Sample Bar Questions

Hello sir, is there any one can provide me some previous year sample questions for BAR exam? Here I came to get some old sample questions for BAR exam?

[Pathak]

Commencing with July 2016 bar examination, the New York bar examination consists of the Uniform Bar Examination (UBE).

The UBE is a high quality, uniform battery of tests that are administered contemporaneously in every other jurisdiction that has adopted the UBE.

Many state BAR examiners release essay and performance test questions used on prior bar exams. In addition, some states release sample answers to these exam questions

Examination Application Filing Period
FEBRUARY November 1 – November 30
JULY April 1 – April 30


2015 sample questions for BAR exam
QUESTION 1
In 1990, Bob, then a resident of State X, purchased a lakefront home in New York State. From the time he purchased the property, Bob reasonably believed the northern boundary to be five feet north of the true northern boundary line and the southern boundary to be five feet south of the true southern boundary line.
Bob occupied the property every summer. The first summer he erected a fence along what he believed to be the southern boundary.
Bob did nothing to occupy or cultivate the five-foot strip north of the true northern boundary line until 2004, when he cleared it and extended his lawn onto that five-foot strip, which he then regularly mowed. That same year he also erected a storage shed on the northerly five-foot strip.
In 2010, Bob married Marsha in State X, where they resided, although they spent their summers at Bob’s lakefront home. In May 2014, Bob and Marsha moved from State X to New York City.
Shortly after moving to New York, Bob and Marsha executed an agreement in which each agreed to waive any right of election against the other’s will. Bob and Marsha signed the agreement before two witnesses who also signed the agreement.
In February 2015, Marsha left their marital home in New York and returned to State X, indicating that she was never going to return to New York or to Bob wherever he might live.
In June 2015, Bob commenced an action in New York against Marsha for divorce on the ground of irretrievable breakdown of the marriage and for equitable distribution of the marital assets. Bob caused the summons and complaint to be personally served on Marsha in State X by an authorized State X process server.
Marsha has moved to dismiss the complaint on the grounds that (a) it fails to state a cause of action as to the alleged ground for divorce, (b) the residency requirement for bringing the action was not satisfied, and (c) the court (i) lacks jurisdiction over the subject matter of the action and (ii) lacks personal jurisdiction over Marsha.
1. (a) If Bob brings an action to establish his having title to the northern strip, should he be successful?
(b) If Bob brings an action to establish his having title to the southern strip, should he be successful?

2. Should the court grant Marsha’s motion to dismiss the complaint? Discuss each of grounds (a), (b) and (c).
3. Is the agreement signed by Bob and Marsha enforceable?
QUESTION 2
In 1980 Drake, an art collector, and his wife, Win, had a son, Ron. Ten years later, as the result of an extra-marital affair with Mary, Drake fathered a daughter, Betty. No DNA test was ever performed, and Mary never sought a court order to establish paternity. Although Drake never openly acknowledged paternity, he entered into an agreement with Mary obligating him to provide financial support to Betty until she was 21 years old. Except for providing the agreed financial support, Drake had no contact with Betty.
In May 2010, Drake purchased a painting from a famous artist and hung the painting in his bedroom. In 2011, Drake made a series of bad investment decisions leading to significant financial losses. He borrowed $200,000 from B Bank and gave B Bank a security interest in the painting as collateral.
In 2012, on Ron’s graduation from law school, Drake wrote Ron a letter stating, “I give you the painting in my bedroom in celebration of your graduation. You can take possession of the painting upon my death, but I want to keep possession of the painting for as long as I live.”
The painting remained in Drake’s bedroom until March 2014, when he died without a will, survived by Win, Ron and Betty. At the time of his death, Drake’s estate, not including the painting, was valued at $1,000,000, the value of the painting was $300,000, and the balance of the debt owed to B Bank was $150,000.
Win and Ron both filed petitions for letters of administration for Drake’s estate. Ron claimed that he was best qualified to administer the estate because he was a lawyer as well as being Drake’s son, while Win claimed, that as Drake’s wife, she should be appointed administrator of the estate. The Surrogate granted letters of administration to Ron.
Ron has informed Win that the painting is not part of the estate because the painting was a gift to him. Win claims that Drake’s letter to Ron was insufficient to establish a gift of the painting. Ron informed Betty that, as a non-marital child of Drake, she would not share in the distribution of the estate. Ron also informed B Bank that its security interest in the painting was extinguished by the gift to him.

