PRLR - Federal Bar Exam Spring 2015

Federal
Bar Practice Exam

SPRING 2015
20
PuertoRicoLawReview 2
Federal Bar Practice Exam
LOCAL RULES

1. All civil and criminal cases shall be assigned on the following basis:

A. blind random basis;

B. blind random basis, unless a particular judge is requested due to his expertise
regarding the legal issue involved in the cause;
C. blind random basis, provided however that in the interest of justice and
expediency, the Clerk may modify the assignments made to active or senior
judges;
D. the means of assignment is within the sound discretion of the Clerk of the Court.

2. Attorney G wants to file a Complaint against a local sulfur company alleging a breach
of local residents constitutional right to smell clean air. At the time of filing, what
must Attorney G submit with the Complaint?

A. Summons
B. The filing fee
C. A completed Civil Cover Sheet and Category Sheet
D. Both B and C

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3. On July 1, 2010, Attorney G has a federal civil non-jury trial scheduled via court order
for January 1, 2011. On November 1, 2010, in an unrelated federal civil case,
Attorney G is notified that a jury trial has also been scheduled via court order on
January 1, 2011. What must Attorney G do, and which case takes precedence?

A. The Court will figure it out for Attorney G

B. Attorney G must withdraw from one of the cases
C. Attorney G should notify the judge in the jury trial that the is also scheduled for
a non-jury trial and that the jury trial must be moved
D. Attorney G must notify both judges by November 4, 2011 of the conflict and the
jury trial will have precedence
4. " Which of the following is acceptable to include in filings with the Federal Court?

A. Social Security Numbers

B. Home address
C. Names of children
D. Dates of birth
E. None of the above
5. Attorney G files a motion to dismiss in a contract case and attaches the Spanish
language contract at issue in support of the motion. Attorney G does not submit an
English translation. Must the Court consider the attached Spanish language contract?

A. Yes, it is attached to the motion and properly before the Court

B. No, all documents filed with the Court must be in English or translated to English
C. Yes, but only the relevant part
D. None of the above

6. Attorney G has failed to answer Attorney Ps requests for production of documents

within the allotted thirty day period. On the thirty-first day and without talking to
Attorney G, Attorney P files a motion to compel the production of documents. Which
of the following is true?

A. The motion is related to a discovery dispute and should be immediately brought

to the Courts attention
B. Attorney G is late and Attorney P is permitted under the Local Rules to seek
relief
C. Attorney P has failed to make a reasonable good faith effort to reach an
agreement with Attorney G and has failed to certify that such an effort was
made
7. Attorney G and Attorney P notify the Court that they reached a settlement. Pursuant
to the Local Rules, how long do they have to execute and file the necessary papers?

A. 10 days
B. 15 days
C. 30 days
D. Whatever deadline is set by the Court
8. Who is permitted to examine potential jurors in federal civil trials?

A. The judge only

B. The judge and attorneys for the parties
C. Anyone present, including the public
D. No examinations are allowed

9. A summary judgment motion was referred to a Federal Magistrate. The Magistrate

recommended that the summary judgment motion should be denied. How long does
the moving party have to dispute the Magistrates ruling and who do they present
that argument to?

A. 30 days to submit a notice of appeal and take the argument to the First Circuit
B. 14 days to submit a notice of appeal and take the argument to the First Circuit
C. 30 days to file an appeal to the District Court Judge
D. 14 days to oppose the Magistrates Report and Recommendation to the District
Court
10. Attorney G has been ordered to Court Annexed Mediation. Attorney G is not
required to do which of the following?

A. Prepare and provide a written mediation statement to the mediator

B. Attend all mediation sessions with a party who has authorization to settle the
case
C. Accept the decisions made by the mediator
D. Approach the process in good faith
11. As per Local Rules, a motion when filed shall generally be accompanied by:

A. a memorandum of law citing supporting authorities.

B. stamped addressed envelopes for each party entitled to notice of the order
when issued by the judge.
C. a cover sheet.
D. both (a) and (b).
E. all of the above.

