Texas Bar Exam — Questions and Answers

Question 1: Under the pleading standard established in Twombly and Iqbal, what must a federal complaint contain to survive a Rule 12(b)(6) motion to dismiss?

Sufficient factual matter to state a claim for relief that is plausible on its face (Correct answer)
Detailed factual allegations establishing each element of every claim
A short and plain statement showing the pleader is entitled to relief under any possible theory
Specific facts proving the defendant acted with malice or fraudulent intent

Correct answer: Sufficient factual matter to state a claim for relief that is plausible on its face

Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly require a complaint to contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.

Question 2: Seborrhea is a scalp condition caused by:

Overactive sebaceous glands producing excess oil (Correct answer)
Underactive sebaceous glands producing insufficient oil
Allergic reaction to hair care products
Fungal overgrowth of Malassezia on dry scalp

Correct answer: Overactive sebaceous glands producing excess oil

Seborrhea results from overactive sebaceous glands that produce excessive sebum (oil), leading to an oily scalp and skin condition.

Question 3: Under Texas law, what is the primary threshold eligibility requirement for an award of spousal maintenance?

The requesting spouse earned less income during the marriage
The marriage lasted at least 10 years and the requesting spouse lacks sufficient property to provide for minimum reasonable needs (Correct answer)
A finding of marital fault on the part of the paying spouse is required
Either spouse may request maintenance in any divorce

Correct answer: The marriage lasted at least 10 years and the requesting spouse lacks sufficient property to provide for minimum reasonable needs

Texas Family Code §8.051 generally requires a marriage of at least 10 years and that the claimant spouse lack sufficient property, including their separate property, to meet minimum reasonable needs.

Question 4: Under Texas premises liability law, what duty does a landowner owe to an adult trespasser?

A duty to warn of known, concealed dangerous conditions that pose an unreasonable risk of serious harm (Correct answer)
The highest duty — to inspect the land and make all conditions safe
No duty whatsoever — landowners owe nothing to trespassers under any circumstances
The same duty of reasonable care owed to licensees

Correct answer: A duty to warn of known, concealed dangerous conditions that pose an unreasonable risk of serious harm

Texas landowners owe adult trespassers a duty to warn of known concealed dangerous conditions posing unreasonable risk of death or serious bodily harm.

Question 5: A barber client shares personal information about a family conflict during a service. The barber later discusses this with other clients in the shop. This behavior violates which professional principle?

Client confidentiality and trust (Correct answer)
Texas TDLR advertising rules
Booth rental agreements
Scope of practice guidelines

Correct answer: Client confidentiality and trust

Barbers are ethically obligated to maintain client confidentiality and not share personal information disclosed during services.

Question 6: A lease agreement states: 'This lease is contingent upon the tenant obtaining financing by March 1.' The tenant cannot obtain financing by that date. What type of condition is this, and what is the legal effect?

Condition subsequent; the lease continues unless affirmatively terminated
Condition precedent; the tenant's duty to perform the lease never arises (Correct answer)
Constructive condition; the landlord must perform first
Implied condition; the tenant may waive it unilaterally without consequence

Correct answer: Condition precedent; the tenant's duty to perform the lease never arises

A condition precedent is an event that must occur before a contractual duty arises; failure of the condition means the duty never comes into existence.

Question 7: Under FRCP Rule 15(a)(1), when may a party amend a pleading as a matter of course, without leave of court?

At any time before trial as long as the opposing party will not be prejudiced
Within 21 days after serving the pleading, or within 21 days after service of a responsive pleading or a Rule 12(b), (e), or (f) motion (Correct answer)
Only within 10 days after the opposing party files its answer
Only before the opposing party has made any appearance in the case

Correct answer: Within 21 days after serving the pleading, or within 21 days after service of a responsive pleading or a Rule 12(b), (e), or (f) motion

FRCP 15(a)(1) allows one amendment as a matter of course within 21 days after serving the pleading or within 21 days after service of a responsive pleading or a Rule 12 motion, whichever is earlier.

Question 8: What does the term 'sanitation' mean in the context of Texas barbershop regulations?

Reducing microbial contamination to a safe level (Correct answer)
Complete destruction of all microorganisms including spores
Sterilizing implements in an autoclave
Removing visible dirt and debris only

Correct answer: Reducing microbial contamination to a safe level

Sanitation refers to reducing the number of pathogens on a surface to a safe, public-health level, which is a lower standard than sterilization.

Question 9: What is the effect of a Texas court order terminating parental rights on the former parent's prospective child support obligation?

Prospective child support obligation terminates upon entry of the termination order (Correct answer)
The support obligation continues until the child turns 18
The court retains discretion to extend the obligation beyond termination
The support obligation continues for two years after termination

Correct answer: Prospective child support obligation terminates upon entry of the termination order

Termination of the legal parent-child relationship extinguishes prospective support obligations, though existing arrearages may remain collectible.

Question 10: A vested remainder subject to open is best described as:

A remainder subject to a condition precedent that must be satisfied before it becomes possessory
A remainder that automatically divests the prior estate holder upon the happening of a specified event
A remainder contingent on the survival of the remainderman until the prior estate terminates
A class remainder where at least one member is ascertained but the class may expand to include additional members (Correct answer)

Correct answer: A class remainder where at least one member is ascertained but the class may expand to include additional members

A vested remainder subject to open is held by a class — such as 'children' — where at least one member is ascertained and vested, but the class remains open for additional members who may later qualify.

Question 11: What standard of proof is required to involuntarily terminate parental rights under the Texas Family Code?

Clear and convincing evidence (Correct answer)
Preponderance of the evidence
Substantial evidence
Beyond a reasonable doubt

Correct answer: Clear and convincing evidence

Texas Family Code §161.001 and constitutional due process require clear and convincing evidence to support an involuntary termination of parental rights.

Question 12: A Texas barber notices lice (pediculosis) on a client's scalp mid-service. The correct action is to:

Finish the haircut quickly to minimize exposure
Stop the service immediately, sanitize the entire station, and refer the client (Correct answer)
Wear gloves and complete the service
Apply tea tree oil and continue

Correct answer: Stop the service immediately, sanitize the entire station, and refer the client

Discovery of lice requires immediate cessation of the service, thorough disinfection of the entire workstation, and referral of the client to treat the infestation.

Question 13: During a permanent wave, the 'processing' stage involves the waving lotion (usually ammonium thioglycolate) breaking which bonds in the hair?

Peptide bonds in the protein backbone
Ionic salt bonds broken by pH change
Disulfide bonds in the cortex (Correct answer)
Hydrogen bonds weakened by water

Correct answer: Disulfide bonds in the cortex

The reducing agent in waving lotion (ammonium thioglycolate) breaks disulfide bonds in the cortex, allowing the hair to take the shape of the rod.

Question 14: Under Texas Penal Code § 19.03, what best describes what elevates murder to capital murder in Texas?

Capital murder requires the presence of specific statutory aggravating circumstances, such as murder of a peace officer, murder for hire, or murder during certain felonies (Correct answer)
Capital murder requires that multiple victims be harmed or killed in a single criminal episode
Capital murder requires use of a firearm as the means of death
Capital murder requires proof of premeditation for at least 24 hours before the killing

Correct answer: Capital murder requires the presence of specific statutory aggravating circumstances, such as murder of a peace officer, murder for hire, or murder during certain felonies

Under Texas Penal Code § 19.03, capital murder is murder with specific enumerated aggravating factors, including murder of a peace officer on duty, murder for remuneration, murder during certain felonies, or murder of a child under 15.

Question 15: Which factor is EXPRESSLY prohibited from consideration when a Texas court makes a conservatorship or possession determination?

Each parent's ability to provide stable housing
The race or ethnicity of either parent or the child (Correct answer)
The child's expressed preference if the child is 12 or older
A parent's history of domestic violence

Correct answer: The race or ethnicity of either parent or the child

Texas Family Code §153.003 expressly prohibits the court from considering the race or ethnicity of the parent, child, or any other party in conservatorship decisions.

Question 16: Police bring a trained drug-detecting dog to a defendant's front porch to sniff for narcotics without a warrant. Under Florida v. Jardines, this constitutes:

A Terry stop equivalent requiring only reasonable suspicion
A Fourth Amendment search because the curtilage of a home receives the same protection as the interior (Correct answer)
A valid use of specialized equipment that does not implicate the Fourth Amendment
A permissible investigation in a public-facing area not protected by the Fourth Amendment

Correct answer: A Fourth Amendment search because the curtilage of a home receives the same protection as the interior

In Florida v. Jardines, the Supreme Court held that using a drug-sniffing dog on the curtilage of a home constitutes a Fourth Amendment search because the curtilage receives the same protection as the home's interior.

Question 17: Under Texas regulations, a barber working as an independent booth renter is responsible for which of the following?

The shop owner's continuing education credits
Obtaining a new license for each booth they rent
Filing tax returns on behalf of all shop employees
Their own TDLR license, liability, and compliance with sanitation standards (Correct answer)

Correct answer: Their own TDLR license, liability, and compliance with sanitation standards

Booth renters operate as independent contractors and bear personal responsibility for maintaining their own license, taxes, insurance, and regulatory compliance.

Question 18: What is the primary function of the sebaceous glands in the skin?

To produce sebum (Correct answer)
To absorb nutrients
To produce sweat
To regulate body temperature

Correct answer: To produce sebum

Sebaceous glands are microscopic exocrine glands in the skin that produce and secrete an oily or waxy substance called sebum. Sebum's primary function is to lubricate the skin and hair, preventing them from drying out and providing a protective barrier. This process is distinct from sweat production or body temperature regulation.

Question 19: What minimum temperature must water reach for effective handwashing according to general Texas barbershop sanitation guidelines?

120°F (hot)
60°F (lukewarm)
140°F (very hot)
100°F (comfortably warm) (Correct answer)

Correct answer: 100°F (comfortably warm)

Comfortably warm water of approximately 100°F combined with soap and friction is recommended for effective handwashing in barbershop settings.

Question 20: After a dispute arises over the amount owed under a contract, the parties agree that the debtor will pay $800 in full satisfaction of a genuinely disputed $1,200 claim, and the creditor accepts. Is this agreement enforceable even though the creditor gave up $400?

Yes, because accord and satisfaction of a genuinely disputed claim is enforceable — the compromise itself is consideration (Correct answer)
No, because modifications to payment terms require a writing under the Statute of Frauds
No, because the creditor received less than owed and there was no consideration
Yes, but only if the debtor pays the additional $400 within a reasonable time

Correct answer: Yes, because accord and satisfaction of a genuinely disputed claim is enforceable — the compromise itself is consideration

Accord and satisfaction of a bona fide disputed claim is enforceable because surrendering a disputed legal claim constitutes valid consideration, even if one party receives less than originally claimed.

Question 21: Which type of disinfectant is required by TDLR for immersing metal barbering implements?

An EPA-registered, hospital-level disinfectant (Correct answer)
Quaternary ammonium compound at any concentration
70% isopropyl alcohol spray
Household bleach diluted 1:10

Correct answer: An EPA-registered, hospital-level disinfectant

TDLR rules require EPA-registered, hospital-level disinfectants to properly sanitize implements between clients.

Question 22: Under the theory of negligent hiring, an employer may be held directly liable when:

The employer knew or should have known the employee posed a foreseeable risk of harm to others but hired or retained them anyway (Correct answer)
The employer failed to maintain required workers' compensation insurance
Any employee commits a tort while on duty, regardless of the employer's knowledge
An employee misclassified as a contractor commits a negligent act

Correct answer: The employer knew or should have known the employee posed a foreseeable risk of harm to others but hired or retained them anyway

Negligent hiring is a direct negligence claim against the employer — liability attaches when the employer knew or should have known of the employee's dangerous propensity and failed to act.

Question 23: For a marriage that lasted between 10 and 20 years, what is the maximum duration of a Texas spousal maintenance award?

10 years
2 years
5 years (Correct answer)
7 years

Correct answer: 5 years

Texas Family Code §8.054(a)(2) limits spousal maintenance to a maximum of 5 years for marriages that lasted at least 10 but less than 20 years.

Question 24: A license to use land is distinguishable from an easement primarily because:

A license runs with the land and binds successors in interest
A license is generally revocable at the will of the licensor, unlike an easement (Correct answer)
A license requires consideration to be valid
A license must be granted by a recorded deed to be enforceable

Correct answer: A license is generally revocable at the will of the licensor, unlike an easement

A license is a personal, revocable privilege to use another's land, whereas an easement is an irrevocable property right that binds successors.

Question 25: A contractor delegates its duty to paint a house to a subcontractor. The homeowner objects. Under which circumstance is the delegation NOT permitted?

When the delegatee is willing and able to perform
When the consideration for the original contract exceeded $500
When the contract is for services involving the personal skill, reputation, or character of the delegator (Correct answer)
When the parties did not expressly prohibit delegation in the contract

Correct answer: When the contract is for services involving the personal skill, reputation, or character of the delegator

Duties involving personal skill, trust, or unique character (e.g., a famous artist, a specific attorney) cannot be delegated without the obligee's consent because the obligee bargained for that specific person's performance.

Question 26: An experienced Texas barber agrees to mentor a new barber student. Which of the following represents the most ethical approach to mentorship?

