TEXAS BAR EXAMINATION (UBE) – 100-QUESTION
PRACTICE EXAM WITH CORRECT ANSWER AND
RATIONALES A+ GUARANTEED.
Question 1
A plaintiff filed a negligence action in federal district court based on diversity
jurisdiction. The defendant timely moved to dismiss for lack of personal
jurisdiction before filing an answer. The court denied the motion. The defendant
then filed an answer asserting failure to state a claim but omitted any objection to
personal jurisdiction.
What is the effect of the defendant's omission?
A. The defendant preserved the personal jurisdiction defense because it was
raised in the pre-answer motion.
B. The defendant waived the personal jurisdiction defense by failing to include it
in the answer.
C. The defendant may raise the defense at trial because subject matter jurisdiction
cannot be waived.
D. The defendant may renew the objection only after discovery.
Answer: A
Rationale: A defendant preserves the defense of lack of personal jurisdiction by
including it in the first Rule 12 motion. Once properly raised in the initial motion, it
need not be repeated in the answer.
,Question 2
A state statute prohibits all anonymous political leaflets distributed within 60 days
before an election.
If challenged under the First Amendment, the statute is most likely:
A. Constitutional because elections justify broad regulation.
B. Constitutional because anonymous speech receives no protection.
C. Unconstitutional because it restricts core political speech.
D. Constitutional if enacted by voter referendum.
Answer: C
Rationale: Anonymous political speech lies at the heart of First Amendment
protection. Content-based restrictions on political speech receive strict scrutiny
and are rarely upheld.
Question 3
A homeowner agreed in writing to sell land to a buyer for $450,000. Before
closing, the homeowner received a higher offer and refused to perform.
What is the buyer's best remedy?
A. Rescission only.
B. Specific performance.
C. Nominal damages only.
D. Punitive damages.
Answer: B
Rationale: Because every parcel of real property is considered unique, specific
performance is generally available when a seller breaches a land-sale contract.
, Question 4
An officer lawfully stopped a vehicle for speeding. While issuing the citation, the
officer observed an open bag containing illegal drugs on the passenger seat.
The drugs are admissible because:
A. The automobile exception always permits any search.
B. The stop automatically authorized a search of the vehicle.
C. The drugs were in plain view during a lawful stop.
D. A warrant is unnecessary whenever a vehicle is involved.
Answer: C
Rationale: Under the plain-view doctrine, officers may seize evidence immediately
apparent as contraband while lawfully present at the location.
Question 5
A witness testified that she saw the defendant sign a contract. During cross-
examination, opposing counsel asked whether the witness had been convicted of
fraud three years earlier.
The question is:
A. Improper because convictions are always inadmissible.
B. Improper because extrinsic evidence is never permitted.
C. Proper only if the conviction involved violence.
D. Proper because crimes involving dishonesty may be used to impeach
credibility.
Answer: D
Rationale: Under the Federal Rules of Evidence, convictions involving dishonest
acts or false statements are generally admissible to impeach a witness.
PRACTICE EXAM WITH CORRECT ANSWER AND
RATIONALES A+ GUARANTEED.
Question 1
A plaintiff filed a negligence action in federal district court based on diversity
jurisdiction. The defendant timely moved to dismiss for lack of personal
jurisdiction before filing an answer. The court denied the motion. The defendant
then filed an answer asserting failure to state a claim but omitted any objection to
personal jurisdiction.
What is the effect of the defendant's omission?
A. The defendant preserved the personal jurisdiction defense because it was
raised in the pre-answer motion.
B. The defendant waived the personal jurisdiction defense by failing to include it
in the answer.
C. The defendant may raise the defense at trial because subject matter jurisdiction
cannot be waived.
D. The defendant may renew the objection only after discovery.
Answer: A
Rationale: A defendant preserves the defense of lack of personal jurisdiction by
including it in the first Rule 12 motion. Once properly raised in the initial motion, it
need not be repeated in the answer.
,Question 2
A state statute prohibits all anonymous political leaflets distributed within 60 days
before an election.
If challenged under the First Amendment, the statute is most likely:
A. Constitutional because elections justify broad regulation.
B. Constitutional because anonymous speech receives no protection.
C. Unconstitutional because it restricts core political speech.
D. Constitutional if enacted by voter referendum.
Answer: C
Rationale: Anonymous political speech lies at the heart of First Amendment
protection. Content-based restrictions on political speech receive strict scrutiny
and are rarely upheld.
Question 3
A homeowner agreed in writing to sell land to a buyer for $450,000. Before
closing, the homeowner received a higher offer and refused to perform.
What is the buyer's best remedy?
A. Rescission only.
B. Specific performance.
C. Nominal damages only.
D. Punitive damages.
Answer: B
Rationale: Because every parcel of real property is considered unique, specific
performance is generally available when a seller breaches a land-sale contract.
, Question 4
An officer lawfully stopped a vehicle for speeding. While issuing the citation, the
officer observed an open bag containing illegal drugs on the passenger seat.
The drugs are admissible because:
A. The automobile exception always permits any search.
B. The stop automatically authorized a search of the vehicle.
C. The drugs were in plain view during a lawful stop.
D. A warrant is unnecessary whenever a vehicle is involved.
Answer: C
Rationale: Under the plain-view doctrine, officers may seize evidence immediately
apparent as contraband while lawfully present at the location.
Question 5
A witness testified that she saw the defendant sign a contract. During cross-
examination, opposing counsel asked whether the witness had been convicted of
fraud three years earlier.
The question is:
A. Improper because convictions are always inadmissible.
B. Improper because extrinsic evidence is never permitted.
C. Proper only if the conviction involved violence.
D. Proper because crimes involving dishonesty may be used to impeach
credibility.
Answer: D
Rationale: Under the Federal Rules of Evidence, convictions involving dishonest
acts or false statements are generally admissible to impeach a witness.
