California Bar Exam

Under California Civil Code §1714(a), a property owner's duty of care to persons entering the property is determined by which standard?

• AThe common-law tripartite classification of invitee, licensee, and trespasser
• BA single standard of ordinary care to all persons, regardless of their status on the prop…
• CStrict liability for any injury occurring on the premises
• DA heightened duty of care only when the owner has actual knowledge of a dangerous conditi…

In California, pure comparative fault applies to negligence actions. If a plaintiff is found 80% at fault and the defendant 20% at fault, and the plaintiff's total damages are $100,000, what amount can the plaintiff recover?

• ANothing, because the plaintiff's fault exceeds 50%
• B$20,000
• C$80,000
• D$100,000, because California does not reduce damages for plaintiff's fault

Under California Civil Code §3294, a plaintiff seeking punitive damages must prove the defendant acted with which of the following?

• ASimple negligence or carelessness
• BGross negligence alone
• COppression, fraud, or malice, by clear and convincing evidence
• DIntentional conduct, beyond a reasonable doubt

California's privette doctrine, as established in Privette v. Superior Court (1993), limits a hiring party's liability for injuries to an independent contractor's employees. Which of the following best states the rule?

• AA hiring party is strictly liable for all injuries to workers performing contracted work
• BA hiring party is generally not liable for injuries to an independent contractor's employ…
• CA hiring party is liable only if it exercised direct control over safety conditions at th…
• DA hiring party is always liable under respondeat superior for independent contractor inju…

Under California's dog bite statute, Civil Code §3342, an owner is liable when their dog bites a person. Which standard of liability applies?

• ANegligence — the owner must have known the dog was dangerous
• BStrict liability — the owner is liable regardless of the dog's prior behavior
• CLiability only if the dog had previously bitten someone (one-bite rule)
• DThe owner is liable only if the dog was not on a leash at the time

Under California's medical malpractice damages cap (MICRA, Code of Civil Procedure §3333.2, as amended by AB 35 effective 2023), what is the current cap on noneconomic damages in wrongful death medical malpractice cases?

• A$250,000 with no adjustment
• B$500,000, increasing annually by $50,000 until 2033
• C$350,000 with no adjustment
• DThere is no cap on noneconomic damages in California

California applies the 'substantial factor' test for causation in tort cases. Under CACI 430, a plaintiff must show the defendant's conduct was a substantial factor in causing harm. How does this differ from the traditional 'but-for' test?

• AThere is no difference; California uses the but-for test exclusively
• BThe substantial factor test is easier for plaintiffs because it allows recovery even when…
• CThe substantial factor test requires a higher burden of proof than but-for causation
• DThe substantial factor test applies only to strict liability claims

In California, the attractive nuisance doctrine has been replaced by which approach to trespassing children?

• AChildren are treated identically to adult trespassers under California law
• BThe Rowland v. Christian general duty of care analysis applies, considering foreseeabilit…
• CCalifornia applies a strict liability standard for any injury to a child on another's pro…
• DCalifornia follows the Restatement (Second) attractive nuisance doctrine without modifica…

Under California Civil Code §1431.2 (Proposition 51), how is liability for noneconomic damages allocated among multiple tortfeasors?

• AJoint and several liability for all damages, including noneconomic damages
• BEach defendant is liable only for the percentage of noneconomic damages equal to that def…
• CThe defendant with the deepest pockets is liable for all noneconomic damages
• DNoneconomic damages are split equally among all defendants regardless of fault

Under California Government Code §815, a public entity in California is NOT liable for injury unless liability is imposed by what?

• ACommon-law tort principles
• BA specific statute
• CThe California Constitution alone
• DThe discretion of the trial court

California Health & Safety Code §1799.102 provides 'Good Samaritan' immunity. Which of the following is true about this protection?

• AIt applies only to licensed medical professionals
• BIt provides immunity from civil damages for emergency care at the scene of an emergency,…
• CIt provides absolute immunity from all liability including intentional misconduct
• DIt applies only if the rescuer has completed a certified first-aid course

In a product liability action in California, strict liability applies under the test established in which landmark California case?

• APalsgraf v. Long Island Railroad Co.
• BGreenman v. Yuba Power Products, Inc.
• CMacPherson v. Buick Motor Co.
• DEscola v. Coca Cola Bottling Co.

California Civil Code §1708.7 creates a tort cause of action for stalking. To prevail, a plaintiff must prove a pattern of conduct the purpose of which was to do what?

• ADefame the plaintiff's character
• BFollow, alarm, or harass the plaintiff, causing reasonable fear for safety
• CInterfere with the plaintiff's business relationships
• DInvade the plaintiff's home or workplace

Under California's survival statute (Code of Civil Procedure §377.30) and wrongful death statute (CCP §377.60), which of the following is true?

• AOnly the wrongful death action survives the decedent's death; survival actions are not pe…
• BBoth actions may be brought, but the survival action recovers only pre-death damages whil…
• CThe survival action and wrongful death action are merged into a single claim
• DPunitive damages are recoverable in a wrongful death action

California Civil Code §47(b) provides an absolute privilege for communications made in judicial proceedings. This privilege, known as the litigation privilege, applies to which of the following?

• AOnly statements made by attorneys during trial
• BAny communication made in connection with a judicial proceeding, by litigants, witnesses,…
• COnly written pleadings filed with the court
• DOnly statements made under oath