Uniform Barination (UBE) Exam
Question 1. Which of the following is required for a federal court to have diversity jurisdiction under 28
U.S.C. § 1332?
A) The amount in controversy must exceed $75,000 and all plaintiffs must be citizens of the same state.
B) The amount in controversy must exceed $75,000 and all plaintiffs must be citizens of different states
from all defendants.
C) The federal court must have both federal question and diversity jurisdiction.
D) Only the amount in controversy must exceed $75,000.
Answer: B
Explanation: Diversity jurisdiction requires (1) complete diversity, meaning no plaintiff shares citizenship
with any defendant, and (2) an amount in controversy exceeding $75,000.
Question 2. Which constitutional amendment guarantees the right to counsel in criminal prosecutions?
A) First Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Sixth Amendment
Answer: D
Explanation: The Sixth Amendment guarantees the accused the right to counsel in "all criminal
prosecutions."
Question 3. Under the UCC, which of the following constitutes valid consideration for a contract for the
sale of goods?
A) Past performance
B) A promise to perform in the future
C) A gift
D) Preexisting duty
Answer: B
Explanation: Under the UCC and common law, a promise to perform in the future can serve as valid
consideration; gifts and preexisting duties do not.
Question 4. Which of the following is NOT a recognized intentional tort?
A) Battery
B) Negligence
C) False imprisonment
D) Assault
Answer: B
Explanation: Negligence is not an intentional tort; it is a separate tort based on carelessness, not intent.
Question 5. What is the primary purpose of the exclusionary rule in criminal procedure?
A) To punish law enforcement officers
B) To ensure only reliable evidence is admitted
C) To deter unconstitutional conduct by law enforcement
D) To protect defendants from all incriminating evidence
Answer: C
Explanation: The exclusionary rule is designed to deter law enforcement from violating constitutional
rights during investigations.
, Uniform Barination (UBE) Exam
Question 6. Which of the following is NOT required for a class action to be certified under Federal Rule
of Civil Procedure 23?
A) Numerosity
B) Adequacy of representation
C) Typicality
D) Privity of contract
Answer: D
Explanation: Privity of contract is not a requirement; the four requirements are numerosity,
commonality, typicality, and adequacy.
Question 7. The doctrine of "res ipsa loquitur" allows a plaintiff to:
A) Prove strict liability without evidence
B) Infer negligence from the mere occurrence of an event
C) Avoid the statute of limitations
D) Hold multiple defendants liable jointly and severally
Answer: B
Explanation: "Res ipsa loquitur" allows negligence to be inferred when an accident is of a type that
ordinarily does not happen without negligence.
Question 8. The "Mailbox Rule" in contract law provides that:
A) An offer is effective upon receipt by the offeree
B) An acceptance is effective upon dispatch by the offeree
C) A revocation is effective upon dispatch
D) A counteroffer is effective upon dispatch
Answer: B
Explanation: Under the mailbox rule, acceptance is effective when sent, not when received, unless the
offer specifies otherwise.
Question 9. Which amendment provides protection against unreasonable searches and seizures?
A) Second Amendment
B) Fifth Amendment
C) Fourth Amendment
D) Eighth Amendment
Answer: C
Explanation: The Fourth Amendment protects individuals from unreasonable searches and seizures.
Question 10. In a products liability case, which of the following is NOT a theory under which a plaintiff
can recover?
A) Negligence
B) Strict liability
C) Breach of warranty
D) Rescission
Answer: D
Explanation: Rescission is a contract remedy, not a theory of recovery in products liability.
Question 11. The "parol evidence rule" prevents the introduction of:
A) Evidence of fraud
, Uniform Barination (UBE) Exam
B) Evidence of prior or contemporaneous oral agreements that contradict a final written contract
C) Subsequent modifications to a contract
D) Evidence of contract interpretation
Answer: B
Explanation: The rule excludes extrinsic evidence that contradicts the terms of a final written contract.
Question 12. The "Commerce Clause" is located in which article of the U.S. Constitution?
A) Article I
B) Article II
C) Article III
D) Article IV
Answer: A
Explanation: The Commerce Clause is found in Article I, Section 8 of the Constitution.
Question 13. In criminal law, "mens rea" refers to:
A) The act itself
B) The mental state or intent to commit a crime
C) The harm caused
D) The punishment imposed
Answer: B
Explanation: "Mens rea" is the guilty mind or intent required for certain crimes.
Question 14. Which of the following is NOT a privilege that can be asserted to exclude evidence?
