UBE BAR EXAM ACTUAL UPDATED
QUESTIONS AND CORRECT ANSWERS
To the buyer once the item is given to a common carrier - CORRECT
ANSWERS✅✅F.O.B. (buyer's location) transfers risk when
Yes - CORRECT ANSWERS✅✅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
ANSWERS✅✅Class Action Fairness Act Requirements
Free and clear of an unreasonable risk of litigation at the time of closing - CORRECT
ANSWERS✅✅Marketable title must be
When the goods are identified (unless contract states otherwise) - CORRECT
ANSWERS✅✅When does a buyer acquire insurable interest in goods?
unlawful killing of another
with malice aforethought - CORRECT ANSWERS✅✅Common-law murder
Burglary
Arson
Robbery
Rape
Kidnapping - CORRECT ANSWERS✅✅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 ANSWERS✅✅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 ANSWERS✅✅Voluntary manslaughter
Intentional Homicide committed with criminal negligence (recklessness under MPC) or
during unlawful act
Something less than depraved-heart murder - CORRECT ANSWERS✅✅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 ANSWERS✅✅Larceny
Larceny + force or threat of force - CORRECT ANSWERS✅✅Robbery
Owner of property entrusts property with another
The other then converts the property - CORRECT ANSWERS✅✅Embezzlement
, Larceny
Accomplished by fraud or deceit
That results in conversion of property of another - CORRECT ANSWERS✅✅Larceny by
trick
Making
Of a false writing
With apparent legal significance &
Intent to defraud - CORRECT ANSWERS✅✅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 ANSWERS✅✅False
Pretenses
Determining
Ambiguous terms
Condition precedent - CORRECT ANSWERS✅✅Prior extrinsic evidence allowed in Parol
Evidence Rule
For "sum certain" - no notice
For all others - 7 days - CORRECT ANSWERS✅✅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
ANSWERS✅✅Ineffective Assistance of Counsel
QUESTIONS AND CORRECT ANSWERS
To the buyer once the item is given to a common carrier - CORRECT
ANSWERS✅✅F.O.B. (buyer's location) transfers risk when
Yes - CORRECT ANSWERS✅✅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
ANSWERS✅✅Class Action Fairness Act Requirements
Free and clear of an unreasonable risk of litigation at the time of closing - CORRECT
ANSWERS✅✅Marketable title must be
When the goods are identified (unless contract states otherwise) - CORRECT
ANSWERS✅✅When does a buyer acquire insurable interest in goods?
unlawful killing of another
with malice aforethought - CORRECT ANSWERS✅✅Common-law murder
Burglary
Arson
Robbery
Rape
Kidnapping - CORRECT ANSWERS✅✅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 ANSWERS✅✅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 ANSWERS✅✅Voluntary manslaughter
Intentional Homicide committed with criminal negligence (recklessness under MPC) or
during unlawful act
Something less than depraved-heart murder - CORRECT ANSWERS✅✅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 ANSWERS✅✅Larceny
Larceny + force or threat of force - CORRECT ANSWERS✅✅Robbery
Owner of property entrusts property with another
The other then converts the property - CORRECT ANSWERS✅✅Embezzlement
, Larceny
Accomplished by fraud or deceit
That results in conversion of property of another - CORRECT ANSWERS✅✅Larceny by
trick
Making
Of a false writing
With apparent legal significance &
Intent to defraud - CORRECT ANSWERS✅✅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 ANSWERS✅✅False
Pretenses
Determining
Ambiguous terms
Condition precedent - CORRECT ANSWERS✅✅Prior extrinsic evidence allowed in Parol
Evidence Rule
For "sum certain" - no notice
For all others - 7 days - CORRECT ANSWERS✅✅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
ANSWERS✅✅Ineffective Assistance of Counsel
