California Bar Exam || Full Exam Pack: A+ Verified
Questions & Answers!!
Relevance Standard (FRE) correct answers Evidence is relevant if it has any tendency to
prove or disprove a material fact.
Relevance Standard (CEC) correct answers Evidence is relevant if it tends to be material to a
disputed fact.
Legal Relevance Exclusion correct answers Otherwise relevant evidence may be excluded if
its probative value is substantially outweighed by the danger of unfair prejudice, confusion of
issues, misleading the jury, or wasting time. (Both FRE and CEC)
California Prop 8 correct answers In criminal trials, all relevant evidence is admissible, even
if objectionable under CEC, subject to a few special exemptions.
Prop 8 Exemptions (Mnemonic and Items) correct answers DR Mammal Counts SHEEP -
Defendant must open the door, Rape shield laws, Member of media can't be held in contempt
for not revealing source, Court still has power to exclude if excludable, Secondary evidence
rule still applies, Hearsay may not be admitted,
Exclusionary rules (Miranda, Confrontation) still apply, Privileges that already existed in
1982 still apply.
Duty of Competence correct answers A lawyer shall represent the client with the legal
knowledge, skill, thoroughness and preparation reasonably necessary. Includes mental and
physical. May associate with another attorney or study to become competent.
Conflict of Interest (Concurrent, General Rule) correct answers The general rule is that the
lawyer may not represent a client where there is a conflict of interest.
Conflict of Interest (Between Current Clients) correct answers A concurrent conflict of
interest exists if the representation of one client is directly adverse to another client.
Conflict of Interest (Between Current Client and Another) correct answers A concurrent
conflict of interest exists if there is a significant risk that the representation of one or more
clients will be materially limited by the lawyer's responsibilities to another client, a former
client, or a third person or by a personal interest of the lawyer.
ABA Exceptions to Concurrent Conflicts correct answers Lawyer reasonably believes he will
be able to provide competent and diligent representation to each client, the representation is
not limited by law, the clients are not asserting a claim against each other and each client
gives informed written consent.
CA Exceptions to Concurrent Conflicts correct answers May still represent where there is
informed written consent.
Written Disclosure correct answers Lawyer may still represent client with only written
disclosure where the conflict results from the lawyer's relationship with a party or witness in
the same matter. ABA requires written consent.
,Aggregate Settlements correct answers A lawyer who represents two or more clients shall not
participate in making an aggregate settlement of the claims or an aggregate plea unless each
client gives informed written consent.
Insurance (California Rule) correct answers Lawyers are permitted to represent both insurers
and clients whereby the insurer has the contractual right to select counsel for the insured,
resulting in no conflict of interest.
Community Property Definition correct answers All property, real or personal, wherever
situated, acquired by a married person during marriage while domiciled in California, which
is not classified as separate property.
Separate Property correct answers Property owned by either spouse before marriage, and/or
property acquired by gift, bequest, devise, or descent, and the rents, issues, and profits
obtained from any separate property.
Quasi-Community Property correct answers Property, real or personal, wherever situated,
acquired by either spouse while domiciled elsewhere, which would have been CP if acquired
while domiciled in California.
Quasi-Marital Property correct answers Property obtained during void or voidable marriage
which would have been CP if the marriage was valid.
Hearsay Definition correct answers An out of court statement offered for the truth of the
matter asserted.
General Hearsay Rule correct answers Hearsay is inadmissible unless an exception applies
Common Law vs. UCC correct answers UCC covers all contracts for the sale of goods.
Common law governs all other contracts.
UCC Trigger correct answers Sale of goods, which are movable, tangible property.
UCC Merchant correct answers A UCC merchant is someone who deals in goods of the kind
or holding oneself out to have special knowledge or skills. Special rules apply for merchants.
Non-Hearsay - Admission by Party Opponent correct answers A party admission is any
statement made by a party, and it may be offered against him. Need not be against interest.
This is an exception, not exclusion, under CEC.
Duty of Confidentiality (General Rule) correct answers A lawyer shall not reveal information
relating to the representation of a client, unless the client gives informed consent.
Duty of Confidentiality (ABA Only Exceptions) correct answers Implied authorization,
reasonably necessary to prevent death or substantial bodily harm, to prevent, mitigate or
rectify crime or fraud resulting in substantial financial injury if client has used lawyer's
services to do so, to secure legal advice about lawyer's compliance with rules, to establish
claim or defense between lawyer and client and to comply with another law or court order.