A) Attorney-client privilege
B) Doctor-patient privilege
C) Marital privilege
D) Privilege against hearsay
Answer: D
Explanation: Hearsay is an exclusion, not a privilege.
Question 15. Specific performance is most commonly available as a remedy for breach of contract
involving:
A) Services
B) Sale of goods
C) Sale of unique real property
D) Money damages
Answer: C
Explanation: Courts typically grant specific performance for contracts involving unique items, such as
real estate.
Question 16. Which of the following is true regarding an "at-will" partnership?
A) It must be for a definite term
B) It can be dissolved by any partner at any time
C) It cannot be dissolved except by court order
D) It must be in writing
Answer: B
Explanation: "At-will" partnerships can be dissolved by any partner at any time.
, Uniform Barination (UBE) Exam
Question 17. In civil procedure, a "compulsory counterclaim" is one that:
A) Arises out of the same transaction or occurrence as the plaintiff's claim
B) Is unrelated to the plaintiff's claim
C) May be raised at any time
D) Is not subject to res judicata
Answer: A
Explanation: Compulsory counterclaims arise from the same transaction or occurrence and must be
raised in the initial action.
Question 18. The "probable cause" standard is most closely associated with:
A) Issuance of search or arrest warrants
B) The exclusionary rule
C) The right to counsel
D) The Miranda warning
Answer: A
Explanation: Probable cause is the standard for issuing warrants.
Question 19. Which of the following is NOT an element of negligence?
A) Duty
B) Breach
C) Intent
D) Causation
Answer: C
Explanation: Negligence does not require intent; it is based on breach of a duty causing damages.
Question 20. The "Equal Protection Clause" is found in which amendment?
A) First Amendment
B) Fourth Amendment
C) Fourteenth Amendment
D) Fifth Amendment
Answer: C
Explanation: The Equal Protection Clause is in the Fourteenth Amendment.
Question 21. The "Statute of Frauds" generally requires certain contracts to be:
A) Supported by consideration
B) Performed within one year
C) In writing and signed by the party to be charged
D) Witnessed by a notary
Answer: C
Explanation: The Statute of Frauds requires certain contracts to be in writing and signed.
Question 22. Which type of property interest gives the holder the present right to possess and enjoy the
property indefinitely?
A) Life estate
B) Fee simple absolute
C) Tenancy at will
D) Remainder
Question 1. Which of the following is required for a federal court to have diversity jurisdiction under 28
U.S.C. § 1332?
A) The amount in controversy must exceed $75,000 and all plaintiffs must be citizens of the same state.
B) The amount in controversy must exceed $75,000 and all plaintiffs must be citizens of different states
from all defendants.
C) The federal court must have both federal question and diversity jurisdiction.
D) Only the amount in controversy must exceed $75,000.
Answer: B
Explanation: Diversity jurisdiction requires (1) complete diversity, meaning no plaintiff shares citizenship
with any defendant, and (2) an amount in controversy exceeding $75,000.
Question 2. Which constitutional amendment guarantees the right to counsel in criminal prosecutions?
A) First Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Sixth Amendment
Answer: D
Explanation: The Sixth Amendment guarantees the accused the right to counsel in "all criminal
prosecutions."
Question 3. Under the UCC, which of the following constitutes valid consideration for a contract for the
sale of goods?
A) Past performance
B) A promise to perform in the future
C) A gift
D) Preexisting duty
Answer: B
Explanation: Under the UCC and common law, a promise to perform in the future can serve as valid
consideration; gifts and preexisting duties do not.
Question 4. Which of the following is NOT a recognized intentional tort?
A) Battery
B) Negligence
C) False imprisonment
D) Assault
Answer: B
Explanation: Negligence is not an intentional tort; it is a separate tort based on carelessness, not intent.
Question 5. What is the primary purpose of the exclusionary rule in criminal procedure?
A) To punish law enforcement officers
B) To ensure only reliable evidence is admitted
C) To deter unconstitutional conduct by law enforcement
D) To protect defendants from all incriminating evidence
Answer: C
Explanation: The exclusionary rule is designed to deter law enforcement from violating constitutional
rights during investigations.
, Uniform Barination (UBE) Exam
Question 6. Which of the following is NOT required for a class action to be certified under Federal Rule
of Civil Procedure 23?
A) Numerosity
B) Adequacy of representation
C) Typicality
D) Privity of contract
Answer: D
Explanation: Privity of contract is not a requirement; the four requirements are numerosity,
commonality, typicality, and adequacy.
