Ohio Uniform Bar Examination Practice
Questions & [Verified Answers], Plus
Explained Rationales|2026 Latest
Update| Instant Download PDF
Question 1 — Constitutional Law
Congress passes a statute requiring every state to recognize a
professional license issued by another state, even when the license
holder has never practiced or been physically present in the issuing
state. A state challenges the statute, arguing that professional licensing
has traditionally been regulated by the states. Which is the strongest
argument supporting Congress's authority?
A. Congress possesses unlimited authority whenever interstate
commerce is affected.
B. Congress may regulate interstate commerce, including activities
substantially affecting interstate commerce.
C. Congress has inherent police power over professional licensing.
D. Congress may exercise any power reasonably related to the
Necessary and Proper Clause.
Answer: B.
Rationale: The Commerce Clause gives Congress authority to regulate
interstate commerce and activities that substantially affect interstate
commerce. Professional services crossing state lines can implicate
interstate commerce. Congress does not possess a general federal
police power, so A and C are incorrect. The Necessary and Proper
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,Clause supplements an enumerated power but does not
independently create unlimited regulatory authority.
Question 2 — Contracts
A buyer offered to purchase a painting from a seller for $20,000. The
offer stated, "I will keep this offer open until June 30." The buyer gave
no consideration for keeping the offer open. On June 15, the seller sold
the painting to a third party. On June 20, the buyer attempted to
accept. What is the likely result?
A. A binding contract exists because the seller expressly promised to
keep the offer open.
B. A binding contract exists because the buyer relied on the promise.
C. No contract exists because the promise was unsupported by
consideration.
D. A binding contract exists because the offer was irrevocable for 30
days.
Answer: C.
Rationale: Under common law, an ordinary offer is generally
revocable before acceptance unless supported by consideration
creating an option, reliance sufficient for an exception, or another
recognized basis for irrevocability. A bare promise to keep an offer
open is ordinarily revocable.
Question 3 — Torts
A driver negligently runs a red light and strikes a pedestrian. The
pedestrian suffers a broken leg and incurs $30,000 in medical expenses.
The pedestrian also misses six months of work. The driver argues that
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,the pedestrian should not recover lost wages because the pedestrian
had employer-provided disability insurance. What is the best response?
A. The collateral-source rule generally prevents the defendant from
reducing damages because the plaintiff received benefits from an
independent source.
B. The plaintiff cannot recover lost wages if insurance paid the medical
bills.
C. The plaintiff may recover only the amount actually paid personally.
D. Insurance benefits automatically eliminate economic damages.
Answer: A.
Rationale: Under the collateral-source rule, benefits received from an
independent source, such as insurance, generally do not reduce the
tortfeasor's liability for otherwise recoverable damages.
Question 4 — Evidence
A defendant is charged with assault. The prosecution calls a witness
who testifies that she saw the defendant strike the victim. On cross-
examination, defense counsel asks whether the witness previously
stated that she was "standing too far away to see who struck the
victim." The prosecutor objects that the statement is hearsay. How
should the court rule?
A. Sustain because all prior inconsistent statements are hearsay.
B. Sustain because the statement was not made under oath.
C. Overrule because the statement may be used to impeach the
witness.
D. Overrule only if the prior statement was made in court.
Answer: C.
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, Rationale: A prior inconsistent statement may generally be introduced
to impeach a witness. Its admissibility for substantive purposes
depends on the applicable requirements, but the statement can
ordinarily be used for impeachment.
Question 5 — Criminal Law
A defendant points an unloaded gun at a victim and demands the
victim's wallet. The defendant believes the gun is loaded. The victim,
believing the gun is loaded, gives up the wallet. Which offense is most
clearly established?
A. Larceny
B. Robbery
C. Embezzlement
D. False pretenses
Answer: B.
Rationale: Robbery is the taking of personal property from another's
person or presence by force or threat of immediate physical harm. The
defendant's use of a gun to threaten the victim satisfies the
intimidation component even though the gun is actually unloaded.
Question 6 — Real Property
A conveys Blackacre "to B for life, then to C and C's heirs." B is alive,
and C is alive. What interest does C have?
