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Question 1Civil Procedure

In a Louisiana civil action, what period applies to a defendant who is served with citation and petition within the state, and when does that period begin to run?

  1. Ten days from the date the clerk issues the citation
  2. Fifteen days from the date the petition was filed in the clerk's office
  3. Twenty-one days from the date the defendant receives a courtesy copy by mail
  4. Thirty days from the date of service of citation on the defendant Correct answer.

Explanation

Under La. Code Civ. Proc. art. 1007, a defendant served within the state must file an answer within thirty days after service of citation. The delay runs from service, not from filing of the petition or issuance of citation, and no courtesy copy triggers it.

Question 2Civil Procedure

A Louisiana plaintiff files suit in the 19th Judicial District Court in East Baton Rouge Parish against a defendant domiciled in Orleans Parish, for a breach of contract occurring in Orleans Parish. No other defendant or co-defendant is involved. Where is venue proper?

  1. Only in East Baton Rouge Parish, because the plaintiff chose to file there
  2. Only in Orleans Parish, because the defendant is domiciled there and the cause arose there Correct answer.
  3. In the parish where the contract was signed, regardless of domicile or breach location
  4. In either East Baton Rouge or Orleans Parish, because the plaintiff may choose among parishes with a stated basis

Explanation

La. Code Civ. Proc. art. 42 provides that a suit against a domiciliary of Louisiana must be brought in the parish of the defendant's domicile, and an action on a contract may also be brought where the contract was made or where it is to be performed. Because both domicile and the breach sit in Orleans Parish, venue lies there, and the plaintiff's unilateral filing choice does not create venue elsewhere.

Question 3Civil Procedure

Which statement correctly describes the function of a dilatory exception in Louisiana civil procedure?

  1. It defeats the action on the merits and results in a dismissal with prejudice
  2. It attacks the sufficiency of the petition's allegations of a cause of action
  3. It raises a preliminary matter that delays the action, such as improper venue or insufficiency of citation Correct answer.
  4. It is the vehicle for asserting a peremptory defense such as prescription

Explanation

Dilatory exceptions under La. Code Civ. Proc. arts. 923 and 926 raise preliminary or procedural matters that retard but do not defeat the action, such as improper venue, insufficiency of citation or service, and lack of capacity. Peremptory exceptions, by contrast, go to the merits or to the legal bar of the action.

Question 4Civil Procedure

A Louisiana defendant wishes to assert that the plaintiff's petition fails to state a cause of action. How is that objection properly raised, and what is its procedural effect if sustained?

  1. By a peremptory exception of no cause of action, which is tried on the face of the petition and results in dismissal Correct answer.
  2. By a motion in limine filed after the answer, which preserves the issue for appeal
  3. By an affirmative defense in the answer, which must be proven at trial by a preponderance
  4. By a dilatory exception, which merely delays the proceedings and permits amendment as of right

Explanation

The exception of no cause of action is a peremptory exception under La. Code Civ. Proc. art. 927 that tests whether the law affords a remedy on the facts alleged, and it is decided on the face of the petition without evidence. If sustained, the petition is dismissed, though the plaintiff may be allowed to amend when the grounds can be removed.

Question 5Civil Procedure

In a Louisiana jury trial, how many jurors must concur to render a verdict in a civil case, and what is the consequence of a failure to reach that number?

  1. Ten of twelve jurors must concur; a lesser vote results in a judgment for the defendant
  2. Nine of twelve jurors must concur; a lesser vote results in a mistrial Correct answer.
  3. Twelve of twelve jurors must concur; a lesser vote results in a directed verdict
  4. Six of six jurors must concur unanimously; a lesser vote results in a new trial

Explanation

La. Code Civ. Proc. art. 4141 requires that a civil jury be composed of twelve jurors and that nine concur to render a verdict. If nine jurors cannot agree, the court declares a mistrial and the case may be retried.

Question 6Civil Procedure

A plaintiff files a petition in Louisiana state court. Within what delay must the plaintiff request service of citation on the defendant, and what happens if service is not requested timely?

  1. Ninety days, after which the action is dismissed without prejudice as a matter of right
  2. Thirty days, after which the petition is deemed abandoned with prejudice
  3. One year, after which the defendant may move for summary judgment
  4. One hundred twenty days, after which the action is dismissed without prejudice unless good cause is shown Correct answer.

