Bar Examination Sample Questions

Sample Essay Questions

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Sample Multiple Choice Questions

FEDERAL JURISDICTION & VENUE

1. Plaintiff, a Cuban citizen residing in the Dominican Republic, filed suit in the U.S. District Court for the Southern District of Florida against the Republic of Cuba, alleging that Cuban government agents operating in Miami were responsible for the assassination of his brother, causing him damages in excess of $75,000, exclusive of costs and interest. The complaint is premised solely on the existence of diversity jurisdiction, and seeks damages as provided under Florida law. The Court:
   1. Must dismiss the complaint because a foreign state can never be sued in federal court.
   2. Must dismiss the complaint because the Court’s diversity jurisdiction does not encompass suits between an alien and a foreign state.
   3. Must not dismiss the complaint because an alien is considered a citizen of the United States for purposes of diversity jurisdiction, regardless of where he resides.
   4. Must not dismiss the complaint because the case falls within the Court’s diversity jurisdiction.

   Answer: (b)
   Source: 28 U.S.C. §1332(a)

2. Plaintiff, a citizen of the state of Wisconsin, sues defendant, a citizen of the state of New York, in the U.S. District Court for the District of Puerto Rico, alleging that defendant caused him damages in excess of $75,000.00, exclusive of costs and interest, as a result of certain business deals within the district. Defendant moves to dismiss for lack of subject matter jurisdiction. The Court:
   1. Must grant the motion because the jurisdictional amount is not met.
   2. Must deny the motion because the Court has diversity jurisdiction.
   3. Must grant the motion because none of the parties is a citizen of Puerto Rico.
   4. Must deny the motion because the Court has elective jurisdiction.

   Answer: (b)
   Source: 28 U.S.C. §1372

FEDERAL EVIDENCE

3. In a jury trial, when the court has made a ruling excluding evidence, an offer of proof by the affected party:
   1. Should always be made in the presence of the jury, in civil cases.
   2. Should be heard by the court in the absence of the jury if, in its discretion, the court determines that this is necessary so as to prevent inadmissible evidence from being suggested to the jury by the offer of proof and arguments anent same.
   3. Must always be reserved for the end of the trial, but before the jury retires to deliberate.
   4. May never be made in the presence of the jury, in criminal cases.

   Answer: (b)
   Source: Rule 103(c) of the Federal Rules of Evidence

4. An Assistant United States Attorney is presenting evidence before a federal grand jury with the intent of indicting a putative felon. Since the statute of limitations would run out on the day of the presentation, the Assistant United States Attorney asks the agent to summarize the scope of his investigation. The agent then proceeds to introduce all the hearsay evidence known to him about the investigation. The agent is the sole witness before the grand jury. After an indictment is returned, and during the discovery phase, you learn about the manner used by the prosecutor to seek the indictment. Do you have any recourse?
   1. No, the Federal Rules of Evidence, other than with respect to privileges, are inapplicable in grand jury proceedings.
   2. Yes, the Federal Rules of Evidence are applicable to matters occurring before the grand jury; this constitutes a clear due process violation.
   3. No, the Federal Rules of Evidence, without exception, are all inapplicable in grand jury proceedings.
   4. Yes, the Federal Rules of Evidence are applicable to grand jury proceedings but due to their nature, privileged matters can be presented with hearsay.

   Answer: (a)
   Source: Rule 1101(b)(2) of the Federal Rules of Evidence

FEDERAL CIVIL PROCEDURE

5. A civil action governed by the Federal Rules of Civil Procedure before the United States District Court commences
   1. after the extrajudicial notice and demand required by the Federal Rules of Civil Procedure in order to first attempt to resolve the controversy without appearing before the United States District Court.
   2. with the filing of a complaint before the United States District Court.
   3. upon service of summons on at least one of the defendants.
   4. at different times depending on the form of action that is filed.

