UBE Bar Exam Questions and Answers
Latest Version 100% Pass
What is the standard for personal jurisdiction over a non-resident defendant in federal court?
✔✔Personal jurisdiction exists if the defendant has minimum contacts with the forum state and
exercising jurisdiction does not offend traditional notions of fair play and substantial justice.
When can a federal court exercise supplemental jurisdiction over a state law claim?
✔✔A federal court may exercise supplemental jurisdiction if the state claim shares a common
nucleus of operative fact with a federal claim that is properly before the court.
What constitutes valid acceptance of an offer in contract law?
✔✔Acceptance is valid when it is unequivocal, mirrors the terms of the offer, and is
communicated to the offeror before the offer lapses or is revoked.
When is a promise enforceable under the doctrine of promissory estoppel?
✔✔A promise is enforceable under promissory estoppel when the promisee reasonably relied on
it to their detriment, and injustice can only be avoided by enforcement of the promise.
1
,What elements must a plaintiff prove in a negligence action?
✔✔A plaintiff must prove duty, breach, causation (both actual and proximate), and damages.
What is required for a criminal conspiracy conviction?
✔✔To convict for conspiracy, there must be an agreement between two or more persons to
commit a crime, intent to agree, and an overt act in furtherance of the conspiracy.
When is character evidence admissible in a criminal trial?
✔✔Character evidence is generally inadmissible to prove conduct, but the defendant may
introduce evidence of a pertinent character trait, and the prosecution may rebut it.
What standard applies to determine whether a search violated the Fourth Amendment?
✔✔A search violates the Fourth Amendment if it intrudes upon a reasonable expectation of
privacy and is conducted without a valid warrant or recognized exception.
What factors determine the enforceability of a prenuptial agreement?
✔✔A prenuptial agreement is enforceable if entered voluntarily, with full disclosure of assets,
and the terms are not unconscionable at the time of enforcement.
2
,When does a tenant have a claim for constructive eviction?
✔✔A tenant may claim constructive eviction when the landlord’s actions substantially interfere
with the tenant’s use and enjoyment of the premises, and the tenant vacates within a reasonable
time.
What fiduciary duties do corporate directors owe to the corporation?
✔✔Corporate directors owe duties of care and loyalty to the corporation and must act in good
faith, in the best interests of the corporation, and with informed judgment.
When can a criminal defendant move to suppress a confession?
✔✔A defendant can move to suppress a confession if it was obtained in violation of Miranda
rights or was involuntary due to coercion or lack of free will.
What is the rule against perpetuities and how does it apply to property interests?
✔✔The rule against perpetuities invalidates future interests that may vest more than 21 years
after the death of a life in being at the time the interest was created.
What remedy is available when a buyer properly revokes acceptance of nonconforming goods?
3
, ✔✔The buyer may recover the purchase price paid and damages resulting from the seller’s
breach, including incidental and consequential damages.
When is a state law preempted by federal law under the Supremacy Clause?
✔✔A state law is preempted if it directly conflicts with federal law, impedes federal objectives,
or Congress has occupied the field exclusively.
What is the effect of a novation on a party’s contractual obligations?
✔✔A novation releases the original party from contractual obligations and substitutes a new
party with the consent of all involved.
What makes a will valid under the Uniform Probate Code?
✔✔A will is valid if it is in writing, signed by the testator, and witnessed by two competent
individuals who observe the signing or acknowledge it.
When may a parent lose custody of a child in a family law case?
✔✔A parent may lose custody if the court finds that custody is not in the best interest of the
child due to abuse, neglect, or inability to provide a stable environment.
4
Latest Version 100% Pass
What is the standard for personal jurisdiction over a non-resident defendant in federal court?
✔✔Personal jurisdiction exists if the defendant has minimum contacts with the forum state and
exercising jurisdiction does not offend traditional notions of fair play and substantial justice.
When can a federal court exercise supplemental jurisdiction over a state law claim?
✔✔A federal court may exercise supplemental jurisdiction if the state claim shares a common
nucleus of operative fact with a federal claim that is properly before the court.
What constitutes valid acceptance of an offer in contract law?
✔✔Acceptance is valid when it is unequivocal, mirrors the terms of the offer, and is
communicated to the offeror before the offer lapses or is revoked.
When is a promise enforceable under the doctrine of promissory estoppel?
✔✔A promise is enforceable under promissory estoppel when the promisee reasonably relied on
it to their detriment, and injustice can only be avoided by enforcement of the promise.
1
,What elements must a plaintiff prove in a negligence action?
✔✔A plaintiff must prove duty, breach, causation (both actual and proximate), and damages.
What is required for a criminal conspiracy conviction?
✔✔To convict for conspiracy, there must be an agreement between two or more persons to
commit a crime, intent to agree, and an overt act in furtherance of the conspiracy.
When is character evidence admissible in a criminal trial?
✔✔Character evidence is generally inadmissible to prove conduct, but the defendant may
introduce evidence of a pertinent character trait, and the prosecution may rebut it.
What standard applies to determine whether a search violated the Fourth Amendment?
✔✔A search violates the Fourth Amendment if it intrudes upon a reasonable expectation of
privacy and is conducted without a valid warrant or recognized exception.
What factors determine the enforceability of a prenuptial agreement?
✔✔A prenuptial agreement is enforceable if entered voluntarily, with full disclosure of assets,
and the terms are not unconscionable at the time of enforcement.
2
,When does a tenant have a claim for constructive eviction?
✔✔A tenant may claim constructive eviction when the landlord’s actions substantially interfere
with the tenant’s use and enjoyment of the premises, and the tenant vacates within a reasonable
time.
What fiduciary duties do corporate directors owe to the corporation?
✔✔Corporate directors owe duties of care and loyalty to the corporation and must act in good
faith, in the best interests of the corporation, and with informed judgment.
When can a criminal defendant move to suppress a confession?
✔✔A defendant can move to suppress a confession if it was obtained in violation of Miranda
rights or was involuntary due to coercion or lack of free will.
What is the rule against perpetuities and how does it apply to property interests?
✔✔The rule against perpetuities invalidates future interests that may vest more than 21 years
after the death of a life in being at the time the interest was created.
What remedy is available when a buyer properly revokes acceptance of nonconforming goods?
3
, ✔✔The buyer may recover the purchase price paid and damages resulting from the seller’s
breach, including incidental and consequential damages.
When is a state law preempted by federal law under the Supremacy Clause?
✔✔A state law is preempted if it directly conflicts with federal law, impedes federal objectives,
or Congress has occupied the field exclusively.
What is the effect of a novation on a party’s contractual obligations?
✔✔A novation releases the original party from contractual obligations and substitutes a new
party with the consent of all involved.
What makes a will valid under the Uniform Probate Code?
✔✔A will is valid if it is in writing, signed by the testator, and witnessed by two competent
individuals who observe the signing or acknowledge it.
When may a parent lose custody of a child in a family law case?
✔✔A parent may lose custody if the court finds that custody is not in the best interest of the
child due to abuse, neglect, or inability to provide a stable environment.
4