Competing with the student for clients at the same shop
Providing honest guidance, constructive feedback, and modeling professional conduct (Correct answer)
Charging the student for every piece of guidance provided
Having the student perform all services unsupervised to accelerate learning

Correct answer: Providing honest guidance, constructive feedback, and modeling professional conduct

Effective and ethical mentorship involves honest guidance, skill modeling, and supporting the student's professional development without exploitation.

Question 27: Under the Texas Constitution and Estates Code, a surviving spouse's right to occupy the homestead:

Is limited to urban homesteads of no more than 10 acres
Terminates automatically upon the surviving spouse's remarriage
Converts to fee simple ownership after five years of continuous occupancy
Is a right to use and occupy the homestead for life or until abandonment (Correct answer)

Correct answer: Is a right to use and occupy the homestead for life or until abandonment

The surviving spouse holds a constitutional homestead right of use and occupancy for life or until abandonment — it does not terminate upon remarriage.

Question 28: If a client discloses they are HIV-positive before a haircut in a Texas barbershop, the barber must:

Consult TDLR before performing any service on that client
Require the client to sign a liability waiver before proceeding
Decline the service to protect themselves and other clients
Provide the service using standard precautions, the same as for any client (Correct answer)

Correct answer: Provide the service using standard precautions, the same as for any client

HIV-positive status is NOT a contraindication for barber services; barbers must apply standard (universal) precautions with all clients regardless of known infection status.

Question 29: Under TRE 407, evidence of subsequent remedial measures is inadmissible to prove:

Ownership or control over the premises or product
Feasibility of safer precautionary measures when that is genuinely in dispute
Any fact in a strict products liability action
Negligence or other culpable conduct (Correct answer)

Correct answer: Negligence or other culpable conduct

TRE 407 bars subsequent remedial measures evidence to prove negligence or culpable conduct, though it is admissible for ownership, control, or feasibility.

Question 30: What standard does a Texas court apply when dividing community property upon divorce?

Equitable distribution based solely on financial contributions
Strict equal (50/50) division in all cases
Division solely according to a written marital agreement
Just and right division having due regard for the rights of each party (Correct answer)

Correct answer: Just and right division having due regard for the rights of each party

Texas Family Code §7.001 requires courts to divide the community estate in a 'just and right' manner, which may result in an unequal split based on relevant equitable factors.

Question 31: During marriage, H uses pre-marital savings to purchase a rental property in his name alone. If H dies intestate, this property is most likely characterized as:

Mixed property requiring partition before distribution
Community property subject to equal division
H's separate property passing under Texas intestate succession (Correct answer)
Quasi-community property to be divided equally

Correct answer: H's separate property passing under Texas intestate succession

Property purchased entirely with a spouse's separate property funds retains its separate property character under Texas tracing rules.

Question 32: A negligent fire at a hair salon spreads to a neighboring pharmacy, whose stock of flammable chemicals explodes and injures a pedestrian two blocks away. The proximate cause analysis focuses on:

Whether the salon is strictly liable because it started the chain of events
Whether intervening causes always eliminate the original tortfeasor's liability
Whether the pedestrian's injury was a reasonably foreseeable result of negligently starting the fire (Correct answer)
Whether fire ever creates foreseeable risks to neighboring properties

Correct answer: Whether the pedestrian's injury was a reasonably foreseeable result of negligently starting the fire

Proximate cause analysis asks whether the type of harm that occurred was a reasonably foreseeable result of the defendant's negligence, not merely whether the defendant set events in motion.

Question 33: Texas regulations classify ringworm (tinea capitis) as a reason to:

Proceed with service using antifungal shampoo
Wear gloves and complete the haircut only
Disinfect the scalp and continue
Decline the service and refer the client to a physician (Correct answer)

Correct answer: Decline the service and refer the client to a physician

Ringworm is a contagious fungal infection that is a contraindication for barber services; the client must be referred to a physician before receiving a service.

Question 34: A Texas barber charges different prices for identical haircut services based solely on a client's gender. Under Texas TDLR rules, this practice:

Is encouraged to reflect market differences
Is always permissible since pricing is at the barber's discretion
Is only prohibited in state-owned facilities
May be discriminatory and raises ethical concerns under state consumer protection standards (Correct answer)

Correct answer: May be discriminatory and raises ethical concerns under state consumer protection standards

Charging different prices for identical services based on gender may constitute unlawful discrimination under Texas and federal consumer protection law.

Question 35: The state charged the accused with the intentional murder of a former girlfriend. He admitted to killing her, but asserted that he lacked the intent to murder, due to his suffering from a personality disorder complicated by two days of drinking alcohol heavily. The trial judge instructed the jury that "the law presumes that a person intends the ordinary consequences of his voluntary acts." The judge did not tell them that they had a choice or could infer another conclusion; they were told only that the law presumed it. The accused was convicted of depraved heart murder and sentenced to 100 years in prison. On appeal, the appellant argued that the court took the fact-finding task of determining criminal intent out of the jury’s hands by in effect ordering them to find intent. The jury could have felt that they were being told that they had no other choice. The state supreme court affirmed the conviction, but the United States Supreme Court granted certiorari. Will the Court likely reverse the conviction?

Yes, because the wording of the instruction could have been viewed by juniors as a mandatory direction to find that there was intent to murder. (Correct answer)
No, because the instruction was only a presumption that the jury did not have to consider in its deliberations.
No, because the defendant could raise an argument to rebut the permissible inference created by the jury instruction.
Yes, because the wording in effect caused the defendant to be a witness against himself by having him intend everything that he did.

Correct answer: Yes, because the wording of the instruction could have been viewed by juniors as a mandatory direction to find that there was intent to murder.

The jury instruction, stating that "the law presumes that a person intends the ordinary consequences of his voluntary acts" without further clarification, could be interpreted as a mandatory presumption. Such an instruction effectively removes the element of intent from the jury's consideration and shifts the burden of proof to the defendant, violating the Due Process Clause of the Fourteenth Amendment. The U.S. Supreme Court has held that mandatory presumptions regarding an element of a crime are unconstitutional because they undermine the prosecution's burden to prove every element beyond a reasonable doubt.

Question 36: The chemical symbol for sodium hypochlorite, the active ingredient in bleach used for barbershop disinfection, is:

H2O2
NaOH
NaClO (Correct answer)
HCl

Correct answer: NaClO

Sodium hypochlorite (NaClO) is the active disinfecting agent in bleach and works by releasing chlorine that oxidizes and destroys pathogens.

Question 37: A self-proved will under Texas law has what primary procedural advantage at probate?

It can never be contested on any ground
It requires acknowledgment before a judge rather than a notary
It must be re-executed every five years to remain self-proved
It is admitted to probate without the necessity of witness testimony to prove due execution (Correct answer)

Correct answer: It is admitted to probate without the necessity of witness testimony to prove due execution

A self-proved will contains a sworn affidavit from the witnesses, allowing it to be admitted to probate without summoning witnesses to testify to proper execution.

Question 38: Under the Texas Estates Code, the family allowance is best described as:

A fixed $18,000 payment to the surviving spouse regardless of need
An advance on bequests that must be repaid to the estate if not needed for support
A payment that accrues statutory interest from the date of death
A reasonable allowance paid to the surviving spouse and minor children during estate administration (Correct answer)

Correct answer: A reasonable allowance paid to the surviving spouse and minor children during estate administration

The family allowance is a court-ordered reasonable maintenance allowance payable to the surviving spouse and minor children during administration of the estate.

Question 39: Which aftershave product is most appropriate for a client with dry or sensitive skin?

An alcohol-based aftershave splash
Witch hazel applied at full, undiluted concentration
An aftershave balm or lotion containing moisturizing agents (Correct answer)
An astringent toner to close pores tightly

Correct answer: An aftershave balm or lotion containing moisturizing agents

Aftershave balms contain emollients and soothing agents that hydrate and calm the skin, unlike alcohol-based products that strip moisture.

Question 40: Which of the following scenarios is most likely to satisfy the attractive nuisance doctrine?

An unfenced residential swimming pool adjacent to a neighborhood with young children (Correct answer)
A steep natural hill that neighborhood children use for sledding in winter
A large tree with low branches that children sometimes climb without permission
A natural farm pond that neighborhood children occasionally swim in without permission

Correct answer: An unfenced residential swimming pool adjacent to a neighborhood with young children

A residential swimming pool is the paradigm attractive nuisance — it is an artificial condition, poses serious drowning risk to young children, and can be cheaply fenced to eliminate the hazard.

Question 41: In Texas barbershops, where must clean and soiled towels be stored?

Clean on the barber station counter; soiled anywhere out of sight
Both in an open basket near the barber chair
Together in a single cabinet for convenience
Clean in a closed cabinet; soiled in a covered, closed container (Correct answer)

Correct answer: Clean in a closed cabinet; soiled in a covered, closed container

Texas regulations require clean towels to be stored in a closed cabinet and soiled towels to be placed in a separate covered, closed container to prevent cross-contamination.

Question 42: A client believes a Texas barber violated their rights during a service. The appropriate agency for the client to file a formal complaint is:

The Texas Medical Board
The Texas Department of Licensing and Regulation (TDLR) (Correct answer)
The Better Business Bureau
The Texas State Bar Association

Correct answer: The Texas Department of Licensing and Regulation (TDLR)

TDLR is the state agency that licenses and regulates barbers in Texas and handles complaints against licensed barbers.

Question 43: Lay witness opinion testimony is admissible under TRE 701 if it is:

Based on technical or scientific knowledge the witness acquired informally
Corroborated by an expert in the same field
Rationally based on the witness's own perception and helpful to understanding the testimony (Correct answer)
Based on specialized training the witness received outside of trial

Correct answer: Rationally based on the witness's own perception and helpful to understanding the testimony

TRE 701 permits lay opinion that is rationally based on the witness's own perception, helpful to the trier of fact, and not dependent on specialized knowledge.

Question 44: Under Texas law, which standard governs child custody determinations?

Preference of the custodial parent
Equal division between both parents automatically
Best interest of the child (Correct answer)
Financial superiority of one parent

Correct answer: Best interest of the child

Texas courts determine custody (conservatorship) based on the best interest of the child, considering factors like emotional and physical needs, stability, and parenting ability.

Question 45: During a haircut, a barber notices an unusual scalp lesion that appears potentially infectious. The most ethical course of action is to:

Apply a topical product to treat the lesion
Charge the client extra for the additional risk
Complete the haircut and say nothing
Refuse to continue the service and recommend the client see a healthcare professional (Correct answer)

Correct answer: Refuse to continue the service and recommend the client see a healthcare professional

Barbers are not licensed to diagnose or treat medical conditions and must refer clients to a healthcare professional when suspicious conditions are observed.

Question 46: The United States Congress passed, and the President signed, a law called the “American Morality Leadership Act” which limits the amount of makeup that women or men can wear in public and precludes the wearing of short dresses. Men over 65 must wear only brown or grey attire, while those under 65 must wear button down dress shirts with neckties, except for when they are exercising or working physically. The Act has other restrictions and specifications for dress and grooming mandates for men and women. A class action was filed to challenge the Act based on a constitutional attack. Which argument listed below more closely reflects the constitutional argument that is most likely to succeed in court?

The law is unconstitutional because it violates Title VII of the Civil Rights Act.
The law is unconstitutional because it violates procedural due process.
The law is unconstitutional because it is primarily discriminatory against women's rights.
The law is unconstitutional because it infringes on fundamental rights of the individual. (Correct answer)

Correct answer: The law is unconstitutional because it infringes on fundamental rights of the individual.

The appellate court will likely reverse the lower court's decision because the search was unconstitutional, lacking probable cause. While an officer can stop a vehicle for a traffic violation like speeding, they generally need probable cause or reasonable suspicion of criminal activity to conduct a search of the vehicle. The driver being 'irritable and fidgety' without any articulable reason for suspicion is typically insufficient to justify a warrantless search under the Fourth Amendment.

Question 47: A condition in a contract benefits only one party. That party, without consideration, orally communicates that it will not insist on the condition. Later, before the other party detrimentally relies, the first party tries to reinstate the condition. Under contract law, may it do so?

No, once waived a condition can never be reinstated
Yes, a condition can generally be retracted before the other party detrimentally relies on the waiver (Correct answer)
No, a waiver requires consideration to be valid
Yes, only if the waiver was in writing

Correct answer: Yes, a condition can generally be retracted before the other party detrimentally relies on the waiver

A waiver of a condition can be retracted before the other party materially changes position in reliance on the waiver; after detrimental reliance, retraction is barred by estoppel.

Question 48: What formal requirements must a Texas premarital agreement satisfy to be enforceable?

It must be filed with the county clerk before the wedding
Each party must be represented by independent legal counsel
It must be in writing and signed by both parties; no consideration beyond the marriage is required (Correct answer)
It must be acknowledged before a notary public

Correct answer: It must be in writing and signed by both parties; no consideration beyond the marriage is required

Texas Family Code §4.002 requires only that a premarital agreement be in writing and signed by both parties; the marriage itself serves as sufficient consideration.

Question 49: An easement appurtenant differs from an easement in gross primarily because:

An easement appurtenant benefits a particular parcel of land rather than a person or entity (Correct answer)
An easement appurtenant is always revocable by the grantor
An easement appurtenant cannot be transferred without the grantor's consent
An easement appurtenant must be expressly granted in a recorded instrument

Correct answer: An easement appurtenant benefits a particular parcel of land rather than a person or entity

An easement appurtenant is attached to and benefits a dominant estate, while an easement in gross benefits only an individual or entity rather than a parcel.

