully liable
D. Liability only for assault
Answer: C
Rationale: A victim’s refusal of treatment is generally foreseeable and
does not break causation.
4. A testator dies leaving a will that omits a surviving spouse. The
spouse was not provided for in the will. The spouse receives:
A. Nothing
B. Full estate
C. Intestate share as omitted spouse
D. Only community property
Answer: C
Rationale: California protects omitted spouses by granting an
intestate share unless an exception applies.
, 5. A defendant swings a bat intending to scare the victim but misses.
The defendant is liable for:
A. Battery
B. Assault
C. No tort
D. Negligence only
Answer: B
Rationale: Assault requires intent to cause apprehension of imminent
harmful contact.
6. A federal law conflicts with a state law. Which controls?
A. State law
B. Federal law
C. Both
D. Neither
Answer: B
Rationale: The Supremacy Clause makes valid federal law preempt
conflicting state law.
7. Directors approve a merger without reviewing key financial data.
Liability is based on:
A. Duty of loyalty
B. Duty of care
, C. Strict liability
D. Ultra vires doctrine
Answer: B
Rationale: Failure to make informed decisions breaches the duty of
care.
8. A landowner promises permanent access across land and the
neighbor builds a costly driveway relying on it. This creates:
A. License
B. Easement by estoppel
C. Fee simple
D. Adverse possession
Answer: B
Rationale: Detrimental reliance on a land use promise can create an
easement by estoppel.
9. A death occurs during a robbery even without physical force.
Liability:
A. No homicide
B. Voluntary manslaughter
C. Felony murder
D. Negligent homicide only
Answer: C
Rationale: Death during a dangerous felony supports felony murder
liability.
With Correct Answers (Verified Answers)
Plus Rationales 2026 Q&A | Instant
Download Pdf
1. A homeowner orally agrees to sell land to a buyer for $300,000.
The buyer pays a deposit and begins construction on the property
with the seller’s consent. The seller later refuses to sell. Is the
contract enforceable?
A. No, because land contracts must always be in writing
B. No, because part performance never applies to land
C. Yes, under the doctrine of part performance
D. Yes, only if notarized
Answer: C
Rationale: Part performance (payment, possession, and
improvements) can remove an oral land contract from the Statute of
Frauds.
2. Police interrogate a suspect in custody without Miranda warnings.
The suspect confesses. The statement is:
A. Admissible for all purposes
B. Admissible only if voluntary
,C. Inadmissible in the prosecution’s case-in-chief
D. Always admissible for impeachment
Answer: C
Rationale: Un-Mirandized custodial statements are generally
inadmissible in the prosecution’s case-in-chief.
3. A driver negligently hits a pedestrian. The pedestrian refuses life-
saving treatment for religious reasons and dies. Liability?
A. No liability due to superseding cause
B. Liability is cut off by refusal
C. Driver is fully liable
D. Liability only for assault
Answer: C
Rationale: A victim’s refusal of treatment is generally foreseeable and
does not break causation.
4. A testator dies leaving a will that omits a surviving spouse. The
spouse was not provided for in the will. The spouse receives:
A. Nothing
B. Full estate
C. Intestate share as omitted spouse
D. Only community property
Answer: C
Rationale: California protects omitted spouses by granting an
intestate share unless an exception applies.
, 5. A defendant swings a bat intending to scare the victim but misses.
The defendant is liable for:
A. Battery
B. Assault
C. No tort
D. Negligence only
Answer: B
Rationale: Assault requires intent to cause apprehension of imminent
harmful contact.
6. A federal law conflicts with a state law. Which controls?
A. State law
B. Federal law
C. Both
D. Neither
Answer: B
Rationale: The Supremacy Clause makes valid federal law preempt
conflicting state law.
7. Directors approve a merger without reviewing key financial data.
Liability is based on:
A. Duty of loyalty
B. Duty of care
, C. Strict liability
D. Ultra vires doctrine
Answer: B
Rationale: Failure to make informed decisions breaches the duty of
care.
8. A landowner promises permanent access across land and the
neighbor builds a costly driveway relying on it. This creates:
A. License
B. Easement by estoppel
C. Fee simple
D. Adverse possession
Answer: B
Rationale: Detrimental reliance on a land use promise can create an
easement by estoppel.
9. A death occurs during a robbery even without physical force.
Liability:
A. No homicide
B. Voluntary manslaughter
C. Felony murder
D. Negligent homicide only
Answer: C
Rationale: Death during a dangerous felony supports felony murder
liability.
