Uniform Bar Examination (UBE)
Advanced Practice Questions
Comprehensive 150-Question
Multiple-Choice Exam a well detailed
exam 2025/2026 graded A+
upgraded !!!
CIVIL PROCEDURE (Questions 1–22)
Question 1
A plaintiff files a negligence action in federal district court against a defendant who is a
citizen of the same state. The plaintiff's claim arises under federal law. The defendant
moves to dismiss for lack of subject matter jurisdiction. How should the court rule?
A. Grant the motion because there is no diversity of citizenship.
B. Grant the motion because the amount in controversy is insufficient.
C. Deny the motion because federal question jurisdiction exists.
D. Deny the motion because the defendant waived the jurisdictional objection.
Correct Answer: C
Rationale: Federal question jurisdiction exists under 28 U.S.C. § 1331 when the plaintiff's
claim "arises under" federal law. Diversity of citizenship is not required for federal
question jurisdiction. The amount in controversy requirement applies only to diversity
jurisdiction, not federal question jurisdiction.
,Question 2
A defendant properly served with a complaint fails to respond within the time
prescribed by the Federal Rules of Civil Procedure. The plaintiff moves for a default
judgment. The defendant then files a motion to set aside the default, arguing that the
failure to respond was due to excusable neglect. What standard must the defendant
satisfy?
A. The defendant must show good cause for the default.
B. The defendant must show excusable neglect and a meritorious defense.
C. The defendant must show that the default was not willful.
D. The defendant must show that the plaintiff will not be prejudiced.
Correct Answer: B
Rationale: Under FRCP 55(c), a court may set aside an entry of default for "good cause
shown." However, when a default judgment has been entered, the court may set it aside
under FRCP 60(b) for "excusable neglect." The defendant must typically demonstrate
both excusable neglect and a meritorious defense to have the default judgment set
aside.
Question 3
A plaintiff files a class action under FRCP 23. The proposed class consists of 500
individuals who were allegedly harmed by the defendant's defective product. The
plaintiff seeks certification under Rule 23(b)(3). Which of the following is NOT a
requirement for certification under Rule 23(b)(3)?
A. Common questions of law or fact predominate over individual questions.
B. The class action is superior to other methods of adjudication.
,C. The plaintiff's claims are typical of the class.
D. The defendant has agreed to class certification.
Correct Answer: D
Rationale: Under FRCP 23(b)(3), the requirements are: (1) common questions
predominate over individual questions, and (2) the class action is superior to other
methods. The defendant's agreement is not a requirement. Typicality and adequacy are
requirements under Rule 23(a), not specifically Rule 23(b)(3).
Question 4
A defendant files a motion to dismiss for failure to state a claim upon which relief can be
granted under FRCP 12(b)(6). The court considers matters outside the pleadings. What is
the procedural consequence?
A. The motion must be converted to a motion for summary judgment.
B. The motion must be denied.
C. The court must give the parties a reasonable opportunity to present all pertinent
material.
D. Both A and C.
Correct Answer: D
Rationale: Under FRCP 12(d), if matters outside the pleadings are presented to and not
excluded by the court, the motion must be treated as one for summary judgment under
Rule 56, and all parties must be given a reasonable opportunity to present all material
pertinent to the motion.
, Question 5
A plaintiff files a complaint in federal court asserting claims arising under state law. The
defendant is a citizen of the same state as the plaintiff. The plaintiff also asserts a federal
claim against a co-defendant who is a citizen of a different state. The federal claim is
later dismissed. May the court retain jurisdiction over the state law claims?
A. No, because there is no diversity jurisdiction and the federal claim is dismissed.
B. Yes, if the state law claims are substantially related to the federal claim.
C. Yes, but only if the state law claims are based on the same operative facts.
D. Yes, if the state law claims have been fully briefed.
Correct Answer: B
Rationale: Under 28 U.S.C. § 1367, supplemental jurisdiction exists over state law claims
that are part of the same case or controversy as the federal claim. Even after dismissal of
the federal claim, the court may exercise discretion to retain jurisdiction over the state
law claims if they are substantially related to the federal claim.
Question 6
A defendant in a federal civil action wishes to assert a claim against a third party who is
not already a party to the action. The defendant believes the third party may be liable
for all or part of the plaintiff's claim against the defendant. What procedural device
should the defendant use?
A. Cross-claim
B. Counterclaim
C. Third-party complaint (impleader)
D. Intervention
Correct Answer: C
Rationale: Under FRCP 14(a), a defendant may bring a third-party complaint against a
Advanced Practice Questions
Comprehensive 150-Question
Multiple-Choice Exam a well detailed
exam 2025/2026 graded A+
upgraded !!!
