Are You Smarter than a High Schooler – Let’s Play a Game of Trivia and Find Out
KYC • Civics • Old Bar Exam • New Bar Exam • MPRE • Generational
American Inns of Court
The mission of the American Inns of Court is to foster excellence in professionalism, ethics, civility and legal skills.
Know Your Constitution
Know Your Constitution involves a multiple-choice quiz and a short essay for students in grades 9-12 on the U.S. Constitution. Winning entries are selected from each of Iowa’s 100 legislative districts. The purpose of this program is to encourage interest and foster pride in the federal Constitution, the foundation of our democracy, rooted in the rule of law.
KYC 1
The U.S. Constitution has as its most significant purposes is:
a. Conferring power on national and State governments b. Conferring power to the national government and limiting the power of national and State governments c. Limiting the power of the national and State government d. Conferring power to the national government and restricting the power of the national and State governments and private individuals
KYC 1
KYC 2
The Ninth Amendment to the U.S. Constitution...
a. Repeals the Seventh Amendment. b. Imposes a specific limitation on the power of the states to intrude into matters of privacy. c. Guarantees that states shall have powers not delegated to the Federal Government. d. Provides that the specification of rights in the first eight amendments isn't meant to be exhaustive.
KYC 2
KYC 3
Which of the following statements is correct concerning the Supreme Court review?
a. The Supreme Court has original and exclusive jurisdiction for all suits between state governments b. All court cases that come before the U.S. Supreme Court from the U.S. Court of Appeals must be heard c. The Supreme Court is obligated and must hear appeals resulting from a three-judge federal District Court decision d. All cases that come to the U.S. Court of Appeals to the Supreme Court writ of certiorari
KYC 3
KYC 4
Which clause gives Congress the power to make laws “necessary and proper”?
a. Supremacy Clause b. Commerce Clause c. Elastic Clause d. Equal Protection Clause
KYC 4
KYC 5
What does the Double Jeopardy clause do?
a. Prevents being charged twice with the same crime b. Prevents being convicted twice for the same crime c. Prevents the same crime charged across state lines d. Prevents the same crime charged in Federal and state court
KYC 5
Starting in the 2026-27 academic year, Iowa high school students must pass a civics test based on the U.S. Citizenship and Immigration Services (USCIS) naturalization exam to graduate. Students need to score at least 60% on the multiple-choice test, but they may retake it as many times as necessary.
Starting in the 2026-27 academic year, Iowa high school students must pass a civics test based on the U.S. Citizenship and Immigration Services (USCIS) naturalization exam to graduate. Students need to score at least 60% on the multiple-choice test, but they may retake it as many times as necessary.
Civics Test Questions
- SF 369 was signed by the Governor last May.
- Starting in the 2026-27 academic year, Iowa high school students must pass a civics test based on the U.S. Citizenship and Immigration Services (USCIS) naturalization exam to graduate. Students must score at least 60% on the multiple-choice test, but they may retake it as many times as needed.
- The Dept. of Ed has not released their version of the exam, so the following questions are from Wisconsin.
Civics Test Questions
Civics Advanced 1
“We the People” is best understood as expressing which constitutional theory of authority?
A. Divine right of kings B. Parliamentary sovereignty C. Popular sovereignty, exercised through a written constitution D. Judicial supremacy
Civics Advanced 1
Civics Test Questions
Civics Advanced 2
Which statement most accurately describes the Constitution’s status as “supreme law of the land”?
A. It is supreme over state law only when Congress expressly preempts B. It is persuasive authority unless incorporated by state constitutions C. It binds state judges notwithstanding contrary state law, under the Supremacy Clause D. It applies only to federal officers and agencies
Civics Advanced 2
Civics Test Questions
Civics Advanced 3
The President “is in charge of the executive branch” primarily because the Constitution vests in the President:
A. The power to appoint all federal judges B. The power to legislate by executive order C. The executive power and the duty to take care that the laws be faithfully executed D. The power to dissolve Congress
Civics Advanced 3
Civics Test Questions
Civics Advanced 4
Life tenure for Article III judges is chiefly designed to protect:
A. Legislative control of the judiciary B. Rapid doctrinal responsiveness to elections C. Decisional independence by insulating judges from political retaliation D. State sovereignty over federal adjudication
Civics Advanced 4
Civics Test Questions
Civics Advanced 5
A state’s number of U.S. House seats is determined by:
A. Equal representation by state, as in the Senate B. The number of counties in the state C. Apportionment based on population measured by the decennial census D. The state legislature’s designation of districts
Civics Advanced 5
Old Bar Exam -- MBE
The Multistate Bar Examination (MBE) is a six-hour, 200-question multiple-choice examination.The MBE, MEE, and MPT will be administered during the February 2028 bar exam and replaced in July 2028 by the NextGen Uniform Bar Exam. Iowa will administer the NextGen bar exam in July 2027.