12. Absent prior permission of the Court, no party shall file any legal memorandum for a
dispositive motion in excess of:

A. ten pages.
B. twenty pages in length, with the exception of a reply which shall not exceed ten
pages in length.
C. twenty-five pages.
D. fifty pages.
E. not specified by Local Rule.
13. Absent prior permission of the Court, no party shall file any reply memorandum in
excess of:

A. ten pages.
B. twenty pages.
C. twenty-five pages.
D. fifty pages.
E. not specified by Local Rule.
14. A party who desires oral argument or a hearing of any motion:

A. shall include such request in the concluding paragraph of the motion.
B. shall schedule a hearing through the courtroom deputy.
C. shall schedule a hearing through the Clerk of the Court.
D. shall request it in writing by separate request accompanying the motion or
opposing memorandum


15. A motion for summary judgment must be accompanied by:

A. a) a thorough statement of the material facts addressed in the motion, which

shall not exceed twenty five pages in length.
B. a thorough statement of the material facts addressed in the motion, which shall
not exceed fifteen pages in length.
C. a separate, short, and concise statement of material facts, set forth in numbered
paragraphs, as to which the moving party contends there is no genuine issue of
material fact to be tried, which shall not exceed twenty-five pages in length.
D. a separate, short, and concise statement of material facts, set forth in numbered
paragraphs, as to which the moving party contends there is no genuine issue of
material fact to be tried, which shall not exceed fifteen pages in length.

CRIMINAL PROCEDURE

16. Which of the following is a true statement (in a criminal case)?

A. More than one warrant or summons may issue on the same complaint.
B. A complaint may be read with an affidavit or affidavits filed with it to establish
probable cause.
C. A complaint must establish probable cause without reference to any document
which might be attached.
D. Both, (a) and (b)
17. A warrant may be executed or summons may be served:

A. only in the district in which it is issued.

B. at any place within the United States.
C. within a 100 mile radius of the district in which it is issued.
D. only by a United States marshal.
18. Failure to respond to a summons is grounds for:

A. being held in contempt of court.

B. issuing an arrest warrant.
C. forfeiting any defenses to the offenses charged.
D. none of the above.

19. Once a person is arrested, as a matter of federal procedure, the arrested person:

A. shall be taken without unnecessary delay before a federal Magistrate Judge.

B. must be taken before a Federal District Court.
C. shall be taken to a state or local judicial officer authorized by Rule 5(c) if no
Magistrate Judge is reasonably available.
D. (a) or (c).

20. The court may permit an amendment to:

A. a) an information before a verdict is returned if the amendment does not charge

an additional offense and the defendants substantial rights are not prejudiced.
B. an indictment before a verdict is returned if the amendment does not charge an
additional offense and the defendants substantial rights are not prejudiced.
C. a bill of particulars.
D. (b) and (c).
E. (a) and (c).
21. At a preliminary examination, the defendant may:

A. introduce evidence in his own behalf.

B. cross-examine witnesses against him.
C. object to evidence on the ground that it was acquired by unlawful means.
D. (a) and (b).


22. An arrested person may be tried only by:

A. a United States Magistrate Judge.

B. a United States District Court Judge.
C. a Magistrate Judge if the charge is a felony, upon consent of the defendant
D. a Magistrate Judge if the charge is a petty offense
23. Which of the following statements is true regarding admissions made by a criminal
defendant or his attorney at a pre-trial conference.

A. The admission may never be used against a defendant.

B. The admission may be used if reduced to writing and signed by the defendants
attorney, but not signed by the defendant.
C. The admission may not be used unless reduced to writing and signed by the
defendant and his attorney.
D. The admission may be used only if the government makes an appropriate
motion and the court grants its use.
24. A subpoena in a criminal case may be served:

A. only within the district in which it was issued.

B. within 100 miles of the place of trial.
C. any place within the United States.
D. only by a U.S. marshal.


25. A criminal defendant may waive a jury trial:

A. only in writing with the approval of the court and the consent of the
government.
B. only if he is being tried for a misdemeanor.
C. in writing without the approval of the court or the consent of the government.
D. orally if before the court with the approval of the court and the consent of the
government.
26. The number of persons required on a jury in a criminal trial:

i. is always twelve in federal court.
ii. may be less than twelve if the parties so stipulate in writing before the verdict and no
court approval is necessary.
iii. may be less than twelve if the parties stipulate in writing with court approval that a valid
verdict may be returned by a jury of less than twelve should the court find it necessary
to excuse one or more jurors for any just cause after trial commences.
A. i only.
B. ii only.
C. ii and iii.
D. iii only.
27. The examination of prospective jurors:

i. may be made by the court and the attorneys for the parties.
ii. may be made by the attorneys for the parties upon the courts permission.
iii. may be made by the court.
A. i and ii.
B. ii and iii.
C. ii only.
D. all of the above.