A. Reversion
B. Possibility of reverter
C. Vested remainder
D. Executory interest
4|Page
Questions & [Verified Answers], Plus
Explained Rationales|2026 Latest
Update| Instant Download PDF
Question 1 — Constitutional Law
Congress passes a statute requiring every state to recognize a
professional license issued by another state, even when the license
holder has never practiced or been physically present in the issuing
state. A state challenges the statute, arguing that professional licensing
has traditionally been regulated by the states. Which is the strongest
argument supporting Congress's authority?
A. Congress possesses unlimited authority whenever interstate
commerce is affected.
B. Congress may regulate interstate commerce, including activities
substantially affecting interstate commerce.
C. Congress has inherent police power over professional licensing.
D. Congress may exercise any power reasonably related to the
Necessary and Proper Clause.
Answer: B.
Rationale: The Commerce Clause gives Congress authority to regulate
interstate commerce and activities that substantially affect interstate
commerce. Professional services crossing state lines can implicate
interstate commerce. Congress does not possess a general federal
police power, so A and C are incorrect. The Necessary and Proper
1|Page
,Clause supplements an enumerated power but does not
independently create unlimited regulatory authority.
Question 2 — Contracts
A buyer offered to purchase a painting from a seller for $20,000. The
offer stated, "I will keep this offer open until June 30." The buyer gave
no consideration for keeping the offer open. On June 15, the seller sold
the painting to a third party. On June 20, the buyer attempted to
accept. What is the likely result?
A. A binding contract exists because the seller expressly promised to
keep the offer open.
B. A binding contract exists because the buyer relied on the promise.
C. No contract exists because the promise was unsupported by
consideration.
D. A binding contract exists because the offer was irrevocable for 30
days.
Answer: C.
Rationale: Under common law, an ordinary offer is generally
revocable before acceptance unless supported by consideration
creating an option, reliance sufficient for an exception, or another
recognized basis for irrevocability. A bare promise to keep an offer
open is ordinarily revocable.
Question 3 — Torts
A driver negligently runs a red light and strikes a pedestrian. The
pedestrian suffers a broken leg and incurs $30,000 in medical expenses.
The pedestrian also misses six months of work. The driver argues that
2|Page
,the pedestrian should not recover lost wages because the pedestrian
had employer-provided disability insurance. What is the best response?
A. The collateral-source rule generally prevents the defendant from
reducing damages because the plaintiff received benefits from an
independent source.
B. The plaintiff cannot recover lost wages if insurance paid the medical
bills.
C. The plaintiff may recover only the amount actually paid personally.
D. Insurance benefits automatically eliminate economic damages.
Answer: A.
Rationale: Under the collateral-source rule, benefits received from an
independent source, such as insurance, generally do not reduce the
tortfeasor's liability for otherwise recoverable damages.
Question 4 — Evidence
A defendant is charged with assault. The prosecution calls a witness
who testifies that she saw the defendant strike the victim. On cross-
examination, defense counsel asks whether the witness previously
stated that she was "standing too far away to see who struck the
victim." The prosecutor objects that the statement is hearsay. How
should the court rule?
A. Sustain because all prior inconsistent statements are hearsay.
B. Sustain because the statement was not made under oath.
C. Overrule because the statement may be used to impeach the
witness.
D. Overrule only if the prior statement was made in court.
Answer: C.
3|Page
, Rationale: A prior inconsistent statement may generally be introduced
to impeach a witness. Its admissibility for substantive purposes
depends on the applicable requirements, but the statement can
ordinarily be used for impeachment.
Question 5 — Criminal Law
A defendant points an unloaded gun at a victim and demands the
victim's wallet. The defendant believes the gun is loaded. The victim,
believing the gun is loaded, gives up the wallet. Which offense is most
clearly established?
A. Larceny
B. Robbery
C. Embezzlement
D. False pretenses
Answer: B.
Rationale: Robbery is the taking of personal property from another's
person or presence by force or threat of immediate physical harm. The
defendant's use of a gun to threaten the victim satisfies the
intimidation component even though the gun is actually unloaded.
Question 6 — Real Property
A conveys Blackacre "to B for life, then to C and C's heirs." B is alive,
and C is alive. What interest does C have?
A. Reversion
B. Possibility of reverter
C. Vested remainder
D. Executory interest
4|Page