Old Bar Exam
Question 2
A man sued a railroad for personal injuries suffered when his car was struck by a train at an unguarded crossing. A major issue is whether the train sounded its whistle before arriving at the crossing. The railroad offers testimony of a resident who has lived near the crossing for 15 years. Although she was not present on the occasion in question, she will testify that, whenever she is home, the train always sounds its whistle before arriving at the crossing. Is the resident’s testimony admissible?
A. No, due to the resident’s lack of personal knowledge regarding the incident in question. B. No, because habit evidence is limited to the conduct of persons, not businesses. C. Yes, as evidence of a routine practice. D. Yes, as a summary of her present sense impressions.
Question 2
Old Bar Exam
Question 10
A 50-year-old nurse who had been fired from his job at a hospital told his attorney, “I was fired because of my age, and I want to sue the hospital.” Based on this information, the attorney filed an age discrimination complaint against the hospital in federal court. As it turned out, the hospital had hired a 52-year-old man as the nurse’s replacement, a fact that rendered an age discrimination claim unavailable. The hospital responded by filing a motion for sanctions against the nurse’s attorney. Is the court likely to grant the hospital’s motion?
A. No, because sanctions are not proper against the attorney of a represented party. B. No, because the hospital failed to give the attorney the chance to withdraw the complaint in advance of filing the motion with the court. C. Yes, because the nurse’s attorney failed to conduct a reasonable pre-filing inquiry. D. Yes, because the nurse’s complaint contained legal contentions that were not warranted by existing law based on the facts in this case.
Question 10
Old Bar Exam
Question 11
A daughter was appointed guardian of her elderly father following an adjudication of his mental incompetence. The father had experienced periods of dementia during which he did not fully understand what he was doing. The father later contracted to purchase an automobile at a fair price from a seller who was unaware of the guardianship. At the time of the purchase, the father was lucid and fully understood the nature and purpose of the transaction. What is the legal status of the transaction?
A. The contract is enforceable, because a reasonable person in the situation of the seller would have thought that the father had the capacity to make the contract. B. The contract is enforceable, because it was made on fair terms and the seller had no knowledge of the father’s guardianship. C. The contract is void, because the father was under guardianship at the time it was made. D. The contract is voidable at the option of the father.
Question 11
Old Bar Exam
Question 14
A defendant was prosecuted for mail fraud. At trial, the defendant moved to have all witnesses excluded from the courtroom, and the court granted the motion. The government named the investigating FBI agent as its designated representative. Upon learning that the agent would be giving testimony during the trial, the defendant moved that the agent also be excluded from the courtroom. Should the defendant’s motion be granted?
A. No, provided that the government can show that the agent’s presence is essential to the presentation of its case. B. No, because the government has a right to have its designated representative remain in the courtroom throughout the trial. C. Yes, because the agent’s testimony might be influenced by the testimony of other witnesses. D. Yes, because the defendant has a right to exclude all persons who may be called as government witnesses.
Question 14
Old Bar Exam
Question 17
An attempt was made to hijack a commercial airliner while it was in flight from San Francisco to New Orleans. Within minutes, the hijacker was seized, and the plane proceeded to its destination. Upon arrival, television stations broadcast pictures of the passengers as they disembarked. Among the passengers pictured was a businessman who was supposed to be in Chicago on company business. The disclosure that the businessman was in New Orleans (and not Chicago) resulted in the loss of his position and great humiliation and embarrassment. If the businessman asserts a claim against the television stations for broadcasting his picture as he disembarked, is he likely to prevail?
A. Yes, because the businessman’s location was revealed against his wishes. B. Yes, because publication of the television pictures caused the businessman pecuniary loss. C. No, because the humiliation and embarrassment did not result in physical harm to the businessman. D. No, because the scene shown on television was newsworthy.
Question 17
New Bar Exam
- The NextGen Uniform Bar Examination is designed to assess core lawyering skills through a focused set of clearly defined legal concepts and principles essential to modern practice.
- The exam will cover foundational subjects, including business associations, civil procedure, constitutional law, contracts, criminal law and constitutional protections, evidence, real property, and torts,
- The exam will evaluate skills such as legal research and writing, issue spotting and analysis, investigation and evaluation, client counseling, negotiation and dispute resolution, and client relationship management.