28. The extra peremptory challenges allowed where alternate jurors are impanelled:

A. may be used against an alternate juror only.

B. may be used against any prospective juror.
C. may only be used by counsel for the defense.
D. may only be used by counsel for the government.
29. If a motion for judgment of acquittal is made at the close of all of the evidence, the
court:

A. must rule on the motion before submitting the case to the jury.
B. may submit the case to the jury and must decide the motion before the jury
returns the verdict.
C. may reserve the decision on the motion and decide it after the jury returns a
verdict of guilty.
D. must decide the motion before the jury is discharged where a jury is discharged
without having returned a verdict.
30. The probation service of the court shall make a presentence report to the court
before the imposition of sentence, unless:

A. defendant waives the presentence report with the permission of the court.
B. the court finds that there is sufficient information in the record to enable the
meaningful exercise of sentencing discretion.
C. the court explains in the record that the presentence report is not necessary.
D. (b) and (c) together.



TRUE OR FALSE

31. Upon motion of the defendant, the court shall always dismiss an indictment if it
appears that one or more members of the grand jury were not legally qualified.

32. 32. As prosecutor of the cause, a government attorney is always entitled to

disclosure of the grand jurys deliberations and votes of individual jurors for use in
the performance of his duty.

33. A grand jury must have 12 to 23 members, and the court must order that enough
legally qualified persons be summoned to meet this requirement.


EVIDENCE

34. The Federal Rules of Evidence generally apply to civil, criminal, and admiralty
actions. In which proceedings are the rules inapplicable?

A. a) Grand jury matters.

B. b) Proceedings involving the determination of preliminary questions of fact.
C. c) Extradition actions.
D. d) All of the above.
35. The party calling a witness:

A. may not attack the credibility of the partys own witness.

B. may attack his own witnesss credibility.
C. may attack the credibility of an opposing partys witness.
D. (a) and (c).
E. (b) and (c).
36. Evidence of prior specific instances of conduct may be used to show a trait of
character of a person when the character or trait of character is:

A. related at least peripherally to a charge, claim or defense.

B. a dominant trait or a strong recessive one.
C. an essential element of a charge, claim, or defense.

37. The Federal Rule of Evidence regarding judicial notice only governs:

A. legislative facts.
B. adjudicative facts.
C. special facts.
38. Evidence of conduct or statements made in compromise negotiations may be

admissible for the purpose of:

A. proving the amount in controversy in the case.

B. proving that the opposing attorneys are bad guys.
C. proving that the opponent concedes parts of the claim.
D. proving bias or prejudice of a witness.
E. none of the above.
39. Hearsay is not admissible, subject to a number of exceptions. Which is not an

exception?

A. Recorded recollection.
B. Public records.
C. Vital statistics.
D. All are exceptions.


40. In order to be admissible as an exception to the hearsay rule, which of the following
requires the declarant to be unavailable?

A. Records of regularly conducted activity.
B. Then existing mental, emotional, or physical condition.
C. Excited utterance.
D. None of the above.

41. Which of the following are excluded by the hearsay rule even if the declarant is
unavailable?

A. Former testimony.
B. Statement under belief of impending death.
C. Statement against interest.
D. None of the above.

CIVIL PROCEDURE
42. Under the Federal Rules of Civil Procedure, a defendant who, upon receiving the
complaint, believes he or she has the defenses of lack of jurisdiction over the person,
lack of subject matter jurisdiction, improper venue and failure to state a claim upon
which relief can be granted:

A. should join all of these defenses in a motion to dismiss filed before the Answer.
B. should join all of these defenses in a timely special appearance.
C. can only raise all of these defenses as affirmative defenses in the Answer.
D. should raise only the defense of lack of jurisdiction over the person and lack of
subject matter jurisdiction in a timely special appearance.
E. should raise the defense of lack of jurisdiction over the person in a special
appearance filed simultaneously with the Answer or any motion made with
respect to the other defenses.
43. The following device(s) may be utilized by the plaintiff to test the legal sufficiency of
an affirmative defense set forth in the answer:

A. motion for Judgment on the Pleadings.

B. motion for Summary Judgment.
C. motion to Strike.

44. A party filing a complaint in a federal court:

A. consents to personal jurisdiction in that court for purposes of any counterclaims.

B. waives any objections to the subject matter jurisdiction of the court.
C. waives the right to commence or participate simultaneously in any state
proceeding arising out of the same events or affecting the same subject matter.
45. The defendants failure to appear in a civil action after proper service of process will
generally result in:

A. the issuance of a bench warrant for the defendants arrest.

B. the defendants being held in contempt of court.
C. a stay of the proceedings until the defendant chooses to appear.
D. a default judgment.
46. Under Rule 13(b) of the Federal Rules of Civil Procedure, a pleading may state as a
permissive counterclaim any claim against an opposing party which:

A. arises out of the transaction or occurrence that is the subject matter of the
opposing partys claim.
B. does not arise out of the transaction or occurrence that is the subject matter of
the opposing partys claim, but which meets the subject matter jurisdiction of
the court.
C. he has against the opposing party.

