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

A
B
C
D
to track
2026 Statistics

Key Facts: CA Bar Exam

1390/2000

Minimum Passing Score

State Bar of California

200

MBE Questions (Day 2)

State Bar of California

5 essays + 1 PT

Written Components (Day 1)

State Bar of California

~40–54%

First-Time Pass Rate

State Bar of California reports

$850

General Exam Fee

State Bar of California (2026)

200+

Practice Questions Here

OpenExamPrep question bank

The California Bar Exam requires a scaled passing score of 1390 out of 2000. Day 1 (written): 5 one-hour essay questions covering CA-specific and MBE subjects, plus one 90-minute Performance Test. Day 2 (MBE): 200 multiple-choice questions in two 3-hour sessions (100 questions each). California tests 13 subjects total — 7 MBE subjects plus Community Property, Business Associations, Professional Responsibility, Remedies, Trusts, and Wills. Community Property is a uniquely California subject heavily tested in essays. Pass rates range from ~40–54% for first-time takers.

Sample CA Bar Practice Questions

Try these sample questions to test your CA Bar exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 200+ question experience with AI tutoring.

1Under California Civil Code §1714(a), a property owner's duty of care to persons entering the property is determined by which standard?
A.The common-law tripartite classification of invitee, licensee, and trespasser
B.A single standard of ordinary care to all persons, regardless of their status on the property
C.Strict liability for any injury occurring on the premises
D.A heightened duty of care only when the owner has actual knowledge of a dangerous condition
Explanation: California abandoned the common-law tripartite classification in Rowland v. Christian (1968) 69 Cal.2d 108, codified in Civil Code §1714(a). California imposes a single duty of ordinary care on property owners toward all persons, regardless of whether they are invitees, licensees, or trespassers. This is a significant departure from the majority rule in most other states.
2In 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?
A.Nothing, 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
Explanation: California follows the pure comparative fault system established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Under pure comparative fault, a plaintiff may recover damages reduced by their percentage of fault, even if they are more at fault than the defendant. Thus, an 80%-at-fault plaintiff recovers 20% of total damages: $20,000. Many other states use modified comparative fault and would bar recovery entirely when plaintiff fault exceeds 50%.
3Under California Civil Code §3294, a plaintiff seeking punitive damages must prove the defendant acted with which of the following?
A.Simple negligence or carelessness
B.Gross negligence alone
C.Oppression, fraud, or malice, by clear and convincing evidence
D.Intentional conduct, beyond a reasonable doubt
Explanation: California Civil Code §3294(a) authorizes punitive damages where the defendant has been guilty of oppression, fraud, or malice. The plaintiff must prove this by clear and convincing evidence, not merely by a preponderance. Against a corporate employer, §3294(b) additionally requires that an officer, director, or managing agent authorized or ratified the wrongful conduct.
4California'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?
A.A hiring party is strictly liable for all injuries to workers performing contracted work
B.A hiring party is generally not liable for injuries to an independent contractor's employees arising from the risks inherent in the contracted work
C.A hiring party is liable only if it exercised direct control over safety conditions at the worksite
D.A hiring party is always liable under respondeat superior for independent contractor injuries
Explanation: Under California's Privette doctrine (Privette v. Superior Court (1993) 5 Cal.4th 689), a person who hires an independent contractor is generally not liable for on-the-job injuries to the contractor's employees that arise from risks inherent in the work. Exceptions apply when the hirer retains control over safety conditions and exercises that control in a manner that affirmatively contributes to the employee's injury (Hooker v. Department of Transportation (2002) 27 Cal.4th 198).
5Under California's dog bite statute, Civil Code §3342, an owner is liable when their dog bites a person. Which standard of liability applies?
A.Negligence — the owner must have known the dog was dangerous
B.Strict liability — the owner is liable regardless of the dog's prior behavior
C.Liability only if the dog had previously bitten someone (one-bite rule)
D.The owner is liable only if the dog was not on a leash at the time
Explanation: California Civil Code §3342 imposes strict liability on dog owners for bite injuries. Unlike the common-law 'one-bite' rule, California does not require proof that the owner knew or should have known the dog was dangerous. The statute applies when the person bitten is in a public place or lawfully on private property. California is a strict liability dog bite state, which differs from many jurisdictions that still follow the one-bite rule.
6Under 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
D.There is no cap on noneconomic damages in California
Explanation: California's Medical Injury Compensation Reform Act (MICRA) was amended effective January 1, 2023 by AB 35. For wrongful death cases, the initial cap was raised to $500,000 and increases by $50,000 each year until reaching $1 million in 2033, after which it adjusts for inflation. For non-death cases, the cap started at $350,000, increasing by $40,000 per year until 2033. This replaced the original flat $250,000 cap that had been in place since 1975.
7California 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?
A.There is no difference; California uses the but-for test exclusively
B.The substantial factor test is easier for plaintiffs because it allows recovery even when multiple forces independently would have caused the harm
C.The substantial factor test requires a higher burden of proof than but-for causation
D.The substantial factor test applies only to strict liability claims
Explanation: California uses the substantial factor test (CACI 430, 431) rather than the traditional but-for test. Under Mitchell v. Gonzales (1991) 54 Cal.3d 1041, the California Supreme Court held that the substantial factor test better addresses situations involving concurrent independent causes, where each cause alone would have been sufficient. The test asks whether the defendant's conduct was a substantial factor in bringing about the harm, which is particularly helpful in multiple-causation scenarios where the but-for test would produce unjust results.
8In California, the attractive nuisance doctrine has been replaced by which approach to trespassing children?
A.Children are treated identically to adult trespassers under California law
B.The Rowland v. Christian general duty of care analysis applies, considering foreseeability of child trespassers
C.California applies a strict liability standard for any injury to a child on another's property
D.California follows the Restatement (Second) attractive nuisance doctrine without modification
Explanation: California does not follow the traditional attractive nuisance doctrine. Instead, under Rowland v. Christian (1968) 69 Cal.2d 108 and Civil Code §1714(a), courts apply the general duty of ordinary care analysis. Courts consider factors like foreseeability of harm to child trespassers, the burden of protecting against the risk, and the relationship of the parties. This approach was confirmed in cases like Reynolds v. Willson (1958) 51 Cal.2d 94.
9Under California Civil Code §1431.2 (Proposition 51), how is liability for noneconomic damages allocated among multiple tortfeasors?
A.Joint and several liability for all damages, including noneconomic damages
B.Each defendant is liable only for the percentage of noneconomic damages equal to that defendant's percentage of fault
C.The defendant with the deepest pockets is liable for all noneconomic damages
D.Noneconomic damages are split equally among all defendants regardless of fault
Explanation: California Civil Code §1431.2, enacted by Proposition 51 in 1986, provides that each defendant is severally (not jointly) liable for noneconomic damages in proportion to that defendant's percentage of fault. Economic damages remain subject to joint and several liability under Civil Code §1431. This means a defendant found only 10% at fault pays only 10% of the noneconomic damages but may be liable for 100% of the economic damages.
10Under California Government Code §815, a public entity in California is NOT liable for injury unless liability is imposed by what?
A.Common-law tort principles
B.A specific statute
C.The California Constitution alone
D.The discretion of the trial court
Explanation: California Government Code §815 abolished common-law tort liability for public entities. Under the California Tort Claims Act (Gov. Code §§810-996.6), a public entity is liable for injury only if liability is provided by statute. This is a significant departure from the rule in many other states. Public employees, by contrast, remain personally liable under common-law principles (Gov. Code §820), and public entities may be vicariously liable for their employees' tortious acts under Gov. Code §815.2.

