UBE Bar Exam – 2026 – Study Guide and Practice
Material
To the buyer once the item is given to a common carrier - correct answer ✔✔ F.O.B. (buyer's
location) transfers risk when
Yes - correct answer ✔✔ Does Congress have the power to provide uniform rules for bankruptcy
1. At least 100 members
2. Primary Defendants are not states, state officials, or state entities
3. Does not involve securities related cases
4. Amount in controversy exceeds $5 million in sum
5. Minimum diversity (one P, one D from different states) - correct answer ✔✔ Class Action
Fairness Act Requirements
Free and clear of an unreasonable risk of litigation at the time of closing - correct answer ✔✔
Marketable title must be
When the goods are identified (unless contract states otherwise) - correct answer ✔✔ When
does a buyer acquire insurable interest in goods?
unlawful killing of another
with malice aforethought - correct answer ✔✔ Common-law murder
Burglary
Arson
Robbery
,Rape
Kidnapping - correct answer ✔✔ Crimes capable of Felony-Murder at common Law
ONE of the following
-Intent to kill
-intent to do serious bodily injury
-Reckless indifference for human life (depraved heart)
-Intent to commit a felony - correct answer ✔✔ Malice aforethought
Murder in response to adequate provocation ("heat of passion")
Could inflame passion of a reasonable person to the extent they cat out of passion rather than
reason - correct answer ✔✔ Voluntary manslaughter
Intentional Homicide committed with criminal negligence (recklessness under MPC) or during
unlawful act
Something less than depraved-heart murder - correct answer ✔✔ Involuntary manslaughter
Trespassory
Taking and
Carrying away
of the personal property of another
With the intent (specific)
to permanently deprive person of property
Does not include services - correct answer ✔✔ Larceny
,Larceny + force or threat of force - correct answer ✔✔ Robbery
Owner of property entrusts property with another
The other then converts the property - correct answer ✔✔ Embezzlement
Larceny
Accomplished by fraud or deceit
That results in conversion of property of another - correct answer ✔✔ Larceny by trick
Making
Of a false writing
With apparent legal significance &
Intent to defraud - correct answer ✔✔ Forgery
Obtaining title to property
of another person
Through the reliance of that person
On a known false representation of a material past or present fact
The representation is made with the intent to defraud - correct answer ✔✔ False Pretenses
Determining
Ambiguous terms
Condition precedent - correct answer ✔✔ Prior extrinsic evidence allowed in Parol Evidence
Rule
, For "sum certain" - no notice
For all others - 7 days - correct answer ✔✔ Default Judgment Notice Requirements
1- Representation by defendant's attorney must fall below objective standard of reasonableness
AND
2- Attorney's deficient performance prejudiced defendant - correct answer ✔✔ Ineffective
Assistance of Counsel
- Within 14 days of certification
- Whether to hear appeal is at court's discretion
- Final judgment rule does not apply - correct answer ✔✔ How do you appeal Class Action
Certification
- $500 in controversy
- Any 2 defendant diverse from Plaintiff - correct answer ✔✔ Federal Statutory Interpleader
Jurisdiction
NO - correct answer ✔✔ Is a cross-claim mandatory
14 days after the last pleading - correct answer ✔✔ Last time to demand jury trial
Pure comparative negligence
Material
To the buyer once the item is given to a common carrier - correct answer ✔✔ F.O.B. (buyer's
location) transfers risk when
Yes - correct answer ✔✔ Does Congress have the power to provide uniform rules for bankruptcy
1. At least 100 members
2. Primary Defendants are not states, state officials, or state entities
3. Does not involve securities related cases
4. Amount in controversy exceeds $5 million in sum
5. Minimum diversity (one P, one D from different states) - correct answer ✔✔ Class Action
Fairness Act Requirements
Free and clear of an unreasonable risk of litigation at the time of closing - correct answer ✔✔
Marketable title must be
When the goods are identified (unless contract states otherwise) - correct answer ✔✔ When
does a buyer acquire insurable interest in goods?
unlawful killing of another
with malice aforethought - correct answer ✔✔ Common-law murder
Burglary
Arson
Robbery
,Rape
Kidnapping - correct answer ✔✔ Crimes capable of Felony-Murder at common Law
ONE of the following
-Intent to kill
-intent to do serious bodily injury
-Reckless indifference for human life (depraved heart)
-Intent to commit a felony - correct answer ✔✔ Malice aforethought
Murder in response to adequate provocation ("heat of passion")
Could inflame passion of a reasonable person to the extent they cat out of passion rather than
reason - correct answer ✔✔ Voluntary manslaughter
Intentional Homicide committed with criminal negligence (recklessness under MPC) or during
unlawful act
Something less than depraved-heart murder - correct answer ✔✔ Involuntary manslaughter
Trespassory
Taking and
Carrying away
of the personal property of another
With the intent (specific)
to permanently deprive person of property
Does not include services - correct answer ✔✔ Larceny
,Larceny + force or threat of force - correct answer ✔✔ Robbery
Owner of property entrusts property with another
The other then converts the property - correct answer ✔✔ Embezzlement
Larceny
Accomplished by fraud or deceit
That results in conversion of property of another - correct answer ✔✔ Larceny by trick
Making
Of a false writing
With apparent legal significance &
Intent to defraud - correct answer ✔✔ Forgery
Obtaining title to property
of another person
Through the reliance of that person
On a known false representation of a material past or present fact
The representation is made with the intent to defraud - correct answer ✔✔ False Pretenses
Determining
Ambiguous terms
Condition precedent - correct answer ✔✔ Prior extrinsic evidence allowed in Parol Evidence
Rule
, For "sum certain" - no notice
For all others - 7 days - correct answer ✔✔ Default Judgment Notice Requirements
1- Representation by defendant's attorney must fall below objective standard of reasonableness
AND
2- Attorney's deficient performance prejudiced defendant - correct answer ✔✔ Ineffective
Assistance of Counsel
- Within 14 days of certification
- Whether to hear appeal is at court's discretion
- Final judgment rule does not apply - correct answer ✔✔ How do you appeal Class Action
Certification
- $500 in controversy
- Any 2 defendant diverse from Plaintiff - correct answer ✔✔ Federal Statutory Interpleader
Jurisdiction
NO - correct answer ✔✔ Is a cross-claim mandatory
14 days after the last pleading - correct answer ✔✔ Last time to demand jury trial
Pure comparative negligence