47. A motion for a more definite statement should be granted when:

A. the complaint is so indefinite as to require greater specificity to permit the

defendant to prepare for trial.
B. a bill of particulars would have been granted at common law.
C. the defendant claims to need greater specificity to frame a responsive pleading
or prepare for trial.
D. the complaint is insufficient as a matter of law.
E. the complaint is so indefinite that the defendant cannot reasonably frame an
answer.
48. The failure of a defendant to deny in his answer an allegation of fact in the
complaint:

A. admits the allegation, unless the allegation relates to the amount of damages.
B. is construed as a denial of the allegation.
C. imposes on the defendant the obligation to pay plaintiffs costs and attorneys
fees.
D. usually renders it appropriate for the Court to award summary judgment to the
plaintiff.
49. A plaintiffs right to take a voluntary dismissal, without leave of court, is defeated by:

A. an answer.
B. a motion for summary judgment.
C. a motion to dismiss.


50. A deposition recorded by other than stenographic means may be taken:

A. a) only with leave of court.

B. b) without leave of court, even when the parties do not consent.
C. c) without leave of court when all parties consent.
D. d) both (b) and (c).
51. The burden of proof concerning jurisdictional facts, such as diversity or jurisdictional
amount, when these are challenged, falls on:

A. the plaintiff in all cases.

B. the defendant in all cases.
C. the defendant in a removed action; the plaintiff in an original action.
D. the plaintiff in a removed action; the defendant in an original action.
E. either party as designated by the court.
52. In a civil action, a party who has filed a timely demand for jury trial may withdraw
the demand by:

A. written stipulation signed by all parties or their attorneys of record or oral

stipulation made in open court and entered on the record.
B. filing a written waiver of jury trial.
C. orally waiving jury trial at the pretrial conference.


FEDERAL JURISDICTION

53. The district courts have original jurisdiction of all civil actions arising under the
Constitution, laws, or treaties of the United States:

A. where the amount in controversy exceeds $75,000.

B. there is no minimum amount in controversy.
C. unless there is also diversity of citizenship between the parties, then $75,000
must be the minimum amount in controversy.
D. (a) and (b).
54. When a complaint contains a federal claim and a state claim, and the federal claim
has substance sufficient to confer subject matter jurisdiction on the Court, the Court

A. can accept jurisdiction over the state claim pursuant to doctrine of supplemental
jurisdiction even if the state and federal claim do not derive from a common
nucleus of operative fact.
B. must accept jurisdiction over the state claim pursuant to the doctrine of
supplemental jurisdiction if the state and federal claim derive from a common
C. may accept jurisdiction over the state claim pursuant to the doctrine of
supplemental jurisdiction if the state and federal claim derive from a common
D. can never accept jurisdiction over the state claim.

55. Federal district courts have original and exclusive jurisdiction over:

A. most proceedings in bankruptcy filed under Chapter 11.

B. any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases
all other remedies to which they are otherwise entitled.
C. to redress the deprivation under color of state law of any right secured by the
Constitution of the United States.
D. (a) and (b).
E. (a), (b) and (c).
56. In a suit predicated upon diversity jurisdiction, the Court:

A. determines jurisdiction by examining the citizenship of the parties at the time

the action is commenced.
B. is bound by the plaintiffs allegations of citizenship, and alignment of parties.
C. must accept jurisdiction in all cases between citizens of different states.
D. (a) and (c).
57. A citizen of Florida may bring an action against the following individuals and
maintain diversity jurisdiction:

A. a United States citizen who maintains a domicile in Mexico.

B. a citizen of Georgia who moved to Florida six months after being served with the
complaint.
C. c) a corporation which is incorporated in New York and has its principal place of
business in Miami.

