QLD BAR ACTUAL EXAM PAPER 2026
QUESTIONS WITH ANSWERS GRADED A+
◍ Statute of Frauds.
Answer: Contracts that are unenforceable unless in writing - Marriage,
Interest in real property over a year, Promise to pay debt of another,
Contract incapable of being performed within one year of making, Sale of
goods $500 or more.
◍ Deep Rock Doctrine.
Answer: If corporation is insolvent, third party creditors may be paid off
before shareholder creditors, subordinating shareholder claims.
◍ A Warrant Must.
Answer: Based on probable cause, issued by a neutral magistrate, describe
the premises to be searched and items to be seized.
◍ Plain View Doctrine.
Answer: Items in plain view don't require a warrant to search, as long as
view is from place where gov't has a right to be.
◍ SP of Non-Debtor Spouse May Be Liable For.
Answer: Necessaries of life for the spouse or child.
◍ Establishment Clause.
Answer: Prohibits government from endorsing or favoring a specific
religious group. Lemon test.
◍ Exigent Circumstances.
Answer: Police may conduct search without warrant if they have probable
cause and is necessary to prevent destruction of evidence, imminent injury
or in hot pursuit.
◍ Hearsay Exception: Dying Declaration.
, Answer: Statement made by declarant while believing death was imminent
and concerning the cause or circumstances of his impending death.
◍ California Partnership Law.
Answer: Governed by RUPA, some provisions cannot be waived by
partnership agreement, like duty of loyalty.
◍ Sexual Relations With Client (CA).
Answer: Allowed if lawyer does not: require or demand sex as condition of
representation, coerce client, allow incompetence because of sex. These do
not apply if sexual relations predate representation.
◍ For CP, When is Spousal/Child Support Debt Incurred?.
Answer: Considered to be pre-marriage regardless of reaility
◍ Compelled Physical and Mental Examinations.
Answer: Must apply to court for order, show good cause. Get one physical
exam in CA, but lawyer present.
◍ Incorporation By Reference Special Rule for Limited Tangible Personal
Property.
Answer: Writing may be admitted even if not incorporated by reference if
referred to in the will, is dated and in testator handwriting or signed,
describes items and beneficiaries, each item worth no more than $5 and
$25k in total.
◍ Re-Mirandize?.
Answer: Must be significant break in custody, 14 days
◍ Final Judgment Rule.
Answer: Only final judgments can be appealed.
◍ Lay Witness Opinion Testimony.
Answer: Admissible if based on witness's perceptions and helpful to trier of
fact. Under FRE, not based on scientific or specialized knowledge.
◍ Severance of Joint Criminal Trial.
Answer: While courts prefer joint trials for judicial economy, will serve if
, substantial prejudice to one of the defendants.
◍ Shareholder Voting - Fundamental Changes to a Corporation.
Answer: Need majority shareholder vote
◍ Character Evidence Admissibility Generally in Civil Case.
Answer: Not admissible to prove conduct in conformity with that character
trait on a particular occasion, but is admissible when character is at issue.
◍ Preliminary Issues to Address in Con Law Question.
Answer: Standing, Ripeness, State Action
◍ When Attorney's Fees Disputed, What to Do With Funds?.
Answer: Keep disputed portion in client funds account
◍ Section 16(b).
Answer: Any short-swing profits in a six month period by a corporate inside
must be disgorged to the corporation. Corp must be on national exchange,
have $10mil and 500 shareholders
◍ Felony Murder Rule - Is Defendant Liable for Death of Co-Felon by
Nonfelon?.
Answer: Most courts say no.
◍ Order of Interpretation of Ambiguous Terms (UCC).
Answer: Course of performance, course of dealing, usage of trade
◍ Effect of Attorney Work Product on Discovery.
Answer: Generally not discoverable, unless substantial need and inability to
obtain any other way
◍ Elements of Joint Tenancy.
Answer: Unities of time, title, interest and right to possess, with express
right to survivorship
◍ Summary Judgment Standard.
Answer: Moving party must establish no genuine issue of material fact and
entitled to judgment as a matter of law.
, ◍ Trespass to Chattels Elements.
Answer: Intentional interference with a person's use or possession of a
chattel.
◍ BFP Shelter Rule.
Answer: One who takes from a BFP stands in the shoes of the BFP
◍ What Is an Illusory Promise?.
Answer: A promise not supported by consideration and therefore
unenforceable.
◍ Three Non-Contract Defenses to Contract Enforcement.
Answer: Impossibility, impracticability, frustration of purpose
◍ Specific Gift Adeems by Extinction Exceptions.
Answer: Entitled to general pecuniary gift where specific gift involved
securities which changed form, a conservator that sold the property, or
eminent domain
◍ Privacy Torts: Appropriation of Picture or Name.
Answer: Unauthorized use of plaintiff's picture or name for commercial
advantage
◍ Joint Co-Defendants and Confrontation.
Answer: Where to defendants jointly tried and one confesses, right to
confront prohibits use of that statement against the other defendant unless
redactable or co-defendant takes stand.
◍ Federal Venue.
Answer: Where claim arose or all defendants reside (or any if multiple). If
relating to land, then where land is.
◍ Order of Abatement.
Answer: Property not disposed off by will, residuary, general to
nonrelatives, general to relatives, specific to nonrelatives, specific to
relatives
◍ Defamation Generally.