Question 50: How does Texas law define community property in the context of divorce?

All property owned by both spouses at any time
All property acquired by either spouse during the marriage except by gift, devise, or descent (Correct answer)
Only real property purchased during the marriage
Only property with both spouses' names on the title

Correct answer: All property acquired by either spouse during the marriage except by gift, devise, or descent

Community property includes all property acquired during marriage by either spouse, excluding property obtained by gift, inheritance, or personal injury recovery.

Question 51: H executes a valid will and later writes 'VOID' across every page and signs his name. Under Texas Estates Code §253.002, this act:

Does not revoke the will because only physical destruction is effective
Effectively revokes the will by cancellation (Correct answer)
Revokes the will only if done in front of two witnesses
Creates a codicil that supersedes prior provisions

Correct answer: Effectively revokes the will by cancellation

Texas Estates Code §253.002 permits revocation by cancellation, so writing 'VOID' and signing constitutes a valid revocation.

Question 52: Under the Texas child support guidelines, what percentage of net monthly resources is owed for support of one child?

15%
20% (Correct answer)
25%
30%

Correct answer: 20%

Texas Family Code §154.125 sets the guideline at 20% of the obligor's net monthly resources for one child.

Question 53: When TDLR investigates a complaint against a Texas barber, the barber's license may be suspended if the investigation finds:

The barber missed one continuing education hour
The barber charged above-market prices
Willful violations of Texas Occupations Code or sanitation rules (Correct answer)
The barber wore unprofessional attire

Correct answer: Willful violations of Texas Occupations Code or sanitation rules

Willful violations of the Texas Occupations Code or sanitation regulations are grounds for license suspension or revocation by TDLR.

Question 54: What should be done immediately after a cut or nick occurs during a shaving service?

Apply pressure to stop the bleeding (Correct answer)
Wash the area with warm water
Apply aftershave lotion
Disinfect the area with alcohol

Correct answer: Apply pressure to stop the bleeding

In the event of a cut or nick during a shaving service, the immediate priority is to control the bleeding. Applying direct, firm pressure to the wound with a clean, sterile cotton pad or tissue helps to constrict blood vessels and promote clotting. After the bleeding has stopped, the area should then be disinfected to prevent infection.

Question 55: Which of the following is NOT a statutory ground for divorce under the Texas Family Code?

Irreconcilable differences (Correct answer)
Insupportability
Cruel treatment
Adultery

Correct answer: Irreconcilable differences

Texas uses 'insupportability' as its no-fault ground; 'irreconcilable differences' is a California-style term that does not appear in the Texas Family Code.

Question 56: Which layer of the epidermis is responsible for producing new skin cells through mitosis?

Stratum corneum
Stratum granulosum
Stratum germinativum (Correct answer)
Stratum lucidum

Correct answer: Stratum germinativum

The stratum germinativum (basal layer) is the deepest epidermal layer where cells divide by mitosis to produce new skin cells.

Question 57: The Fourth Amendment's warrant requirement is subject to many exceptions. Which exception allows police to conduct a warrantless search incident to a lawful custodial arrest?

Plain view exception
Inventory search exception
Search incident to arrest exception (Correct answer)
Exigent circumstances exception

Correct answer: Search incident to arrest exception

Under Chimel v. California, police may conduct a warrantless search of the arrestee's person and the area within their immediate control at the time of a lawful custodial arrest.

Question 58: Which of the following liens CAN be enforced against a Texas homestead despite the constitutional homestead exemption?

A purchase money deed of trust used to acquire the homestead (Correct answer)
A medical debt judgment entered by a district court
A final judgment lien arising from a credit card debt
A personal injury judgment against the homestead owner

Correct answer: A purchase money deed of trust used to acquire the homestead

The Texas homestead exemption expressly permits enforcement of purchase money liens, home equity loans, home improvement liens, and property tax liens.

Question 59: Which type of bacteria is responsible for causing tuberculosis and is a key concern in barber sanitation protocols?

Streptococcus pyogenes
Staphylococcus aureus
Mycobacterium tuberculosis (Correct answer)
Pseudomonas aeruginosa

Correct answer: Mycobacterium tuberculosis

Mycobacterium tuberculosis is a rod-shaped (bacilli) bacterium that causes tuberculosis and is a primary concern in barbershop infection control.

Question 60: Under the Takings Clause of the Fifth Amendment, a per se physical taking occurs when the government:

Substantially diminishes the value of private property through regulation
Permanently physically occupies private property, however small the intrusion (Correct answer)
Zones property for a less valuable use than the owner intended
Requires property owners to obtain permits before developing land

Correct answer: Permanently physically occupies private property, however small the intrusion

Loretto v. Teleprompter Manhattan CATV Corp. held that any permanent physical occupation of property by the government constitutes a per se taking regardless of the economic impact or public benefit.

Question 61: Under TRE 201, a court may take judicial notice of an adjudicative fact that is:

Stated in a sworn expert report submitted by either party
Stipulated to by at least one of the parties
Found in any peer-reviewed published treatise
Generally known within the jurisdiction or readily determinable from reliable sources (Correct answer)

Correct answer: Generally known within the jurisdiction or readily determinable from reliable sources

TRE 201 permits judicial notice of facts not subject to reasonable dispute because they are generally known or accurately determinable from reliable sources.

Question 62: Which circumstance creates a rebuttable presumption in Texas AGAINST appointing the parents as joint managing conservators?

The parents reside more than 100 miles apart
One parent has a new romantic relationship since separation
There is credible evidence of a history of family violence (Correct answer)
One parent earns significantly more income than the other

Correct answer: There is credible evidence of a history of family violence

Texas Family Code §153.004 provides that evidence of a history of family violence raises a rebuttable presumption that appointing the abusive party as a managing conservator is not in the child's best interest.

Question 63: Under Texas Penal Code § 15.04, the voluntary renunciation affirmative defense to criminal attempt is NOT available when:

The defendant took preparatory steps but voluntarily stopped before completing the offense
The defendant voluntarily and completely renounced the criminal objective
The defendant abandoned the criminal enterprise before completing any preparatory act
The defendant's decision to abandon was motivated in whole or in part by an increased risk of detection or apprehension (Correct answer)

Correct answer: The defendant's decision to abandon was motivated in whole or in part by an increased risk of detection or apprehension

Under Texas Penal Code § 15.04, voluntary renunciation requires a complete and voluntary change of criminal purpose; the defense is unavailable when abandonment was motivated by increased risk of detection or apprehension rather than genuine renunciation.

Question 64: When using a comb to guide a haircut, what should you do to ensure even cutting?

Use a comb with wide teeth for all hair types
Cut only the hair that is visible through the comb
Hold the comb at a consistent angle (Correct answer)
Change the angle of the comb frequently

Correct answer: Hold the comb at a consistent angle

Maintaining a consistent comb angle is crucial for achieving an even and balanced haircut. This ensures that the hair is elevated and cut at the same length throughout the section, preventing uneven patches and creating a uniform blend. Varying the angle would result in an inconsistent cut, leading to an unbalanced and unprofessional outcome.

Question 65: A contract between two commercial parties contains a liquidated damages clause specifying $5,000 for any breach. At the time the contract was formed, actual damages were difficult to estimate and $5,000 appeared to be a reasonable forecast. At trial, actual damages are proven to be only $500. Under Texas law, is the liquidated damages clause enforceable?

No, because liquidated damages clauses are per se unenforceable in Texas
No, because actual damages were far less than the stipulated amount
Yes, because the clause was a reasonable estimate at the time of contracting and actual damages were difficult to ascertain (Correct answer)
Yes, but only if the plaintiff also proves actual damages

Correct answer: Yes, because the clause was a reasonable estimate at the time of contracting and actual damages were difficult to ascertain

Texas enforces liquidated damages clauses when (1) actual damages were difficult to estimate at the time of contracting and (2) the stipulated amount was a reasonable forecast — the comparison is made at formation, not breach.

Question 66: How may a finding of marital fault affect community property division in a Texas divorce?

Fault only affects attorney fee awards, not property division
Fault is irrelevant and may not be considered in any property division
Fault automatically entitles the innocent spouse to 60% of community property
Fault may be one factor supporting a disproportionate award to the innocent spouse (Correct answer)

Correct answer: Fault may be one factor supporting a disproportionate award to the innocent spouse

Texas courts may consider fault—such as adultery or cruel treatment—as one factor when making a just and right division of community property.

Question 67: Under the Texas Family Code, what is the residency requirement for filing a divorce petition?

Both spouses must have lived in Texas for 1 year
One spouse must have been a Texas domiciliary for 6 months and a county resident for 90 days (Correct answer)
Either spouse must have lived in Texas for 30 days
No residency requirement exists

Correct answer: One spouse must have been a Texas domiciliary for 6 months and a county resident for 90 days

Texas requires one spouse to have been domiciled in the state for at least 6 months and a resident of the filing county for at least 90 days before filing.

Question 68: The Tenth Amendment reserves powers not delegated to the federal government to the states or the people. Under New York v. United States, the federal government may NOT:

Preempt state laws that conflict with federal statutes
Commandeer state legislatures to enact and enforce federal regulatory programs (Correct answer)
Attach conditions to federal grants received by states
Regulate private parties engaging in interstate commerce

Correct answer: Commandeer state legislatures to enact and enforce federal regulatory programs

New York v. United States held that the federal government cannot commandeer state legislative processes by requiring states to enact particular laws or regulatory programs.

Question 69: Trade fixtures installed by a commercial tenant:

May generally be removed by the tenant prior to or at the expiration of the lease (Correct answer)
Are automatically transferred to the landlord upon lease termination as improvements
Become permanent fixtures and cannot be removed without the landlord's written consent
Must be removed within 30 days after lease expiration or become the landlord's property by accession

Correct answer: May generally be removed by the tenant prior to or at the expiration of the lease

Trade fixtures installed by a commercial tenant for business purposes are generally removable by the tenant before or at lease expiration.

Question 70: For a testamentary trust created by a will to be valid, which set of elements is minimally required?

A co-trustee and a corporate bond equal to the trust corpus
A definite beneficiary, a trustee, and identified trust property (Correct answer)
A separately executed trust instrument filed with the probate court
Prior court approval before the trust becomes effective at death

Correct answer: A definite beneficiary, a trustee, and identified trust property

A valid trust requires trust property, a trustee, and a definite beneficiary; it need not be a separate document or pre-approved by the court.

Question 71: Under the shelter rule in Texas:

A grantee from a bona fide purchaser takes free of prior unrecorded interests even if the grantee had actual notice (Correct answer)
A donee who receives a gift deed is sheltered from claims by the grantor's judgment creditors
A mortgagee is sheltered from claims that accrued before the deed of trust was recorded
A subsequent purchaser is sheltered from adverse possession claims if they paid fair market value

Correct answer: A grantee from a bona fide purchaser takes free of prior unrecorded interests even if the grantee had actual notice

The shelter rule allows a grantee to take the same protected status as their grantor BFP, even if the grantee personally had actual notice of an unrecorded prior interest.

Question 72: Under TRE 404(b), evidence of a party's prior bad acts is admissible to prove:

Intent, motive, plan, identity, or absence of mistake, but not character (Correct answer)
That the defendant likely committed the charged offense
Negligence per se in civil cases
Character as proof of conforming conduct on the occasion at issue

Correct answer: Intent, motive, plan, identity, or absence of mistake, but not character

TRE 404(b) allows prior bad acts evidence only for non-character purposes such as intent, motive, plan, identity, or absence of mistake.

Question 73: Under which equitable doctrine may a licensor be prevented from revoking a license?

Merger, when the licensee acquires title to an adjacent parcel
The recording act, if the license was recorded in the county deed records
Adverse possession, if the licensee has used the land openly for 10 years
Estoppel, when the licensee has detrimentally relied on the license by making substantial improvements (Correct answer)

Correct answer: Estoppel, when the licensee has detrimentally relied on the license by making substantial improvements

Estoppel can render a license irrevocable when the licensee, in reasonable reliance on the license, has made substantial expenditures that cannot be recouped upon revocation.

Question 74: A court will impose a constructive trust most appropriately when:

A person wrongfully obtains property through fraud, undue influence, or breach of fiduciary duty (Correct answer)
A beneficiary predeceases the testator and the anti-lapse statute is inapplicable
The probate estate is insolvent and unsecured creditors need protection
A testator fails to create an express trust in the will despite intending to

Correct answer: A person wrongfully obtains property through fraud, undue influence, or breach of fiduciary duty

A constructive trust is an equitable remedy imposed to prevent unjust enrichment when property is obtained through wrongdoing such as fraud or breach of fiduciary duty.

Question 75: A college student attended a fraternity party. He noticed a young woman flirting with him in a sexually suggestive way. He took her home and ended up forcefully raping her against her will. She escaped after the rape and went directly to the authorities. The police filed charges of rape. The student-defendant found several men willing to testify that the woman was promiscuous, that they had relations with her and that she was very prolific in her sexual life. Will the trial court likely permit the witnesses to testify to the woman’s sexual predisposition under the Federal Rules of Evidence?

