Step2Study

California First-Year Law Students' Exam (Baby Bar) — MC practice questions

212 free questions with answers and explanations.

Practice test
  1. 151.An angry customer, dissatisfied with a store's service, intentionally and loudly accused a sales associate, in front of other customers, of 'stealing money from the cash register' and being a 'known drug dealer.' These statements were entirely false. The sales associate suffered severe emotional distress and was subsequently fired due to the accusations. Which type of defamation has occurred, and what is its significance regarding damages?Torts
  2. 152.A professional athlete, known for their strict vegan diet, was featured in a magazine advertisement for a new line of meat-based protein bars without their consent. The advertisement included a fabricated quote attributed to the athlete praising the protein bars. The athlete suffered significant reputational damage and was publicly criticized by their fan base and sponsors. Which privacy tort has most likely been committed?Torts
  3. 153.A patient underwent a routine medical procedure. Before the procedure, the doctor explained the general nature of the surgery and its common risks, and the patient signed a consent form. However, the doctor failed to inform the patient about a very rare but severe complication that, had the patient known, they would have declined the procedure. The complication occurred. The patient sued the doctor. Which legal theory is most appropriate for the patient's claim?Torts
  4. 154.A buyer and a seller enter into a written contract for the sale of a commercial property. The contract includes a clause stating, 'This written agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written.' The buyer later attempts to introduce evidence of an oral agreement made prior to the written contract, where the seller promised to include a specific piece of equipment with the property. Under the Parol Evidence Rule, will the court likely admit this evidence?Contracts
  5. 155.A small medical clinic, facing financial difficulties, decided to cut costs by using a cheaper, unsterilized brand of surgical gloves for minor procedures, despite knowing that industry standards required sterile gloves. A patient developed a severe infection after a minor surgery performed at the clinic using these gloves. The patient sued the clinic for negligence. Which element of negligence is most clearly established by the clinic's decision to use unsterilized gloves?Torts
  6. 156.A musician agrees to perform at a private party for $1,000. Three days before the party, the musician's hand is severely broken in an unforeseeable accident, making it impossible to play their instrument. The party host demands that the musician find a replacement or still pay damages for breach of contract. Is the musician obligated to perform or find a replacement?Contracts
  7. 157.A general contractor enters into a contract with a landowner to build a commercial building for $1,000,000. The contract contains a clause stating that 'any modifications to this agreement must be in writing and signed by both parties.' During construction, the landowner orally requests an additional feature, a custom facade, which the contractor agrees to build for an extra $50,000. After completion, the landowner refuses to pay the extra $50,000, citing the 'no oral modification' clause. Is the contractor likely to recover the additional $50,000?Contracts
  8. 158.A general contractor hires a subcontractor to install custom cabinetry in a new home. The contract between them states that the subcontractor will be paid the final installment of $15,000 "upon the general contractor's receipt of final payment from the homeowner." The subcontractor completes the work, but the homeowner declares bankruptcy and never pays the general contractor. The general contractor then refuses to pay the subcontractor, citing the contract term. What is the legal effect of this clause?Contracts
  9. 159.A college student, aged 17, signs a lease agreement for an apartment. The lease is for one year, with rent of $1,000 per month. After three months, the student decides to move out and disaffirms the lease. The landlord sues for the remaining nine months' rent. What is the likely outcome?Contracts
  10. 160.A tenant assigns their lease to a new tenant (assignee) with the landlord's consent. The assignment agreement states that the original tenant (assignor) is released from all future obligations under the lease. Six months later, the assignee defaults on rent payments. Who is primarily liable to the landlord for the unpaid rent?Contracts
  11. 161.A disgruntled employee, after being fired, accessed the company's internal network using a former colleague's login credentials without authorization. The employee copied several non-confidential but valuable client lists to a personal USB drive. The company discovered the unauthorized access and copying but could not prove any actual harm to the client lists (e.g., they weren't deleted, altered, or used by a competitor). Which tort has the employee most likely committed?Torts
  12. 162.A buyer and a seller enter into a written contract for the sale of a rare, one-of-a-kind painting for $100,000. Before the closing date, the seller discovers a defect in the painting that significantly diminishes its value, making it commercially worthless. The buyer, unaware of the defect, insists on proceeding with the sale. If the buyer sues for specific performance, what is the most likely outcome?Contracts
  13. 163.A manufacturer contracts to sell 1,000 units of a specialized component to a buyer for $50,000, with delivery in six months. Three months before delivery, the manufacturer's factory burns down, destroying its unique machinery needed to produce the components. The manufacturer informs the buyer that it cannot fulfill the order. The components are not available elsewhere. What is the legal effect of the factory's destruction on the contract?Contracts
  14. 164.A hiker, while exploring a remote area, encountered a chained bear that was part of a private, legally permitted wildlife sanctuary. The hiker ignored 'Do Not Approach' signs and attempted to pet the bear. The bear, startled, bit the hiker, causing serious injury. The hiker sued the sanctuary under strict liability. What is the most likely outcome?Torts
  15. 165.A software company hires a new programmer. The employment contract includes a clause stating, 'Any dispute arising out of or relating to this agreement shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.' Six months later, the programmer is fired and believes it was wrongful termination. The programmer wants to sue the company in court. Can the programmer do so?Contracts
  16. 166.A professional athlete, known for their strict vegan diet, was featured in a magazine advertisement for a new line of gourmet steaks. The athlete had not consented to the use of their image, and the advertisement strongly implied that the athlete endorsed the meat product. The athlete sued the magazine and the steak company. Which privacy tort is most applicable here?Torts
  17. 167.During a heated argument, Alex intentionally shoved Ben, causing Ben to fall and break his arm. Ben was surprised by the shove and did not anticipate physical contact. Which intentional tort has Alex most likely committed?Torts
  18. 168.A city ordinance prohibits excessive noise after 10 PM. A resident, tired of their neighbor's nightly garage band rehearsals that consistently exceed the noise limit, sues the neighbor for nuisance. The resident claims the noise prevents them from sleeping and enjoying their property. What type of nuisance claim is most appropriate here?Torts
  19. 169.A homeowner offers to sell their antique desk to a collector for $1,000. The collector responds, 'I will buy it for $900.' The homeowner rejects this. The collector then states, 'Okay, I accept your original offer of $1,000.' Is there a binding contract?Contracts
  20. 170.A driver, while texting, swerved across multiple lanes and collided with another car. The collision caused significant damage to the other car and physical injuries to its driver. Which of the following accurately lists the elements of negligence in the order they are typically analyzed?Torts
  21. 171.A homeowner contracts with a landscaper to completely redesign their garden for $10,000. The contract specifies that the landscaper will use 'Grade A' topsoil. During the project, the landscaper, without informing the homeowner, uses 'Grade B' topsoil, which is slightly inferior but still suitable for the garden and does not significantly affect its long-term health or appearance. The cost difference between 'Grade A' and 'Grade B' topsoil is $100. The homeowner discovers this after the project is completed and refuses to pay the remaining $2,000 balance. What type of breach has occurred, and what damages can the homeowner likely recover?Contracts
  22. 172.A buyer and a seller enter into a written contract for the sale of a rare, one-of-a-kind painting for $100,000. Before the closing date, the seller informs the buyer that they have decided to keep the painting and will not complete the sale. The buyer sues for breach of contract. What remedy is the buyer most likely to successfully seek?Contracts
  23. 173.A buyer and a seller enter into a contract for the sale of 1,000 custom-made widgets. The delivery date is set for October 1st. On September 1st, the seller unequivocally informs the buyer that they will not be able to produce or deliver the widgets by the agreed-upon date. What immediate options are available to the buyer?Contracts
  24. 174.A disgruntled employee, after being fired, accessed the company's internal network using a stolen password. The employee then deleted several critical project files, causing significant disruption and financial loss to the company. For which intentional tort is the former employee most likely liable?Torts
  25. 175.A tenant signs a two-year lease for an apartment. After six months, the tenant loses their job and can no longer afford the rent. The tenant informs the landlord and asks to be released from the lease. The landlord agrees to release the tenant from the remaining 18 months of the lease in exchange for a lump-sum payment of two months' rent. Both parties sign a new agreement reflecting this. What is the legal term for this new agreement?Contracts
  26. 176.A former employee, angry about being fired, secretly accessed their old company's client database and emailed several key clients, falsely stating that the company was going out of business and urging them to switch to a competitor. The company lost significant business as a direct result. Which tort is the former employee most likely to be liable for?Torts