,Duty of Confidentiality (CA - Death or Bodily Injury) correct answers Optional and only
after making good faith effort to dissuade and informing client of lawyer's ability to report.
Transmutation Rules (Names of Three Stages and Dates) correct answers Lucas (at death and
prior to 1984), Anti-Lucas I (from 1984 to 1986), Anti-Lucas II (from 1987 to present)
Lucas correct answers At death and at divorce prior to 1984 - All jointly held title presumed
to be CP with no right to reimbursement without agreement to the contrary. Gift from SP to
CP presumed.
Anti-Lucas I correct answers At divorce from 1984 to 1986 - Property titled as joint tenants
by husband and wife presumed to be CP, unless clear statement in deed or written agreement
that is SP, with reimbursement.
Anti-Lucas II correct answers At divorce after 1986 - Any jointly held title by husband and
wife is presumed to be CP, unless clear statement in the deed or a written agreement that is
SP, with reimbursement.
SP Reimbursements correct answers SP reimbursements are only allowed for expenditures
made for DIP (down payment, improvements, principal).
Elements of a Valid Contract correct answers Mutual assent, which consists of an offer,
acceptance and consideration.
Essential Terms of a Valid Contract correct answers QTIPS - Quantity, Time of performance,
Identity of the parties, Price and Subject matter
Statute of Frauds correct answers Contracts that are unenforceable unless in writing -
Marriage, Interest in real property over a year, Promise to pay debt of another, Contract
incapable of being performed within one year of making, Sale of goods $500 or more.
Statute of Frauds Mnemonic correct answers Mr. Dog - Marriage, Real Property, Debt of
Another, One Year, Goods
Negligence Elements correct answers Duty of Care, Breach of Duty, Cause-in-fact,
Proximate Cause, Actual Damages
Types of Standing correct answers Individual, third-party, organizational, taxpayer
Individual Standing correct answers Must prove actual or imminent injury, caused by the
conduct complained of, which would likely be redressed by favorable decision.
Third-Party Standing correct answers Must prove individual standing, a special relationship
between plaintiff and third party and that it is difficult for the third party to assert his own
rights.
Organizational Standing correct answers Must prove members have standing in their own
right, interests are related to organizational purpose and the case does not require
participation of individual members.
, Taxpayer Standing correct answers Federal taxpayer has standing to sue over federal tax or
spending program which violates the Establishment Clause.
Contract Remedies (General types) correct answers Legal damages, legal restitution,
equitable remedies, injunction
Types of Legal Damages (Contract) correct answers Expectation, consequential, incidental,
reliance, liquidated, nominal, punitive (not in contract).
Potential Limitations on Contract Damages correct answers Causation, forseeability,
certainty, unavoidability, liquidated damages only remedy.
Types of Legal Restitution correct answers Quasi contract (money restitution), replevin
(chattel), ejectment (real property)
Equitable Remedies correct answers Only available when the remedy at law is inadequate -
rescission (undo bargain) and reformation (rewrite bargain)
Injunctions correct answers TROs and Preliminary Injunctions same as in tort, Specific
Performance sometimes available.
Specific Performance (Mnemonic and elements) correct answers Chocolate Cheesecake is
My Favorite Dessert - Contract, Conditions satisfied, Inadequate legal remedy, Mutuality of
performance, Feasibility of enforcement, and no Defenses
Defenses to Specific Performance correct answers Laches, Unclean Hands, Defenses to
Underlying Contract
Omitted Child or Spouse correct answers An omitted child or spouse will receive intestate
share if born or married after the will was made, unless intentionally omitted, otherwise
provided for outside of will or decedent had one or more children and devised substantially
all of estate to the other parent of the omitted child.
Business Judgment Rule correct answers Officers and directors must act in good faith and in
the best interests of the corporation and its shareholders. Violated when conduct is
unreasonable.
Duty of Care (Business) correct answers Officers and directors owe the corporation a duty of
care to act as a reasonably prudent person would act under similar circumstances.
Diversity Amount in Controversy correct answers Exceeding $75,000
Diversity Citizenship of Natural Person correct answers Determined by domicile
Diversity Citizenship of Corporation correct answers Where incorporated and where principle
place of business located (nerve center)
Diversity Citizenship of Unincorporated Association correct answers Determined by
citizenship of members
Questions & Answers!!
