California Bar Exam Practice Questions

California Bar Exam Practice Questions And Correct Answers (Verified Answers) Plus Rationales 2026 Q&A | Instant Download Pdf

• A store owner accidentally spills oil on the floor of her store. A customer

slips on the oil and is injured. Which of the following best describes the store owner's liability?

• Strict liability
• Negligence
• Breach of contract
• Res ipsa loquitur

Rationale: The store owner owes a duty of care to customers. Spilling oil

and causing injury falls under negligence, as the owner failed to exercise reasonable care.

• / 4

2. Under the California Constitution, the right to privacy:

• Only exists in criminal cases
• Applies broadly, including personal information and family matters
• Is limited to government searches
• Does not exist

Rationale: California recognizes a broad right to privacy that extends

beyond criminal law, protecting personal and family matters.

3. In a California criminal trial, the prosecution must prove guilt:

• By a preponderance of the evidence
• By clear and convincing evidence
• Beyond a reasonable doubt
• By probable cause

Rationale: Criminal convictions in California require proof beyond a

reasonable doubt, the highest standard of proof.

4. A testator who signs a will but does not have witnesses:

• Creates a valid holographic will
• Creates a valid formal will
• Creates an invalid will
• Creates a valid will if notarized 2 / 4

Rationale: California requires formal wills to be witnessed. A will without

witnesses is generally invalid unless it is a handwritten holographic will.

• Under California property law, which of the following is considered a

fixture?

• A built-in bookcase
• A rug
• A freestanding lamp
• A painting on the wall

Rationale: A fixture is personal property that has been attached to real

property in a way that indicates it is meant to be permanent.

• Which of the following contracts is unenforceable under the Statute of

Frauds in California?

• Lease for 6 months
• Sale of land
• Employment contract for 1 year
• Contract to sell personal property under $500

Rationale: Contracts for the sale of land must be in writing under the

Statute of Frauds.

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• In California, which of the following is considered community property?
• Inheritance received by one spouse
• Income earned by a spouse during marriage
• Gifts from third parties to one spouse
• Property acquired before marriage

Rationale: California follows community property rules, where income

earned during marriage is jointly owned.

• Which of the following is a necessary element for a claim of intentional

infliction of emotional distress?

• Extreme and outrageous conduct
• Minor annoyance
• Property damage
• Negligent behavior

Rationale: Intentional infliction of emotional distress requires conduct that

is extreme and outrageous, causing severe emotional harm.

• Under California criminal law, voluntary manslaughter differs from

murder primarily due to:

• Heat of passion
• Lack of intent
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