No. because the rules of evidence prohibit all evidence of a victim's prior sexual history.
No, because such "sexual predisposition" evidence is generally prohibited by the rules of evidence except under narrow exceptions. (Correct answer)
Yes, because the rules permit evidence of a victim's sexual predisposition to trust credibility.
Yes, because the evidence will help the jury see that there may be two sides to the story and that the women was thus the sexual predator instead of the man.

Correct answer: No, because such "sexual predisposition" evidence is generally prohibited by the rules of evidence except under narrow exceptions.

The court will likely not allow the identification into evidence because it is not reliable enough due to the highly suggestive circumstances. The victim only saw the assailant's eyes during the crime, and then later observed the defendant in jail clothing, handcuffed, and leg-ironed, which strongly suggested he was the perpetrator. This procedure created a substantial likelihood of misidentification, violating the defendant's due process rights.

Question 76: Which elevation angle produces the most layering and removes the greatest amount of weight from the hair?

180 degrees — hair elevated above and over the head (Correct answer)
0 degrees — hair held flat against the head
45 degrees
90 degrees — hair held straight out from the head

Correct answer: 180 degrees — hair elevated above and over the head

Elevating hair to 180 degrees creates the most dramatic layering and removes the most weight because the guide becomes very short relative to the rest.

Question 77: What is the maximum percentage of net income that can be ordered for child support for one child in Texas?

20% (Correct answer)
15%
30%
25%

Correct answer: 20%

Texas guidelines set child support for one child at 20% of the obligor's net monthly resources, with percentages increasing for additional children.

Question 78: Under Texas TDLR sanitation rules, which type of infection is MOST commonly associated with failure to properly disinfect clipper blades between clients?

Strep throat
Conjunctivitis
Influenza
Tinea (ringworm / fungal infection) (Correct answer)

Correct answer: Tinea (ringworm / fungal infection)

Tinea (ringworm/fungal infection) of the scalp is most commonly spread in barbershops through contaminated clipper blades and combs that are not properly disinfected.

Question 79: Under the minimum contacts test for personal jurisdiction, what constitutional minimum is required by International Shoe Co. v. Washington?

The defendant must have a registered agent for service of process in the forum state
The defendant must have consented in writing to personal jurisdiction in the forum state
The defendant must have minimum contacts with the forum state such that maintaining suit does not offend traditional notions of fair play and substantial justice (Correct answer)
The defendant must be physically present in the forum state at the time of service of process

Correct answer: The defendant must have minimum contacts with the forum state such that maintaining suit does not offend traditional notions of fair play and substantial justice

International Shoe Co. v. Washington (1945) held that due process requires minimum contacts between the defendant and the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.

Question 80: Under the Texas Family Code, what is the rebuttable presumption regarding appointment of parents as managing conservators?

Courts may not appoint joint managing conservators without a filed parenting plan
Joint managing conservatorship is disfavored when parents cannot cooperate
Appointment of both parents as joint managing conservators is presumed to be in the child's best interest (Correct answer)
The mother is presumed to be the primary managing conservator

Correct answer: Appointment of both parents as joint managing conservators is presumed to be in the child's best interest

Texas Family Code §153.131(b) creates a rebuttable presumption that appointing parents as joint managing conservators is in the best interest of the child.

Question 81: A contractor threatens to walk off a construction project midway through unless the owner agrees to pay an additional $50,000 beyond the contract price. The owner, facing serious losses if the project stops, agrees. Later, the owner seeks to avoid the modification. Which doctrine best supports the owner?

Lack of consideration for the modification
Frustration of purpose
Mutual mistake
Economic duress (business compulsion) (Correct answer)

Correct answer: Economic duress (business compulsion)

Economic duress (business compulsion) allows a party to avoid a contract or modification when the other party made a wrongful threat that left no reasonable alternative but to comply.

Question 82: During the telogen phase of the hair growth cycle, the hair follicle is in which state?

Resting, with the hair retained in the follicle before shedding (Correct answer)
Actively growing and producing new hair cells
Transitioning from rest to active growth
Regressing and breaking down the lower follicle

Correct answer: Resting, with the hair retained in the follicle before shedding

Telogen is the resting phase of the hair cycle, lasting approximately 2–3 months, during which the follicle is dormant and the club hair is retained until it is shed or pushed out by a new anagen hair.

Question 83: A person signed a contract after fraudulently induced by the seller's false statement that the goods were certified organic, when they were not. The buyer seeks to rescind. Which elements must the buyer establish for fraudulent misrepresentation?

False representation of material fact, made with scienter, intended to induce reliance, justifiably relied upon, causing damages (Correct answer)
That the seller had bad intentions and the buyer was gullible
That the statute of limitations has not run and the seller is insolvent
That the contract lacked consideration and the parties were not in privity

Correct answer: False representation of material fact, made with scienter, intended to induce reliance, justifiably relied upon, causing damages

Fraudulent misrepresentation requires: (1) a false representation of material fact, (2) knowledge of falsity or reckless disregard (scienter), (3) intent to induce reliance, (4) justifiable reliance, and (5) resulting damages.

Question 84: Under Texas barber sanitation rules, the barber chair headrest cover must be changed:

Once daily at closing
After every client (Correct answer)
Only when visibly soiled
Once in the morning and once in the afternoon

Correct answer: After every client

The headrest cover or paper must be changed between every client to prevent cross-contamination from skin contact.

Question 85: What is the time limit for probating a will in Texas after the testator's death?

One year
Four years (Correct answer)
Two years
No time limit

Correct answer: Four years

Texas Estates Code requires a will to be presented for probate within four years of the testator's death. After that, the will generally cannot be admitted to probate.

Question 86: A young woman joined a social media service that provided networking with other business persons and entities nationwide. The woman discovered that the service was selling her personal profile information, and the information pertaining to thousands of other members, to third party purchasers for tracking of their Internet activities and buying habits. In her class action breach of contract action against the service, she alleged two theories of damages. First, she contended that she and the class members suffered "embarrassment and humiliation" from the disclosure, and second, that she and the others must be compensated for the market value of the information seized. Will the court likely recognize these allegations as sufficient to state a claim for breach of contract?

Yes, because the service breached the duty of good faith inherent in every contract.
No, because humiliation is not an item of damages in a breach of contract case, and the unauthorized collection of personal data does not establish an economic loss. (Correct answer)
No, because Internet laws protect absolutely all communications and downloads of this nature as part of the service's guaranteed scope of free speech rights.
Yes, because these are common types of damages that are authorized in breach of contract cases.

Correct answer: No, because humiliation is not an item of damages in a breach of contract case, and the unauthorized collection of personal data does not establish an economic loss.

In breach of contract actions, damages are generally limited to economic losses that were foreseeable at the time the contract was made. Damages for emotional distress, such as 'embarrassment and humiliation,' are typically not recoverable in contract cases unless the breach also constitutes a tort or the contract itself was of a highly personal nature where emotional distress was a foreseeable consequence of breach. Furthermore, simply alleging unauthorized data collection without demonstrating a quantifiable economic loss or market value for the 'seized' information may not establish a sufficient basis for contract damages.

Question 87: Which statement best describes independent administration in Texas?

The executor must obtain court approval for every significant transaction
A bond equal to the estate value is required for all independent executors
Only attorneys licensed in Texas may serve as independent executors
After qualifying, the executor manages estate assets without ongoing court supervision (Correct answer)

Correct answer: After qualifying, the executor manages estate assets without ongoing court supervision

Independent administration allows the executor to act without court approval for most transactions after the initial inventory and appraisement, making it more efficient than dependent administration.

Question 88: Which scenario best illustrates the 'but-for' test for actual causation in a negligence claim?

The defendant's conduct was a foreseeable cause of the plaintiff's type of injury
The plaintiff's injury would not have occurred but for the defendant's negligent act (Correct answer)
The defendant's negligence was one of many contributing factors to the injury
The plaintiff would have been injured regardless of the defendant's conduct

Correct answer: The plaintiff's injury would not have occurred but for the defendant's negligent act

The but-for test asks whether the plaintiff's harm would have occurred if the defendant had not been negligent — if the answer is 'no,' causation is established.

Question 89: Texas Property Code § 13.001 establishes which type of recording act?

A Torrens system, where title is established by court decree and registered with the state
A pure race statute, where the first party to record wins regardless of notice
A race-notice statute, where a bona fide purchaser without notice must also record first to prevail (Correct answer)
A pure notice statute, where the last bona fide purchaser without notice prevails even without recording first

Correct answer: A race-notice statute, where a bona fide purchaser without notice must also record first to prevail

Texas follows a race-notice recording system: an unrecorded instrument is void as to a subsequent purchaser for value without notice who records first.

Question 90: Under the Federal Rules of Civil Procedure, how many days does a defendant have to respond to a complaint after being served?

60 days
30 days
21 days (Correct answer)
14 days

Correct answer: 21 days

FRCP Rule 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.

Question 91: A defendant charged with a felony insists on representing himself at trial despite the judge's warning that self-representation is unwise. Under Faretta v. California, the court:

May deny the request because the defendant's lack of legal training would result in an ineffective defense
Must allow self-representation if the defendant knowingly, voluntarily, and intelligently waives the right to counsel (Correct answer)
May allow self-representation only for misdemeanor charges, not felonies
Must deny the request and appoint standby counsel to conduct the defense instead

Correct answer: Must allow self-representation if the defendant knowingly, voluntarily, and intelligently waives the right to counsel

Under Faretta v. California, a defendant has a Sixth Amendment right to self-representation and may waive appointed counsel, provided the waiver is knowing, voluntary, and intelligent.

Question 92: T executes a valid will leaving everything to her husband. Two years later she has a child and dies without amending the will. Under Texas law, the child:

Is barred from inheriting because the will was validly executed before the child's birth
Is protected only if the will specifically disinherits the child by name
Is entitled to a forced share of 25% of the estate
Is entitled to an intestate share as a pretermitted heir (Correct answer)

Correct answer: Is entitled to an intestate share as a pretermitted heir

Under Texas Estates Code §255.051, a child born or adopted after the will is executed and not provided for in the will takes an intestate share.

Question 93: Which of the following is an express statutory ground for involuntary termination of parental rights under Texas Family Code §161.001?

Parent failed to attend two consecutive scheduled visits
Parent knowingly placed the child in conditions that endangered the child's physical or emotional well-being (Correct answer)
Parent filed for bankruptcy during an open CPS case
Parent relocated outside Texas without prior court approval

Correct answer: Parent knowingly placed the child in conditions that endangered the child's physical or emotional well-being

Texas Family Code §161.001(b)(1)(D) authorizes termination when a parent knowingly placed or allowed the child to remain in endangering conditions or surroundings.

Question 94: A barber working in Texas actively approaches clients waiting at a competitor's shop and solicits them to switch. This conduct is best described as:

Unethical and potentially a violation of professional standards (Correct answer)
Required outreach under Texas business law
A legitimate form of advertising under TDLR rules
Acceptable competitive marketing

Correct answer: Unethical and potentially a violation of professional standards

Aggressively soliciting clients from competitors in person is considered predatory and unprofessional within industry ethics standards.

Question 95: Under Texas law, a valid holographic will must be:

Signed and dated by the testator in the testator's own handwriting
Written in the testator's handwriting, signed, and witnessed by two credible witnesses
Entirely written and signed in the testator's own handwriting (Correct answer)
Notarized and signed by the testator in the testator's own handwriting

Correct answer: Entirely written and signed in the testator's own handwriting

A holographic will in Texas must be written wholly in the testator's handwriting and signed; no witnesses or notarization are required.

Question 96: A barber client complains that their haircut looks uneven immediately after the service. The most professional response is to:

Insist the client pay in full before any corrections
Argue that the client's perception is incorrect
Apologize and offer to correct the issue at no additional charge (Correct answer)
Ask the client to leave and schedule a new appointment

Correct answer: Apologize and offer to correct the issue at no additional charge

Offering to correct mistakes professionally and without additional charge demonstrates accountability and client-centered ethics.

Question 97: The primary distinction between trespass to chattels and conversion is:

Whether the chattel was ultimately returned to the owner before suit was filed
Whether the plaintiff suffered any accompanying physical injury
Whether the defendant acted intentionally or negligently
The severity of the interference — minor interference versus a serious deprivation of the owner's rights (Correct answer)

Correct answer: The severity of the interference — minor interference versus a serious deprivation of the owner's rights

Trespass to chattels involves minor interference with personal property; conversion involves a serious, substantial interference justifying a forced sale at fair market value.

Question 98: Under Texas barbering ethics, a barber should inform clients of service prices:

Only after the service is completed
Only when the client specifically asks mid-service
Before the service begins to ensure informed consent (Correct answer)
At the discretion of the shop owner

Correct answer: Before the service begins to ensure informed consent

Transparency in pricing before services begin ensures informed consent and builds trust, which is a core ethical obligation.

Question 99: In Texas, a party claiming adverse possession without color of title must possess the land openly and adversely for at least:

25 years
3 years
10 years (Correct answer)
5 years

Correct answer: 10 years

Texas Civil Practice and Remedies Code § 16.026 provides a 10-year limitations period for adverse possession without color of title.

Question 100: The work product doctrine primarily protects:

All confidential communications between attorney and client
Routine business records of a law firm
Attorney fee agreements and retainer letters
Materials prepared by an attorney or representative in anticipation of litigation (Correct answer)

Correct answer: Materials prepared by an attorney or representative in anticipation of litigation

The work product doctrine shields materials prepared by an attorney or their representative in anticipation of litigation or for trial preparation.