58. Plaintiff, a citizen of Florida, sues a New York corporation with its principal place of
business in New York for $20,000 in Dade County Circuit Court for a claim not
involving a federal question. Defendant files a timely notice to remove and the
plaintiff moves to remand.

A. Since only the defendant may move to remand, the motion should be denied.
B. Remand must be granted for lack of diversity.
C. Denied as removal is proper.
D. Motion to remand granted because plaintiff has not alleged the minimum
jurisdictional amount.
59. Plaintiff, a citizen of Florida, sues a New York corporation with its principal place of
business in New Jersey, that is doing business in Florida. Plaintiff also sues the
president of the corporation, a citizen of New Jersey. The amount in controversy
exceeds $75,000. The defendants file a timely notice of removal to remove the case
from the Dade County Circuit Court. Plaintiff moves to remand.

A. The motion is denied as there is complete diversity, and the minimum

jurisdictional amount is satisfied.
B. The motion is granted.
C. The motion is granted because the corporations principal place of business is
not in Florida.
D. The motion is granted because the plaintiff is a citizen of Florida.
60. For diversity jurisdiction, a corporation is a citizen of:

A. the states of incorporation and principal place of business.
B. the state where the majority of stockholders reside.
C. any state where it is doing business.
D. both (a) and (c).

61. Plaintiff X, a citizen of New York, fell while she was in Florida on a tour of Y
Corporation which is incorporated in Florida and has its principal place of business in
Florida. X sustained more than $75,000 in injuries and eventually returned to New
York. The proper venue for suit is:

A. a U.S. District Court in New York.

B. a U.S. District Court in Florida.
C. a U.S. District Court where a majority of Ys corporate shareholders reside.
E. (a), (b) and (c).
62. Where a criminal defendant is charged with an offense which began in one district
and ended in another, the proper venue is governed by:

A. the defendants place of residence.

B. the place the event began.
C. the place the event ended.
D. either (b) or (c).

APPELLATE PROCEDURE
TRUE OR FALSE:
Certain post-judgments motions toll the time for the filing of the Notice of Appeal such
that the time to file an appeal runs for all parties from the entry of the order disposing
of the last such remaining motion. Which of these are such motions? (Yes or No)

63.
MOTION for judgment as a matter of law- yes or no
64.
Motion to amend or make additional factual findings- yes or no
65.
Motion to amend the judgment or for a new trial- yes or no
66.
Motion for attorney fees- yes or no
67.
Motion for relief of judgment- yes or no
68.
Motion for summary judgment- yes or no
69. The tolling rule described in question number #63 does not apply in criminal cases;

70. There are exceptions to the general rule that only final decisions are appealable:

A. in the case of collateral orders and preliminary injunctions;

B. in the case of preliminary injunctions and appeals from orders denying
arbitration;
C. in the case of Motion for summary judgment and foreign sovereign immunity;



FILL IN THE BLANKS:
71. 65. For Private parties Notice of Appeal must be filed within ______days of entry of
judgment or order appealed from
72. US or federal entity as party Notice of Appeal must be filed within ________ days
73. Multiple Parties - If one party timely files a notice of appeal, any other party may file
a notice of appeal within _____ days after the date when the first notice was filed, or
within the time otherwise prescribed by this Rule 4(a), whichever period ends later.
74. A party has at least _____ days to file a N/A from the first timely filed appeal, even if
it falls outside the 30 or 60 day period prescribed by the Rule.

In criminal cases:
75. Defendant Notice of Appeal must be filed in the district court within _____ days after the
later of: (i) the entry of either the judgment or the order being appealed; or (ii) the filing of
the governments Notice
76. Government Notice of Appeal must be filed in the district court within _____ days
after the later of: (i) the entry of the judgment or order being appealed; or (ii) the
filing of a notice of appeal by any defendant.


77. The cover of the appellant's principal brief must be color ______;
The appellee's principal and response brief, must be color ________;
The appellant's response and reply brief, must be color __________;
The appellee's reply brief, must be color __________;
The intervenor's or amicus curiae's brief, must be color _________;
And any supplemental brief, must be color_______;
The appendix must be color __________.

78. The appellant's principal brief must not exceed _____ pages;
The appellee's principal and response brief, _____ pages;
The appellant's response and reply brief, ____ pages;
And the appellee's reply brief, _____ pages.


ETHICS

79. Alpha is a member of the bar in State First and is also licensed as a stockbroker in
State Second. In his application for renewal of his stockbrokers license in State
Second, Alpha knowingly filed a false financial statement. Is Alpha subject to
discipline in State First for so doing?