Explanation

La. Code Civ. Proc. art. 1201(C) requires that the plaintiff request service on the defendant within one hundred twenty days of filing the petition. Absent a showing of good cause, the action is dismissed without prejudice, though the plaintiff may be permitted to request service after that period if good cause is shown.

Question 7Civil Procedure

A Louisiana defendant is served with citation and petition. Which pleading must the defendant file to assert that the court lacks personal jurisdiction over her?

  1. A motion to quash service of process
  2. A peremptory exception of prescription
  3. An answer denying the allegations of the petition
  4. A dilatory exception of lack of personal jurisdiction, raised in the answer or in a preliminary pleading Correct answer.

Explanation

Objections to personal jurisdiction are raised through the dilatory exception under La. Code Civ. Proc. arts. 925 and 926, and the exception may be pleaded in the answer or in a preliminary pleading filed before answering. Failing to raise it timely generally waives the objection.

Question 8Civil Procedure

Which of the following is the correct standard for a Louisiana court to grant a motion for summary judgment?

  1. The movant must show that no genuine issue of material fact exists and that she is entitled to judgment as a matter of law Correct answer.
  2. The movant must prove her case by a preponderance of the evidence at a contradictory hearing with live testimony
  3. The movant must obtain a stipulation from all parties that no facts are disputed
  4. The movant must show that the adverse party cannot produce any evidence at trial

Explanation

La. Code Civ. Proc. art. 966 provides that summary judgment is granted if the pleadings, depositions, answers to interrogatories, admissions, and affidavits show no genuine issue of material fact and that the mover is entitled to judgment as a matter of law. The burden is on the mover to make that showing.

Question 9Civil Procedure

A Louisiana plaintiff wishes to take the deposition of a defendant who resides in Texas. Which procedural step is required to compel the witness's attendance and testimony?

  1. Obtain an order from the Texas court authorizing the deposition under the Uniform Foreign Depositions Law
  2. File a motion for commission to take testimony in the foreign jurisdiction
  3. Subpoena the witness under La. Code Civ. Proc. art. 1351, with the subpoena served in accordance with the applicable rules for out-of-state service Correct answer.
  4. Serve a notice of deposition by certified mail on the witness without a subpoena

Explanation

Under La. Code Civ. Proc. art. 1351, a party may compel a witness's attendance at a deposition by subpoena, and for an out-of-state witness the subpoena is served in accordance with the rules governing service in that jurisdiction. A subpoena, rather than mere notice, is necessary to compel attendance of a nonparty or a nonresident witness.

Question 10Civil Procedure

Which statement about the scope of discovery in Louisiana civil actions is accurate?

  1. Discovery is available only after the defendant has filed an answer
  2. Discovery is limited to matters admissible at trial, and inadmissible material is never discoverable
  3. Discovery is limited to documents the opposing party intends to introduce into evidence
  4. Parties may obtain discovery of any matter relevant to the subject matter of the action, whether or not it would be admissible at trial Correct answer.

Explanation

La. Code Civ. Proc. art. 1422 permits discovery of any matter relevant to the subject matter of the action, including information reasonably calculated to lead to the discovery of admissible evidence, regardless of ultimate admissibility. Relevance is construed broadly at the discovery stage.

Question 11Civil Procedure

In a Louisiana action, the defendant fails to respond to interrogatories within the delay allowed. What is the plaintiff's proper course?

  1. Request a mistrial on the ground of discovery abuse
  2. Immediately move for default judgment on the petition
  3. File a motion to compel discovery responses, and if the failure persists, seek sanctions including reasonable expenses and attorney's fees Correct answer.
  4. File an exception of no cause of action

Explanation

Under La. Code Civ. Proc. arts. 1469 and 1471, a party may move to compel responses to discovery, and the court may impose sanctions for failure to comply, including reasonable expenses and attorney's fees caused by the failure. Sanctions may escalate to more severe measures if the failure continues.

Question 12Civil Procedure

A Louisiana plaintiff's petition names a defendant who is a nonresident and who has no contacts with Louisiana other than a single isolated advertisement in a Louisiana newspaper that was never acted upon. Can Louisiana exercise personal jurisdiction over that defendant?

  1. No, because an isolated advertisement not directed at or acted upon in Louisiana does not establish minimum contacts Correct answer.
  2. Yes, because the advertisement was published in Louisiana and constitutes purposeful availment
  3. No, because nonresidents are categorically immune from Louisiana jurisdiction
  4. Yes, because the plaintiff may serve the defendant under the long-arm statute regardless of contacts

Explanation

Louisiana's long-arm statute, La. R.S. 13:3201, extends jurisdiction to the limits of due process, which requires purposeful contacts with the forum such that the exercise of jurisdiction is reasonable. A single isolated advertisement never acted upon does not constitute purposeful availment of the Louisiana market, so jurisdiction would not comport with due process.

Question 13Civil Procedure

In a Louisiana civil action, what is the effect of a judgment of dismissal without prejudice on the plaintiff's ability to refile the same claim?

  1. The plaintiff must obtain leave of the original court to refile
  2. The plaintiff is barred from refiling the same claim in any Louisiana court
  3. The plaintiff may refile only in federal court
  4. The plaintiff may refile the claim, subject to the applicable prescriptive period, because the dismissal does not adjudicate the merits Correct answer.

Explanation

A dismissal without prejudice does not operate as an adjudication on the merits and therefore does not bar a subsequent action on the same claim. The plaintiff may refile, though the new action remains subject to prescription and any applicable procedural requirements.

Question 14Civil Procedure

In Louisiana, which party bears the burden of proving that an action is prescribed when prescription is asserted by peremptory exception?

  1. The clerk of court, who must verify the filing date against the prescriptive period
  2. The plaintiff, because she must prove the timeliness of her action as an element of her case
  3. The defendant, because prescription is an affirmative defense that must be established by the party pleading it Correct answer.
  4. The court, which must determine prescription on its own motion without evidence

Explanation

Prescription is an affirmative defense, and the party pleading it bears the burden of proving that the prescriptive period has run. Once the defendant makes that showing, the burden shifts to the plaintiff to establish an interruption or suspension of prescription.

Question 15Civil Procedure

Which of the following best describes the Louisiana concept of abandonment of an action?

  1. An action is abandoned when the plaintiff fails to appear at a scheduled hearing
  2. An action is abandoned when the plaintiff fails to serve the defendant within one hundred twenty days
  3. An action is abandoned when the parties fail to take any step in its prosecution or defense for a period of three years Correct answer.
  4. An action is abandoned when the defendant fails to file an answer within thirty days

Explanation

La. Code Civ. Proc. art. 561 provides that an action is abandoned when the parties fail to take any step in its prosecution or defense for a period of three years. Abandonment is established by the record, and the action may be dismissed on the court's own motion or on motion of a party.

Question 16Civil Procedure

A Louisiana plaintiff seeks to amend her petition after the defendant has answered. What is the general rule governing amendment?

  1. The plaintiff may never amend after the answer is filed
  2. The plaintiff may amend as a matter of right at any time before trial without leave of court
  3. The plaintiff may amend with leave of court or with the written consent of the adverse party, and leave shall be granted when justice so requires Correct answer.
  4. The plaintiff must file a new action rather than amend the petition

Explanation

La. Code Civ. Proc. art. 1151 permits a plaintiff to amend her petition with leave of court or with the written consent of the adverse party, and the court shall grant leave when justice so requires. Amendment after answer is therefore permitted but requires leave or consent.

Question 17Civil Procedure

In a Louisiana civil jury trial, which of the following is true regarding the court's instructions to the jury?

  1. The court may not instruct the jury on the burden of proof because that is for counsel to argue
  2. The court must submit all proposed instructions to the jury for a vote
  3. The court shall instruct the jury on the law applicable to the case, and the parties may request special instructions that the court may accept, modify, or refuse Correct answer.
  4. The court must give all requested instructions exactly as submitted by the parties

Explanation

Under La. Code Civ. Proc. arts. 1791 and 1792, the court instructs the jury on the law applicable to the case, and parties may submit requested special charges that the court may give, modify, or refuse. The court retains discretion to frame the instructions accurately.

Question 18Civil Procedure

A Louisiana defendant wishes to challenge the sufficiency of service of process made on him by domiciliary service. Which procedural vehicle is appropriate?