Question 101: Hyperhidrosis, a condition relevant to barbers when performing hand and arm treatments, refers to:

An allergic rash caused by sweat trapped under occlusive products
Inflammation of the sweat glands leading to blocked pores
Abnormally dry skin due to insufficient sweat gland activity
Excessive sweating beyond what is needed for thermoregulation (Correct answer)

Correct answer: Excessive sweating beyond what is needed for thermoregulation

Hyperhidrosis is a condition of excessive, uncontrollable sweating that occurs beyond the body's normal thermoregulatory needs, and can affect the hands, feet, and underarms.

Question 102: After a seller breaches a contract, the buyer fails to make any effort to find substitute goods even though comparable goods were available at the same price nearby. What is the legal consequence?

The buyer may recover full damages with no reduction
The buyer may recover punitive damages for the seller's willful breach
The contract is void and no damages are available
The buyer's damages will be reduced by the amount that could have been saved through reasonable mitigation (Correct answer)

Correct answer: The buyer's damages will be reduced by the amount that could have been saved through reasonable mitigation

A non-breaching party has a duty to mitigate damages, and failure to take reasonable steps to reduce loss will reduce the recoverable damages by the avoidable amount.

Question 103: Police execute a search warrant for a house. A visitor with no connection to the residents is found inside. Officers search his person without additional justification. Under Ybarra v. Illinois, this search is:

Valid because anyone present during a warrant's execution is assumed connected to criminal activity
Valid because a premises warrant automatically authorizes searching everyone found inside
Valid if officers had reasonable suspicion the visitor was armed
Invalid because a premises warrant does not authorize searching persons found inside absent independent probable cause directed at those individuals (Correct answer)

Correct answer: Invalid because a premises warrant does not authorize searching persons found inside absent independent probable cause directed at those individuals

Under Ybarra v. Illinois, a warrant authorizing the search of premises does not automatically authorize searching every person found there; police need particularized probable cause directed at each individual.

Question 104: When a Texas decedent dies intestate survived by a spouse and children who are not children of the surviving spouse, what interest does the surviving spouse take in the decedent's separate real property?

Fee simple ownership of all separate real property
Fee simple ownership of one-half of the separate real property
A life estate in one-third of the separate real property (Correct answer)
No interest in the separate real property

Correct answer: A life estate in one-third of the separate real property

Under Texas Estates Code §201.002, when the decedent's children are not also children of the surviving spouse, the spouse takes only a life estate in one-third of separate real property.

Question 105: Which of the following is a characteristic of a properly maintained wet disinfectant jar used in Texas barbershops?

Shared between multiple barber stations to reduce waste
Filled with water and a few drops of bleach only
Left open all day to prevent moisture buildup
Covered when not in use and solution changed daily or when visibly dirty (Correct answer)

Correct answer: Covered when not in use and solution changed daily or when visibly dirty

The wet disinfectant container must be covered when not in use and the solution must be replaced daily or whenever it becomes visibly contaminated.

Question 106: Which cutting technique is best for removing bulk and adding texture to the hair?

Shear-over-comb
Blending
Thinning (Correct answer)
Clip-over-comb

Correct answer: Thinning

Thinning shears are specifically designed with notched blades to remove a portion of the hair strands without shortening the overall length. This technique effectively reduces bulk, creates movement, and adds texture to the hair. It helps to lighten heavy hair, making it more manageable and giving it a softer, more natural appearance.

Question 107: Which of the following is required for a validly attested (non-holographic) will in Texas?

Notarization and two witnesses who sign before a judge
Two credible witnesses who sign in the testator's presence (Correct answer)
One disinterested witness who is not a beneficiary under the will
Three witnesses, at least one of whom must be a notary

Correct answer: Two credible witnesses who sign in the testator's presence

Texas Estates Code §251.051 requires a written will signed by the testator and attested by two or more credible witnesses who sign in the testator's presence.

Question 108: How many witnesses are required for a valid attested (formal) will in Texas?

One notary public
Three adult witnesses
Two credible witnesses who are at least 14 years old (Correct answer)
No witnesses if the will is typed

Correct answer: Two credible witnesses who are at least 14 years old

Texas requires two credible witnesses who are at least 14 years old to attest to the execution of a formal will.

Question 109: Under Texas Estates Code §255.153, the anti-lapse statute substitutes the predeceased beneficiary's descendants when the predeceased beneficiary was:

Specifically named in the will with a survivorship requirement
Any beneficiary named in the will regardless of relationship to the testator
A trust beneficiary rather than an individual bequest recipient
A descendant of the testator's parents (i.e., a sibling, niece, nephew, or the testator's own descendant) (Correct answer)

Correct answer: A descendant of the testator's parents (i.e., a sibling, niece, nephew, or the testator's own descendant)

Texas's anti-lapse statute applies only when the predeceased beneficiary is a descendant of the testator or of the testator's parents, limiting its scope to close family members.

Question 110: In a Texas barbershop, the minimum acceptable ventilation requirement helps primarily to:

Reduce noise from clipper motors
Keep chemical fumes from accumulating to hazardous levels (Correct answer)
Maintain the temperature of hot towels
Prevent static electricity buildup from clippers

Correct answer: Keep chemical fumes from accumulating to hazardous levels

Adequate ventilation is required in Texas barbershops to prevent the buildup of chemical fumes from disinfectants, hair products, and other chemicals to hazardous concentrations.

Question 111: 20-volume hydrogen peroxide developer contains what percentage of hydrogen peroxide?

3%
6% (Correct answer)
12%
9%

Correct answer: 6%

20-volume developer contains 6% hydrogen peroxide; each 10-volume increment equals approximately 3% H₂O₂ concentration.

Question 112: The high-frequency current used in barbering produces which of the following therapeutic effects?

Muscle contraction and toning
Deep tissue coagulation for scar treatment
Germicidal and stimulating effects on the scalp (Correct answer)
Numbing of nerve endings to reduce pain

Correct answer: Germicidal and stimulating effects on the scalp

High-frequency current generates heat within tissues and produces ozone at the skin surface, which has germicidal properties and stimulates the scalp.

Question 113: Under Texas Penal Code § 7.02, a person is criminally responsible as a party for the offense of another if:

The person was present at the scene and failed to intervene to prevent the crime
The person, with intent to promote or assist in the commission of the offense, solicited, encouraged, directed, aided, or attempted to aid the other person (Correct answer)
The person benefited financially or otherwise from the other person's criminal conduct
The person had prior knowledge that the other person planned to commit a crime

Correct answer: The person, with intent to promote or assist in the commission of the offense, solicited, encouraged, directed, aided, or attempted to aid the other person

Under Texas Penal Code § 7.02, criminal responsibility as a party requires that, with intent to promote or assist the offense, the defendant solicited, encouraged, directed, aided, or attempted to aid the other person.

Question 114: Which of the following matters may a Texas premarital agreement validly address?

Waiving a child's statutory right to receive support from either parent
Altering property rights without any financial disclosure to the other party
Modifying or eliminating spousal maintenance rights upon divorce (Correct answer)
Penalizing the spouse who initiates the divorce proceeding

Correct answer: Modifying or eliminating spousal maintenance rights upon divorce

Texas Family Code §4.003(a)(3) expressly permits a premarital agreement to modify or eliminate spousal support (maintenance) rights that would otherwise arise upon divorce.

Question 115: In barbering, a 'taper' refers to:

Coloring the hair progressively from root to tip
A gradual decrease in hair length from the top toward the sides and nape (Correct answer)
A sharp, unblended line at the hairline
Adding hair extensions to increase volume at the crown

Correct answer: A gradual decrease in hair length from the top toward the sides and nape

A taper progressively shortens the hair from longer on top to shorter at the sides and nape, creating a smooth transition.

Question 116: Texturizing (thinning) shears reduce bulk by:

Slicing hair at an extreme diagonal angle
Cutting every strand to a uniformly short length
Cutting only the outermost surface layer of the hair section
Removing approximately half the strands in each cut pass (Correct answer)

Correct answer: Removing approximately half the strands in each cut pass

Thinning shears have serrated teeth that skip some strands while cutting others, removing roughly 50% of the bulk without visibly changing the length.

Question 117: Which clause prevents states from enacting laws that discriminate against or unduly burden interstate commerce, even absent congressional action?

The Dormant Commerce Clause (Correct answer)
The Full Faith and Credit Clause
The Privileges and Immunities Clause of Article IV
The Supremacy Clause

Correct answer: The Dormant Commerce Clause

The Dormant (or Negative) Commerce Clause is the implied limit on state power to interfere with interstate commerce, derived from the affirmative grant of commerce power to Congress.

Question 118: How should a Texas barber handle a clipper blade that has been used on a client with a scalp infection?

Wipe with a dry cloth and continue use
Spray with alcohol and reuse immediately
Remove the blade, clean debris, and fully disinfect before reuse (Correct answer)
Boil the blade in water for 5 minutes

Correct answer: Remove the blade, clean debris, and fully disinfect before reuse

The blade must be removed, cleaned of all hair and debris, then fully disinfected according to TDLR-approved procedures before being used on another client.

Question 119: A third-party beneficiary's rights under a contract vest when:

The beneficiary receives written notice of the contract from both parties
The beneficiary manifests assent, detrimentally relies on the contract, or files suit to enforce it (Correct answer)
The promisor delivers performance to the promisee
The original contract is signed by both contracting parties

Correct answer: The beneficiary manifests assent, detrimentally relies on the contract, or files suit to enforce it

Under the Restatement, a third-party beneficiary's rights vest when the beneficiary manifests assent to the contract, detrimentally relies on it, or brings suit to enforce it — after vesting, the contracting parties cannot modify or rescind the contract to the beneficiary's detriment without consent.

Question 120: A homeowner paid a contractor $15,000 in advance under a contract the contractor never began performing. The contractor later claims the contract is unenforceable because a condition precedent was not met. If the contract is indeed unenforceable, what theory allows the homeowner to recover the $15,000?

Specific performance — the court will compel the contractor to perform
Restitution / unjust enrichment — the contractor must disgorge the benefit conferred to avoid unjust enrichment (Correct answer)
Reliance damages — the homeowner recovers expenses incurred in anticipation of performance
Expectation damages — the homeowner is put in the position she would have been in

Correct answer: Restitution / unjust enrichment — the contractor must disgorge the benefit conferred to avoid unjust enrichment

When a contract is unenforceable, restitution (quasi-contract) allows recovery of benefits conferred on the other party to prevent unjust enrichment, regardless of the enforceability of the underlying agreement.

Question 121: Which type of pathogen is NOT destroyed by chemical disinfectants and requires sterilization methods such as autoclaving?

Vegetative bacteria
Bacterial endospores (Correct answer)
Lipid-enveloped viruses
Fungi

Correct answer: Bacterial endospores

Bacterial endospores (like those from Clostridium and Bacillus species) form protective shells that resist chemical disinfectants and require steam sterilization (autoclaving) to destroy.

Question 122: When a Texas estate has insufficient assets to pay all legacies, which class of bequests abates LAST (is paid first)?

Residuary bequests
General bequests
Demonstrative bequests
Specific bequests (Correct answer)

Correct answer: Specific bequests

Under the Texas abatement order, residuary bequests are exhausted first, then general, then demonstrative, and specific bequests are the last to abate.

Question 123: Quaternary ammonium compounds (quats) used as disinfectants in barbershops work primarily by:

Denaturing proteins via extreme alkalinity
Removing oxygen from the environment
Disrupting bacterial cell membranes through surfactant action (Correct answer)
Releasing free chlorine to oxidize pathogens

Correct answer: Disrupting bacterial cell membranes through surfactant action

Quats are cationic surfactants that disrupt and penetrate bacterial cell membranes, causing leakage of cell contents and death.

Question 124: Texas barber regulations require that all electrical equipment (clippers, trimmers) be kept free of:

Metal filings from blade sharpening only
Cooling vents or safety guards
Hair clippings, product residue, and other debris (Correct answer)
Excess lubrication oil only

Correct answer: Hair clippings, product residue, and other debris

Electrical tools must be kept free of hair clippings, product residue, and debris after each use to maintain both sanitation standards and safe operation.

Question 125: A durable power of attorney in Texas remains effective after the principal's incapacity because:

Texas courts automatically convert any power of attorney to a durable one upon incapacity
It contains statutory language providing that it survives the principal's incapacity (Correct answer)
All Texas powers of attorney are durable by default
The agent must file an affidavit of incapacity with the county clerk

Correct answer: It contains statutory language providing that it survives the principal's incapacity

A power of attorney is durable if it expressly states that it is not affected by the principal's subsequent disability or incapacity, as required by Texas Estates Code §751.0021.

Question 126: Under the Texas Penal Code § 6.02, the four culpable mental states listed from most to least culpable are:

Intentionally, knowingly, criminal negligence, recklessly
Knowingly, intentionally, recklessly, criminal negligence
Intentionally, recklessly, knowingly, criminal negligence
Intentionally, knowingly, recklessly, criminal negligence (Correct answer)

Correct answer: Intentionally, knowingly, recklessly, criminal negligence

Texas Penal Code § 6.02 recognizes four culpable mental states in descending order: intentionally (highest), knowingly, recklessly, and criminal negligence (lowest).