A. Yes, because his actions involve dishonesty or misrepresentation.

B. Yes, but only if he is first convicted of a criminal offense in State Second.
C. No, because his action was not in his capacity as an attorney.
D. No, because his action was not in State First.

80. Attorney is a sole practitioner whose practice is largely in the areas of tax, wills,
estates, and trusts. Attorney learned of a new Internal Revenue Service (IRS)
regulation that probably affects the trust provisions in a will she prepared for
Testatrix two years ago. Attorney has not represented Testatrix since she drew the
will.
Is Attorney subject to discipline if she calls Testatrix and advises her of the new IRS
ruling and the need to revise the will?

A. Yes, if Attorney has any reason to believe that Testatrix has another lawyer.
B. Yes, because Attorney would be soliciting legal business from a person who is
not a current client.
C. No, provided Attorney does not thereafter prepare a new will for Testatrix.
D. No, because Testatrix is a former client of Attorney.


81. Deft retained Attorney to appeal Defts criminal conviction and to seek bail pending
appeal. The agreed fee for the appearance on the bail hearing was $50 per hour.
Attorney received $800 from Deft of which $300 was a deposit to secure Attorneys
fee and $500 was for bail costs in the event that bail was obtained. Attorney
maintained two office bank accounts: a Fee Account, in which all fees were
deposited and from which all office expenses were paid, and a Clients Fund
Account. Attorney deposited the $800 in the Clients Fund Account the week
before the bail hearing. Attorney expended six hours of time on the bail hearing. The
effort to obtain bail was unsuccessful. Dissatisfied, Deft immediately demanded
return of the $800.
It is now proper for Attorney to:

A. transfer the $800 to the Fee Account.

B. transfer $300 to the Fee Account and leave $500 in the Clients Fund
Account until Attorneys fee for the final appeal is determined.
C. transfer $300 to the Fee Account and send Deft a $500 check on the Clients
Fund Account.
D. send Deft a $500 check and leave $300 in the Clients Fund Account until the
matter is resolved with Deft.


82. Attorney represented Landlord in a variety of matters over several years. Plaint, an
elderly widow living on public assistance, filed suit against Landlord alleging that
Landlord withheld without justification the security deposit on a rental unit that
Plaint vacated three years ago. She brought the action for herself, without counsel,
in small claims court. Attorney investigated the claim and learned that it was legally
barred by the applicable statute of limitations, although Plaints underlying claim
was meritorious. Attorney told Landlord of the legal defense, but emphasized that
Plaints claim was just and that, in all fairness, the security deposit should be
returned to Plaint. Attorney told Landlord:
I strongly recommend that you pay Plaint the full amount with interest. It is
against your long-term business interests to be known in the community as a
landlord who routinely withholds security deposits even though the tenant leaves
the apartment in good condition. Paying the claim now will prevent future
headaches for you.
Was Attorneys conduct proper?
A. Yes, if Landlord did not object to Attorneys advice and paid Plaints claim.
B. Yes, because Attorney may refer to both legal and nonlegal considerations in
advising a client.
C. No, unless Attorneys engagement letter informed Landlord that Attorneys
advice on the matter would include both legal and nonlegal considerations.
D. No, because in advising Landlord to pay the full claim, Attorney failed to
represent zealously Landlords legal interests.


83. Attorney wants to make it easier for her clients to pay their bills for her fees Which
of the following would be proper for Attorney?
I. Accept bank credit cards in payment of Attorneys fees.
II. Arrange for clients to obtain bank loans for the purpose of paying Attorneys
fees.
III. If a case is interesting, suggest that the client give Attorney publication rights

concerning the case as partial payment of the fee.

A. II only
B. I and II, but not III
C. I, II, and III
D. Neither I, II, nor III

84. 74. While an assistant district attorney, Attorney Alpha was in charge of the
presentation before a grand jury of evidence that led to an indictment charging
thirty-two defendants with conspiracy to sell controlled drugs. Shortly after the
grand jury returned the indictments, Alpha resigned as assistant district attorney and
became an associate in the law office of Attorney Beta, a sole practitioner. At the
time of such association, Beta was the attorney for Deft, one of the indicted
codefendants.
Is it proper for Attorney Beta to continue to represent Deft?
A. Yes, if Alpha does not reveal to Beta any confidence or secret learned while an
assistant district attorney.
B. Yes, because a public prosecutor must make timely disclosure to the defense
attorney of any exculpatory evidence.
C. No, unless Alpha agrees not to participate in the representation of Deft.
D. No, because Alpha had substantial responsibility for the indictment of Deft.