About the CA Bar Exam

The California Bar Examination is a two-day exam testing both the Multistate Bar Examination (MBE) subjects and California-specific essay topics. Day 1 features five essay questions and one Performance Test; Day 2 consists of 200 MBE multiple-choice questions. The exam is one of the most difficult bar exams in the United States, covering Torts, Contracts, Civil Procedure, Constitutional Law, Criminal Law & Procedure, Evidence, Real Property, Community Property, Business Associations, Professional Responsibility, Wills & Trusts, and Remedies.

Questions

200 scored questions

Time Limit

2 days (6.5 hrs written + 6 hrs MBE)

Passing Score

1390 out of 2000 (scaled)

Exam Fee

$850 (General) / $1,500 (Attorney Examination) (State Bar of California)

CA Bar Exam Content Outline

14%

Torts

Negligence (duty, breach, causation, damages), intentional torts, strict liability, products liability, defamation, nuisance, and defenses (comparative negligence, assumption of risk)

14%

Contracts

Contract formation, consideration, defenses (Statute of Frauds, impossibility, misrepresentation), conditions, breach, UCC Article 2 (goods/merchants), assignment, delegation, third-party beneficiaries

14%

Civil Procedure

Subject matter jurisdiction (diversity, federal question, supplemental), personal jurisdiction, venue, pleading standards, discovery, summary judgment, Rule 50 motions, joinder, class actions, appeals

14%

Constitutional Law

Judicial review, standing/justiciability, Commerce Clause, Due Process (substantive/procedural), Equal Protection (rational basis, intermediate, strict scrutiny), First Amendment, separation of powers

