Uniform Bar Examination (UBE) Advanced
Practice Questions - Version 2.0
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 federal action asserting claims under state law against a defendant who is a
citizen of the same state. The plaintiff also asserts a federal claim against a co-defendant who is
a citizen of a different state. The federal claim is dismissed on a motion for judgment on the
pleadings. The court dismisses the state law claims for lack of subject matter jurisdiction. The
plaintiff appeals. How should the appellate court rule?
A. Affirm because the federal claim was properly dismissed.
B. Reverse because the court should have retained supplemental jurisdiction over the state law
claims.
C. Affirm because the state law claims did not arise from the same transaction.
D. Reverse because the court had diversity jurisdiction over the state law claims.
Correct Answer: B
Rationale: Under 28 U.S.C. § 1367(c), the court may decline to exercise supplemental
jurisdiction if the federal claim is dismissed. However, the court should consider factors such as
judicial economy, convenience, and fairness. The dismissal is discretionary, not mandatory.
Question 2
A defendant moves for summary judgment in a federal civil action. The plaintiff opposes the
,motion but does not submit any affidavits or other evidence. The plaintiff argues that the
motion should be denied because discovery is incomplete. What must the plaintiff demonstrate
to obtain a continuance under FRCP 56(d)?
A. The plaintiff needs additional discovery to oppose the motion.
B. The plaintiff has not had an opportunity to conduct discovery.
C. The plaintiff has shown by affidavit that it cannot present facts essential to justify its
opposition.
D. The plaintiff has shown that the defendant's motion is premature.
Correct Answer: C
Rationale: Under FRCP 56(d), the nonmoving party must submit an affidavit explaining why it
cannot present facts essential to justify its opposition. Mere assertion that discovery is
incomplete is insufficient.
Question 3
A plaintiff files a complaint in federal court alleging negligence. The defendant files a motion to
dismiss for failure to state a claim under FRCP 12(b)(6). The court grants the motion and
dismisses the complaint without prejudice. The plaintiff files an amended complaint. The
defendant again moves to dismiss. The court may dismiss with prejudice if:
A. The plaintiff fails to state a claim upon which relief can be granted.
B. The plaintiff's amended complaint fails to cure the defects and further amendment would be
futile.
C. The plaintiff fails to show good cause for the amendment.
D. The plaintiff fails to demonstrate that the claim is viable.
Correct Answer: B
Rationale: A court may dismiss with prejudice when the plaintiff fails to state a claim and
further amendment would be futile. The court should give the plaintiff an opportunity to
amend unless the defects are incurable.
Question 4
A plaintiff files a federal action. The defendant serves interrogatories on the plaintiff. The
plaintiff objects to the interrogatories on the ground that they are overly broad. The defendant
moves to compel. The court may compel answers if:
A. The interrogatories seek information relevant to the subject matter.
B. The interrogatories are proportional to the needs of the case.
,C. The interrogatories are not unduly burdensome.
D. All of the above.
Correct Answer: D
Rationale: Under FRCP 26(b)(1), discovery must be relevant, proportional to the needs of the
case, and not unduly burdensome. The court will balance these factors when deciding whether
to compel.
Question 5
A plaintiff files a federal action against a corporate defendant. The plaintiff's complaint alleges
that the defendant is a citizen of Delaware, where it is incorporated, and has its principal place
of business in New York. The defendant files a motion to dismiss for lack of subject matter
jurisdiction, arguing that the plaintiff and defendant are citizens of the same state. What is the
defendant's principal place of business?
A. The state where the defendant has its headquarters.
B. The state where the defendant conducts most of its business.
C. The state where the defendant's nerve center is located.
D. The state where the defendant has its largest manufacturing facility.
Correct Answer: C
Rationale: Under Hertz Corp. v. Friend (2010), a corporation's principal place of business is its
"nerve center"—the place where its officers direct, control, and coordinate the corporation's
activities.