New Bar Exam
Multiple-Choice Question 2
Your client owns a carpet cleaning company. The company contracted to clean carpets throughout a ten-story building for $15,000, with payment due in 30 days. Before payment was due, the customer sent a $12,000 check with a note stating that several carpets still had stains (with pictures). The note also said that if your client cashes the check, the remainder of the debt will be discharged. Your client asks whether the company can cash the check without relinquishing its right to recover the remainder of the debt. Which search term(s) would be most likely to produce resources answering the question? (Select one.)
A. Accord and satisfaction. B. Consideration. C. Novation. D. Offer and acceptance.
Multiple-Choice Question 2
New Bar Exam
Multiple-Choice Question 4
Your client (a bank) purchased a mortgage and promissory note from a credit union that had lent a borrower money to finance a home purchase. The borrower stopped making payments, and the bank initiated foreclosure. Another lender claims it has a prior mortgage on the same land and should be paid first from foreclosure proceeds. Which legal topic is most likely to affect whether your client collects before the other lender? (Select one.)
A. Covenants of title. B. Deficiency statutes. C. Recording statutes. D. Statute of frauds.
Multiple-Choice Question 4
New Bar Exam
Multiple-Choice Question 5
A construction worker sued an insulation manufacturer in federal court, claiming a chronic health condition after 20 years of exposure to the manufacturer’s insulation. The manufacturer denied liability and said it never supplied insulation to the worker’s employer. After the worker’s attorney deposed the manufacturer’s president and the manufacturer’s attorney deposed the worker, the manufacturer moved for summary judgment on the ground that the worker had no evidence showing the insulation was ever used by the worker’s employer. What is the worker’s best response? (Select one.)
A. Argue that more time is needed for additional discovery to show liability, and attach a declaration describing the desired discovery. B. Argue the motion should be denied because the manufacturer’s credibility is central, and only a jury can decide credibility. C. Argue the motion should be denied because the manufacturer failed to attach evidence showing the insulation was not used. D. Cross-move for summary judgment arguing the manufacturer introduced no evidence that its insulation did not harm the worker.
Multiple-Choice Question 5
New Bar Exam
Multiple-Choice Question 6
Select two. (Partial credit available.)
You represent a client in a dispute with a neighbor. The client owns a single-family home with several acres of land. The neighbor built a fence that extends onto the client’s land. The client is unsure when the fence was built because that area is obscured by trees. A recent survey confirms the encroachment. Which legal topics are most important to research before advising the client? (Select two.)
A. Adverse possession. B. Conversion. C. Implied easement. D. License. E. Negligence. F. Trespass.
Multiple-Choice Question 6
New Bar Exam
Multiple-Choice Question 7
Select two. (Partial credit available.)
Your client (a state college) hired a tennis coach at $60,000 per year. The parties orally agreed on a start date but did not discuss contract duration. Seven months later, the college wants to fire the coach without a hearing due to budget cuts. Which legal topics are most important to research before advising the client? (Select two.)
A. Employment at will. B. Parol evidence. C. Procedural due process. D. Substantial performance. E. Substantive due process. F. Takings clause.
Multiple-Choice Question 7
MPRE
- The MPRE tests an applicant’s knowledge of established professional conduct standards, primarily the ABA Model Rules of Professional Conduct, rather than personal morality.
- The MPRE is intended to measure understanding of core ethics topics such as conflicts of interest, confidentiality, and appropriate lawyer conduct.
MPRE
Question 2
A state prosecutor was assigned to a murder case in which the defendant had confessed. In the same confession, the defendant also confessed to many other crimes, including a murder in another jurisdiction. The prosecutor investigated and found corroboration, and knew it was reasonably likely that an individual already convicted of that other murder was innocent. The prosecutor did not tell anyone about the confession to the other murder. Was the prosecutor’s conduct proper?
A. No, because the prosecutor failed to promptly disclose the information regarding the confession to a court or the chief prosecutor in the other jurisdiction. B. No, because the prosecutor failed to investigate to determine whether the convicted individual was innocent. C. Yes, because the confession was information relating to the prosecutor’s representation of the state. D. Yes, because the prosecution of the other individual was final.
Question 2
MPRE
Question 9
A man asked an attorney to represent him pro bono in an appeal from the denial of unemployment benefits. The attorney agreed but missed the filing deadline. After discovering the error, the attorney met with the man and proposed settling a potential malpractice claim: the attorney would pay the man an amount equal to the benefits he would have received, and the man would waive any malpractice claim. The settlement was in writing and advised the man to seek independent counsel and that he could take as long as needed. The man signed the next week without consulting counsel, and the attorney paid him. Is the attorney subject to discipline?