14%

Criminal Law & Procedure

Homicide (murder degrees, felony murder, manslaughter), theft crimes, inchoate offenses, criminal defenses, Fourth Amendment (search and seizure), Fifth Amendment (Miranda), Sixth Amendment (right to counsel)

14%

Evidence

Relevance, hearsay and its exceptions, character evidence, privileges (attorney-client, spousal, physician-patient), witness impeachment, authentication, best evidence rule, expert witnesses

14%

Real Property + CA Subjects

Future interests, landlord-tenant, mortgages, adverse possession, easements and covenants, recording acts; plus Community Property, Business Associations, Professional Responsibility, Wills & Trusts, and Remedies

How to Pass the CA Bar Exam

What You Need to Know

  • Passing score: 1390 out of 2000 (scaled)
  • Exam length: 200 questions
  • Time limit: 2 days (6.5 hrs written + 6 hrs MBE)
  • Exam fee: $850 (General) / $1,500 (Attorney Examination)

Keys to Passing

  • Complete 500+ practice questions
  • Score 80%+ consistently before scheduling
  • Focus on highest-weighted sections
  • Use our AI tutor for tough concepts

CA Bar Study Tips from Top Performers

1For the MBE, practice recognizing trigger facts that signal specific issues — on Torts, 'loaded gun in desk drawer' signals negligence per se; on Contracts, 'merchant' signals UCC Article 2 firm offers and battle of the forms
2Community Property is the highest-yield California-specific essay subject: memorize the CP presumption, SP exceptions (pre-marital, gifts, inheritance), transmutation requirements (writing in CA), and the Moore/Marsden rule for reimbursement
3For Criminal Law, master the felony murder rule and its limitations — California has eliminated the natural and probable consequences doctrine for murder (SB 1437), which may affect California-specific questions
4Evidence hearsay: identify whether the statement is offered for its truth (hearsay) vs. legally operative words, verbal acts, or effect on listener (non-hearsay). Then systematically go through exemptions and exceptions (declarant unavailable vs. availability immaterial)
5Professional Responsibility questions often involve conflicts of interest — always analyze whether a conflict is consentable and whether proper written disclosure and consent procedures were followed under Model Rule 1.7
6For essay writing, use tight IRAC structure: Issue (1 sentence), Rule (state the black letter rule + any exceptions), Application (apply rule to key facts on both sides), Conclusion (answer the question). Graders reward thoroughness — identify every issue you spot

Frequently Asked Questions

What is the passing score for the California Bar Exam?

The California Bar Exam requires a scaled passing score of 1390 out of 2000. This score is derived from a combination of the MBE score (weighted 50%) and the written score from essays and the Performance Test (weighted 50%). The MBE itself consists of 200 multiple-choice questions, but only 175 are scored — 25 are unscored pretest items.

How is the California Bar Exam structured?

The California Bar Exam is administered over two days. Day 1 consists of written sessions: three essay questions in the morning (3 hours) and two essay questions plus one Performance Test in the afternoon (3.5 hours). Day 2 consists of the MBE: 100 multiple-choice questions in the morning (3 hours) and 100 more in the afternoon (3 hours). The exam is currently administered in person at designated testing sites.

What subjects are tested on the California Bar Exam?

The MBE portion tests seven subjects: Civil Procedure, Constitutional Law, Contracts, Criminal Law & Procedure, Evidence, Real Property, and Torts. The essay portion can test all seven MBE subjects plus California-specific subjects: Community Property, Business Associations (Agency, Partnerships, Corporations), Professional Responsibility, Remedies, Trusts, and Wills & Succession.

What makes Community Property unique on the California Bar?

California is one of nine community property states. The Community Property subject is tested extensively in California bar essays but not on the MBE. Key rules include: all property acquired during marriage is presumed community property; separate property includes pre-marital assets, gifts, and inheritances; California requires a writing for transmutation of property characterization; and the Moore/Marsden rule applies when community funds are used to pay down separate property mortgages.

What is the pass rate for the California Bar Exam?

The California Bar Exam has one of the lowest pass rates in the United States. First-time taker pass rates typically range from 40% to 54% depending on the administration. Repeat taker pass rates are significantly lower, often in the 20-30% range. The February administration typically has higher pass rates than July for first-time ABA graduates.

How should I approach studying for the California Bar Exam?

Most successful candidates dedicate 8–12 weeks of full-time study (400–600 hours). Allocate study time proportionally: MBE subjects each need extensive practice with multiple-choice questions; California-specific subjects (especially Community Property) need rule memorization and issue spotting. Practice writing timed essays using IRAC format, and complete real Performance Tests. Taking at least 2,000+ MBE practice questions is essential for developing the issue recognition and analytical speed needed.