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California Bar Exam Questions with
Correct Verified Answers, Already
Passed! (Complete & Accurate)
1. Causation, foreseeability, certainty, unavoidability, liquidated
damages only remedy. - ANS ✓Potential Limitations on Contract
Damages
2. Quasi contract (money restitution), replevin (chattel), ejectment
(real property) - ANS ✓Types of Legal Restitution
3. Only available when the remedy at law is inadequate - rescission
(undo bargain) and reformation (rewrite bargain) - ANS
✓Equitable Remedies
4. TROs and Preliminary Injunctions same as in tort, Specific
Performance sometimes available. - ANS ✓Injunctions
5. Chocolate Cheesecake is My Favourite Dessert - Contract,
Conditions satisfied, Inadequate legal remedy, Mutuality of
performance, Feasibility of enforcement, and no Defenses - ANS
✓Specific Performance (Mnemonic and elements)
6. Laches, Unclean Hands, Defenses to Underlying Contract - ANS
✓Defenses to Specific Performance
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7. 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. - ANS ✓Omitted Child or Spouse
8. Officers and directors must act in good faith and in the best
interests of the corporation and its shareholders. Violated when
conduct is unreasonable. - ANS ✓Business Judgment Rule
9. Officers and directors owe the corporation a duty of care to act
as a reasonably prudent person would act under similar
circumstances. - ANS ✓Duty of Care (Business)
10. Exceeding $75,000 - ANS ✓Diversity Amount in Controversy
11. Determined by domicile - ANS ✓Diversity Citizenship of
Natural Person
12. Where incorporated and where principle place of business
located (nerve center) - ANS ✓Diversity Citizenship of Corporation
13. Determined by citizenship of members - ANS ✓Diversity
Citizenship of Unincorporated Association
14. By own citizenship, not that of representative. - ANS
✓Diversity Citizenship of Minors, Decedents, Incompetents
15. At time of filing - ANS ✓When is Amount in Controversy
Calculated
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16. Yes, however, if plaintiff recovers less than $75,000, may
have to pay defendant's litigation costs. - ANS ✓Aggregated
Claims Allowed to Get to $75,000?
17. Protects individuals against unreasonable searches and
seizures of property and against unlawful arrests. - ANS ✓Fourth
Amendment
18. When arresting someone in their home. - ANS ✓Arrest
Warrant, When Needed?
19. Police may randomly stop automobiles if there is a
reasonable suspicion. - ANS ✓Automobile Stop Standard
20. Required for government search and seizure of property
that is located where one has a reasonable expectation of
privacy because a person has a right to be free from
unreasonable search or seizure. - ANS ✓When is a Search Warrant
Required?
21. Home and curtilege - ANS ✓Where Does a Person Have a
Reasonable Right to Expectation of Privacy?
22. Based on probable cause, issued by a neutral magistrate,
describe the premises to be searched and items to be seized. -
ANS ✓A Warrant Must
23. Yes, must knock and announce. If they don't get a
response, may enter. - ANS ✓Must Police Knock on Warrant
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24. May search within the arrestee's immediate
control/wingspan, protective sweep of area if reasonable belief
of other dangerous individuals, and vehicle if driver can access
at time of search or might contain evidence of arrested offense. -
ANS ✓Extent of Search Incident to Lawful Arrest
25. Items in plain view don't require a warrant to search, as
long as view is from place where gov't has a right to be. - ANS
✓Plain View Doctrine
26. Yes, may impound and search back at station house. - ANS
✓Driver Arrested, Can Search Car?
27. If probable cause, may search vehicle and any containers. -
ANS ✓Auto Search for Contraband
28. Police may conduct search without warrant if they have
probable cause and is necessary to prevent destruction of
evidence, imminent injury or in hot pursuit. - ANS ✓Exigent
Circumstances
29. Admissible if based on witness's perceptions and helpful to
trier of fact. Under FRE, not based on scientific or specialized
knowledge. - ANS ✓Lay Witness Opinion Testimony
30. Admissible as exception if describing or explaining an
event or condition and made while declarant was perceiving the
event of condition or immediately thereafter. - ANS ✓Present
Sense Impression (FRE)
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