85. Attorney filed an action on behalf of Client for breach of contract. In fact, Client had
no legal basis for the suit, but wanted to harass Defendant. In order to induce
Attorney to file the action, Client made certain false statements of material fact to
Attorney, which Attorney included in the complaint filed against Defendant.
At the trial of the case, Client took the stand and testified as set forth in the
complaint. The trial court ordered judgment for Client. After entry of judgment,
Client wrote Attorney a letter marked Confidential, in which Client admitted that
she had lied to Attorney and had testified falsely in the case.
Upon complaint of Defendant, who claimed Attorney had knowingly used false
testimony in the case of Client v. Defendant, disciplinary proceedings were instituted
against Attorney.
Is it proper for Attorney to use Clients letter to Attorney in Attorneys defense in the
disciplinary proceedings?
A. Yes, if it is necessary to do so in order to protect Attorneys rights.
B. Yes, because Client had committed a fraud on the court in which the case was
tried.
C. No, because Attorney learned the facts from Client in confidence.
D. No, if disclosure by Attorney could result in Clients prosecution for perjury.


86. Attorneys advertisement in the local newspaper includes the following information,
all of which is true:
I.
Attorney, B.A., magna cum laude, Eastern College; J.D., summa cum
laude, State Law School; LL.M., Eastern Law School.
II.
My offices are open Monday through Friday from 9:00 a.m. to 5:00 p.m.,
but you may call my answering service twenty-four hours a day, seven
days a week.
III.
I speak modern Greek fluently.
For which, if any, of these statements is Attorney subject to discipline?

A. III only
B. I and II, but not III
C. I, II, and III
D. Neither I, II, nor III

87. The law firm of Alpha and Beta has a radio commercial which states:
Do you have a legal problem? Are you being sued? Consult Alpha and Beta,
licensed attorneys at law. Initial conference charge is $25 for one hour. Act now
and protect your interests. Call at 1234 Main Street; telephone area code (101)
123-4567.
Are Alpha and Beta subject to discipline for the commercial?
A. Yes, because the qualifications of the lawyers are not stated.
B. Yes, because the radio broadcast may encourage litigation.
C. No, if all the statements in the radio broadcast are true.
D. No, unless the radio broadcast is heard outside the state in which they are
licensed.


88. Attorney Alpha currently represents Builder, a building contractor who is the plaintiff
in a suit to recover for breach of a contract to build a house. Builder also has pending
before the zoning commission a petition to rezone property Builder owns. Builder is
represented by Attorney Beta in the zoning matter.
Neighbor, who owns property adjoining that of Builder, has asked Alpha to represent
Neighbor in opposing Builders petition for rezoning. Neighbor knows that Alpha
represents Builder in the contract action.
Is it proper for Alpha to represent Neighbor in the zoning matter?

A. Yes, if there is no common issue of law or fact between the two matters.
B. Yes, because one matter is a judicial proceeding and the other is an
administrative proceeding.
C. No, because Alpha is currently representing Builder in the contract action.
D. No, if there is a possibility that both matters will be appealed to the same court.

BANKRUPTCY
TRUE O R F ALSE
89. In a liquidation under Chapter 7 of the Bankruptcy Code, the person (or corporation)
in charge of gathering together the assets of the estate and distributing them to the
claimants is called the trustee.

90. A party has 14 days to file an appeal from the entry of an order, judgment or decree
of the Bankruptcy judge to file an appeal there from.

91. Appeals are filed only in the District Court or in the First Circuit of Appeal

92. If 1334 diversity is available, claims related to bankruptcy cases may be removed to
District Court.

93. For the automatic stay to operate there needs to be a court order and all creditors
must have notice of the bankruptcy filing.

94. Section 341 provides the basic guidelines for meetings of creditors in any case under
the Bankruptcy Code, irrespective of whether the case arises in the context of a
straight bankruptcy liquidation (chapter 7), a municipal debt adjustment (chapter 9),
a reorganization (chapter 11), adjustment of debts of a family farmer with regular
annual income (chapter 12) or an adjustment of debts of an individual with regular
income (chapter 13).

95. After the date set for 341 meeting of creditors, all creditors will have 90 days to file
complaints in relation to discharge.