   Answer: (b)
   Source: Rules 2 and 3 of the Federal Rules of Civil Procedure

6. An action over which the district court lacks subject matter jurisdiction may be dismissed by court order:
   1. Only upon motion by a party requesting an order of dismissal.
   2. Only if the party against whom the order is requested has refused to amend its subject matter allegations.
   3. Only if the issue of lack of subject matter jurisdiction was timely raised in a responsive pleading.
   4. At any time that the district court determines that it lacks subject matter jurisdiction.

   Answer: (d)
   Source: Rule 12(h)(3) of the Federal Rules of Civil Procedure

LOCAL RULES

7. Which alternative best describes the rule that applies to communication with jurors?
   1. Except under the supervision of the Court, before the jury has been discharged attorneys involved in a particular case may not interview or interrogate any juror with respect to the action heard by the juror. This prohibition does not apply after the jury has been discharged.
   2. Except under the supervision of the Court, attorneys involved in a particular case may not interview or interrogate any juror with respect to the action heard by the juror. This prohibition applies even after the jury has been discharged.
   3. After the jury has been discharged, attorneys involved in a particular case may interview or interrogate any juror with respect to the action heard by the juror provided that attorneys for all parties are present.
   4. Attorneys involved in a particular case may never interview or interrogate any juror with respect to the action heard by the juror.

   Answer: (b)
   Source: Local Civil Rule 47(c)

8. Which of the following statements is incorrect?
   1. Mediation is a non-binding process whereby parties and counsel meet with a neutral mediator trained to assist them in settling disputes.
   2. All civil cases arising under the jurisdiction of this Court are eligible for mediation.
   3. A case may be selected for mediation only by the stipulation of all parties to a case.
   4. The mediator’s fee will be borne equally by the parties unless directed otherwise by the Court.

   Answer: (c)
   Source: Local Civil Rule 83J (a), (b), (c)(5)

FEDERAL CRIMINAL PROCEDURE

9. A Federal Grand Jury:
   1. May be empanelled to serve for not more than twelve (12) months.
   2. Must have 16 to 23 members.
   3. Must have more than 12 members concur to indict.
   4. May not have more than 24 members, that is, one (1) foreperson and 23 members.

   Answer: (b)
   Source: Rule 6(g) of the Federal Rules of Criminal Procedure

10. In accepting a plea of guilty, the court need not inform the defendant of the following:
    1. The fact that other codefendants have entered pleas of guilty or not guilty, as the case may be.
    2. The right to plead not guilty, or having already plead, to persist in that plea.
    3. The nature of each charge to which the defendant is pleading guilty.
    4. That his plea must be voluntary.

    Answer: (a)
    Source: Rules 11(b)(1) and (2) of the Federal Rules of Criminal Procedure

FEDERAL APPELLATE PROCEDURE

11. A party petitioning for a writ of mandamus:
    1. Must provide a copy to the trial court judge.
    2. May provide a copy to the trial court judge, only upon leave of the court of appeals.
    3. May provide a copy to the trial court judge, only upon consent of all parties.
    4. May never provide a copy to the trial judge.

    Answer: (a)
    Source: Rule 21(a) of the Federal Rules of Appellate Procedure

BANKRUPTCY

12. What is a discharge in a Chapter 7 (Liquidation) bankruptcy?
    1. bankruptcy discharge releases the debtor from personal liability for all types of debts.
    2. The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts.
    3. The discharge enjoins actions by secured creditors to collect a debt upon specific property given as collateral.
    4. The discharge is effective upon the filing of a bankruptcy petition.

    Answer: (b)
    Source: 11 U.S.C. §727

ETHICS

13. Contingent fees are permissible:
    1. Only in civil cases.
    2. In civil and criminal cases, as long a written contract signed by all parties clearly specifies the contingent fee arrangement.
    3. In criminal cases, as long the Court approves the same.
    4. In civil and criminal cases, except for those in an appeal procedure.

    Answer: (a)
    Source: Rule 1.5(d) of the Model Rules of Professional Conduct: Fees