  1. A dilatory exception of insufficiency of service of process Correct answer.
  2. A motion for new trial
  3. A peremptory exception of no right of action
  4. A motion for summary judgment

Explanation

Insufficiency of service of process is raised by the dilatory exception under La. Code Civ. Proc. art. 926, which delays the proceedings until the defect is cured. The exception must be raised in the answer or in a preliminary pleading before answering.

Question 19Civil Procedure

Which statement accurately describes the Louisiana rule on the certification of a class action?

  1. The court may certify a class if the class is so numerous that joinder is impracticable, there are common questions of law or fact, the claims are typical, and the representative will fairly protect the class Correct answer.
  2. Certification is automatic upon the filing of a petition alleging common questions
  3. Certification is available only in federal court under the Louisiana rules
  4. Certification requires the consent of every putative class member

Explanation

La. Code Civ. Proc. art. 591 sets out the requirements for class certification, including numerosity, commonality, typicality, and fair and adequate representation, along with additional criteria such as the predominance of common questions. Certification is discretionary with the court and is not automatic.

Question 20Civil Procedure

In a Louisiana civil action, when may a court award attorney's fees to the prevailing party?

  1. Only when the losing party acted in bad faith, and never otherwise
  2. Only when authorized by statute, rule, or contract Correct answer.
  3. Whenever the prevailing party requests them, because Louisiana follows the American rule without exception
  4. Only in federal court, because Louisiana state courts do not award fees

Explanation

Louisiana follows the American rule, under which each party generally bears its own attorney's fees unless a statute, rule, or contract authorizes an award. Courts may also award fees as a sanction in specific circumstances defined by law.

Question 21Constitutional Law

Under the Louisiana Constitution, which court is designated as the state's court of last resort for most civil and criminal matters?

  1. The district courts
  2. The Louisiana Supreme Court Correct answer.
  3. The Louisiana Court of Appeal
  4. The justice of the peace courts

Explanation

Article V of the Louisiana Constitution establishes the Supreme Court as the highest court in the state, with general supervisory jurisdiction over all other courts. The Court of Appeal sits below it, and district courts are courts of general original jurisdiction.

Question 22Constitutional Law

The Louisiana Constitution requires that a bill introduced in the legislature address only one object. This requirement is known as the:

  1. Title-body clause
  2. Presentment clause
  3. Nondelegation doctrine
  4. Single subject rule Correct answer.

Explanation

Article III, Section 15 of the Louisiana Constitution provides that every bill shall be confined to one object, a single-subject rule meant to prevent logrolling and surprise legislation. The title-body requirement is a related but distinct rule that the title must express the object.

Question 23Constitutional Law

A Louisiana parish ordinance prohibits all signs on residential property but allows flags. A homeowner challenges the ordinance as content-based. Which standard of review should the court apply?

  1. The time, place, and manner test, because the ordinance is content-neutral
  2. Rational basis, because zoning is a traditional police power
  3. Strict scrutiny, because the regulation distinguishes among types of expression Correct answer.
  4. Intermediate scrutiny, because signage is commercial speech

Explanation

A regulation that favors one category of expression (flags) while suppressing another (signs) is content-based and triggers strict scrutiny under First Amendment principles applied to the states. The government must show a compelling interest and narrow tailoring.

Question 24Constitutional Law

Which provision of the Louisiana Constitution expressly guarantees the right to individual dignity?

  1. Article I, Section 20
  2. Article I, Section 1 Correct answer.
  3. Article I, Section 3
  4. Article I, Section 5

Explanation

Article I, Section 1 of the Louisiana Constitution declares that all people are created free and equal in rights and that individual dignity is inviolable. Section 3 addresses equal protection, Section 5 addresses freedom of expression, and Section 20 addresses excessive punishment.

Question 25Constitutional Law

A Louisiana statute grants an administrative agency the power to define criminal penalties for violations of its rules. A defendant challenges the statute. What is the strongest constitutional argument?