96. The stay imposed by section 362 of the Bankruptcy Code, operates as follows:
A. Upon order from the Bankruptcy Court, it will stay actions against the debtor for
collection of money, foreclosure of mortgage and child custody.
B. Upon order from the Bankruptcy Court, it will stay actions against the debtor for
enforcement of government regulations, determination of paternity and division
of property after divorce.
C. Upon filing of voluntary petition, it will stay actions against the debtor for
mortgage foreclosure, setoff and enforcement of liens.
D. Upon filing of voluntary petition, it will stay actions against the debtor for
collection of money, determination of child support and attachments of property
of the debtor.
97. The following credits have priorities under the Bankruptcy Code, in the respective
order that they are listed:
A. DSO, Administrative Expenses, Taxes.
B. Wages and salaries, DSO, Taxes.
C. DSO, Taxes, Administrative Expenses.
D. Administrative Expenses, DSO, Taxes.
E. Administrative Expenses, Personal injury claims due to drunk driving, Wages and
Salaries.
98. This will not happen in a Chapter 7 case:

A. The trustee may abandon property of the estate that is burdensome.
B. The Debtor-In-Possession sells all of the assets of the bankruptcy estate to
distribute the proceeds among the creditors.
C. The proceeds of the sale of assets are distributed according to the priorities of
section 507.
D. The trustee may request a creditor to return money that he received from the
debtor outside of the ordinary course of business during a 90 day period before
the filing of the bankruptcy.

99. Which one is not a cause for conversion or dismissal of a chapter 11 case:
A. Failure to comply with a court order.
B. Failure to pay post-petition domestic support obligations.
C. Failure to maintain appropriate insurance.
D. Gross mismanagement of the estate.
E. Failure to comply with the requirements of the Means Test.
F. Unexcused failure to timely file the reports of entities over which the debtor holds a
substantial or controlling interest.
G. Material default with the confirmed plan.

100.

In general, all of these debts can be discharged in bankruptcy:
A. Credit card debt, government student loans, auto loan.

B. Mortgage loan, personal loan, domestic support obligations.
C. Criminal restitution, lease payments, asset backed loan obligations.
D. Taxes, consumer loans, property distribution after divorce.
E. Salaries, accounts payable to suppliers, judgment for medical malpractice.


PRLR - Federal Bar Exam Spring 2015

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Federal

Bar Practice Exam

A. blind random basis;

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A. The Court will figure it out for Attorney G

A. Social Security Numbers

A. Yes, it is attached to the motion and properly before the Court

Prohibida la reproduccin completa o parcial

6. Attorney G has failed to answer Attorney Ps requests for production of documents

A. The motion is related to a discovery dispute and should be immediately brought

8. Who is permitted to examine potential jurors in federal civil trials?

A. The judge only

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9. A summary judgment motion was referred to a Federal Magistrate. The Magistrate

A. Prepare and provide a written mediation statement to the mediator

A. a memorandum of law citing supporting authorities.

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14. A party who desires oral argument or a hearing of any motion:

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15. A motion for summary judgment must be accompanied by:

A. a) a thorough statement of the material facts addressed in the motion, which

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16. Which of the following is a true statement (in a criminal case)?

17. A warrant may be executed or summons may be served:

A. only in the district in which it is issued.

18. Failure to respond to a summons is grounds for:

A. being held in contempt of court.

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A. shall be taken without unnecessary delay before a federal Magistrate Judge.

20. The court may permit an amendment to:

A. a) an information before a verdict is returned if the amendment does not charge

21. At a preliminary examination, the defendant may:

A. introduce evidence in his own behalf.

Prohibida la reproduccin completa o parcial

22. An arrested person may be tried only by:

A. a United States Magistrate Judge.

A. The admission may never be used against a defendant.

24. A subpoena in a criminal case may be served:

A. only within the district in which it was issued.

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25. A criminal defendant may waive a jury trial:

26. The number of persons required on a jury in a criminal trial:

27. The examination of prospective jurors:

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A. may be used against an alternate juror only.

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32. 32. As prosecutor of the cause, a government attorney is always entitled to

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A. a) Grand jury matters.

35. The party calling a witness:

A. may not attack the credibility of the partys own witness.

A. related at least peripherally to a charge, claim or defense.

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38. Evidence of conduct or statements made in compromise negotiations may be

A. proving the amount in controversy in the case.

39. Hearsay is not admissible, subject to a number of exceptions. Which is not an

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A. motion for Judgment on the Pleadings.