A. Yes, because the attorney made an agreement to waive a potential malpractice claim. B. Yes, because the man did not consult independent counsel before agreeing. C. No, because the attorney advised the man in writing to seek independent legal counsel before agreeing. D. No, because the attorney agreed to fully compensate the man for his losses.
Question 9
MPRE
Question 10
An attorney represented a client in a breach of contract action against the client’s former business partner. During the representation, the client gave the attorney incontrovertible proof that the former partner had committed perjury in unrelated litigation years earlier, which had been resolved in the former partner’s favor. Neither the client nor the attorney had been involved in the prior litigation. The attorney believed disclosure would harm the client’s interests, so the attorney did not disclose the former partner’s prior perjury to the court. Was the attorney’s conduct proper?
A. Yes, because the attorney believed disclosure would be detrimental to the client’s best interests. B. Yes, because neither the client nor the attorney was involved in the prior litigation. C. No, because the attorney possessed knowledge that the former partner had perpetrated a fraud on a tribunal. D. No, because the information regarding the prior perjury was not privileged.
Question 10
MPRE
Question 13
A state attorney general notified a privately held health-care corporation that it was under investigation for Medicaid billing fraud. The corporation retained an attorney to investigate, advise, and (if needed) defend the corporation. The attorney interviewed an employee who said the corporation routinely inflated bills at the direction of the president, and that the fraud was ongoing. The attorney reviewed records and confirmed the statement was truthful. The attorney reported this to the corporation’s general counsel and board. A week later, the general counsel said the board declined to take action. The attorney knew the fraud would continue and was reasonably certain to cause substantial injury to the corporation. Without obtaining the employee’s informed consent, the attorney disclosed the information to the attorney general. Is the attorney subject to discipline?
A. Yes, because the attorney did not obtain the employee’s informed consent. B. Yes, because the attorney was retained to investigate and defend litigation arising from alleged violations of law. C. No, because the attorney first reported to the board and only reported to the attorney general when the board refused to act. D. No, because the information pertained to violations of law that were reasonably certain to result in substantial injury to the corporation.
Question 13
MPRE
Question 15
A prosecutor who graduated from law school two years earlier became a candidate to serve as a judge on a state trial court in a nonpartisan election. A newspaper reporter interviewed a prominent local attorney for his impressions of each candidate. Without investigating the candidates’ backgrounds, the attorney said about the prosecutor: “It takes many years of experience to develop the wisdom necessary to serve as a judge. Given that he has only been in practice for two years, I do not believe this prosecutor is ready to become a judge.” Is the attorney subject to discipline?
A. No, because the attorney expressed an honest and candid opinion concerning the professional fitness of a candidate for judicial office. B. No, because the First Amendment immunizes lawyers from discipline for making statements impugning the integrity of judges. C. Yes, because the attorney publicly criticized the qualifications of a candidate for judicial office. D. Yes, because the attorney did not conduct a reasonable investigation to determine whether the prosecutor was qualified.
Question 15
Generational Questions
- As previously discussed, there are generational differences in how senior attorneys and new attorneys' practice law.
- These questions are here to continue that discussion
Generational Questions
Generational 1
A court adopts a standing order requiring all briefs to be filed only in a new e-filing portal, with no paper option. A senior attorney moves for relief, citing “access to justice” concerns for older lawyers and rural practitioners. The best framing is:
A. Age discrimination under Title VII B. Disability discrimination under the ADA, as to lawyers C. Procedural due process and reasonable access to the courts, seeking a discretionary accommodation D. Equal protection strict scrutiny for age classifications
Generational 1
Generational Questions
Generational 2
A junior associate uses a generative AI tool to draft a motion, then files it after a “spot check,” without reading every citation. The partner did not supervise the process. The most accurate ethics issue is:
A. None, because AI is a research tool like Westlaw B. Only confidentiality, not competence C. Competence and supervision, with a duty to verify accuracy before filing D. Unauthorized practice of law by the AI vendor
Generational 2
Generational Questions
Generational 3
A prosecutor (older) and a public defender (younger) disagree about recording witness interviews. The prosecutor refuses, citing tradition. The defender insists. The most lawyer-proof way to analyze this dispute is:
A. The Sixth Amendment requires recording in all felony cases B. The Rules of Professional Conduct require recording in all cases C. It is primarily a policy/office practice question unless local law, discovery rules, or court orders require it D. Recording is unethical because it chills witness cooperation
Generational 3
Generational Questions
Generational 4
A judge receives ex parte emails from self-represented litigants who assume email is acceptable. The judge’s clerk prints them and puts them in the file. The best answer is:
A. Treat as harmless because it is common now B. Reply to educate the litigant and keep the email chain C. Do not engage on the merits, ensure notice to all parties, and address the communication on the record D. Forward to the opposing counsel with a recommendation
Generational 4
Generational Questions
Generational 5
An older transactional lawyer insists that a wet-ink signature is required for a commercial lease. A younger lawyer says DocuSign is sufficient. Which is most accurate?