1. Was the Surrogate’s ruling granting letters of administration to Ron correct?
2. Should the painting be included as part of Drake’s estate?
3. Did B Bank’s security interest survive the gift of the painting?
4. What are the respective rights, if any, of Ron, Win, and Betty, with respect to Drake’s estate?
QUESTION 3
ABC Appliance Store (ABC) put a sign in its window that read: “Super Bowl sale — Watch the Super Bowl on our super-sized 82-inch television.” Dan saw the sign and told Manager, the manager of the store, that he needed a new television and wanted to buy the 82-inch television because he intended to have a big Super Bowl party. Manager agreed that this television would be perfect for watching the Super Bowl. Dan then purchased the 82-inch television for $6,000, signing a purchase agreement that provided for no money down and payment not due for 90 days. The television was delivered to Dan’s house the next day together with a lengthy owner’s manual, which contained the following statement on the last page in a footnote: “Operation may be affected by severe lightning.” Dan did not read the owner’s manual.
Dan used the television without incident over the next two months. However, on the day of the Super Bowl, Dan was unable to obtain reception on the channel that broadcast the game because of severe lightning storms near his house, and he had to cancel his Super Bowl party. Dan had incurred significant expense in planning for the cancelled Super Bowl party. The next day, Dan called Manager at ABC and demanded that ABC take the television back because it did not operate during the Super Bowl. Manager refused, citing to the statement in the owner’s manual. Dan thereafter refused to pay for the television when payment became due.
Manager contacted Attorney to assist in obtaining payment for the television. Attorney agreed in writing to handle the matter on a contingent fee basis, in which Attorney would receive 50% of the amount recovered. Attorney then sent a letter to Dan labeled “final notice” which advised Dan that, unless Dan paid the $6,000 in full within 30 days, Attorney had been directed by ABC to bring a lawsuit against him. Dan received the letter, but did not reply and did not pay what was demanded.
ABC brought an action against Dan to recover the purchase price of the television. Dan answered and denied liability on the ground that he had properly revoked his

acceptance of the television because the television was non-conforming. Dan counterclaimed, asserting that ABC had breached the implied warranties of merchantability and fitness for a particular purpose and seeking damages for the loss he incurred in cancelling the Super Bowl party. Neither the purchase agreement nor the owner’s manual contained any mention of warranties or damages. In its reply to Dan’s counterclaim, ABC alleged that the statement in the owner’s manual effectively disclaimed any warranties.
1. Was Dan entitled to revoke his acceptance on the ground that the television did not conform to the contract due to its failure to operate during the Super Bowl?
2. (a) Did the statement in the owner’s manual effectively disclaim the warranties of merchantability and fitness for a particular purpose?
(b) Assuming the statement in the manual did not disclaim any warranties, is Dan entitled to recover consequential damages based on breach of:
(i) a warranty of merchantability?
(ii) a warranty of fitness for a particular purpose?
3. Did Attorney’s (a) contingent fee agreement and (b) sending of the demand letter comport with the Rules of Professional Conduct?
QUESTION 4
Ed owns a 20-acre parcel of land in a rural area and keeps an all-terrain vehicle (ATV) there for his family’s use. The ATV, a motorized vehicle used for recreational purposes, is designed to travel on unpaved surfaces at speeds up to 25 miles per hour. Ed regularly permits his children to use the ATV unsupervised, including his 12-year-old son, Bill, who has done so on many occasions without incident. Passengers ride the ATV by holding onto the waist of the operator.
An unimproved dirt trail runs through Ed’s property and extends across multiple adjoining properties, including a 30-acre property immediately adjacent to Ed’s property, owned by Ward, a farmer. The dirt trail is used by Ed, his family, and various other users for recreational purposes, including hiking, biking, cross-country skiing, and snowmobile/ATV operation.