Question 127: Under TRE 803(4), a statement made for medical diagnosis or treatment is admissible if it:

Was made to a licensed physician only
Was made contemporaneously with the injury
Was made to any person the declarant believed could provide treatment
Describes medical history or symptoms reasonably pertinent to diagnosis or treatment (Correct answer)

Correct answer: Describes medical history or symptoms reasonably pertinent to diagnosis or treatment

TRE 803(4) admits statements describing medical history, symptoms, or their cause when reasonably pertinent to diagnosis or treatment.

Question 128: A barber notices a colleague performing services while visibly intoxicated on the job. The most ethical and professional action is to:

Warn the client privately after the service
Ignore the situation to avoid conflict
Post about it on social media
Notify the shop owner or manager immediately (Correct answer)

Correct answer: Notify the shop owner or manager immediately

Reporting the situation to management protects clients from harm and upholds professional and public safety standards.

Question 129: A developer contracts with a city to build a stadium. Later, a new law is enacted making the specific type of structure illegal to build. Which doctrine most likely discharges the developer's contractual duty?

Anticipatory repudiation
Frustration of purpose
Supervening illegality as a form of impossibility/impracticability (Correct answer)
Novation

Correct answer: Supervening illegality as a form of impossibility/impracticability

When a supervening law makes performance illegal after contract formation, this qualifies as supervening illegality — a recognized category of impossibility that discharges the duty to perform.

Question 130: What is the standard for granting summary judgment under FRCP Rule 56?

The opposing party fails to submit any response to the motion for summary judgment
There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
The movant demonstrates that the opposing party has no credible witnesses to support its claims
The weight of the evidence favors the movant by a preponderance of the evidence

Correct answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law

FRCP 56(a) provides that summary judgment is appropriate when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Question 131: A spendthrift provision in a trust primarily serves to:

Prevent the trustee from making discretionary distributions without court approval
Limit distributions exclusively to health, education, and support expenses
Terminate the trust automatically if the beneficiary files for bankruptcy
Restrict the beneficiary from assigning future payments and protect them from creditors reaching the trust interest (Correct answer)

Correct answer: Restrict the beneficiary from assigning future payments and protect them from creditors reaching the trust interest

A spendthrift clause prohibits both voluntary assignment by the beneficiary and involuntary attachment by creditors, protecting the trust interest until distributed.

Question 132: Under the Texas Family Code, what is required for a valid adult adoption?

Both the adult to be adopted and the adopting adult must consent in writing (Correct answer)
Adult adoption requires the same home study process as a minor adoption
Adults may only be adopted by a stepparent or relative
Adult adoption is prohibited in Texas

Correct answer: Both the adult to be adopted and the adopting adult must consent in writing

Texas Family Code §162.501 permits adoption of an adult if both the adult adoptee and the adopting adult consent; no home study or parental termination is required.

Question 133: A witness gave a detailed recorded statement to police implicating the defendant and later refuses to testify at trial. The prosecution seeks to admit the prior statement under a hearsay exception. Under Crawford v. Washington, this statement is:

Admissible only if the defendant had a prior opportunity to cross-examine the witness about that statement
Inadmissible because the Confrontation Clause bars testimonial hearsay unless the defendant had a prior opportunity to cross-examine the unavailable declarant (Correct answer)
Admissible if it falls within a firmly rooted hearsay exception
Admissible if the trial judge independently finds it sufficiently reliable

Correct answer: Inadmissible because the Confrontation Clause bars testimonial hearsay unless the defendant had a prior opportunity to cross-examine the unavailable declarant

Under Crawford v. Washington, the Confrontation Clause bars admission of testimonial hearsay unless the declarant is unavailable AND the defendant had a prior opportunity for cross-examination; post-crime police interviews are testimonial.

Question 134: A sublease differs from an assignment in that:

In a sublease, the subtenant becomes directly liable to the landlord for rent
In a sublease, the original tenant retains a reversionary interest and remains in privity of contract with the landlord (Correct answer)
A sublease always requires the landlord's prior written consent
A sublease transfers the entire remaining lease term to the subtenant

Correct answer: In a sublease, the original tenant retains a reversionary interest and remains in privity of contract with the landlord

In a sublease, the original tenant transfers less than the full remaining term, retaining a reversion, and remains responsible to the landlord under the original lease.

Question 135: A 'line-up' or 'edge-up' in professional barbering refers to:

Stacking layers at the crown for extra volume
Aligning the client's head position in the chair before cutting
Creating sharp, geometric edges at the forehead, temples, and sideburn hairline (Correct answer)
Organizing product bottles on the barber station shelf

Correct answer: Creating sharp, geometric edges at the forehead, temples, and sideburn hairline

A line-up or edge-up uses a trimmer or razor to create crisp, defined geometric edges that frame the entire haircut.

Question 136: An employer gives a reference falsely stating a former employee was fired for theft. The employer's strongest defense in a defamation action is:

Qualified privilege, because the statement was made in good faith on a matter of common interest to a party with a legitimate need to know (Correct answer)
Truth (justification), since truth is a complete defense to defamation
Absolute privilege, because employment references are fully immune from defamation claims
Opinion privilege, because character assessments are always treated as protected opinion

Correct answer: Qualified privilege, because the statement was made in good faith on a matter of common interest to a party with a legitimate need to know

Employment references are protected by a qualified privilege when made in good faith, but the privilege is defeated by actual malice — knowing falsity or reckless disregard for the truth.

Question 137: Under TRE 408, evidence of settlement offers and negotiations is inadmissible to prove:

A party's overall financial condition at the time of the dispute
That a party has made similar claims in prior litigation
The precise amount of economic damages the plaintiff suffered
Liability for or invalidity of the disputed claim (Correct answer)

Correct answer: Liability for or invalidity of the disputed claim

TRE 408 bars compromise evidence to prove liability or the invalidity of a claim, protecting the candor necessary for settlement negotiations.

Question 138: Using a product on a client that you know may cause an allergic reaction without disclosing the risk would violate which ethical principle?

Continuing education requirements
TDLR licensing categories
Beneficence and informed consent (Correct answer)
Employer confidentiality

Correct answer: Beneficence and informed consent

Barbers are ethically obligated to disclose known risks so clients can make informed decisions about their care.

Question 139: Under Texas Rule of Civil Procedure 329b(c), what happens to a timely filed motion for new trial if the trial court has not ruled on it within 75 days after the judgment is signed?

The motion is deemed granted and the case is automatically set for retrial
The appellate timetable is suspended until the court actually rules on the motion
The court retains unlimited time to rule on the motion for new trial
The motion is deemed denied by operation of law at the expiration of the 75-day period (Correct answer)

Correct answer: The motion is deemed denied by operation of law at the expiration of the 75-day period

Under TRCP 329b(c), a motion for new trial not ruled upon by written order within 75 days after the judgment is signed is overruled by operation of law at the expiration of that period.

Question 140: Under Texas TDLR rules, how long must implements be submerged in an EPA-registered disinfectant solution to be considered properly disinfected?

20 minutes
10 minutes (Correct answer)
5 minutes
1 minute

Correct answer: 10 minutes

Texas TDLR requires implements to be fully submerged in an EPA-registered disinfectant for at least 10 minutes to ensure proper disinfection.

Question 141: Perfecting a mechanic's lien on a Texas residential homestead requires, among other things:

A written contract signed by both spouses and compliance with constitutional and statutory notice requirements (Correct answer)
Recording a lis pendens in the county property records before work commences
Sending written notice to the property owner within 30 days of completing all work
Filing an affidavit with the district court within 90 days of last furnishing labor or materials

Correct answer: A written contract signed by both spouses and compliance with constitutional and statutory notice requirements

Texas constitutional mechanic's liens on homesteads require a written contract signed by both spouses (where applicable) and strict compliance with Texas Property Code notice and filing requirements.

Question 142: Under Texas Estates Code §352.001, an executor's statutory commission may not exceed what percentage of the gross fair market value of assets subject to administration?

8%
5% (Correct answer)
2%
10%

Correct answer: 5%

Texas law caps the executor's statutory commission at 5% of the gross fair market value of assets subject to administration.

Question 143: An easement by necessity arises when:

A party uses another's land openly for 10 years without permission
A party records an easement claim in the county deed records
A landlocked parcel is created when a common grantor conveys part of a unified tract (Correct answer)
Two neighbors orally agree to share a common driveway

Correct answer: A landlocked parcel is created when a common grantor conveys part of a unified tract

An easement by necessity requires unity of prior ownership and a subsequent severance that leaves one parcel landlocked with no other access.

Question 144: A defendant is charged with an offense carrying a maximum sentence of six months in jail. He demands a jury trial. Under Baldwin v. New York, the trial court:

Must provide a jury trial if the defendant faces significant collateral consequences beyond the six-month maximum
Must provide a jury trial because any potential incarceration triggers the Sixth Amendment right
May deny the jury trial request because offenses with a maximum of six months or less are 'petty' offenses not covered by the Sixth Amendment jury trial right (Correct answer)
May deny the request only if the defendant has prior felony convictions making him ineligible

Correct answer: May deny the jury trial request because offenses with a maximum of six months or less are 'petty' offenses not covered by the Sixth Amendment jury trial right

Under Baldwin v. New York, the constitutional right to jury trial applies only to 'serious' offenses; those carrying a maximum punishment of six months or less are 'petty' and do not require jury trials.

Question 145: Under Texas law, a court may appoint a guardian for an adult when:

The person is over 70 years of age and lives alone
A physician certifies any degree of mental illness
The person lacks sufficient capacity to manage their personal affairs or property due to a mental or physical condition (Correct answer)
A family member petitions without objection from the proposed ward

Correct answer: The person lacks sufficient capacity to manage their personal affairs or property due to a mental or physical condition

Texas requires proof that the proposed ward is an incapacitated person lacking sufficient capacity to care for themselves or manage their property before a guardian may be appointed.

Question 146: A suspect invokes the right to counsel during custodial interrogation. Police stop questioning. Three days later, without providing counsel, police reinitiate interrogation and the suspect waives rights and confesses. Under Edwards v. Arizona, this waiver is:

Valid because the suspect made a knowing and voluntary waiver at the second interrogation
Valid because a reasonable period of time passed after the initial invocation
Invalid because once a suspect invokes the right to counsel, police may not reinitiate interrogation until counsel has been provided or the suspect initiates communication (Correct answer)
Invalid only if the second interrogation covered the same subject matter as the first

Correct answer: Invalid because once a suspect invokes the right to counsel, police may not reinitiate interrogation until counsel has been provided or the suspect initiates communication

Under Edwards v. Arizona, once a suspect invokes the right to counsel, all police-initiated interrogation must cease until counsel has been made available or the suspect himself reopens communication.

Question 147: A Texas barber's license expired three months ago. They have been continuing to work without renewing. Which statement best describes this situation?

An unlawful practice that exposes the barber to TDLR penalties (Correct answer)
A minor administrative oversight with no consequences
Legal if no client complaints have been filed
Acceptable during a grace period of up to six months

Correct answer: An unlawful practice that exposes the barber to TDLR penalties

Practicing with an expired license violates the Texas Occupations Code and subjects the barber to fines and disciplinary action by TDLR.

Question 148: Which statement correctly describes the 'two-dismissal rule' under FRCP 41(a)(1)(B)?

A plaintiff may not file two separate motions to dismiss in the same federal case
If a plaintiff previously dismissed the same claim in any court, a second voluntary dismissal operates as an adjudication on the merits (Correct answer)
A plaintiff who files two nonsuits must reimburse the defendant's total attorney's fees
A plaintiff may voluntarily dismiss the same claim at most twice before the court enters judgment on the merits

Correct answer: If a plaintiff previously dismissed the same claim in any court, a second voluntary dismissal operates as an adjudication on the merits

FRCP 41(a)(1)(B) provides that a second voluntary dismissal of a previously dismissed claim operates as an adjudication on the merits, barring the plaintiff from refiling that claim.

Question 149: The cranial nerve that controls the primary muscles of facial expression, relevant to barbers during facial massage, is the:

Trigeminal nerve (CN V)
Hypoglossal nerve (CN XII)
Vagus nerve (CN X)
Facial nerve (CN VII) (Correct answer)

Correct answer: Facial nerve (CN VII)

The facial nerve (cranial nerve VII) innervates the muscles of facial expression including the orbicularis oculi, zygomaticus, and orbicularis oris muscles.

Question 150: At what minimum age may a Texas child file a written statement with the court expressing a preference regarding conservatorship?

14 years old
12 years old (Correct answer)
16 years old
10 years old

Correct answer: 12 years old

Texas Family Code §153.009 provides that a child 12 years of age or older may submit a written statement of preference regarding conservatorship to the court.

Question 151: The Double Jeopardy Clause of the Fifth Amendment protects against prosecution after acquittal, conviction, and multiple punishments for the same offense. The 'same offense' is determined by the test from:

Blockburger v. United States (each offense requires proof of an element not required by the other) (Correct answer)
United States v. Dixon (same elements test)
Ashe v. Swenson (collateral estoppel)
Grady v. Corbin (same conduct test)

Correct answer: Blockburger v. United States (each offense requires proof of an element not required by the other)

Under the Blockburger test, two offenses are the 'same offense' for double jeopardy purposes unless each offense requires proof of at least one element that the other does not.