A. Wet-ink is always required for real estate documents B. Electronic signatures are never valid for leases C. Validity depends on applicable e-signature statutes, the document type, and any recording requirements D. Electronic signatures are valid only if notarized in person
Generational 5
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Transcript
Are You Smarter than a High Schooler – Let’s Play a Game of Trivia and Find Out
KYC • Civics • Old Bar Exam • New Bar Exam • MPRE • Generational
American Inns of Court
The mission of the American Inns of Court is to foster excellence in professionalism, ethics, civility and legal skills.
Know Your Constitution
Know Your Constitution involves a multiple-choice quiz and a short essay for students in grades 9-12 on the U.S. Constitution. Winning entries are selected from each of Iowa’s 100 legislative districts. The purpose of this program is to encourage interest and foster pride in the federal Constitution, the foundation of our democracy, rooted in the rule of law.
KYC 1
The U.S. Constitution has as its most significant purposes is:
a. Conferring power on national and State governments b. Conferring power to the national government and limiting the power of national and State governments c. Limiting the power of the national and State government d. Conferring power to the national government and restricting the power of the national and State governments and private individuals
KYC 1
KYC 2
The Ninth Amendment to the U.S. Constitution...
a. Repeals the Seventh Amendment. b. Imposes a specific limitation on the power of the states to intrude into matters of privacy. c. Guarantees that states shall have powers not delegated to the Federal Government. d. Provides that the specification of rights in the first eight amendments isn't meant to be exhaustive.
KYC 2
KYC 3
Which of the following statements is correct concerning the Supreme Court review?
a. The Supreme Court has original and exclusive jurisdiction for all suits between state governments b. All court cases that come before the U.S. Supreme Court from the U.S. Court of Appeals must be heard c. The Supreme Court is obligated and must hear appeals resulting from a three-judge federal District Court decision d. All cases that come to the U.S. Court of Appeals to the Supreme Court writ of certiorari
KYC 3
KYC 4
Which clause gives Congress the power to make laws “necessary and proper”?
a. Supremacy Clause b. Commerce Clause c. Elastic Clause d. Equal Protection Clause
KYC 4
KYC 5
What does the Double Jeopardy clause do?
a. Prevents being charged twice with the same crime b. Prevents being convicted twice for the same crime c. Prevents the same crime charged across state lines d. Prevents the same crime charged in Federal and state court
KYC 5
Starting in the 2026-27 academic year, Iowa high school students must pass a civics test based on the U.S. Citizenship and Immigration Services (USCIS) naturalization exam to graduate. Students need to score at least 60% on the multiple-choice test, but they may retake it as many times as necessary.
Starting in the 2026-27 academic year, Iowa high school students must pass a civics test based on the U.S. Citizenship and Immigration Services (USCIS) naturalization exam to graduate. Students need to score at least 60% on the multiple-choice test, but they may retake it as many times as necessary.
Civics Test Questions
Civics Test Questions
Civics Advanced 1
“We the People” is best understood as expressing which constitutional theory of authority?
A. Divine right of kings B. Parliamentary sovereignty C. Popular sovereignty, exercised through a written constitution D. Judicial supremacy
Civics Advanced 1
Civics Test Questions
Civics Advanced 2
Which statement most accurately describes the Constitution’s status as “supreme law of the land”?
A. It is supreme over state law only when Congress expressly preempts B. It is persuasive authority unless incorporated by state constitutions C. It binds state judges notwithstanding contrary state law, under the Supremacy Clause D. It applies only to federal officers and agencies
Civics Advanced 2
Civics Test Questions
Civics Advanced 3
The President “is in charge of the executive branch” primarily because the Constitution vests in the President:
A. The power to appoint all federal judges B. The power to legislate by executive order C. The executive power and the duty to take care that the laws be faithfully executed D. The power to dissolve Congress
Civics Advanced 3
Civics Test Questions
Civics Advanced 4
Life tenure for Article III judges is chiefly designed to protect:
A. Legislative control of the judiciary B. Rapid doctrinal responsiveness to elections C. Decisional independence by insulating judges from political retaliation D. State sovereignty over federal adjudication
Civics Advanced 4
Civics Test Questions
Civics Advanced 5
A state’s number of U.S. House seats is determined by:
A. Equal representation by state, as in the Senate B. The number of counties in the state C. Apportionment based on population measured by the decennial census D. The state legislature’s designation of districts
Civics Advanced 5
Old Bar Exam -- MBE
The Multistate Bar Examination (MBE) is a six-hour, 200-question multiple-choice examination.The MBE, MEE, and MPT will be administered during the February 2028 bar exam and replaced in July 2028 by the NextGen Uniform Bar Exam. Iowa will administer the NextGen bar exam in July 2027.