Question 7. The doctrine of "res ipsa loquitur" allows a plaintiff to:
A) Prove strict liability without evidence
B) Infer negligence from the mere occurrence of an event
C) Avoid the statute of limitations
D) Hold multiple defendants liable jointly and severally
Answer: B
Explanation: "Res ipsa loquitur" allows negligence to be inferred when an accident is of a type that
ordinarily does not happen without negligence.
Question 8. The "Mailbox Rule" in contract law provides that:
A) An offer is effective upon receipt by the offeree
B) An acceptance is effective upon dispatch by the offeree
C) A revocation is effective upon dispatch
D) A counteroffer is effective upon dispatch
Answer: B
Explanation: Under the mailbox rule, acceptance is effective when sent, not when received, unless the
offer specifies otherwise.
Question 9. Which amendment provides protection against unreasonable searches and seizures?
A) Second Amendment
B) Fifth Amendment
C) Fourth Amendment
D) Eighth Amendment
Answer: C
Explanation: The Fourth Amendment protects individuals from unreasonable searches and seizures.
Question 10. In a products liability case, which of the following is NOT a theory under which a plaintiff
can recover?
A) Negligence
B) Strict liability
C) Breach of warranty
D) Rescission
Answer: D
Explanation: Rescission is a contract remedy, not a theory of recovery in products liability.
Question 11. The "parol evidence rule" prevents the introduction of:
A) Evidence of fraud
, Uniform Barination (UBE) Exam
B) Evidence of prior or contemporaneous oral agreements that contradict a final written contract
C) Subsequent modifications to a contract
D) Evidence of contract interpretation
Answer: B
Explanation: The rule excludes extrinsic evidence that contradicts the terms of a final written contract.
Question 12. The "Commerce Clause" is located in which article of the U.S. Constitution?
A) Article I
B) Article II
C) Article III
D) Article IV
Answer: A
Explanation: The Commerce Clause is found in Article I, Section 8 of the Constitution.
Question 13. In criminal law, "mens rea" refers to:
A) The act itself
B) The mental state or intent to commit a crime
C) The harm caused
D) The punishment imposed
Answer: B
Explanation: "Mens rea" is the guilty mind or intent required for certain crimes.
Question 14. Which of the following is NOT a privilege that can be asserted to exclude evidence?
A) Attorney-client privilege
B) Doctor-patient privilege
C) Marital privilege
D) Privilege against hearsay
Answer: D
Explanation: Hearsay is an exclusion, not a privilege.
Question 15. Specific performance is most commonly available as a remedy for breach of contract
involving:
A) Services
B) Sale of goods
C) Sale of unique real property
D) Money damages
Answer: C
Explanation: Courts typically grant specific performance for contracts involving unique items, such as
real estate.
Question 16. Which of the following is true regarding an "at-will" partnership?
A) It must be for a definite term
B) It can be dissolved by any partner at any time
C) It cannot be dissolved except by court order
D) It must be in writing
Answer: B
Explanation: "At-will" partnerships can be dissolved by any partner at any time.
, Uniform Barination (UBE) Exam
Question 17. In civil procedure, a "compulsory counterclaim" is one that:
A) Arises out of the same transaction or occurrence as the plaintiff's claim
B) Is unrelated to the plaintiff's claim
C) May be raised at any time
D) Is not subject to res judicata
Answer: A
Explanation: Compulsory counterclaims arise from the same transaction or occurrence and must be
raised in the initial action.
Question 18. The "probable cause" standard is most closely associated with:
A) Issuance of search or arrest warrants
B) The exclusionary rule
C) The right to counsel
D) The Miranda warning
Answer: A
Explanation: Probable cause is the standard for issuing warrants.
Question 19. Which of the following is NOT an element of negligence?
A) Duty
B) Breach
C) Intent
D) Causation
Answer: C
Explanation: Negligence does not require intent; it is based on breach of a duty causing damages.
Question 20. The "Equal Protection Clause" is found in which amendment?
A) First Amendment
B) Fourth Amendment
C) Fourteenth Amendment
D) Fifth Amendment
Answer: C
Explanation: The Equal Protection Clause is in the Fourteenth Amendment.
Question 21. The "Statute of Frauds" generally requires certain contracts to be:
A) Supported by consideration
B) Performed within one year
C) In writing and signed by the party to be charged
D) Witnessed by a notary
Answer: C
Explanation: The Statute of Frauds requires certain contracts to be in writing and signed.
Question 22. Which type of property interest gives the holder the present right to possess and enjoy the
property indefinitely?
A) Life estate
B) Fee simple absolute
C) Tenancy at will
D) Remainder