  27. 177.A celebrity chef, known for her secret recipes, was photographed by a paparazzi hiding in bushes outside her home, using a high-powered lens to capture images of her cooking in her private kitchen through a window. The photographs were later published in a tabloid magazine. Which privacy tort is the celebrity chef most likely to successfully allege against the paparazzi and tabloid?Torts
  28. 178.A pedestrian was walking on a public sidewalk when a poorly maintained tree, located on adjacent private property, suddenly fell and injured the pedestrian. The property owner was aware that the tree had a severe internal rot and was leaning precariously but had taken no action to remove it or warn others. Which defense is the property owner LEAST likely to successfully assert in a negligence claim by the pedestrian?Torts
  29. 179.A patient underwent a routine medical procedure. Before the procedure, the doctor explained the risks and benefits, and the patient signed a consent form. During the procedure, the doctor performed an additional, unauthorized minor procedure that was not discussed but was medically beneficial and caused no harm. Which of the following best describes the doctor's liability?Torts
  30. 180.A college student, aged 17, signs a lease agreement for an apartment. The lease is for one year, with monthly rent of $1,000. After living in the apartment for three months and paying rent, the student decides to move out and notifies the landlord that they are disaffirming the lease. The landlord sues for the remaining nine months of rent. What is the most likely outcome?Contracts
  31. 181.A homeowner contracts with a roofing company to replace their entire roof for $15,000. The contract specifies that payment will be made 'upon satisfactory completion of the work, as determined by the homeowner.' After the work is completed, the homeowner states that they are not satisfied with the aesthetic appearance of the roof, even though it is structurally sound and waterproof. The roofing company sues for payment. Assuming the homeowner's dissatisfaction is genuine and in good faith, what is the likely outcome?Contracts
  32. 182.During a heated neighborhood dispute over a property line, Patricia, in a fit of rage, picked up a garden gnome belonging to her neighbor, David, and hurled it into David's backyard pond, causing it to shatter. David was upset by the destruction of his sentimental gnome. Which of the following torts has Patricia most likely committed?Torts
  33. 183.A small medical clinic, facing financial difficulties, decided to cut costs by using a cheaper, unapproved disinfectant for surgical instruments. Despite using the disinfectant as directed, several patients developed severe infections post-surgery due to the disinfectant's ineffectiveness. The clinic owners were unaware of the disinfectant's inadequacy, believing it was a standard product. Patients sued the clinic for negligence. Which element of negligence will be most difficult for the patients to prove?Torts
  34. 184.A general contractor enters into a contract with a landowner to build a commercial building for $1,000,000. The contract contains a clause that states: 'This Agreement may not be amended, modified, or otherwise changed except by a writing signed by both parties.' After construction begins, the landowner orally requests a minor change to the building's interior layout, which would add $5,000 to the cost. The contractor orally agrees to the change and completes the work. The landowner then refuses to pay the additional $5,000, citing the 'no oral modification' clause. Under common law, what is the most likely outcome?Contracts
  35. 185.A buyer enters into a contract to purchase a specific parcel of land for $200,000. Before the closing date, the seller informs the buyer that they have received a higher offer and are refusing to sell the land to the original buyer. The land is unique due to its location and zoning. If the original buyer sues for specific performance, what is the most likely outcome?Contracts
  36. 186.A homeowner purchased a new brand of lawnmower. While using it for the first time, a defect in the blade mechanism caused the blade to detach and fly off, narrowly missing the homeowner but severely damaging a nearby shed. The homeowner sued the manufacturer under strict products liability. What defense is the manufacturer LEAST likely to successfully assert?Torts
  37. 187.A homeowner contracts with a landscaper to completely redesign their garden for $10,000. The contract specifies 'Grade A turf' for the lawn. The landscaper installs 'Grade B turf,' which is slightly inferior but still healthy and green, and costs $500 less than Grade A. The homeowner discovers the discrepancy after completion. What is the most likely basis for the homeowner's damages?Contracts
  38. 188.A homeowner, installing a new fence, negligently left a large, uncovered hole in their front yard, close to the public sidewalk. That night, a delivery driver, while attempting to deliver a package, inadvertently stepped into the hole and suffered a broken ankle. Which element of negligence is most likely to be disputed by the homeowner?Torts
  39. 189.A disgruntled employee, after being fired, accessed the company's internal network using a former colleague's login credentials without permission. The employee merely viewed confidential customer data but did not alter, delete, or copy any information. The company sued for trespass to chattels. What is the most likely outcome?Torts