Old Bar Exam
Question 2
A man sued a railroad for personal injuries suffered when his car was struck by a train at an unguarded crossing. A major issue is whether the train sounded its whistle before arriving at the crossing. The railroad offers testimony of a resident who has lived near the crossing for 15 years. Although she was not present on the occasion in question, she will testify that, whenever she is home, the train always sounds its whistle before arriving at the crossing. Is the resident’s testimony admissible?
A. No, due to the resident’s lack of personal knowledge regarding the incident in question. B. No, because habit evidence is limited to the conduct of persons, not businesses. C. Yes, as evidence of a routine practice. D. Yes, as a summary of her present sense impressions.
Question 2
Old Bar Exam
Question 10
A 50-year-old nurse who had been fired from his job at a hospital told his attorney, “I was fired because of my age, and I want to sue the hospital.” Based on this information, the attorney filed an age discrimination complaint against the hospital in federal court. As it turned out, the hospital had hired a 52-year-old man as the nurse’s replacement, a fact that rendered an age discrimination claim unavailable. The hospital responded by filing a motion for sanctions against the nurse’s attorney. Is the court likely to grant the hospital’s motion?
A. No, because sanctions are not proper against the attorney of a represented party. B. No, because the hospital failed to give the attorney the chance to withdraw the complaint in advance of filing the motion with the court. C. Yes, because the nurse’s attorney failed to conduct a reasonable pre-filing inquiry. D. Yes, because the nurse’s complaint contained legal contentions that were not warranted by existing law based on the facts in this case.
Question 10
Old Bar Exam
Question 11
A daughter was appointed guardian of her elderly father following an adjudication of his mental incompetence. The father had experienced periods of dementia during which he did not fully understand what he was doing. The father later contracted to purchase an automobile at a fair price from a seller who was unaware of the guardianship. At the time of the purchase, the father was lucid and fully understood the nature and purpose of the transaction. What is the legal status of the transaction?
A. The contract is enforceable, because a reasonable person in the situation of the seller would have thought that the father had the capacity to make the contract. B. The contract is enforceable, because it was made on fair terms and the seller had no knowledge of the father’s guardianship. C. The contract is void, because the father was under guardianship at the time it was made. D. The contract is voidable at the option of the father.
Question 11
Old Bar Exam
Question 14
A defendant was prosecuted for mail fraud. At trial, the defendant moved to have all witnesses excluded from the courtroom, and the court granted the motion. The government named the investigating FBI agent as its designated representative. Upon learning that the agent would be giving testimony during the trial, the defendant moved that the agent also be excluded from the courtroom. Should the defendant’s motion be granted?
A. No, provided that the government can show that the agent’s presence is essential to the presentation of its case. B. No, because the government has a right to have its designated representative remain in the courtroom throughout the trial. C. Yes, because the agent’s testimony might be influenced by the testimony of other witnesses. D. Yes, because the defendant has a right to exclude all persons who may be called as government witnesses.
Question 14
Old Bar Exam
Question 17
An attempt was made to hijack a commercial airliner while it was in flight from San Francisco to New Orleans. Within minutes, the hijacker was seized, and the plane proceeded to its destination. Upon arrival, television stations broadcast pictures of the passengers as they disembarked. Among the passengers pictured was a businessman who was supposed to be in Chicago on company business. The disclosure that the businessman was in New Orleans (and not Chicago) resulted in the loss of his position and great humiliation and embarrassment. If the businessman asserts a claim against the television stations for broadcasting his picture as he disembarked, is he likely to prevail?
A. Yes, because the businessman’s location was revealed against his wishes. B. Yes, because publication of the television pictures caused the businessman pecuniary loss. C. No, because the humiliation and embarrassment did not result in physical harm to the businessman. D. No, because the scene shown on television was newsworthy.
Question 17
New Bar Exam
New Bar Exam
Multiple-Choice Question 2
Your client owns a carpet cleaning company. The company contracted to clean carpets throughout a ten-story building for $15,000, with payment due in 30 days. Before payment was due, the customer sent a $12,000 check with a note stating that several carpets still had stains (with pictures). The note also said that if your client cashes the check, the remainder of the debt will be discharged. Your client asks whether the company can cash the check without relinquishing its right to recover the remainder of the debt. Which search term(s) would be most likely to produce resources answering the question? (Select one.)
A. Accord and satisfaction. B. Consideration. C. Novation. D. Offer and acceptance.
Multiple-Choice Question 2
New Bar Exam
Multiple-Choice Question 4
Your client (a bank) purchased a mortgage and promissory note from a credit union that had lent a borrower money to finance a home purchase. The borrower stopped making payments, and the bank initiated foreclosure. Another lender claims it has a prior mortgage on the same land and should be paid first from foreclosure proceeds. Which legal topic is most likely to affect whether your client collects before the other lender? (Select one.)
A. Covenants of title. B. Deficiency statutes. C. Recording statutes. D. Statute of frauds.
Multiple-Choice Question 4
New Bar Exam
Multiple-Choice Question 5
A construction worker sued an insulation manufacturer in federal court, claiming a chronic health condition after 20 years of exposure to the manufacturer’s insulation. The manufacturer denied liability and said it never supplied insulation to the worker’s employer. After the worker’s attorney deposed the manufacturer’s president and the manufacturer’s attorney deposed the worker, the manufacturer moved for summary judgment on the ground that the worker had no evidence showing the insulation was ever used by the worker’s employer. What is the worker’s best response? (Select one.)
A. Argue that more time is needed for additional discovery to show liability, and attach a declaration describing the desired discovery. B. Argue the motion should be denied because the manufacturer’s credibility is central, and only a jury can decide credibility. C. Argue the motion should be denied because the manufacturer failed to attach evidence showing the insulation was not used. D. Cross-move for summary judgment arguing the manufacturer introduced no evidence that its insulation did not harm the worker.
Multiple-Choice Question 5
New Bar Exam
Multiple-Choice Question 6
Select two. (Partial credit available.)
You represent a client in a dispute with a neighbor. The client owns a single-family home with several acres of land. The neighbor built a fence that extends onto the client’s land. The client is unsure when the fence was built because that area is obscured by trees. A recent survey confirms the encroachment. Which legal topics are most important to research before advising the client? (Select two.)
A. Adverse possession. B. Conversion. C. Implied easement. D. License. E. Negligence. F. Trespass.
Multiple-Choice Question 6
New Bar Exam
Multiple-Choice Question 7
Select two. (Partial credit available.)
Your client (a state college) hired a tennis coach at $60,000 per year. The parties orally agreed on a start date but did not discuss contract duration. Seven months later, the college wants to fire the coach without a hearing due to budget cuts. Which legal topics are most important to research before advising the client? (Select two.)
A. Employment at will. B. Parol evidence. C. Procedural due process. D. Substantial performance. E. Substantive due process. F. Takings clause.
Multiple-Choice Question 7
MPRE
MPRE
Question 2
A state prosecutor was assigned to a murder case in which the defendant had confessed. In the same confession, the defendant also confessed to many other crimes, including a murder in another jurisdiction. The prosecutor investigated and found corroboration, and knew it was reasonably likely that an individual already convicted of that other murder was innocent. The prosecutor did not tell anyone about the confession to the other murder. Was the prosecutor’s conduct proper?
A. No, because the prosecutor failed to promptly disclose the information regarding the confession to a court or the chief prosecutor in the other jurisdiction. B. No, because the prosecutor failed to investigate to determine whether the convicted individual was innocent. C. Yes, because the confession was information relating to the prosecutor’s representation of the state. D. Yes, because the prosecution of the other individual was final.
Question 2
MPRE
Question 9
A man asked an attorney to represent him pro bono in an appeal from the denial of unemployment benefits. The attorney agreed but missed the filing deadline. After discovering the error, the attorney met with the man and proposed settling a potential malpractice claim: the attorney would pay the man an amount equal to the benefits he would have received, and the man would waive any malpractice claim. The settlement was in writing and advised the man to seek independent counsel and that he could take as long as needed. The man signed the next week without consulting counsel, and the attorney paid him. Is the attorney subject to discipline?
A. Yes, because the attorney made an agreement to waive a potential malpractice claim. B. Yes, because the man did not consult independent counsel before agreeing. C. No, because the attorney advised the man in writing to seek independent legal counsel before agreeing. D. No, because the attorney agreed to fully compensate the man for his losses.