One afternoon, Ed left Bill and his 11-year-old friend, Tom, alone at his property. Ed told Bill that while he was gone Bill could take Tom for a ride on the ATV, but only on Ed’s property. Bill initially rode the ATV with Tom as a passenger on his father’s property. Bill eventually became bored and decided to enter onto Ward’s property, despite “No Trespassing” signs on the perimeter of Ward’s property. A short distance later, Bill, traveling at an excessive speed, crossed a ditch in the trail, which caused the ATV to flip over and land on Tom, who sustained serious injuries in the accident. Ward had created the ditch several years earlier to promote the drainage of surface water from his field to a nearby stream. Although Ward did not place any warnings on the trail to alert users to the ditch, he had made it shallower at the location where it crossed the trail and periodically checked its depth.
Tom, through his guardian, commenced an action against Ed and Ward seeking damages for his injuries. The complaint alleged the above relevant facts. In his first cause of action against Ed, Tom alleged that Ed negligently supervised Bill. In his second cause of action against Ed, Tom alleged that Ed negligently entrusted Bill with a dangerous instrument, i.e., the ATV. In a cause of action against Ward, Tom alleged that Ward had created a dangerous condition on the property, which he failed to adequately warn against.
After discovery was complete, Ward moved for summary judgment to dismiss the complaint by Tom on the grounds that (a) he owed no duty of care to Tom as a matter of law because Tom was a trespasser on his property and, in any event, (b) he is immune from liability to Tom for negligence on the facts alleged in the complaint.
Ed also filed a motion seeking summary judgment to dismiss the complaint by Tom on the grounds that the allegations of (c) negligent supervision and (d) negligent entrustment of a dangerous instrument fail to state cognizable causes of action under New York law.
The court denied both Ward’s and Ed’s motions, and the case proceeded to trial. After finding both defendants negligent, the jury awarded Tom damages of $1,000,000 for his pain and suffering, and it apportioned liability 40% to Ward and 60% to Ed.
1. Did the court properly deny Ward’s motion on grounds (a) and (b)?
2. Did the court properly deny Ed’s motion on grounds (c) and (d)?
3. Assuming that Ward’s and Ed’s motions were properly denied, what is the maximum amount Tom may recover from each of Ward and Ed?


QUESTION 5
Rose was a tenant in a public housing apartment building operated by the C City Housing Authority. Rose’s adult son, Robert, was living in the apartment with her. On several occasions, tenants complained to the Housing Authority regarding Robert’s menacing behavior.
Following a meeting with Rose to discuss the problem, the project manager for the building determined that Rose’s tenancy should be terminated for breach of her obligation under the lease to assure that neither she nor any member of her household threatened the health, safety or right of peaceful enjoyment of the other tenants in the building. Rose was thereafter personally served with a Notice of Charges, in which the Housing Authority set forth in detail the tenants’ complaints and how Robert’s conduct violated the lease. The Notice advised Rose that a hearing would be held on a stated date and time at a designated location to determine whether her tenancy should be terminated because of Robert’s conduct. The Notice further advised Rose that she had a right to be represented by counsel, to present evidence, and to cross-examine witnesses at the hearing.
Rose appeared at the hearing without counsel. At the hearing, among other evidence, the Housing Authority presented a certificate of mailing of the Notice, affidavits of the complaining tenants detailing the menacing acts of Robert, and the lease, all of which were received into evidence, over Rose’s objection. Although invited to do so by the hearing officer, Rose offered no evidence in response and did not request an adjournment to obtain counsel, gather evidence or subpoena witnesses.
Following the hearing and after Rose exhausted her administrative appeal, the Housing Authority issued a final Determination finding that Rose had violated her lease, and it terminated her tenancy and directed that she vacate the premises. Rose received the Determination on August 27, 2014, but she continued to occupy the apartment.
On February 12, 2015, Rose commenced a special proceeding against the Housing Authority asserting that her procedural due process rights were violated in the termination of her tenancy, and that the hearing officer improperly admitted hearsay evidence, in the form of the affidavits, thereby denying her the right to cross-examine the witnesses. The Housing Authority moved to dismiss Rose’s petition, asserting that it was not timely commenced. The court denied the motion and, following a hearing on Rose’s petition, ruled that (a)(i) Rose was entitled to procedural due process in connection with the termination of tenancy proceeding, but (a)(ii) her rights in that regard were not violated. In addition, the court ruled that (b) the hearing officer improperly admitted hearsay evidence. The court remanded the matter back to the Housing Authority for further proceedings.

Rose and the Housing Authority thereafter entered into a stipulation to permit Rose to continue to reside in her apartment, subject to Robert not being allowed to live or visit there. Rose then informed Robert that he could no longer live in or visit her apartment pursuant to the stipulation, and Robert moved out on June 18.
In the lobby of the building, prominently displayed, is a sign that says “NO TRESPASSING. TENANTS AND THEIR GUESTS ONLY.” On July 10, a tenant saw Robert in the building and called the police. The police arrived finding Robert in a hallway on the second floor of the building. When questioned by the police, Robert claimed that he was in the building to visit his mother. The police thereafter questioned Rose, who truthfully reported that she had forbidden Robert to enter the building to visit her. The police arrested Robert, charging him with criminal trespass in the second degree. A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a dwelling.
1. Did the court properly deny the Housing Authority’s motion to dismiss Rose’s petition on the ground of the statute of limitations?
2. Was the court correct in its determination that:
(a)(i) Rose was entitled to procedural due process in connection with the termination of tenancy proceeding?
(a)(ii) Her rights in that regard were not violated?
(b) The hearing officer improperly admitted hearsay evidence?
3. Is Robert guilty of criminal trespass in the second degree?

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