Relevance Standard (FRE) correct answers Evidence is relevant if it has any tendency to
prove or disprove a material fact.
Relevance Standard (CEC) correct answers Evidence is relevant if it tends to be material to a
disputed fact.
Legal Relevance Exclusion correct answers Otherwise relevant evidence may be excluded if
its probative value is substantially outweighed by the danger of unfair prejudice, confusion of
issues, misleading the jury, or wasting time. (Both FRE and CEC)
California Prop 8 correct answers In criminal trials, all relevant evidence is admissible, even
if objectionable under CEC, subject to a few special exemptions.
Prop 8 Exemptions (Mnemonic and Items) correct answers DR Mammal Counts SHEEP -
Defendant must open the door, Rape shield laws, Member of media can't be held in contempt
for not revealing source, Court still has power to exclude if excludable, Secondary evidence
rule still applies, Hearsay may not be admitted,
Exclusionary rules (Miranda, Confrontation) still apply, Privileges that already existed in
1982 still apply.
Duty of Competence correct answers A lawyer shall represent the client with the legal
knowledge, skill, thoroughness and preparation reasonably necessary. Includes mental and
physical. May associate with another attorney or study to become competent.
Conflict of Interest (Concurrent, General Rule) correct answers The general rule is that the
lawyer may not represent a client where there is a conflict of interest.
Conflict of Interest (Between Current Clients) correct answers A concurrent conflict of
interest exists if the representation of one client is directly adverse to another client.
Conflict of Interest (Between Current Client and Another) correct answers A concurrent
conflict of interest exists if there is a significant risk that the representation of one or more
clients will be materially limited by the lawyer's responsibilities to another client, a former
client, or a third person or by a personal interest of the lawyer.
ABA Exceptions to Concurrent Conflicts correct answers Lawyer reasonably believes he will
be able to provide competent and diligent representation to each client, the representation is
not limited by law, the clients are not asserting a claim against each other and each client
gives informed written consent.
CA Exceptions to Concurrent Conflicts correct answers May still represent where there is
informed written consent.
Written Disclosure correct answers Lawyer may still represent client with only written
disclosure where the conflict results from the lawyer's relationship with a party or witness in
the same matter. ABA requires written consent.
,Aggregate Settlements correct answers A lawyer who represents two or more clients shall not
participate in making an aggregate settlement of the claims or an aggregate plea unless each
client gives informed written consent.
Insurance (California Rule) correct answers Lawyers are permitted to represent both insurers
and clients whereby the insurer has the contractual right to select counsel for the insured,
resulting in no conflict of interest.
Community Property Definition correct answers All property, real or personal, wherever
situated, acquired by a married person during marriage while domiciled in California, which
is not classified as separate property.
Separate Property correct answers Property owned by either spouse before marriage, and/or
property acquired by gift, bequest, devise, or descent, and the rents, issues, and profits
obtained from any separate property.
Quasi-Community Property correct answers Property, real or personal, wherever situated,
acquired by either spouse while domiciled elsewhere, which would have been CP if acquired
while domiciled in California.
Quasi-Marital Property correct answers Property obtained during void or voidable marriage
which would have been CP if the marriage was valid.
Hearsay Definition correct answers An out of court statement offered for the truth of the
matter asserted.
General Hearsay Rule correct answers Hearsay is inadmissible unless an exception applies
Common Law vs. UCC correct answers UCC covers all contracts for the sale of goods.
Common law governs all other contracts.
UCC Trigger correct answers Sale of goods, which are movable, tangible property.
UCC Merchant correct answers A UCC merchant is someone who deals in goods of the kind
or holding oneself out to have special knowledge or skills. Special rules apply for merchants.
Non-Hearsay - Admission by Party Opponent correct answers A party admission is any
statement made by a party, and it may be offered against him. Need not be against interest.
This is an exception, not exclusion, under CEC.
Duty of Confidentiality (General Rule) correct answers A lawyer shall not reveal information
relating to the representation of a client, unless the client gives informed consent.
Duty of Confidentiality (ABA Only Exceptions) correct answers Implied authorization,
reasonably necessary to prevent death or substantial bodily harm, to prevent, mitigate or
rectify crime or fraud resulting in substantial financial injury if client has used lawyer's
services to do so, to secure legal advice about lawyer's compliance with rules, to establish
claim or defense between lawyer and client and to comply with another law or court order.
,Duty of Confidentiality (CA - Death or Bodily Injury) correct answers Optional and only
after making good faith effort to dissuade and informing client of lawyer's ability to report.
Transmutation Rules (Names of Three Stages and Dates) correct answers Lucas (at death and
prior to 1984), Anti-Lucas I (from 1984 to 1986), Anti-Lucas II (from 1987 to present)
Lucas correct answers At death and at divorce prior to 1984 - All jointly held title presumed
to be CP with no right to reimbursement without agreement to the contrary. Gift from SP to
CP presumed.
Anti-Lucas I correct answers At divorce from 1984 to 1986 - Property titled as joint tenants
by husband and wife presumed to be CP, unless clear statement in deed or written agreement
that is SP, with reimbursement.
Anti-Lucas II correct answers At divorce after 1986 - Any jointly held title by husband and
wife is presumed to be CP, unless clear statement in the deed or a written agreement that is
SP, with reimbursement.
SP Reimbursements correct answers SP reimbursements are only allowed for expenditures
made for DIP (down payment, improvements, principal).
Elements of a Valid Contract correct answers Mutual assent, which consists of an offer,
acceptance and consideration.
Essential Terms of a Valid Contract correct answers QTIPS - Quantity, Time of performance,
Identity of the parties, Price and Subject matter
Statute of Frauds correct answers Contracts that are unenforceable unless in writing -
Marriage, Interest in real property over a year, Promise to pay debt of another, Contract
incapable of being performed within one year of making, Sale of goods $500 or more.
Statute of Frauds Mnemonic correct answers Mr. Dog - Marriage, Real Property, Debt of
Another, One Year, Goods
Negligence Elements correct answers Duty of Care, Breach of Duty, Cause-in-fact,
Proximate Cause, Actual Damages
Types of Standing correct answers Individual, third-party, organizational, taxpayer
Individual Standing correct answers Must prove actual or imminent injury, caused by the
conduct complained of, which would likely be redressed by favorable decision.
Third-Party Standing correct answers Must prove individual standing, a special relationship
between plaintiff and third party and that it is difficult for the third party to assert his own
rights.
Organizational Standing correct answers Must prove members have standing in their own
right, interests are related to organizational purpose and the case does not require
participation of individual members.
, Taxpayer Standing correct answers Federal taxpayer has standing to sue over federal tax or
spending program which violates the Establishment Clause.
Contract Remedies (General types) correct answers Legal damages, legal restitution,
equitable remedies, injunction
Types of Legal Damages (Contract) correct answers Expectation, consequential, incidental,
reliance, liquidated, nominal, punitive (not in contract).
Potential Limitations on Contract Damages correct answers Causation, forseeability,
certainty, unavoidability, liquidated damages only remedy.
Types of Legal Restitution correct answers Quasi contract (money restitution), replevin
(chattel), ejectment (real property)
Equitable Remedies correct answers Only available when the remedy at law is inadequate -
rescission (undo bargain) and reformation (rewrite bargain)
Injunctions correct answers TROs and Preliminary Injunctions same as in tort, Specific
Performance sometimes available.
Specific Performance (Mnemonic and elements) correct answers Chocolate Cheesecake is
My Favorite Dessert - Contract, Conditions satisfied, Inadequate legal remedy, Mutuality of
performance, Feasibility of enforcement, and no Defenses
Defenses to Specific Performance correct answers Laches, Unclean Hands, Defenses to
Underlying Contract
Omitted Child or Spouse correct answers An omitted child or spouse will receive intestate
share if born or married after the will was made, unless intentionally omitted, otherwise
provided for outside of will or decedent had one or more children and devised substantially
all of estate to the other parent of the omitted child.
Business Judgment Rule correct answers Officers and directors must act in good faith and in
the best interests of the corporation and its shareholders. Violated when conduct is
unreasonable.
Duty of Care (Business) correct answers Officers and directors owe the corporation a duty of
care to act as a reasonably prudent person would act under similar circumstances.
Diversity Amount in Controversy correct answers Exceeding $75,000
Diversity Citizenship of Natural Person correct answers Determined by domicile
Diversity Citizenship of Corporation correct answers Where incorporated and where principle
place of business located (nerve center)
Diversity Citizenship of Unincorporated Association correct answers Determined by
citizenship of members