  1. The statute violates the nondelegation doctrine by permitting the agency to exercise legislative power Correct answer.
  2. The statute violates the equal protection guarantee because it treats regulated parties differently
  3. The statute violates the contract clause by impairing existing agreements
  4. The statute violates the ex post facto prohibition because it applies prospectively

Explanation

The Louisiana Constitution vests legislative power in the legislature and limits its ability to delegate that power to agencies. Delegating the authority to define criminal penalties is a particularly suspect delegation because it transfers core legislative judgment to an unelected body.

Question 26Constitutional Law

In Louisiana, the governor's power to veto a bill may be overcome by:

  1. A three-fourths vote of the members elected to each house
  2. A simple majority of the members present in each house
  3. A majority vote of the Senate only
  4. A two-thirds vote of the members elected to each house Correct answer.

Explanation

The Louisiana Constitution permits the legislature to override a gubernatorial veto by a two-thirds vote of the elected members of each house. This supermajority requirement applies to both chambers.

Question 27Constitutional Law

A Louisiana criminal defendant argues that the state constitution affords greater protection than the federal Constitution against a particular search. How should the Louisiana court analyze this claim?

  1. It must follow federal precedent because the Fourth Amendment is incorporated
  2. It may not consider state constitutional claims once federal claims are raised
  3. It may interpret the state constitution independently to provide greater protection Correct answer.
  4. It must apply federal precedent unless the legislature has enacted a contrary statute

Explanation

State courts may interpret their own constitutions to afford broader protections than the federal Constitution, and Louisiana courts have done so in several contexts. Federal precedent sets a floor, not a ceiling, for individual rights.

Question 28Constitutional Law

Which Louisiana court has appellate jurisdiction over cases tried in the district courts within its circuit, subject to exceptions set by the constitution?

  1. The city courts
  2. The Louisiana Court of Appeal Correct answer.
  3. The family courts
  4. The Louisiana Supreme Court

Explanation

The Louisiana Constitution grants the courts of appeal appellate jurisdiction over civil and criminal cases within their circuits, subject to the Supreme Court's jurisdiction and certain exceptions. The Supreme Court generally reviews judgments of the courts of appeal.

Question 29Constitutional Law

A Louisiana law requires candidates for a local office to have resided in the parish for ten years. A qualified challenger who recently moved to the parish sues. Which analysis best fits?

  1. The law is subject to strict scrutiny because durational residency requirements burden the right to travel Correct answer.
  2. The law is valid if it is rationally related to a legitimate government interest
  3. The law is valid because residency requirements are always permissible
  4. The law is invalid because durational residency requirements are per se unconstitutional

Explanation

Durational residency requirements penalize the right to travel and are evaluated under strict scrutiny, requiring a compelling state interest and narrow tailoring. Short bona fide residency requirements for candidates may survive, but lengthy durational requirements are difficult to sustain.

Question 30Constitutional Law

The Louisiana Constitution's prohibition on cruel, excessive, or unusual punishment appears in which article and section?

  1. Article I, Section 2
  2. Article I, Section 16
  3. Article I, Section 13
  4. Article I, Section 20 Correct answer.

Explanation

Article I, Section 20 of the Louisiana Constitution prohibits cruel, excessive, or unusual punishment. It is a frequent subject of litigation involving sentencing proportionality.

Question 31Constitutional Law

A Louisiana homeowner displays a political sign that violates a parish ordinance limiting the size of residential signs. The homeowner argues the ordinance violates free expression. Which factor is most relevant to the court's analysis?

  1. Whether the homeowner paid a permit fee
  2. Whether the parish has previously enforced the ordinance
  3. Whether the ordinance leaves open ample alternative channels for communication Correct answer.
  4. Whether the sign was visible from a public road

Explanation

A content-neutral size restriction on residential signs is evaluated under the time, place, and manner test, which requires that it serve a significant government interest and leave open ample alternative channels. Alternative channels are central to that analysis.

Question 32Constitutional Law

Which statement best describes the Louisiana Constitution's approach to the right to privacy compared with the federal Constitution?

  1. The Louisiana Constitution protects privacy only in criminal investigations
  2. The Louisiana Constitution expressly protects privacy, and courts have recognized broader protection than the federal Constitution Correct answer.
  3. The Louisiana Constitution contains no privacy provision, so only federal law applies
  4. The Louisiana Constitution's privacy provision is identical in scope to the Fourth Amendment

Explanation

Article I, Section 5 of the Louisiana Constitution expressly protects against unreasonable invasions of privacy, and Louisiana courts have interpreted it to afford broader protection than the federal Constitution in some contexts. The provision is not limited to criminal investigations.

Question 33Constitutional Law

A Louisiana legislator introduces a bill whose title refers only to "taxation" but whose body also creates a new criminal offense. What constitutional problem is most directly presented?

  1. The bill violates the title-body requirement because the title does not express its object Correct answer.
  2. The bill violates the nondelegation doctrine because it creates a criminal offense
  3. The bill violates the presentment clause because it was not submitted to the governor
  4. The bill violates the single-subject rule only if it addresses two subjects

Explanation

The Louisiana Constitution requires that the title of an act express its object, so a title mentioning only taxation does not fairly notify the public of a new criminal offense. This is the title-body clause, distinct from the single-subject rule.

Question 34Constitutional Law

In Louisiana, which court generally has original jurisdiction over felony criminal cases?

  1. The Louisiana Supreme Court
  2. The justice of the peace court
  3. The court of appeal
  4. The district court Correct answer.

Explanation

District courts in Louisiana are courts of general original jurisdiction and handle felony prosecutions. Courts of appeal and the Supreme Court exercise appellate and supervisory review rather than original felony jurisdiction.

Question 35Constitutional Law

A Louisiana agency adopts a rule that restricts a fundamental right without a clear statutory basis. A challenger argues the rule exceeds the agency's authority. Which principle is most directly implicated?

  1. The contract clause
  2. The separation of powers and the limits of delegated authority Correct answer.
  3. The bill of attainder prohibition
  4. The full faith and credit clause

Explanation

An agency may exercise only the authority delegated to it by the legislature, and a rule restricting fundamental rights without statutory grounding raises separation-of-powers and nondelegation concerns. The other clauses address unrelated subjects.

Question 36Constitutional Law

A Louisiana defendant claims that a state statute criminalizing certain conduct violates the state constitution's due process guarantee because it is vague. Which article and section is the source of that guarantee?

  1. Article I, Section 2 Correct answer.
  2. Article I, Section 3
  3. Article I, Section 5
  4. Article I, Section 20

Explanation

Article I, Section 2 of the Louisiana Constitution guarantees due process of law, which encompasses void-for-vagueness challenges. Sections 3, 5, and 20 address equal protection, expression, and punishment respectively.

Question 37Contracts

A homeowner emails a contractor: 'I'll pay $8,000 if you resurface my driveway by June 1.' The contractor replies, 'Accepted - I'll start Monday.' Under California contract law, which statement best describes the parties' relationship?

  1. A bilateral contract was formed, because each party exchanged a promise for a promise. Correct answer.
  2. No contract exists until the contractor actually completes the driveway.
  3. No contract exists because the homeowner's email lacked a formal signature.
  4. A unilateral contract was formed, because the contractor must finish the work before any duty arises.

Explanation

When each party makes a promise in exchange for the other's promise, the result is a bilateral contract, and the contractor's acceptance created mutual obligations immediately. The contractor's duty to perform is not a condition precedent to contract formation. Signature formalities are generally unnecessary for an enforceable contract of this kind.

Question 38Contracts

Which of the following is required for a promise to be enforceable under the doctrine of promissory estoppel in California?

  1. The promisee must have relied on the promise in a manner that was reasonable and foreseeable to the promisor. Correct answer.
  2. The promisee must have suffered damages equal to the full value of the promised performance.
  3. The promise must be in writing and signed by the promisor.
  4. The promisee must have conferred a benefit on the promisor that the promisor retained.

Explanation

Promissory estoppel requires a clear promise, reasonable and foreseeable reliance, actual reliance, and injustice absent enforcement; damages may be limited to reliance rather than expectation. A writing is not required, and retention of a benefit describes restitution, not estoppel.

Question 39Contracts

A landlord and tenant sign a one-year lease that includes a clause stating that the tenant waives all rights to a jury trial in any dispute arising from the lease. Which analysis is most accurate under California law?

  1. The clause is enforceable only if the tenant was represented by counsel at signing.
  2. The clause is enforceable because parties to a commercial lease may waive any contractual right.
  3. The clause is automatically enforceable once the lease is recorded.
  4. The clause is unenforceable because predispute waivers of jury trial in a contract of adhesion are generally void as against public policy. Correct answer.

Explanation

California treats predispute contractual jury waivers as unenforceable, particularly in adhesion contracts, because the right to a jury trial is constitutionally protected and cannot be prospectively surrendered in that manner. Representation by counsel or recording does not cure the defect.

Question 40Contracts

Under California's statute of frauds, which agreement is most clearly required to be evidenced by a writing signed by the party to be charged?

  1. An oral agreement to sell a used car for $4,000, to be delivered the next day.
  2. An oral agreement to lease an apartment for six months at $1,500 per month.
  3. An oral agreement to perform plumbing services for $2,000.
  4. An oral agreement to sell a parcel of real property. Correct answer.

Explanation

Contracts for the sale of real property fall within the statute of frauds and must be evidenced by a writing signed by the party to be charged. Short-term leases, goods under $500, and services contracts generally fall outside the writing requirement.

Question 41Contracts

A buyer and seller sign a contract for the sale of goods. The buyer later learns the seller made a material misrepresentation about the goods' condition. Which remedy is available to the buyer under California law?

  1. Automatic treble damages under the UCC.
  2. Rescission, restoring both parties to their pre-contract positions. Correct answer.
  3. Punitive damages for the misrepresentation alone.
  4. Specific performance, compelling the seller to deliver conforming goods.

Explanation

A party induced to contract by material misrepresentation may rescind, returning the parties to their status quo ante. Specific performance is an equitable remedy for unique goods and is not the standard response to misrepresentation; punitive damages require more than a breach, and treble damages are statutory, not automatic under the UCC.

Question 42Contracts

A caterer agrees to provide food for a wedding on a specified date. Before the date, the caterer tells the couple it will not perform because it accepted a more lucrative event. Which statement best describes the couple's position?

  1. They must wait until the wedding date to sue for breach.
  2. They have no claim because the repudiation occurred before the performance date.
  3. They may sue only if they first secure substitute catering and prove the difference in price.
  4. They may sue immediately for anticipatory repudiation because the caterer clearly and unequivocally refused to perform. Correct answer.

Explanation

An unequivocal repudiation of a contractual duty before the time of performance gives the nonbreaching party an immediate right to sue for total breach. The injured party need not wait for the date or first obtain substitute performance, though mitigation affects damages.

Question 43Contracts

A restaurant owner hires a chef under a two-year employment contract. The chef's duties are personal and depend on the chef's unique skills. If the chef breaches and begins working for a competitor, which remedy is a court most likely to consider?

  1. An order rescinding the employment contract and restoring the chef's signing bonus.
  2. An injunction enforcing a reasonable negative covenant not to work for a competitor during the term. Correct answer.
  3. An order of specific performance compelling the chef to resume cooking for the original employer.
  4. An award of liquidated damages equal to the chef's total salary for two years.

Explanation

California courts will not compel personal services, but they may enforce a reasonable negative covenant by enjoining the employee from working for a competitor during the contract term. Specific performance of personal services is unavailable, and a penalty equal to total salary would not be enforceable as liquidated damages.

Question 44Contracts

A homeowner signs a contract with a roofer that includes a clause: 'Contractor is not liable for any damage to the home, however caused, including its own negligence.' A fire started by the roofer's negligence destroys the home. How is the clause most likely treated?

  1. It is enforceable only if the homeowner initialed that specific paragraph.
  2. It is automatically void because exculpatory clauses are illegal in California.
  3. It is enforceable because exculpatory clauses are always honored between sophisticated parties.
  4. It is likely unenforceable as applied to the roofer's own negligence causing property damage, because such clauses are strictly construed and may violate public policy. Correct answer.

Explanation

Exculpatory clauses are construed strictly against the party seeking protection and are unenforceable to the extent they purport to exempt a party from liability for its own negligence in contexts affecting the public interest or violating public policy. Initialing a clause does not override that limit, and such clauses are not categorically illegal.

Question 45Contracts

A tenant and landlord orally agree that the tenant may stay in the apartment for 18 months at a fixed rent. After six months, the landlord seeks to evict. What is the most likely result under the statute of frauds?