CIVIL PROCEDURE (Questions 1–22)
Question 1
A plaintiff files a negligence action in federal district court against a defendant who is a
citizen of the same state. The plaintiff's claim arises under federal law. The defendant
moves to dismiss for lack of subject matter jurisdiction. How should the court rule?
A. Grant the motion because there is no diversity of citizenship.
B. Grant the motion because the amount in controversy is insufficient.
C. Deny the motion because federal question jurisdiction exists.
D. Deny the motion because the defendant waived the jurisdictional objection.
Correct Answer: C
Rationale: Federal question jurisdiction exists under 28 U.S.C. § 1331 when the plaintiff's
claim "arises under" federal law. Diversity of citizenship is not required for federal
question jurisdiction. The amount in controversy requirement applies only to diversity
jurisdiction, not federal question jurisdiction.
,Question 2
A defendant properly served with a complaint fails to respond within the time
prescribed by the Federal Rules of Civil Procedure. The plaintiff moves for a default
judgment. The defendant then files a motion to set aside the default, arguing that the
failure to respond was due to excusable neglect. What standard must the defendant
satisfy?
A. The defendant must show good cause for the default.
B. The defendant must show excusable neglect and a meritorious defense.
C. The defendant must show that the default was not willful.
D. The defendant must show that the plaintiff will not be prejudiced.
Correct Answer: B
Rationale: Under FRCP 55(c), a court may set aside an entry of default for "good cause
shown." However, when a default judgment has been entered, the court may set it aside
under FRCP 60(b) for "excusable neglect." The defendant must typically demonstrate
both excusable neglect and a meritorious defense to have the default judgment set
aside.
Question 3
A plaintiff files a class action under FRCP 23. The proposed class consists of 500
individuals who were allegedly harmed by the defendant's defective product. The
plaintiff seeks certification under Rule 23(b)(3). Which of the following is NOT a
requirement for certification under Rule 23(b)(3)?
A. Common questions of law or fact predominate over individual questions.
B. The class action is superior to other methods of adjudication.
,C. The plaintiff's claims are typical of the class.
D. The defendant has agreed to class certification.
Correct Answer: D
Rationale: Under FRCP 23(b)(3), the requirements are: (1) common questions
predominate over individual questions, and (2) the class action is superior to other
methods. The defendant's agreement is not a requirement. Typicality and adequacy are
requirements under Rule 23(a), not specifically Rule 23(b)(3).
Question 4
A defendant files a motion to dismiss for failure to state a claim upon which relief can be
granted under FRCP 12(b)(6). The court considers matters outside the pleadings. What is
the procedural consequence?
A. The motion must be converted to a motion for summary judgment.
B. The motion must be denied.
C. The court must give the parties a reasonable opportunity to present all pertinent
material.
D. Both A and C.
Correct Answer: D
Rationale: Under FRCP 12(d), if matters outside the pleadings are presented to and not
excluded by the court, the motion must be treated as one for summary judgment under
Rule 56, and all parties must be given a reasonable opportunity to present all material
pertinent to the motion.
, Question 5
A plaintiff files a complaint in federal court asserting claims arising under state law. The
defendant is a citizen of the same state as the plaintiff. The plaintiff also asserts a federal
claim against a co-defendant who is a citizen of a different state. The federal claim is
later dismissed. May the court retain jurisdiction over the state law claims?
A. No, because there is no diversity jurisdiction and the federal claim is dismissed.
B. Yes, if the state law claims are substantially related to the federal claim.
C. Yes, but only if the state law claims are based on the same operative facts.
D. Yes, if the state law claims have been fully briefed.
Correct Answer: B
Rationale: Under 28 U.S.C. § 1367, supplemental jurisdiction exists over state law claims
that are part of the same case or controversy as the federal claim. Even after dismissal of
the federal claim, the court may exercise discretion to retain jurisdiction over the state
law claims if they are substantially related to the federal claim.
Question 6
A defendant in a federal civil action wishes to assert a claim against a third party who is
not already a party to the action. The defendant believes the third party may be liable
for all or part of the plaintiff's claim against the defendant. What procedural device
should the defendant use?
A. Cross-claim
B. Counterclaim
C. Third-party complaint (impleader)
D. Intervention
Correct Answer: C
Rationale: Under FRCP 14(a), a defendant may bring a third-party complaint against a
