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January 30, 2025- by Steven E. Greer, MD and federal litigator
With my recent wins in federal court, a couple of real lawyer friends have mentioned again how I should go to law school. I have no interest in doing that.
However, for the heck of it, I told Grok to give me sample law bar exam questions. I got nine out of ten correct.
With the Miranda rights question, I correctly answered “yes”, but for the wrong reason. I don’t know much about criminal Law. For the other topics, I am genuinely an expert. I have been in federal and state civil courts for 11-years on the First Amendment, contract law, evidence rules, etc.
Here are the sample questions similar to those you might encounter on a state bar exam:
**1. Torts:**
– A driver, while texting, runs a red light and collides with a pedestrian who has the right of way. The pedestrian suffers severe injuries. Which of the following best describes the driver’s liability?
– A) Negligence per se
– B) Intentional tort
– C) Strict liability
– D) Respondeat superior
**2. Contracts:**
– On March 1, Buyer offers to purchase Seller’s car for $5,000, with the offer stating it will remain open until April 1. On March 15, Seller emails Buyer saying, “I accept your offer but only if you agree to also buy my motorcycle for $1,500.” Buyer does not respond. On March 30, Seller sells the car to another buyer. Can Buyer enforce the original contract for the car?
– A) Yes, because the offer was still open
– B) No, because Seller’s response was a counteroffer
– C) Yes, under the mailbox rule
– D) No, because Buyer did not accept the counteroffer
**3. Constitutional Law:**
– A state passes a law banning all demonstrations within 500 feet of any courthouse, aiming to reduce disruptions to court proceedings. Is this law likely constitutional?
– A) Yes, under the state’s police powers
– B) No, as it violates the First Amendment
– C) Yes, if it’s content-neutral and narrowly tailored
– D) No, because it infringes on the right to petition the government
**4. Criminal Law:**
– Defendant is charged with theft after taking a $100 coat from a store without paying, intending to keep it. During the trial, it’s revealed that Defendant believed the coat was priced at $10 due to a sign error. What is Defendant’s best defense?
– A) Mistake of fact
– B) Insanity defense
– C) Necessity
– D) Duress
**5. Property Law:**
– Owner A sells a piece of land to Buyer B but retains an easement to use a road across the land to access Owner A’s remaining property. What type of interest does Owner A have in the land following the sale?
– A) Fee simple absolute
– B) Life estate
– C) Easement appurtenant
– D) Easement in gross
**6. Evidence:**
– In a civil trial, Plaintiff seeks to introduce a statement made by Defendant to a third party admitting liability for an incident. The statement was made after the incident but before any litigation was filed. Is this statement admissible under the hearsay rule?
– A) No, because it is hearsay not subject to any exception
– B) Yes, as an admission by a party-opponent
– C) No, because it was not made under oath
– D) Yes, under the excited utterance exception
**7. Civil Procedure:**
– Defendant is served with a complaint but fails to respond within the time allowed by the rules. Plaintiff moves for a default judgment. What must the court do before entering such a judgment?
– A) Automatically grant the judgment
– B) Determine if the defendant was properly served
– C) Hold an evidentiary hearing
– D) Require Plaintiff to file an affidavit of damages
**8. Real Property:**
– Landlord and Tenant sign a lease agreement for an apartment with a clause stating that Tenant must pay all utility bills. Halfway through the lease term, Tenant moves out without notice. Landlord re-rents the apartment but still has two months of unpaid utility bills from Tenant’s tenancy. Can Landlord sue Tenant for these bills?
– A) No, because the lease is void upon Tenant’s departure
– B) Yes, under the terms of the lease agreement
– C) No, because the new tenant should pay for utilities
– D) Yes, but only if Landlord mitigated damages
**9. Criminal Procedure:**
– Police stop a vehicle based on probable cause of drunk driving. They administer a breathalyzer test, which the driver fails. Can the results of this test be used in court if the driver was not read their Miranda rights before the test?
– A) No, because Miranda rights were not given
– B) Yes, because Miranda rights do not apply to breathalyzer tests
– C) No, because the stop was illegal
– D) Yes, but only if the driver consented to the test
**10. Business Associations:**
– Two partners in a general partnership decide to dissolve their business. One partner wants to continue the business alone. Can this partner continue the business under the same name without the other’s consent?
– A) Yes, as long as they buy out the other partner’s interest
– B) No, they must form a new partnership
– C) Yes, if they pay all partnership debts
– D) No, because partnership goodwill includes the right to use the name
__________________
Answers
**1. Torts:**
– **A) Negligence per se** – The driver violated a traffic law (running a red light while texting), which directly caused harm, making it negligence per se.
**2. Contracts:**
– **B) No, because Seller’s response was a counteroffer** – The Seller’s reply introduced a new term (buying the motorcycle), which constitutes a counteroffer, thus revoking the original offer.
**3. Constitutional Law:**
– **C) Yes, if it’s content-neutral and narrowly tailored** – For a law to be constitutional under the First Amendment, it must be content-neutral, serve a significant government interest, be narrowly tailored, and leave open alternative channels of communication.
**4. Criminal Law:**
– **A) Mistake of fact** – If Defendant genuinely believed the coat was priced at $10 due to a sign error, this could negate the intent required for theft, though the success of this defense would depend on the specifics of the case.
**5. Property Law:**
– **C) Easement appurtenant** – An easement appurtenant is attached to the ownership of one piece of land and benefits the owner of the adjacent land (the dominant estate) by giving them the right to use the servient estate (the land sold).
**6. Evidence:**
– **B) Yes, as an admission by a party-opponent** – Statements made by a party that are against that party’s interest are an exception to the hearsay rule under the admission by a party-opponent doctrine.
**7. Civil Procedure:**
– **B) Determine if the defendant was properly served** – Before entering a default judgment, the court must ensure that service of process was properly executed to confirm that the defendant had notice of the lawsuit.
**8. Real Property:**
– **B) Yes, under the terms of the lease agreement** – The tenant agreed to pay utility bills as part of the lease agreement, and this obligation would typically continue even if the tenant vacated prematurely unless otherwise specified in the lease.
**9. Criminal Procedure:**
– **B) Yes, because Miranda rights do not apply to breathalyzer tests** – Miranda warnings are required for custodial interrogation, not for routine, non-testimonial evidence collection like breathalyzer tests, which are considered administrative procedures.
**10. Business Associations:**
– **D) No, because partnership goodwill includes the right to use the name** – Upon dissolution of a partnership, unless otherwise agreed, one partner cannot continue the business under the same name without the consent of all partners involved, as the partnership name is part of the partnership’s goodwill.