  1. The lease is fully enforceable because residential leases are exempt from the statute of frauds.
  2. The lease is void entirely, and the tenant must vacate immediately with no notice.
  3. The lease is enforceable because the tenant has taken possession and paid rent.
  4. The lease is unenforceable beyond one year because it was not in writing, though the tenant may have a periodic tenancy based on rent payment. Correct answer.

Explanation

A lease exceeding one year falls within the statute of frauds and must be in writing. An oral lease of that length is unenforceable for its full term, but part performance and rent payment can create a periodic tenancy terminable on proper notice.

Question 46Contracts

A party to a contract is induced to sign by the other party's threat to report the party's immigration status unless the party sells a business at a below-market price. Which ground for avoidance is most directly implicated?

  1. Duress, because the threat deprived the party of free assent. Correct answer.
  2. Frustration of purpose.
  3. Unilateral mistake of fact.
  4. Failure of a condition precedent.

Explanation

Duress exists when a party's assent is obtained by an improper threat that leaves no reasonable alternative, and threats to report immigration status are improper. Mistake, frustration, and conditions concern different doctrines and do not address coerced assent.

Question 47Contracts

A seller and buyer enter a contract that states: 'This writing is the complete and final expression of the parties' agreement.' The buyer later seeks to introduce evidence of an earlier oral promise about a delivery schedule that contradicts a term in the writing. How should the court rule?

  1. Admit the evidence because oral promises always survive integration.
  2. Exclude the evidence only if the contract is under seal.
  3. Exclude the evidence under the parol evidence rule because the writing is fully integrated and the evidence contradicts its terms. Correct answer.
  4. Admit the evidence only if the buyer can show the promise was made before signing.

Explanation

When the parties intend a writing as a complete and final integration, the parol evidence rule bars prior or contemporaneous oral agreements that contradict or supplement its terms. The timing of the oral promise does not create an exception, and seals are irrelevant to modern integration analysis.

Question 48Contracts

An event planner contracts to organize a gala at a specific hotel. Before the event, the hotel is destroyed by an unforeseeable fire, making performance impossible. Which doctrine most likely excuses the planner's duty to hold the event at that hotel?

  1. Commercial impracticability, because performance became more expensive.
  2. Waiver, because the planner failed to object to the fire.
  3. Anticipatory repudiation, because the hotel failed to provide the venue.
  4. Impossibility, because the subject matter essential to performance was destroyed without fault. Correct answer.

Explanation

Impossibility discharges a duty when an event beyond the parties' control destroys the subject matter or means of performance essential to the contract. Impracticability involves extreme and unreasonable cost rather than literal destruction, and repudiation and waiver require different facts.

Question 49Contracts

A software company and a client sign a contract containing a clause fixing damages at $500 per day for late delivery, an amount the parties agree is a reasonable forecast of anticipated harm. The company delivers 30 days late. Which statement is correct?

  1. The clause is enforceable only if the client proves actual damages exceeding $15,000.
  2. The clause is void because it fixes damages in advance rather than after breach.
  3. The clause is enforceable if it was a reasonable estimate of anticipated harm at the time of contracting and actual harm is difficult to determine. Correct answer.
  4. The clause is unenforceable because liquidated damages clauses are disfavored per se.

Explanation

California enforces liquidated damages provisions that are a reasonable estimate of anticipated harm at formation and apply when actual damages would be difficult to ascertain. Such clauses are not per se invalid, and the client need not prove actual loss exceeding the stipulated amount.

Question 50Contracts

A general contractor and a subcontractor sign a contract. The subcontractor later claims the contract is unconscionable because it contains a one-sided indemnity clause buried in fine print and the subcontractor had no meaningful ability to negotiate. Which showing is most important to establish procedural unconscionability?

  1. That the contract was offered on a take-it-or-leave-it basis with unequal bargaining power and surprise. Correct answer.
  2. That the clause allocates risk in a commercially unreasonable way.
  3. That the subcontractor later breached the contract.
  4. That the contract price was higher than market rate.

Explanation

Procedural unconscionability focuses on oppression and surprise arising from unequal bargaining power and adhesion terms, while substantive unconscionability concerns overly harsh or one-sided terms. A later breach or a high price does not establish procedural unfairness in the bargaining process.