Free ACP Practice Questions

Question 1

A retained engineer will testify in a federal products-liability action and must provide an expert report. During document review, the paralegal finds four communications between counsel and the engineer. Which communication falls within an express exception to attorney-expert trial-preparation protection?

Accepted Answer

An email identifying test data that the engineer considered but ultimately rejected.

Answer

An email proposing a factual assumption that the engineer considered but did not rely on.

Answer

An email suggesting organizational changes to an unserved draft of the engineer's report.

Answer

An email discussing cross-examination strategy without supplying facts, data, or assumptions.

Question 2

After a telephone negotiation, a steel supplier sends a purchasing company a signed confirmation identifying 400 steel plates and a total price of $32,000. Both parties are merchants. The buyer receives the confirmation the next day, understands its contents, and makes no written objection for 18 days. The buyer later denies that any oral agreement was reached. Under UCC section 2-201, what does the unchallenged confirmation establish?

Accepted Answer

The writing requirement is satisfied against the buyer, but contract formation remains to be proved.

Answer

The buyer accepted the contract by silence and can no longer contest whether an agreement was reached.

Answer

The contract remains unenforceable because the buyer did not sign the supplier's written confirmation.

Answer

The writing requirement remains unsatisfied until the buyer pays for or accepts some of the plates.

Question 3

A discovery search is tested against a collection whose documents have all been independently classified for responsiveness. The search achieves 96% precision and 48% recall. The review manager proposes using the search unchanged because nearly everything it retrieves is responsive. Which assessment best explains the significance of these results?

Accepted Answer

The search retrieves mostly responsive material but misses many responsive documents; broader criteria need validation.

Answer

Too much irrelevant material is being retrieved; narrower criteria would improve the search.

Answer

Nearly all responsive documents were found; the search can be used without further adjustment.

Answer

The discrepancy demonstrates inconsistent manual coding; recode the collection before retesting the search.

Question 4

An adult client's injury claim settles for $150,000. The enforceable fee agreement awards counsel one-third of the recovery after reimbursable litigation costs are deducted, but before medical liens are deducted. Costs total $12,000. A signed lien-resolution agreement reduces the only medical lien from $30,000 to $18,000. There are no other deductions. The draft closing statement lists a $50,000 attorney fee and an $88,000 client payment. Which replacement entries follow the agreements?

Accepted Answer

$46,000 attorney fee; $74,000 client payment.

Answer

$50,000 attorney fee; $70,000 client payment.

Answer

$40,000 attorney fee; $80,000 client payment.

Answer

$46,000 attorney fee; $62,000 client payment.

Question 5

An eight-year-old and a parent reach a California shelter after the other parent makes a documented threat of serious violence against them. The child has lived in Nevada for four years, and a Nevada court has an existing custody order and continuing jurisdiction. Immediate protection is necessary, and the child is physically present in California. Which response addresses the immediate custody emergency without exceeding California's authority under its Uniform Child Custody Jurisdiction and Enforcement Act?

Accepted Answer

Issue temporary protection with a limited-duration order and immediate communication with the Nevada court.

Answer

Permanently modify custody based on the child's immediate need for protection in California.

Answer

Defer relief until the Nevada court relinquishes jurisdiction over its existing custody order.

Answer

Enter an initial custody order, treating the child's shelter residence as a significant connection to California.

Question 6

During closing argument in a federal civil trial, counsel uses a timeline solely to organize testimony already heard. The judge permits it as an illustrative aid and directs that it be marked for the record, but does not admit it as evidence. When the jury retires, a clerk asks the paralegal to add the timeline to the exhibit packet. The parties have not consented, and the judge has made no order allowing its use in deliberations. How should the timeline be handled?

Accepted Answer

Retain it in the record, but exclude it from the jury's packet absent consent or a court order.

Answer

Include it; marking an aid for the record makes it an admitted exhibit.

Answer

Include it with a limiting instruction because its contents came entirely from testimony heard in court.

Answer

Treat it as Rule 1006 evidence; it condenses testimony already presented at trial.

Question 7

The inspector's tally for a Delaware corporation shows 1,000 outstanding shares entitled to one vote each, with 700 represented throughout a shareholder meeting. An ordinary resolution receives 320 votes in favor, 160 against, and 220 abstentions. The certificate and bylaws contain no special quorum or voting provision, and the action is not a director election or an action requiring a special statutory vote. What result belongs in the minutes?

Accepted Answer

A quorum existed, but the resolution failed to receive a majority of represented voting shares.

Answer

The resolution passed because affirmative votes exceeded negative votes at a meeting with a quorum.

Answer

No valid vote occurred because fewer than 501 shares cast either an affirmative or a negative vote.

Answer

The resolution failed because ordinary shareholder action requires 501 affirmative votes here.

Question 8

While being transported after a lawful arrest, a suspect blurts out, 'I hid the stolen tools in my garage.' No officer has questioned the suspect, discussed the case within earshot, or otherwise tried to elicit a response. The statement is voluntary, and Miranda warnings have not yet been given. Defense counsel asks whether the absence of warnings, by itself, requires suppression. The correct conclusion is:

Accepted Answer

Miranda does not bar a genuinely volunteered statement that was not the product of interrogation.

Answer

Suppression is required because formal custody makes any unwarned incriminating statement inadmissible.

Answer

Admission depends on whether the suspect repeats the statement after receiving warnings and signing a waiver.

Answer

The statement may be used for impeachment, but not as substantive evidence in the prosecution's case.

Question 9

A town permits an office project on a 10,000-square-foot lot. Its code limits total counted floor area to 0.60 times lot area and building footprint to 40% of lot area. All proposed floors count in full; the upper floor sits entirely within the first-floor footprint. Setbacks, height, parking, and all other requirements are satisfied. Which design can proceed without relief from either dimensional limit?

Accepted Answer

Two floors containing 2,800 square feet each, with a 2,800-square-foot footprint.

Answer

One floor containing 5,000 square feet, with a 5,000-square-foot footprint.

Answer

Two floors containing 3,400 square feet each, with a 3,400-square-foot footprint.

Answer

A 4,200-square-foot first floor and 1,400-square-foot upper floor, with a 4,200-square-foot footprint.

Question 10

A manufacturer receives a properly noticed Rule 30(b)(6) deposition in federal court about its former product-testing program. The parties have conferred and resolved all objections to the topics. Every engineer who worked on the program has left, but detailed testing records remain, and a current quality manager can be prepared from them. The manager says, 'I was not employed here then, so I can testify only that I do not know.' What preparation is required?

Accepted Answer

Prepare the manager to testify about information known or reasonably available to the manufacturer.

Answer

Limit the manager's preparation to personally observed events and referrals to former employees.

Answer

Produce the testing records in place of testimony because the organization lacks a firsthand employee witness.

Answer

Seek to cancel the deposition until a former engineer agrees to return and testify for the organization.

Free ACP Practice Questions

Domain 1: Manufacturing design rules

Question 1

Domain 2: 3D component modeling

Question 2

Domain 3: 3D assembly modeling and management

Question 3

Question 4

Domain 4: Create exploded view animations

Question 5

Domain 5: Technical detailed drawing creation

Question 6

Domain 6: Rendered image creation

Question 7

More ACP practice questions

Question 8

Question 9

Question 10

That's 10 of 1,030