California Baby Bar Exam Sample Questions & Answers

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Reviewed by:

David Merson

Former Head of Pre-Law Office, Northeastern University, & Admissions Officer, Brown University

Reviewed: 08/17/23

Are you preparing to take the California baby bar exam? If so, keep reading to learn about some California baby bar exam sample questions.

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Taking on the baby bar exam, also known as the First-Year Law Students’ Examination (FYLSE), can feel overwhelming. There’s quite a bit to study, and a lot riding on it. Fortunately, there are tried and true ways to ace the baby bar exam!

While you’re studying, it’s beneficial to run through practice questions and answers. They help organize your knowledge and give you a boost of confidence. The following baby bar exam practice questions will help set you up for success.

Baby Bar Exam Practice Questions

The California baby bar is divided into three sections - contract law, torts, and criminal law. The goal is to demonstrate a thorough knowledge of these fundamental components of the legal system. Keep reading to explore potential questions that you could encounter in each section. 

Contract Law

The following questions concerning contract law are a good place to start. Let's go! 

Question 1 

For her birthday, Sarah's sister Emma sent her a gift certificate to a winery for a special tasting of some of Sarah’s favourite wines and cheeses. Sarah's purchase of the tasting was made by Emma, who also informed the winery that Sarah would be getting in touch with them to schedule an appointment for the day and time of her choosing.

The food and wine that were supposed to be a part of the wine and cheese sampling were not available at the winery on the day that Sarah arrived for her planned tasting.

Can Sarah win her lawsuit against the winery for breach of contract?

1. No, because Emma, not Sarah, entered into the contract with the winery.
2. No, unless Sarah could show that she detrimentally relied on the contract.
3. Yes, if the winery was not able to substitute an ingredient of similar value.
4. Yes, as an intended third-party beneficiary.

Answer: The correct response is D. The contract would make Sarah an intended third-party beneficiary, entitling her to sue. The following are the considerations one looks at to ascertain whether a third party is intended:

1. Is the third-party beneficiary expressly designated in the contract?
2. Is performance directly to the third-party beneficiary?
3. Does the third-party beneficiary have any rights under the contract?
4. What is the relationship between the third-party beneficiary and the promisee?

Here, Sarah is expressly designated in the contract. She has rights under the contract (i.e., she can pick when she goes to the winery). And the relationship between her and Emma is that they are sisters. 

Because she is an intended third-party beneficiary, the next question is whether her rights have been vested. Her rights can vest if she (a) assents to the contract, (b) relies on it, or (c) sues. Here, she assented to the contract by going to the winery.

A. is incorrect. Sarah is a beneficiary through a third party and therefore is still eligible to file a lawsuit even though Emma is. The third-party beneficiary doctrine increases the number of parties who may file claims.

B. is incorrect. There is no requirement for Sarah to provide a theory of detrimental reliance. She could prevail under a third-party beneficiary theory as noted above.

C. is incorrect. Sarah can still file a lawsuit for a minor violation even if the winery was able to replace the ingredient with one of comparable value. It wouldn't prevent Sarah from winning a case, though. It would only have an impact on how many damages she could get back.

Question 2 

Describe the parol evidence rule in general terms.

Answer: A party is not permitted to include a provision from early discussions (or a current oral provision) in the final (integrated) written agreement.

Question 3 

A contract is ____.

1. A legally binding document
2. A mutual understanding between two parties 
3. A verbal understanding between any party 
4. A written agreement between two or more parties

Answer: A is the correct answer. A contract is a legally enforceable agreement between two or more parties. 

Congrats! You’ve completed the first section. Let’s move onto questions regarding criminal law.

Criminal Law Questions
The next section delves into the area of criminal law, which differs quite a bit from contract law. Remember to take your time!

Question 4 

Define voluntary and involuntary manslaughter.

Answer: An individual must be intentionally killed without premeditation in the heat of emotion as a result of sufficient provocation for voluntary manslaughter to occur. 

According to majority and minority laws, involuntary manslaughter is defined as the death of another person while acting carelessly or blatantly negligently, as well as when committing a misdemeanor or felony that does not meet the criteria for felony murder.

Question 5

What constitutes an assault?

Answer: When a victim has a reasonable fear of being subjected to harmful or offensive contact, that act is an assault.

Question 6

What constitutes a battery?

Answer: When someone intentionally causes harmful or objectionable touch with the victim, this is known as a battery.

These criminal law questions are a good place to start in your studies. Keep reading to learn more.  

Torts Questions

You’re almost there! The following questions will help equip you for the Torts section of the baby bar exam. 

Question 7 

What is an invitee? What standard of care is an invitee entitled to?

Answer: An invitee is someone who enters a property with the intent to grant an economic benefit or someone who enters property that is accessible to the general public.

Question 8

Which of the following legal resources played the most significant role in the development of tort law?

1. The common law
2. Statute law
3. European human rights law
4. International treaties

Answer: A is the correct response. Common law has played a major role in the development of tort law, and is the reason tort law is typically very ‘case heavy’.

Question 9

Which of the following factors is least likely to deter a potential claimant from filing a lawsuit in a tort case?

5. The fact that he cannot obtain legal aid for his claim.
6. The fact that the defendant has insurance concerning the loss which occurred.
7. The potentially extended timescale for obtaining any compensation.
8. The uncertainty of the tort process.

Answer: B is the correct answer. Many tort claims are concerning motor vehicle accidents or accidents at work. In these cases, defendants commonly have liability insurance.