Question 152: Under what circumstance is a Texas premarital agreement unenforceable?

It was signed fewer than 30 days before the wedding
Neither party retained independent legal counsel before signing
The party against whom enforcement is sought proves the agreement was not signed voluntarily (Correct answer)
The agreement does not address the division of community property

Correct answer: The party against whom enforcement is sought proves the agreement was not signed voluntarily

Texas Family Code §4.006 provides that a premarital agreement is unenforceable if the challenging party proves it was not signed voluntarily or that it was unconscionable when signed and the party lacked fair disclosure.

Question 153: Once a parent executes an irrevocable affidavit of voluntary relinquishment in Texas, under what circumstances may it be successfully challenged?

It is absolutely irrevocable and cannot be challenged under any circumstances
It may be challenged only on grounds of fraud, duress, or coercion (Correct answer)
It may be revoked at any time before entry of the final adoption order
It may be revoked within 10 days of signing for any reason

Correct answer: It may be challenged only on grounds of fraud, duress, or coercion

A voluntary relinquishment affidavit under Texas Family Code §161.103 is irrevocable once signed, with challenge limited to proof of fraud, duress, or coercion.

Question 154: For a stepparent adoption to proceed in Texas when the other biological parent is living, what is required?

A home study conducted by a licensed child-placing agency
The living biological parent must consent or have parental rights judicially terminated (Correct answer)
Only the child's written consent if the child is 12 or older
Appointment of a guardian ad litem for the biological parent

Correct answer: The living biological parent must consent or have parental rights judicially terminated

A stepparent adoption requires either the biological parent's consent or a court order terminating that parent's rights before the adoption may be granted.

Question 155: To be effective under Texas law and the federal tax code, a disclaimer of an inherited interest must generally be filed within:

Two years of the decedent's death
Nine months of the decedent's death or nine months after the disclaimant turns 21 (Correct answer)
One year of the decedent's death
Six months of the decedent's death

Correct answer: Nine months of the decedent's death or nine months after the disclaimant turns 21

Both Texas Estates Code §240.009 and IRC §2518 require a qualified disclaimer to be filed within nine months of the transfer (or nine months after the disclaimant turns 21).

Question 156: Monilethrix is a hair disorder characterized by:

Premature graying due to melanocyte loss
Beaded appearance of the hair shaft with alternating thick and thin sections (Correct answer)
Splitting of the hair at the ends
Twisting of the hair shaft at irregular intervals

Correct answer: Beaded appearance of the hair shaft with alternating thick and thin sections

Monilethrix is a rare genetic hair disorder causing the hair shaft to have alternating node-like thickenings and constrictions, giving a beaded appearance that makes hair fragile.

Question 157: Under the Texas standard possession order, on which days does a non-primary parent typically exercise possession during the school year?

Every other weekend only
First, third, and fifth weekends plus Thursday evenings during the school year (Correct answer)
Weekends and all federal holidays
Alternating full weeks throughout the year

Correct answer: First, third, and fifth weekends plus Thursday evenings during the school year

Texas Family Code §153.312 establishes the standard possession order as the first, third, and fifth weekends plus Thursday evenings during the school year.

Question 158: The Contracts Clause of Article I, Section 10 prohibits states from impairing the obligation of contracts. Under modern doctrine, this clause is reviewed under:

A reasonableness standard that gives substantial deference to the state's police power judgment (Correct answer)
Per se invalidity whenever a retroactive modification occurs
Strict scrutiny whenever any contract is modified
The same rational basis test applied to economic due process claims

Correct answer: A reasonableness standard that gives substantial deference to the state's police power judgment

Modern Contracts Clause doctrine applies a reasonableness standard, asking whether the impairment is substantial and, if so, whether it is drawn in an appropriate and reasonable way to advance a significant and legitimate public purpose.

Question 159: T bequeaths 'my red Toyota Camry' to A. Before T's death, T sells the Camry and spends the proceeds. Under Texas ademption rules, A receives:

Nothing, because the specific bequest has adeemed by extinction (Correct answer)
A substitute vehicle of equivalent value from the estate
The sale proceeds if they remain traceable in the estate
The fair market value of the car paid from the residuary estate

Correct answer: Nothing, because the specific bequest has adeemed by extinction

Under the identity theory, a specific bequest of property that no longer exists in the estate at death adeems, and the beneficiary receives nothing.

Question 160: In Texas, what is an 'independent administration' of an estate?

Administration handled entirely by the court
Administration with minimal court supervision after initial appointment (Correct answer)
Administration by a corporate trustee
Administration that does not require a will

Correct answer: Administration with minimal court supervision after initial appointment

Independent administration allows the executor to manage the estate with minimal ongoing court oversight, reducing costs and delays. It can be established by will provisions or heir agreement.

Question 161: How should a barber handle personal conflicts or disagreements with a co-worker?

Avoid the co-worker entirely to prevent further issues
Discuss the issue openly in front of clients
Report the co-worker to the management immediately
Address the conflict privately with the co-worker (Correct answer)

Correct answer: Address the conflict privately with the co-worker

Maintaining a professional and harmonious environment is essential in a barbershop. Personal conflicts or disagreements with co-workers should be handled discreetly and respectfully between the individuals involved, away from clients and other staff. Addressing issues privately promotes a positive workplace culture and prevents unprofessional displays that could negatively impact the business and client experience.

Question 162: Under Texas law, muniment of title is an appropriate probate procedure when:

The estate has significant debts that must be paid before distribution
The estate includes real and personal property exceeding $75,000
The executor has died before completing administration
The decedent left no unpaid debts and the only need is to clear title to property (Correct answer)

Correct answer: The decedent left no unpaid debts and the only need is to clear title to property

Muniment of title is used when there are no unpaid debts and the sole purpose is to pass title; it is simpler than full probate administration.

Question 163: When may a Texas court deviate from the statutory child support percentage guidelines?

Only upon a written agreement of both parents approved by the court
Only when the obligor's net resources exceed the statutory cap
Never; the guidelines are mandatory in all cases
When applying the guidelines would be unjust or inappropriate given the circumstances of the case (Correct answer)

Correct answer: When applying the guidelines would be unjust or inappropriate given the circumstances of the case

Texas Family Code §154.123 permits deviation from the guidelines when evidence shows that application of the guidelines would be unjust or inappropriate.

Question 164: Under Texas law, which of the following is classified as a spouse's separate property?

Wages earned by either spouse during the marriage
Rental income derived from community property
An inheritance received by one spouse during marriage (Correct answer)
Real estate purchased with community funds during marriage

Correct answer: An inheritance received by one spouse during marriage

Texas Family Code §3.001 defines separate property to include property acquired by gift, devise, or descent, including inheritances received during marriage.

Question 165: For federal diversity jurisdiction under 28 U.S.C. § 1332, the amount in controversy must exceed:

$75,000 (Correct answer)
$100,000
$10,000
$50,000

Correct answer: $75,000

Federal diversity jurisdiction requires that the matter in controversy exceed $75,000, exclusive of interest and costs, under 28 U.S.C. § 1332(a).

Question 166: Texas TDLR requires licensed barbers to complete continuing education (CE) as a condition of license renewal. What is the PRIMARY ethical reason for this requirement?

To discourage part-time barbers from remaining licensed
To align Texas law with international cosmetology standards
To generate revenue for the state
To ensure barbers remain current on safe, competent practices that protect clients (Correct answer)

Correct answer: To ensure barbers remain current on safe, competent practices that protect clients

Continuing education ensures that barbers stay current with evolving safety standards, techniques, and regulations, directly benefiting client health and welfare.

Question 167: The Free Exercise Clause of the First Amendment generally does NOT require religious exemptions from neutral, generally applicable laws under which landmark case?

Wisconsin v. Yoder
Sherbert v. Verner
Church of Lukumi Babalu Aye v. Hialeah
Employment Division v. Smith (Correct answer)

Correct answer: Employment Division v. Smith

Employment Division v. Smith held that neutral, generally applicable laws that incidentally burden religion do not violate the Free Exercise Clause and need only survive rational basis review.

Question 168: What are the requirements for a valid holographic will in Texas?

Typed and notarized
Handwritten and witnessed by two people
Handwritten, signed, and filed with the county clerk
Entirely in the testator's handwriting and signed by the testator (Correct answer)

Correct answer: Entirely in the testator's handwriting and signed by the testator

Texas Estates Code allows holographic wills that are entirely written in the testator's handwriting and signed by them. No witnesses are required.

Question 169: Which doctrine holds that a law is unconstitutionally overbroad if it substantially burdens more protected speech than necessary to achieve the government's interest?

Prior restraint doctrine
Void-for-vagueness doctrine
Overbreadth doctrine (Correct answer)
Secondary effects doctrine

Correct answer: Overbreadth doctrine

The overbreadth doctrine allows facial challenges to laws that sweep too broadly and chill protected expression, even if the challenger's own speech is unprotected.

Question 170: Under Texas Family Code §85.025, what is the maximum effective period for a final protective order in a family violence case?

2 years, unless a lifetime order is warranted by specified circumstances (Correct answer)
1 year
Indefinitely until the respondent seeks modification
6 months

Correct answer: 2 years, unless a lifetime order is warranted by specified circumstances

Texas Family Code §85.025 provides that a protective order may not exceed 2 years, but a lifetime order is available when the respondent has been convicted of or charged with certain serious offenses.

Question 171: A store security guard says, 'Sit here until police arrive or I'll physically drag you back.' The shopper complies. Which element of false imprisonment is most clearly satisfied?

The defendant acted with malice toward the plaintiff
The confinement resulted in actual physical harm to the plaintiff
The plaintiff consented to the confinement by voluntarily complying
The plaintiff was confined through a threat of physical force (Correct answer)

Correct answer: The plaintiff was confined through a threat of physical force

A threat of physical force — 'I'll drag you back' — satisfies the confinement element of false imprisonment even without actual physical restraint.

Question 172: A company contracted to sell corn from a specific harvest. The harvest was destroyed by an unexpected flood. The seller claims it is discharged from the contract. Which best describes the applicable doctrine?

Impossibility due to destruction of the specific subject matter of the contract (Correct answer)
Mutual mistake — both parties assumed the crop would survive
Accord and satisfaction — the seller offers substitute goods
Frustration of purpose — the buyer's purpose is frustrated

Correct answer: Impossibility due to destruction of the specific subject matter of the contract

When a contract is for specific identified goods and those goods are destroyed through no fault of either party before risk of loss passes, the seller is discharged by impossibility due to destruction of the specific subject matter.

Question 173: Which of the following is most likely classified as an easement in gross rather than an easement appurtenant?

An access easement benefiting a landlocked parcel
A utility company's right to run power lines across private property (Correct answer)
A right-of-way granted to the owner of an adjacent parcel to cross the grantor's land
A shared driveway agreement between neighboring landowners

Correct answer: A utility company's right to run power lines across private property

A utility easement benefits a company rather than a particular parcel of land, making it an easement in gross.

Question 174: Under Barker v. Wingo's balancing test for Sixth Amendment speedy trial violations, which of the following is NOT one of the four recognized factors?

Prejudice to the defendant caused by the delay
The reason for the delay attributable to the prosecution
Whether the defendant formally requested dismissal of charges prior to trial (Correct answer)
Length of the delay before trial

Correct answer: Whether the defendant formally requested dismissal of charges prior to trial

The four Barker v. Wingo factors are: length of delay, reason for delay, whether the defendant asserted the right to a speedy trial, and prejudice—not whether the defendant formally sought dismissal.

Question 175: The spousal testimonial privilege in Texas permits a spouse to refuse to testify against the other spouse in:

Divorce or family law proceedings only
Criminal proceedings only (Correct answer)
Any civil or criminal proceeding
Civil proceedings only

Correct answer: Criminal proceedings only

The spousal testimonial privilege in Texas applies in criminal proceedings, allowing a witness-spouse to refuse to testify against the defendant-spouse.

Question 176: Texas does not have a surviving spouse elective share statute primarily because:

Federal law preempts any state-law elective share for surviving spouses
Texas allows a surviving spouse to claim a 25% forced share by filing a timely claim with the probate court
Texas is a community property state and the surviving spouse already owns one-half of community property (Correct answer)
The Texas Constitution prohibits all forms of forced heirship

Correct answer: Texas is a community property state and the surviving spouse already owns one-half of community property

Because each spouse already owns an undivided one-half interest in community property during the marriage, Texas deems an elective share statute unnecessary.

Question 177: After indictment, police conduct a lineup to identify a robbery suspect without notifying or providing the defendant's attorney. A witness selects the suspect. Under United States v. Wade, the lineup identification:

Is admissible because the witness can be cross-examined at trial about the lineup procedure
May be excluded because a post-indictment lineup is a critical stage of prosecution at which the defendant has a Sixth Amendment right to have counsel present (Correct answer)
Is admissible because the lineup was not unnecessarily suggestive
May be excluded only if the defendant also challenges the in-court identification

Correct answer: May be excluded because a post-indictment lineup is a critical stage of prosecution at which the defendant has a Sixth Amendment right to have counsel present

Under United States v. Wade, a post-indictment lineup is a critical stage of prosecution at which the defendant has a Sixth Amendment right to counsel; evidence from an uncounseled lineup may be suppressed.

Question 178: A client presents with an open sore on their scalp. Under Texas barber safety guidelines, what should the barber do?

