ILLINOIS BAR EXAMINATION (UBE) PRACTICE
EXAM: ORIGINAL MULTIPLE-CHOICE QUESTIONS
WITH DETAILED ANSWER EXPLANATIONS 2026
EDITION.
1. Alice agrees in writing to sell her antique piano to Brian for $15,000. Before
delivery, Carol offers Alice $20,000 for the same piano. Alice sells the piano to
Carol instead. Brian sues Alice for breach of contract. Assuming the piano is
unique, what is Brian's best remedy?
A. Recovery of nominal damages only.
B. Punitive damages because Alice acted intentionally.
C. Specific performance requiring Alice to transfer the piano if still possible.
D. Rescission of the contract.
Rationale: Because the piano is unique, money damages may be inadequate.
Specific performance is generally available for unique goods when the seller still
has the ability to perform.
2. During a criminal trial, a police officer testifies that an unidentified bystander
pointed to the defendant and said, "That's the man who robbed the store." The
prosecution offers the statement to prove the defendant committed the robbery.
The statement is:
A. Inadmissible hearsay unless an exception applies.
B. Admissible because it was made at the crime scene.
C. Admissible as non-hearsay because the officer heard it directly.
D. Automatically admissible as an excited utterance.
Rationale: The statement is an out-of-court statement offered for its truth. Unless
it qualifies under a hearsay exclusion or exception, it is inadmissible.
,3. A homeowner discovers that a contractor intentionally used inferior materials
instead of those required by contract. The homeowner suffers $30,000 in repair
costs. Which measure of damages is generally appropriate?
A. Punitive damages only.
B. Expectation damages sufficient to place the homeowner in the position he
would have occupied had the contract been properly performed.
C. Nominal damages because the contract was substantially performed.
D. Liquidated damages even though the contract contains no such clause.
Rationale: Contract law primarily awards expectation damages designed to give
the injured party the benefit of the bargain.
4. A state statute prohibits all political demonstrations within one mile of the state
capitol regardless of the size or nature of the gathering. The statute is challenged
under the First Amendment. The court will most likely apply:
A. Rational basis review.
B. Intermediate scrutiny.
C. Strict scrutiny because the law is a content-based restriction on protected
speech.
D. No constitutional review because demonstrations are a privilege.
Rationale: A law targeting political speech is generally content based and is
subject to strict scrutiny.
5. David enters a grocery store, slips on a puddle that had been on the floor for
several hours, and suffers injuries. The store employees should have discovered
the puddle during routine inspections. David sues the store for negligence. David
will most likely prevail because:
A. Stores are strictly liable for all customer injuries.
B. The puddle itself proves negligence.
C. David assumed the risk by entering the store.
, D. The store breached its duty to exercise reasonable care toward business
invitees.
Rationale: Businesses owe invitees a duty to inspect for and remedy dangerous
conditions that they know or reasonably should know about.
6. Police stop a vehicle for speeding. Without consent or probable cause beyond
the traffic violation, an officer opens the locked trunk and discovers illegal drugs.
The evidence is most likely:
A. Admissible because the vehicle was lawfully stopped.
B. Admissible under the plain-view doctrine.
C. Suppressed because the trunk search violated the Fourth Amendment.
D. Admissible because automobiles receive no Fourth Amendment protection.
Rationale: A lawful traffic stop alone does not justify a warrantless search of a
locked trunk absent an applicable exception.
7. Olivia conveys Blackacre "to Paul for life, then to Rachel and her heirs." Paul's
interest is:
A. A fee simple absolute.
B. A fee simple determinable.
C. A life estate.
D. A leasehold estate.
Rationale: Language granting property "for life" creates a life estate, followed by a
remainder in Rachel.