Question 6
A plaintiff files a complaint in federal court. The defendant files a motion to dismiss for lack of
personal jurisdiction. The plaintiff's complaint alleges that the defendant committed a tort
within the forum state. The defendant denies committing the tort in the forum state. The court
holds an evidentiary hearing on the jurisdictional issue. What standard of proof applies?
A. Preponderance of the evidence
B. Clear and convincing evidence
C. Prima facie showing
D. Beyond a reasonable doubt
Correct Answer: A
Rationale: When the court holds an evidentiary hearing on personal jurisdiction, the plaintiff
, must prove jurisdiction by a preponderance of the evidence. The prima facie standard applies
only when the court decides the motion on the pleadings alone.
Question 7
A plaintiff files a federal action. The defendant files a motion to dismiss for failure to join an
indispensable party under FRCP 19. The court determines that the absent party is necessary but
cannot be joined because doing so would destroy diversity jurisdiction. The court also finds that
the absent party is not indispensable. What should the court do?
A. Dismiss the action because the absent party is necessary.
B. Proceed with the action without the absent party.
C. Transfer the action to state court.
D. Allow the plaintiff to amend the complaint.
Correct Answer: B
Rationale: Under FRCP 19(b), if a necessary party cannot be joined, the court must determine
whether the action can proceed in the party's absence. If the absent party is not indispensable,
the court may proceed.
Question 8
A plaintiff files a federal action. The defendant files a motion to dismiss for improper venue. The
plaintiff argues that venue is proper because a substantial part of the events giving rise to the
claim occurred in the forum. The court must determine:
A. Whether the events are substantial in relation to the claim.
B. Whether the events are significant to the litigation.
C. Whether the events are sufficiently important to justify venue.
D. All of the above.
Correct Answer: D
Rationale: Under 28 U.S.C. § 1391(b)(2), venue is proper in a district where a substantial part of
the events giving rise to the claim occurred. The events must be substantial and significant to
the litigation.
Question 9
A plaintiff files a federal action. The defendant fails to answer the complaint. The clerk enters
default. The plaintiff moves for default judgment. The court enters default judgment. The
Practice Questions - Version 2.0
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 federal action asserting claims under state law against a defendant who is a
citizen of the same state. The plaintiff also asserts a federal claim against a co-defendant who is
a citizen of a different state. The federal claim is dismissed on a motion for judgment on the
pleadings. The court dismisses the state law claims for lack of subject matter jurisdiction. The
plaintiff appeals. How should the appellate court rule?
A. Affirm because the federal claim was properly dismissed.
B. Reverse because the court should have retained supplemental jurisdiction over the state law
claims.
C. Affirm because the state law claims did not arise from the same transaction.
D. Reverse because the court had diversity jurisdiction over the state law claims.
Correct Answer: B
Rationale: Under 28 U.S.C. § 1367(c), the court may decline to exercise supplemental
jurisdiction if the federal claim is dismissed. However, the court should consider factors such as
judicial economy, convenience, and fairness. The dismissal is discretionary, not mandatory.
Question 2
A defendant moves for summary judgment in a federal civil action. The plaintiff opposes the
,motion but does not submit any affidavits or other evidence. The plaintiff argues that the
motion should be denied because discovery is incomplete. What must the plaintiff demonstrate
to obtain a continuance under FRCP 56(d)?
A. The plaintiff needs additional discovery to oppose the motion.
B. The plaintiff has not had an opportunity to conduct discovery.
C. The plaintiff has shown by affidavit that it cannot present facts essential to justify its
opposition.
D. The plaintiff has shown that the defendant's motion is premature.
Correct Answer: C
Rationale: Under FRCP 56(d), the nonmoving party must submit an affidavit explaining why it
cannot present facts essential to justify its opposition. Mere assertion that discovery is
incomplete is insufficient.
Question 3
A plaintiff files a complaint in federal court alleging negligence. The defendant files a motion to
dismiss for failure to state a claim under FRCP 12(b)(6). The court grants the motion and
dismisses the complaint without prejudice. The plaintiff files an amended complaint. The
defendant again moves to dismiss. The court may dismiss with prejudice if:
A. The plaintiff fails to state a claim upon which relief can be granted.
B. The plaintiff's amended complaint fails to cure the defects and further amendment would be
futile.