Refer the client to a physician and decline the service (Correct answer)
Apply antiseptic to the area and continue
Perform the service with extra care and avoid the area
Wear double gloves and complete the haircut

Correct answer: Refer the client to a physician and decline the service

Texas barber regulations prohibit services on clients with open sores, wounds, or infectious skin conditions; the barber must decline and refer the client to a healthcare provider.

Question 179: A jury deliberates for six days without reaching a verdict and is dismissed over the defendant's objection. The prosecutor seeks to retry the defendant. Double jeopardy:

Bars retrial if the jury's vote indicated it leaned toward acquittal
Does not bar retrial only if the defendant consented to dismissing the jury
Does not bar retrial because a hung jury constitutes manifest necessity for a mistrial, permitting a new trial (Correct answer)
Bars retrial because jeopardy attached when the jury was sworn and the defendant objected to the mistrial

Correct answer: Does not bar retrial because a hung jury constitutes manifest necessity for a mistrial, permitting a new trial

A hung jury constitutes 'manifest necessity' for a mistrial, and retrial after such a mistrial does not violate double jeopardy even over the defendant's objection.

Question 180: T revokes Will #1 by executing Will #2. T then revokes Will #2 by destroying it. Under Texas law, Will #1 is:

Automatically revived because Will #2 was the revoking instrument
Permanently revoked once superseded by any subsequent will
Not revived unless T re-executes it or a codicil expressly refers to it (Correct answer)
Revived if T makes a written statement of intent to revive it

Correct answer: Not revived unless T re-executes it or a codicil expressly refers to it

Texas follows the no-automatic-revival rule; destroying the second will does not restore the first will without re-execution or express revival language.

Question 181: Under TRE 1003, a duplicate is inadmissible when:

The opposing party objects without stating a specific reason
A genuine question exists as to the authenticity of the original (Correct answer)
The duplicate was produced by a party adverse to the proponent
The original has been intentionally destroyed by the proponent

Correct answer: A genuine question exists as to the authenticity of the original

A duplicate is inadmissible under TRE 1003 when there is a genuine question about the original's authenticity or when it would be unfair to admit the duplicate.

Question 182: What is the primary purpose of a patch test before applying hair dye?

To measure the client’s hair density
To determine the correct color of dye
To ensure the client is not allergic to the dye (Correct answer)
To check the pH level of the dye

Correct answer: To ensure the client is not allergic to the dye

A patch test, also known as a predisposition test, is a crucial safety measure performed at least 24-48 hours before a hair coloring service. A small amount of the dye mixture is applied to a discreet area of the skin to check for any adverse allergic reaction. This helps prevent severe allergic responses, such as itching, redness, or swelling, which can occur if a client is sensitive to the dye's ingredients.

Question 183: Under Texas law (as modified by Haygood v. De Escabedo), the amount a plaintiff can recover for past medical expenses in a personal injury case is limited to:

The amounts covered by the plaintiff's health insurance plus any copayments
The amounts actually paid or incurred by or on behalf of the plaintiff, not inflated billed amounts (Correct answer)
The full amount billed by healthcare providers regardless of discounts or write-offs
Whatever amount the jury determines is reasonable based on the plaintiff's testimony

Correct answer: The amounts actually paid or incurred by or on behalf of the plaintiff, not inflated billed amounts

The Texas Supreme Court's Haygood decision limits recovery for medical expenses to amounts actually paid or legally owed, excluding phantom charges that were billed but never expected to be collected.

Question 184: Which of the following social media posts by a Texas barber would be MOST likely to violate professional ethics standards?

Advertising a shop discount for new clients
Posting before/after photos with the client's written consent
Sharing a photo of a client's visible skin condition without permission (Correct answer)
Posting a general tip about beard grooming

Correct answer: Sharing a photo of a client's visible skin condition without permission

Sharing a client's identifying health or personal information without consent violates privacy and professional ethical duties.

Question 185: Which of the following debts is presumed to be a community debt under Texas law?

Medical debt from an illness one spouse had prior to marriage
A credit card debt incurred by one spouse during marriage for household expenses (Correct answer)
A student loan incurred by one spouse before marriage
A mortgage executed solely by one spouse before marriage

Correct answer: A credit card debt incurred by one spouse during marriage for household expenses

Just as property acquired during marriage is presumed community, debts incurred during marriage are presumed to be community obligations under Texas law.

Question 186: A testator who suffers from an insane delusion may lack testamentary capacity only if:

The insane delusion actually influenced the testamentary disposition (Correct answer)
The insane delusion concerned the testator's family members or property
Any insane delusion is shown to exist at the time the will was executed
The testator was hospitalized for psychiatric treatment at the time of execution

Correct answer: The insane delusion actually influenced the testamentary disposition

An insane delusion invalidates a will only when there is a causal connection between the delusion and the testamentary act — the delusion must have affected what the testator did in the will.

Question 187: Under Texas law, can a spouse be completely disinherited by will?

Yes, a will can completely disinherit a spouse
No, the spouse always inherits at least 50% of the estate
Only if the spouse agrees in writing
The spouse retains rights to community property and homestead regardless of the will (Correct answer)

Correct answer: The spouse retains rights to community property and homestead regardless of the will

A Texas spouse cannot be completely disinherited because they retain their community property share and homestead rights, which a will cannot override.

Question 188: In Texas, which ground for divorce does NOT require proof of fault?

Abandonment
Insupportability (no-fault) (Correct answer)
Cruelty
Adultery

Correct answer: Insupportability (no-fault)

Insupportability is Texas's no-fault divorce ground, requiring only that the marriage has become insupportable due to discord or conflict with no reasonable expectation of reconciliation.

Question 189: Marketable title, which a seller is generally required to deliver at closing, means title that is:

Insured by a title insurance company and guaranteed against all possible defects
Confirmed by a quiet title judgment entered by a district court
Held by the seller for at least 10 years without any adverse claims of record
Free from reasonable doubt about its validity, such that a reasonable buyer would accept it without objection (Correct answer)

Correct answer: Free from reasonable doubt about its validity, such that a reasonable buyer would accept it without objection

Marketable title is title reasonably free from doubt or defects that a reasonable, prudent buyer would object to; it does not require absolute perfection or judicial confirmation.

Question 190: Under Texas Estates Code §256.003, a will must generally be filed for probate within how many years of the testator's death?

1 year
2 years
4 years (Correct answer)
7 years

Correct answer: 4 years

Texas requires a will to be filed for probate within four years of the testator's death unless the proponent was not in default.

Question 191: Which acid-based chemical process is used to straighten hair by temporarily breaking hydrogen bonds without permanently altering disulfide bonds?

Thermal reconditioning
Keratin smoothing treatment (Correct answer)
Thio relaxer
Hydroxide relaxer

Correct answer: Keratin smoothing treatment

Keratin smoothing treatments (Brazilian blowouts) use formaldehyde or formaldehyde-releasing compounds to temporarily relax hydrogen bonds and coat the cuticle, providing temporary straightening.

Question 192: The arrector pili muscle, found in the dermis, is responsible for:

Regulating blood flow to the hair papilla
Pumping sebum from the sebaceous gland to the surface
Controlling the growth cycle of the hair follicle
Contracting to cause the hair to stand upright (goosebumps) (Correct answer)

Correct answer: Contracting to cause the hair to stand upright (goosebumps)

The arrector pili is a small smooth muscle attached to the hair follicle; when it contracts in response to cold or fear, it causes the hair to stand erect, creating 'goosebumps.'

Question 193: Under the Texas slayer rule (Estates Code §201.058), a beneficiary who feloniously and intentionally kills the decedent:

Retains all bequests because the will controls disposition until a court orders otherwise
Forfeits benefits under the will but may still inherit by intestacy
May be disinherited only by court order obtained within one year of the death
Forfeits any benefit under the will and by intestate succession (Correct answer)

Correct answer: Forfeits any benefit under the will and by intestate succession

Texas treats a felonious and intentional killer of the decedent as having predeceased the decedent, barring any benefit under the estate by will or intestacy.

Question 194: Under Texas law, what happens to a person's property if they die without a will (intestate) and are survived by a spouse and children from that marriage?

The property escheats to the state
The spouse inherits everything
The children inherit everything
The spouse inherits all community property and one-third of separate personal property (Correct answer)

Correct answer: The spouse inherits all community property and one-third of separate personal property

When all children are also children of the surviving spouse, the spouse inherits all community property, one-third of separate personal property, and a life estate in one-third of separate real property.

Question 195: A creditor and debtor enter a contract under which the debtor agrees to pay the creditor $10,000. The debtor then assigns this payment obligation to a third party (assignee), who promises to pay the creditor. The creditor is a third-party beneficiary. Which best describes the creditor's status?

Nominal beneficiary — the creditor must re-negotiate directly with the assignee
Incidental beneficiary — the creditor has no enforceable rights
Donee beneficiary — the debtor intended to make a gift to the creditor
Creditor beneficiary — the debtor owed a pre-existing obligation to the creditor (Correct answer)

Correct answer: Creditor beneficiary — the debtor owed a pre-existing obligation to the creditor

A creditor beneficiary is a third party to whom the promisee owes a pre-existing obligation and who benefits from performance of the contract — this beneficiary has enforceable rights against the promisor.

Question 196: During a haircut service, a barber accidentally nicks a client causing blood exposure. After stopping the bleeding, the barber should:

Continue the service after applying light pressure with a cloth
Wipe the area with a damp towel and resume cutting
Apply a styptic pencil and immediately proceed with the service
Remove gloves, re-disinfect the area, and document the blood exposure incident (Correct answer)

Correct answer: Remove gloves, re-disinfect the area, and document the blood exposure incident

Blood exposure requires proper PPE removal, thorough surface disinfection, and incident documentation per TDLR health and safety standards.

Question 197: Which of the following activities is most likely classified as 'abnormally dangerous,' justifying strict liability in Texas?

Storing large quantities of explosives in a residential neighborhood (Correct answer)
Running a commercial passenger airline on scheduled routes
Performing surgery using high-powered medical lasers
Operating a gasoline service station in a commercial district

Correct answer: Storing large quantities of explosives in a residential neighborhood

Storing large quantities of explosives is a classic abnormally dangerous activity — it creates a risk of serious harm that cannot be eliminated even with reasonable care.

Question 198: Maria witnesses her husband being struck by a negligently driven car. She was not physically endangered but suffers severe emotional distress. Under Texas law, can Maria recover for negligent infliction of emotional distress (NIED)?

Yes, if she was present at or near the scene, contemporaneously perceived the injury, and is a close family member of the victim (Correct answer)
No, because Texas does not recognize NIED claims by bystanders under any circumstances
Yes, but only if she was within the zone of physical danger and feared for her own safety
Yes, automatically as the injured party's spouse, without additional requirements

Correct answer: Yes, if she was present at or near the scene, contemporaneously perceived the injury, and is a close family member of the victim

Texas's bystander NIED rule requires presence at or near the scene, contemporaneous perception of the injury as it occurred, and a close family relationship with the primary victim.

Question 199: The owner of a state-licensed massage parlor sued the state for arbitrarily canceling its license and prior business permits to conduct a massage parlor at a given location in the city. Due to allegations of illegal activities in other massage parlors not affiliated with this owner, the city canceled the owner's personal license and revoked the business permits. The only information provided was a general notice from the city declaring a new policy on massage parlors that had to be rapidly instituted for the welfare of the community. She sued the city in federal court, claiming that her business had been taken without just compensation in violation of the Fifth Amendment takings clause. She claimed a lack of procedural due process under the Fourteenth Amendment. The court granted a motion to dismiss based on her not having a property interest that was affected, including in the license and permits. She appealed the decision. Will the federal Court of Appeals affirm the lower court dismissal of her case?

Yes, because there is no right to earning a living under the substantive due process clause.
No, because once the parlor had opened with all the proper permits, it could not be deprived of its licenses for any reason until they were for renewal.
Yes, because the state interest in protecting the public from illegal activities required the state action that was taken.
No, because she had a property right in her license and permits, which were taken without any procedural due process. (Correct answer)

Correct answer: No, because she had a property right in her license and permits, which were taken without any procedural due process.

The most likely successful constitutional argument is that the law infringes on fundamental rights of the individual, specifically personal liberty and autonomy. Laws dictating personal appearance and dress often implicate the right to privacy and self-expression, which are protected under the Due Process Clause of the Fourteenth Amendment. Such broad and intrusive government mandates on personal choices are generally subject to heightened scrutiny and are unlikely to survive constitutional challenge.

Question 200: Which of the following is an example of maintaining professionalism in a barbershop?

Maintaining a clean and organized workspace (Correct answer)
Wearing casual clothing that reflects your personal style
Arriving late to appointments but making up for it with extra time
Engaging in personal conversations with clients during their service

Correct answer: Maintaining a clean and organized workspace

Professionalism in a barbershop encompasses several aspects, and a clean and organized workspace is fundamental. It reflects a barber's attention to detail, commitment to hygiene, and respect for clients, ensuring a safe and pleasant environment. This practice contributes to a positive client experience, upholds industry standards, and demonstrates a high level of professionalism.

Texas Bar Exam

This exam assesses a candidate's competence to practice law in Texas, covering both national and state-specific legal principles.

200

Questions

1080 min

Time Limit

67%

To Pass

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