8. A federal district court has diversity jurisdiction over a negligence action. State
law conflicts with a Federal Rule of Civil Procedure governing amendment of
pleadings. Assuming the Federal Rule is valid under the Rules Enabling Act, the
court should apply:
EXAM: ORIGINAL MULTIPLE-CHOICE QUESTIONS
WITH DETAILED ANSWER EXPLANATIONS 2026
EDITION.
1. Alice agrees in writing to sell her antique piano to Brian for $15,000. Before
delivery, Carol offers Alice $20,000 for the same piano. Alice sells the piano to
Carol instead. Brian sues Alice for breach of contract. Assuming the piano is
unique, what is Brian's best remedy?
A. Recovery of nominal damages only.
B. Punitive damages because Alice acted intentionally.
C. Specific performance requiring Alice to transfer the piano if still possible.
D. Rescission of the contract.
Rationale: Because the piano is unique, money damages may be inadequate.
Specific performance is generally available for unique goods when the seller still
has the ability to perform.
2. During a criminal trial, a police officer testifies that an unidentified bystander
pointed to the defendant and said, "That's the man who robbed the store." The
prosecution offers the statement to prove the defendant committed the robbery.
The statement is:
A. Inadmissible hearsay unless an exception applies.
B. Admissible because it was made at the crime scene.
C. Admissible as non-hearsay because the officer heard it directly.
D. Automatically admissible as an excited utterance.
Rationale: The statement is an out-of-court statement offered for its truth. Unless
it qualifies under a hearsay exclusion or exception, it is inadmissible.
,3. A homeowner discovers that a contractor intentionally used inferior materials
instead of those required by contract. The homeowner suffers $30,000 in repair
costs. Which measure of damages is generally appropriate?
A. Punitive damages only.
B. Expectation damages sufficient to place the homeowner in the position he
would have occupied had the contract been properly performed.
C. Nominal damages because the contract was substantially performed.
D. Liquidated damages even though the contract contains no such clause.
Rationale: Contract law primarily awards expectation damages designed to give
the injured party the benefit of the bargain.
4. A state statute prohibits all political demonstrations within one mile of the state
capitol regardless of the size or nature of the gathering. The statute is challenged
under the First Amendment. The court will most likely apply:
A. Rational basis review.
B. Intermediate scrutiny.
C. Strict scrutiny because the law is a content-based restriction on protected
speech.
D. No constitutional review because demonstrations are a privilege.
Rationale: A law targeting political speech is generally content based and is
subject to strict scrutiny.
5. David enters a grocery store, slips on a puddle that had been on the floor for
several hours, and suffers injuries. The store employees should have discovered
the puddle during routine inspections. David sues the store for negligence. David
will most likely prevail because:
A. Stores are strictly liable for all customer injuries.
B. The puddle itself proves negligence.
C. David assumed the risk by entering the store.
, D. The store breached its duty to exercise reasonable care toward business
invitees.
Rationale: Businesses owe invitees a duty to inspect for and remedy dangerous
conditions that they know or reasonably should know about.
6. Police stop a vehicle for speeding. Without consent or probable cause beyond
the traffic violation, an officer opens the locked trunk and discovers illegal drugs.
The evidence is most likely:
A. Admissible because the vehicle was lawfully stopped.
B. Admissible under the plain-view doctrine.
C. Suppressed because the trunk search violated the Fourth Amendment.
D. Admissible because automobiles receive no Fourth Amendment protection.
Rationale: A lawful traffic stop alone does not justify a warrantless search of a
locked trunk absent an applicable exception.
7. Olivia conveys Blackacre "to Paul for life, then to Rachel and her heirs." Paul's
interest is:
A. A fee simple absolute.
B. A fee simple determinable.
C. A life estate.
D. A leasehold estate.
Rationale: Language granting property "for life" creates a life estate, followed by a
remainder in Rachel.
8. A federal district court has diversity jurisdiction over a negligence action. State
law conflicts with a Federal Rule of Civil Procedure governing amendment of
pleadings. Assuming the Federal Rule is valid under the Rules Enabling Act, the
court should apply:
