New York State Bar Exam Practice
Questions And Correct Answers
(Verified Answers) Plus Rationales
2025|2026 Q&A | Instant Download Pdf
1. A homeowner contracts with a painter to paint her house for $5,000.
After starting, the painter demands $6,000 to finish. The homeowner
agrees. Is the modification enforceable?
A. Yes, because both parties agreed.
B. No, because there was no new consideration.
C. Yes, because the painter relied on the promise.
D. No, because oral modifications are always void.
Rationale: Under common law, contract modifications require new
consideration. Here, the painter had a preexisting duty.
2. A driver negligently injures a pedestrian. The pedestrian sues and wins.
Which damages are recoverable?
A. Only economic damages.
,B. Only medical expenses.
C. Economic and non-economic damages.
D. Punitive damages automatically.
Rationale: In tort, a plaintiff may recover both economic (medical bills, lost
wages) and non-economic (pain and suffering) damages.
3. A man steals a watch from a store. What crime?
A. Embezzlement.
B. Larceny.
C. False pretenses.
D. Burglary.
Rationale: Taking property without consent and intent to permanently
deprive is larceny. Burglary requires unlawful entry.
4. A New York court wants to assert personal jurisdiction over an out-of-
state defendant. Which is required?
A. Federal subject matter jurisdiction.
B. Venue in the Southern District of NY.
C. Minimum contacts with New York.
D. Defendant’s consent only.
Rationale: Due process requires sufficient minimum contacts with the
forum state.
5. Congress passes a law targeting only one named company.
Constitutionality?
A. Valid if rational basis.
, B. Invalid as a bill of attainder.
C. Valid under Commerce Clause.
D. Invalid as prior restraint.
Rationale: Bills of attainder, laws targeting specific individuals or groups
for punishment, are unconstitutional.
6. A police officer stops a car for speeding and searches the trunk without
consent or warrant. Admissibility?
A. Always admissible.
B. Inadmissible unless probable cause and exception apply.
C. Admissible if driver arrested.
D. Admissible under inevitable discovery.
Rationale: Fourth Amendment prohibits unreasonable searches. Trunk
search needs probable cause or valid exception.
7. A testator signs a typed will in New York with two witnesses present. The
witnesses fail to sign. Valid?
A. Yes, signature of testator suffices.
B. Yes, because intent is clear.
C. No, because attestation by two witnesses is required.
D. No, because holographic will required.
Rationale: New York requires a written will signed by testator and attested
by two witnesses.
8. Which tenancy gives landlord automatic right to possession when lease
ends?
Questions And Correct Answers
(Verified Answers) Plus Rationales
2025|2026 Q&A | Instant Download Pdf
1. A homeowner contracts with a painter to paint her house for $5,000.
After starting, the painter demands $6,000 to finish. The homeowner
agrees. Is the modification enforceable?
A. Yes, because both parties agreed.
B. No, because there was no new consideration.
C. Yes, because the painter relied on the promise.
D. No, because oral modifications are always void.
Rationale: Under common law, contract modifications require new
consideration. Here, the painter had a preexisting duty.
2. A driver negligently injures a pedestrian. The pedestrian sues and wins.
Which damages are recoverable?
A. Only economic damages.
,B. Only medical expenses.
C. Economic and non-economic damages.
D. Punitive damages automatically.
Rationale: In tort, a plaintiff may recover both economic (medical bills, lost
wages) and non-economic (pain and suffering) damages.
3. A man steals a watch from a store. What crime?
A. Embezzlement.
B. Larceny.
C. False pretenses.
D. Burglary.
Rationale: Taking property without consent and intent to permanently
deprive is larceny. Burglary requires unlawful entry.
4. A New York court wants to assert personal jurisdiction over an out-of-
state defendant. Which is required?
A. Federal subject matter jurisdiction.
B. Venue in the Southern District of NY.
C. Minimum contacts with New York.
D. Defendant’s consent only.
Rationale: Due process requires sufficient minimum contacts with the
forum state.
5. Congress passes a law targeting only one named company.
Constitutionality?
A. Valid if rational basis.
, B. Invalid as a bill of attainder.
C. Valid under Commerce Clause.
D. Invalid as prior restraint.
Rationale: Bills of attainder, laws targeting specific individuals or groups
for punishment, are unconstitutional.
6. A police officer stops a car for speeding and searches the trunk without
consent or warrant. Admissibility?
A. Always admissible.
B. Inadmissible unless probable cause and exception apply.
C. Admissible if driver arrested.
D. Admissible under inevitable discovery.
Rationale: Fourth Amendment prohibits unreasonable searches. Trunk
search needs probable cause or valid exception.
7. A testator signs a typed will in New York with two witnesses present. The
witnesses fail to sign. Valid?
A. Yes, signature of testator suffices.
B. Yes, because intent is clear.
C. No, because attestation by two witnesses is required.
D. No, because holographic will required.
Rationale: New York requires a written will signed by testator and attested
by two witnesses.
8. Which tenancy gives landlord automatic right to possession when lease
ends?