Question 9
MPRE
Question 10
An attorney represented a client in a breach of contract action against the client’s former business partner. During the representation, the client gave the attorney incontrovertible proof that the former partner had committed perjury in unrelated litigation years earlier, which had been resolved in the former partner’s favor. Neither the client nor the attorney had been involved in the prior litigation. The attorney believed disclosure would harm the client’s interests, so the attorney did not disclose the former partner’s prior perjury to the court. Was the attorney’s conduct proper?
A. Yes, because the attorney believed disclosure would be detrimental to the client’s best interests. B. Yes, because neither the client nor the attorney was involved in the prior litigation. C. No, because the attorney possessed knowledge that the former partner had perpetrated a fraud on a tribunal. D. No, because the information regarding the prior perjury was not privileged.
Question 10
MPRE
Question 13
A state attorney general notified a privately held health-care corporation that it was under investigation for Medicaid billing fraud. The corporation retained an attorney to investigate, advise, and (if needed) defend the corporation. The attorney interviewed an employee who said the corporation routinely inflated bills at the direction of the president, and that the fraud was ongoing. The attorney reviewed records and confirmed the statement was truthful. The attorney reported this to the corporation’s general counsel and board. A week later, the general counsel said the board declined to take action. The attorney knew the fraud would continue and was reasonably certain to cause substantial injury to the corporation. Without obtaining the employee’s informed consent, the attorney disclosed the information to the attorney general. Is the attorney subject to discipline?
A. Yes, because the attorney did not obtain the employee’s informed consent. B. Yes, because the attorney was retained to investigate and defend litigation arising from alleged violations of law. C. No, because the attorney first reported to the board and only reported to the attorney general when the board refused to act. D. No, because the information pertained to violations of law that were reasonably certain to result in substantial injury to the corporation.
Question 13
MPRE
Question 15
A prosecutor who graduated from law school two years earlier became a candidate to serve as a judge on a state trial court in a nonpartisan election. A newspaper reporter interviewed a prominent local attorney for his impressions of each candidate. Without investigating the candidates’ backgrounds, the attorney said about the prosecutor: “It takes many years of experience to develop the wisdom necessary to serve as a judge. Given that he has only been in practice for two years, I do not believe this prosecutor is ready to become a judge.” Is the attorney subject to discipline?
A. No, because the attorney expressed an honest and candid opinion concerning the professional fitness of a candidate for judicial office. B. No, because the First Amendment immunizes lawyers from discipline for making statements impugning the integrity of judges. C. Yes, because the attorney publicly criticized the qualifications of a candidate for judicial office. D. Yes, because the attorney did not conduct a reasonable investigation to determine whether the prosecutor was qualified.
Question 15
Generational Questions
Generational Questions
Generational 1
A court adopts a standing order requiring all briefs to be filed only in a new e-filing portal, with no paper option. A senior attorney moves for relief, citing “access to justice” concerns for older lawyers and rural practitioners. The best framing is:
A. Age discrimination under Title VII B. Disability discrimination under the ADA, as to lawyers C. Procedural due process and reasonable access to the courts, seeking a discretionary accommodation D. Equal protection strict scrutiny for age classifications
Generational 1
Generational Questions
Generational 2
A junior associate uses a generative AI tool to draft a motion, then files it after a “spot check,” without reading every citation. The partner did not supervise the process. The most accurate ethics issue is:
A. None, because AI is a research tool like Westlaw B. Only confidentiality, not competence C. Competence and supervision, with a duty to verify accuracy before filing D. Unauthorized practice of law by the AI vendor
Generational 2
Generational Questions
Generational 3
A prosecutor (older) and a public defender (younger) disagree about recording witness interviews. The prosecutor refuses, citing tradition. The defender insists. The most lawyer-proof way to analyze this dispute is:
A. The Sixth Amendment requires recording in all felony cases B. The Rules of Professional Conduct require recording in all cases C. It is primarily a policy/office practice question unless local law, discovery rules, or court orders require it D. Recording is unethical because it chills witness cooperation
Generational 3
Generational Questions
Generational 4
A judge receives ex parte emails from self-represented litigants who assume email is acceptable. The judge’s clerk prints them and puts them in the file. The best answer is:
A. Treat as harmless because it is common now B. Reply to educate the litigant and keep the email chain C. Do not engage on the merits, ensure notice to all parties, and address the communication on the record D. Forward to the opposing counsel with a recommendation
Generational 4
Generational Questions
Generational 5
An older transactional lawyer insists that a wet-ink signature is required for a commercial lease. A younger lawyer says DocuSign is sufficient. Which is most accurate?
A. Wet-ink is always required for real estate documents B. Electronic signatures are never valid for leases C. Validity depends on applicable e-signature statutes, the document type, and any recording requirements D. Electronic signatures are valid only if notarized in person
Generational 5