C. The plaintiff fails to show good cause for the amendment.
D. The plaintiff fails to demonstrate that the claim is viable.
Correct Answer: B
Rationale: A court may dismiss with prejudice when the plaintiff fails to state a claim and
further amendment would be futile. The court should give the plaintiff an opportunity to
amend unless the defects are incurable.
Question 4
A plaintiff files a federal action. The defendant serves interrogatories on the plaintiff. The
plaintiff objects to the interrogatories on the ground that they are overly broad. The defendant
moves to compel. The court may compel answers if:
A. The interrogatories seek information relevant to the subject matter.
B. The interrogatories are proportional to the needs of the case.
,C. The interrogatories are not unduly burdensome.
D. All of the above.
Correct Answer: D
Rationale: Under FRCP 26(b)(1), discovery must be relevant, proportional to the needs of the
case, and not unduly burdensome. The court will balance these factors when deciding whether
to compel.
Question 5
A plaintiff files a federal action against a corporate defendant. The plaintiff's complaint alleges
that the defendant is a citizen of Delaware, where it is incorporated, and has its principal place
of business in New York. The defendant files a motion to dismiss for lack of subject matter
jurisdiction, arguing that the plaintiff and defendant are citizens of the same state. What is the
defendant's principal place of business?
A. The state where the defendant has its headquarters.
B. The state where the defendant conducts most of its business.
C. The state where the defendant's nerve center is located.
D. The state where the defendant has its largest manufacturing facility.
Correct Answer: C
Rationale: Under Hertz Corp. v. Friend (2010), a corporation's principal place of business is its
"nerve center"—the place where its officers direct, control, and coordinate the corporation's
activities.
Question 6
A plaintiff files a complaint in federal court. The defendant files a motion to dismiss for lack of
personal jurisdiction. The plaintiff's complaint alleges that the defendant committed a tort
within the forum state. The defendant denies committing the tort in the forum state. The court
holds an evidentiary hearing on the jurisdictional issue. What standard of proof applies?
A. Preponderance of the evidence
B. Clear and convincing evidence
C. Prima facie showing
D. Beyond a reasonable doubt
Correct Answer: A
Rationale: When the court holds an evidentiary hearing on personal jurisdiction, the plaintiff
, must prove jurisdiction by a preponderance of the evidence. The prima facie standard applies
only when the court decides the motion on the pleadings alone.
Question 7
A plaintiff files a federal action. The defendant files a motion to dismiss for failure to join an
indispensable party under FRCP 19. The court determines that the absent party is necessary but
cannot be joined because doing so would destroy diversity jurisdiction. The court also finds that
the absent party is not indispensable. What should the court do?
A. Dismiss the action because the absent party is necessary.
B. Proceed with the action without the absent party.
C. Transfer the action to state court.
D. Allow the plaintiff to amend the complaint.
Correct Answer: B
Rationale: Under FRCP 19(b), if a necessary party cannot be joined, the court must determine
whether the action can proceed in the party's absence. If the absent party is not indispensable,
the court may proceed.
Question 8
A plaintiff files a federal action. The defendant files a motion to dismiss for improper venue. The
plaintiff argues that venue is proper because a substantial part of the events giving rise to the
claim occurred in the forum. The court must determine:
A. Whether the events are substantial in relation to the claim.
B. Whether the events are significant to the litigation.
C. Whether the events are sufficiently important to justify venue.
D. All of the above.
Correct Answer: D
Rationale: Under 28 U.S.C. § 1391(b)(2), venue is proper in a district where a substantial part of
the events giving rise to the claim occurred. The events must be substantial and significant to
the litigation.
Question 9
A plaintiff files a federal action. The defendant fails to answer the complaint. The clerk enters
default. The plaintiff moves for default judgment. The court enters default judgment. The
