California Bar Exam Test bank (Latest 2026/ 2027
Update) over 600 Verified Questions & Answers |
Grade A (100% Correct Elaborations)
CA Exceptions to Concurrent Conflicts
May still represent where there is informed written consent.
Written Disclosure
Lawyer may still represent client with only written disclosure where the conflict results from the
lawyer's relationship with a party or witness in the same matter. ABA requires written consent.
Aggregate Settlements
A lawyer who represents two or more clients shall not participate in making an aggregate
settlement of the claims or an aggregate plea unless each client gives informed written consent.
Insurance (California Rule)
Lawyers are permitted to represent both insurers and clients whereby the insurer has the
contractual right to select counsel for the insured, resulting in no conflict of interest.
Community Property Definition
All property, real or personal, wherever situated, acquired by a married person during marriage
while domiciled in California, which is not classified as separate property.
drj
,California Bar Exam Test bank (Latest 2026/ 2027
Update) over 600 Verified Questions & Answers |
Grade A (100% Correct Elaborations)
Separate Property
Property owned by either spouse before marriage, and/or property acquired by gift, bequest,
devise, or descent, and the rents, issues, and profits obtained from any separate property.
Quasi-Community Property
Property, real or personal, wherever situated, acquired by either spouse while domiciled
elsewhere, which would have been CP if acquired while domiciled in California.
Quasi-Marital Property
Property obtained during void or voidable marriage which would have been CP if the marriage
was valid.
Hearsay Definition
An out of court statement offered for the truth of the matter asserted.
General Hearsay Rule
Hearsay is inadmissible unless an exception applies
Common Law vs. UCC
drj
,California Bar Exam Test bank (Latest 2026/ 2027
Update) over 600 Verified Questions & Answers |
Grade A (100% Correct Elaborations)
UCC covers all contracts for the sale of goods. Common law governs all other contracts.
UCC Trigger
Sale of goods, which are movable, tangible property.
UCC Merchant
A UCC merchant is someone who deals in goods of the kind or holding oneself out to have
special knowledge or skills. Special rules apply for merchants.
Non-Hearsay - Admission by Party Opponent
A party admission is any statement made by a party, and it may be offered against him. Need not
be against interest. This is an exception, not exclusion, under CEC.
Duty of Confidentiality (General Rule)
A lawyer shall not reveal information relating to the representation of a client, unless the client
gives informed consent.
Duty of Confidentiality (ABA Only Exceptions)
Implied authorization, reasonably necessary to prevent death or substantial bodily harm, to
prevent, mitigate or rectify crime or fraud resulting in substantial financial injury if client has
used lawyer's services to do so, to secure legal advice about lawyer's compliance with rules, to
drj
, California Bar Exam Test bank (Latest 2026/ 2027
Update) over 600 Verified Questions & Answers |
Grade A (100% Correct Elaborations)
establish claim or defense between lawyer and client and to comply with another law or court
order.
Duty of Confidentiality (CA - Death or Bodily Injury)
Optional and only after making good faith effort to dissuade and informing client of lawyer's
ability to report.
Transmutation Rules (Names of Three Stages and Dates)
Lucas (at death and prior to 1984), Anti-Lucas I (from 1984 to 1986), Anti-Lucas II (from 1987
to present)
Lucas
At death and at divorce prior to 1984 - All jointly held title presumed to be CP with no right to
reimbursement without agreement to the contrary. Gift from SP to CP presumed.
Anti-Lucas I
At divorce from 1984 to 1986 - Property titled as joint tenants by husband and wife presumed to
be CP, unless clear statement in deed or written agreement that is SP, with reimbursement.
Anti-Lucas II
At divorce after 1986 - Any jointly held title by husband and wife is presumed to be CP, unless
clear statement in the deed or a written agreement that is SP, with reimbursement.
drj
Update) over 600 Verified Questions & Answers |
Grade A (100% Correct Elaborations)
CA Exceptions to Concurrent Conflicts
May still represent where there is informed written consent.
Written Disclosure
Lawyer may still represent client with only written disclosure where the conflict results from the
lawyer's relationship with a party or witness in the same matter. ABA requires written consent.
Aggregate Settlements
A lawyer who represents two or more clients shall not participate in making an aggregate
settlement of the claims or an aggregate plea unless each client gives informed written consent.
Insurance (California Rule)
Lawyers are permitted to represent both insurers and clients whereby the insurer has the
contractual right to select counsel for the insured, resulting in no conflict of interest.
Community Property Definition
All property, real or personal, wherever situated, acquired by a married person during marriage
while domiciled in California, which is not classified as separate property.
drj
,California Bar Exam Test bank (Latest 2026/ 2027
Update) over 600 Verified Questions & Answers |
Grade A (100% Correct Elaborations)
Separate Property
Property owned by either spouse before marriage, and/or property acquired by gift, bequest,
devise, or descent, and the rents, issues, and profits obtained from any separate property.
Quasi-Community Property
Property, real or personal, wherever situated, acquired by either spouse while domiciled
elsewhere, which would have been CP if acquired while domiciled in California.
Quasi-Marital Property
Property obtained during void or voidable marriage which would have been CP if the marriage
was valid.
Hearsay Definition
An out of court statement offered for the truth of the matter asserted.
General Hearsay Rule
Hearsay is inadmissible unless an exception applies
Common Law vs. UCC
drj
,California Bar Exam Test bank (Latest 2026/ 2027
Update) over 600 Verified Questions & Answers |
Grade A (100% Correct Elaborations)
UCC covers all contracts for the sale of goods. Common law governs all other contracts.
UCC Trigger
Sale of goods, which are movable, tangible property.
UCC Merchant
A UCC merchant is someone who deals in goods of the kind or holding oneself out to have
special knowledge or skills. Special rules apply for merchants.
Non-Hearsay - Admission by Party Opponent
A party admission is any statement made by a party, and it may be offered against him. Need not
be against interest. This is an exception, not exclusion, under CEC.
Duty of Confidentiality (General Rule)
A lawyer shall not reveal information relating to the representation of a client, unless the client
gives informed consent.
Duty of Confidentiality (ABA Only Exceptions)
Implied authorization, reasonably necessary to prevent death or substantial bodily harm, to
prevent, mitigate or rectify crime or fraud resulting in substantial financial injury if client has
used lawyer's services to do so, to secure legal advice about lawyer's compliance with rules, to
drj
, California Bar Exam Test bank (Latest 2026/ 2027
Update) over 600 Verified Questions & Answers |
Grade A (100% Correct Elaborations)
establish claim or defense between lawyer and client and to comply with another law or court
order.
Duty of Confidentiality (CA - Death or Bodily Injury)
Optional and only after making good faith effort to dissuade and informing client of lawyer's
ability to report.
Transmutation Rules (Names of Three Stages and Dates)
Lucas (at death and prior to 1984), Anti-Lucas I (from 1984 to 1986), Anti-Lucas II (from 1987
to present)
Lucas
At death and at divorce prior to 1984 - All jointly held title presumed to be CP with no right to
reimbursement without agreement to the contrary. Gift from SP to CP presumed.
Anti-Lucas I
At divorce from 1984 to 1986 - Property titled as joint tenants by husband and wife presumed to
be CP, unless clear statement in deed or written agreement that is SP, with reimbursement.
Anti-Lucas II
At divorce after 1986 - Any jointly held title by husband and wife is presumed to be CP, unless
clear statement in the deed or a written agreement that is SP, with reimbursement.
drj