  40. 190.A small business owner enters into a written agreement with a supplier for 500 widgets at $5 each, to be delivered monthly over a year. The written contract states the price, quantity, delivery schedule, and payment terms. Before signing, the parties orally agreed that the widgets would be 'top-grade quality,' but this term was not included in the final written contract. When the first shipment arrives, the business owner claims the widgets are not 'top-grade' and attempts to introduce evidence of the prior oral agreement. Will the court likely allow this evidence?Contracts
  41. 191.A software developer signs a contract with a client to create a custom application for $10,000. The contract specifies that the final payment is due "upon satisfactory completion of the project, as determined by the client." After the developer delivers the application, the client states that it is not satisfactory and refuses to pay, despite the application meeting all technical specifications outlined in the contract. What is the likely outcome if the developer sues for payment?Contracts
  42. 192.A neighbor constantly plays loud music and hosts noisy parties late into the night, significantly disturbing the peace and quiet of the adjacent homeowner, preventing them from sleeping and enjoying their property. The noise levels, while not violating local ordinances every single night, are consistently disruptive. Which tort is the homeowner most likely to successfully allege against the neighbor?Torts
  43. 193.A homeowner contracts with a landscaper to completely redesign their garden for $10,000. The contract specifies that the landscaper must use a particular type of rare Japanese maple tree. The landscaper mistakenly uses a similar, but less expensive, common maple tree. The homeowner is upset but admits the garden is otherwise beautifully done and functional. The cost difference between the trees is $500. What is the most appropriate remedy for the homeowner?Contracts
  44. 194.A professional photographer captured an image of a well-known activist participating in a public protest against a local policy. The photographer then sold the image to a national magazine, which published it alongside an article criticizing the activist's stance. The activist sued the photographer for appropriation of likeness. Is the activist likely to succeed?Torts
  45. 195.A homeowner contracts with a landscaper to completely redesign their garden for $10,000. The contract specifies the use of specific rare rose bushes. The landscaper, without informing the homeowner, substitutes common but aesthetically similar rose bushes of slightly lower quality and cost. The homeowner notices the substitution after completion but the garden is otherwise beautifully done. What is the most likely classification of this breach?Contracts
  46. 196.A buyer enters into a contract to purchase a rare antique vase from a seller for $10,000. Before the payment and delivery, the vase is accidentally destroyed in a fire that was no fault of either party. Which of the following best describes the legal status of the contract?Contracts
  47. 197.A homeowner contracts with a roofing company to replace their entire roof for $15,000. The contract specifies that the homeowner must pay a deposit of $5,000 upon signing, with the remaining $10,000 due upon completion. The homeowner pays the deposit. Before any work begins, the roofing company informs the homeowner that they will not be able to perform the job due to staffing shortages. The homeowner then hires another company for $17,000. What is the homeowner's likely remedy, assuming no other damages?Contracts
  48. 198.A general contractor enters into a contract with a landowner to build a commercial building for $5 million. The contract contains a clause stating, "No modification of this Agreement shall be effective unless it is in writing and signed by both parties." During construction, unforeseen soil conditions require extra work. The landowner orally agrees to pay an additional $50,000 for this work. After completion, the landowner refuses to pay the extra $50,000, citing the 'no oral modification' clause. Under the common law, what is the most likely outcome?Contracts
  49. 199.A homeowner contracts with a landscaper to completely redesign their garden for $10,000. The contract specifies that the landscaper must use 'Premium Grade A' topsoil. However, due to a supplier error, the landscaper inadvertently uses 'Standard Grade B' topsoil, which is functionally equivalent and causes no aesthetic or growth issues, but is technically not 'Premium Grade A'. The homeowner discovers this after completion and refuses to pay the full $10,000, arguing a breach of contract. What type of breach has occurred, and what are the homeowner's likely remedies?Contracts
  50. 200.A small business owner enters into a contract with a marketing firm for a six-month advertising campaign. The contract states that the marketing firm will provide 'such services as the owner may request from time to time.' The owner pays the first month's fee but then, after realizing the vague nature of the services, decides not to request any further services. The marketing firm sues for the remaining five months' fees. What is the most likely defense for the business owner?Contracts