QUESTIONS WITH ANSWERS GRADED A+
◍ Statute of Frauds.
Answer: Contracts that are unenforceable unless in writing - Marriage,
Interest in real property over a year, Promise to pay debt of another,
Contract incapable of being performed within one year of making, Sale of
goods $500 or more.
◍ Deep Rock Doctrine.
Answer: If corporation is insolvent, third party creditors may be paid off
before shareholder creditors, subordinating shareholder claims.
◍ A Warrant Must.
Answer: Based on probable cause, issued by a neutral magistrate, describe
the premises to be searched and items to be seized.
◍ Plain View Doctrine.
Answer: Items in plain view don't require a warrant to search, as long as
view is from place where gov't has a right to be.
◍ SP of Non-Debtor Spouse May Be Liable For.
Answer: Necessaries of life for the spouse or child.
◍ Establishment Clause.
Answer: Prohibits government from endorsing or favoring a specific
religious group. Lemon test.
◍ Exigent Circumstances.
Answer: Police may conduct search without warrant if they have probable
cause and is necessary to prevent destruction of evidence, imminent injury
or in hot pursuit.
◍ Hearsay Exception: Dying Declaration.
, Answer: Statement made by declarant while believing death was imminent
and concerning the cause or circumstances of his impending death.
◍ California Partnership Law.
Answer: Governed by RUPA, some provisions cannot be waived by
partnership agreement, like duty of loyalty.
◍ Sexual Relations With Client (CA).
Answer: Allowed if lawyer does not: require or demand sex as condition of
representation, coerce client, allow incompetence because of sex. These do
not apply if sexual relations predate representation.
◍ For CP, When is Spousal/Child Support Debt Incurred?.
Answer: Considered to be pre-marriage regardless of reaility
◍ Compelled Physical and Mental Examinations.
Answer: Must apply to court for order, show good cause. Get one physical
exam in CA, but lawyer present.
◍ Incorporation By Reference Special Rule for Limited Tangible Personal
Property.
Answer: Writing may be admitted even if not incorporated by reference if
referred to in the will, is dated and in testator handwriting or signed,
describes items and beneficiaries, each item worth no more than $5 and
$25k in total.
◍ Re-Mirandize?.
Answer: Must be significant break in custody, 14 days
◍ Final Judgment Rule.
Answer: Only final judgments can be appealed.
◍ Lay Witness Opinion Testimony.
Answer: Admissible if based on witness's perceptions and helpful to trier of
fact. Under FRE, not based on scientific or specialized knowledge.
◍ Severance of Joint Criminal Trial.
Answer: While courts prefer joint trials for judicial economy, will serve if
, substantial prejudice to one of the defendants.
◍ Shareholder Voting - Fundamental Changes to a Corporation.
Answer: Need majority shareholder vote
◍ Character Evidence Admissibility Generally in Civil Case.
Answer: Not admissible to prove conduct in conformity with that character
trait on a particular occasion, but is admissible when character is at issue.
◍ Preliminary Issues to Address in Con Law Question.
Answer: Standing, Ripeness, State Action
◍ When Attorney's Fees Disputed, What to Do With Funds?.
Answer: Keep disputed portion in client funds account
◍ Section 16(b).
Answer: Any short-swing profits in a six month period by a corporate inside
must be disgorged to the corporation. Corp must be on national exchange,
have $10mil and 500 shareholders
◍ Felony Murder Rule - Is Defendant Liable for Death of Co-Felon by
Nonfelon?.
Answer: Most courts say no.
◍ Order of Interpretation of Ambiguous Terms (UCC).
Answer: Course of performance, course of dealing, usage of trade
◍ Effect of Attorney Work Product on Discovery.
Answer: Generally not discoverable, unless substantial need and inability to
obtain any other way
◍ Elements of Joint Tenancy.
Answer: Unities of time, title, interest and right to possess, with express
right to survivorship
◍ Summary Judgment Standard.
Answer: Moving party must establish no genuine issue of material fact and
entitled to judgment as a matter of law.
, ◍ Trespass to Chattels Elements.
Answer: Intentional interference with a person's use or possession of a
chattel.
◍ BFP Shelter Rule.
Answer: One who takes from a BFP stands in the shoes of the BFP
◍ What Is an Illusory Promise?.
Answer: A promise not supported by consideration and therefore
unenforceable.
◍ Three Non-Contract Defenses to Contract Enforcement.
Answer: Impossibility, impracticability, frustration of purpose
◍ Specific Gift Adeems by Extinction Exceptions.
Answer: Entitled to general pecuniary gift where specific gift involved
securities which changed form, a conservator that sold the property, or
eminent domain
◍ Privacy Torts: Appropriation of Picture or Name.
Answer: Unauthorized use of plaintiff's picture or name for commercial
advantage
◍ Joint Co-Defendants and Confrontation.
Answer: Where to defendants jointly tried and one confesses, right to
confront prohibits use of that statement against the other defendant unless
redactable or co-defendant takes stand.
◍ Federal Venue.
Answer: Where claim arose or all defendants reside (or any if multiple). If
relating to land, then where land is.
◍ Order of Abatement.
Answer: Property not disposed off by will, residuary, general to
nonrelatives, general to relatives, specific to nonrelatives, specific to
relatives
◍ Defamation Generally.
