Free UBE Practice Questions

Question 1

A pedestrian is struck by a delivery van and suffers $200,000 in damages. The jury finds the pedestrian 30% at fault, the van driver 50% at fault, and the municipality 20% at fault for a poorly maintained crosswalk signal. The fact pattern states no applicable statute and gives no instruction on the governing liability rules. The pedestrian sues only the municipality. The pedestrian may recover from the municipality:

Accepted Answer

$140,000, because recovery is reduced by the plaintiff's own share of fault but each liable defendant answers for the balance

Answer

$40,000, because a defendant is responsible only for the portion of the damages matching its own percentage of fault

Answer

Nothing, because a plaintiff whose own negligence contributed to the injury is barred from recovering against any defendant

Answer

$100,000, because a plaintiff partly at fault may proceed only against the defendant bearing the greatest share of fault

Question 2

A police officer lawfully arrests a driver for driving with a suspended license. The officer handcuffs the driver and secures him in the back of the patrol car. The officer then searches the passenger compartment of the driver's vehicle and finds cocaine in a jacket on the back seat. The driver moves to suppress the cocaine. The court should:

Accepted Answer

Grant the motion, because the driver was secured and the offense of arrest would yield no evidence inside the car

Answer

Deny the motion, because a lawful custodial arrest authorizes a contemporaneous search of the passenger compartment

Answer

Deny the motion, because the passenger compartment is deemed within the area into which an arrestee might reach

Answer

Grant the motion, because searching a closed container requires probable cause particular to that container

Question 3

A buyer emails a seller, both merchants, ordering 1,000 units at a stated price. The seller emails back a definite and seasonable acceptance on those terms but adds a clause requiring arbitration of all disputes. The buyer's order did not limit acceptance to its own terms, and the buyer never responded to the arbitration clause. Assume the clause materially alters the agreement. Under UCC Article 2:

Accepted Answer

A contract was formed on the buyer's terms, and the arbitration clause does not become part of the agreement

Answer

A contract was formed including the arbitration clause, because the buyer received it and did not object in time

Answer

A contract was formed including the arbitration clause, because added terms bind automatically between merchants

Answer

No contract was formed, because the purported acceptance added a term absent from the buyer's original offer

Question 4

A plaintiff sues a trucking company in federal court for negligence. The company's dispatcher, still employed at the time, tells a reporter: "We knew those brakes were bad and sent the truck out anyway." Fleet maintenance was within the dispatcher's job duties. The plaintiff offers the statement against the company. The statement is:

Accepted Answer

Admissible, because the Federal Rules define it as not hearsay when offered against the opposing party

Answer

Admissible under the exception for statements against interest, because it exposed the declarant to liability

Answer

Inadmissible as hearsay, because the dispatcher is available and should be called to testify to those facts

Answer

Admissible under the exception for present sense impressions, because it described a condition then perceived

Question 5

A candidate sitting for the legacy UBE in a February 2027 jurisdiction is allocating study time across MEE subjects. Which subject no longer requires memorization for the MEE?

Accepted Answer

Secured Transactions, covering the creation and priority of interests under UCC Article 9

Answer

Business Associations, covering Agency and Partnership as well as Corporations and LLCs

Answer

Contracts, including transactions in goods governed by UCC Article 2 and its warranty rules

Answer

Civil Procedure, including both personal jurisdiction and subject-matter jurisdiction

Question 6

Two masked robbers enter a bank. A security guard draws his weapon and fires at them, killing one of the robbers. The surviving robber is charged with the felony murder of his accomplice. The jurisdiction follows the agency theory of felony murder. The surviving robber is:

Accepted Answer

Not guilty, because the fatal shot came from a person who was not a participant in the felony

Answer

Guilty, because the death occurred during the perpetration of an inherently dangerous felony

Answer

Guilty, because the robbers set in motion a chain of events that foreseeably produced the death

Answer

Not guilty, because felony murder liability does not extend to the death of a co-felon

Question 7

A citizen of State A sues a citizen of State B in federal district court in State B on a state-law negligence claim, invoking diversity jurisdiction. State B's statute of limitations would bar the claim, and no federal limitations period governs such claims. The federal court should:

Accepted Answer

Apply State B's limitations period and dismiss, because the period is outcome determinative under Erie

Answer

Apply State A's limitations period, because the plaintiff is domiciled there and the right accrued there

Answer

Apply federal common law, because a limitations period regulates the timing rather than the underlying right

Answer

Permit the claim to proceed, because the Federal Rules govern the commencement of actions in federal court

Question 8

A state enacts a law requiring all milk sold within the state to be pasteurized at facilities located inside the state. The stated purpose is protecting public health. An out-of-state dairy operating an equally safe pasteurization plant challenges the law. A court will most likely:

Accepted Answer

Strike the law, because it discriminates against out-of-state commerce and nondiscriminatory alternatives exist

Answer

Uphold the law, because a state's police power over the health and safety of residents is at its zenith here

Answer

Uphold the law, because the burden on interstate commerce is not clearly excessive relative to the local benefit

Answer

Strike the law, because Congress has occupied the field of dairy regulation and thereby preempted the state

Question 9

O conveys Blackacre to A, who does not record. Two weeks later, O conveys the same parcel to B for full value. B has no knowledge of A's deed. A records on March 1. B records on March 5. The jurisdiction's statute provides: "No conveyance is valid against a subsequent purchaser for value without notice thereof, whose conveyance is first duly recorded." Title is in:

Accepted Answer

A, because the statute protects a later purchaser only if that purchaser also records first

Answer

B, because B paid value and took the conveyance without notice of the earlier deed to A

Answer

B, because B qualifies as a bona fide purchaser and the shelter rule preserves that status

Answer

A, because a grantor who has already parted with title conveys nothing to a later taker

Question 10

An examinee working an MPT item finds that the Library contains three cases, one of which conflicts with a rule the examinee memorized during bar preparation. The examinee should:

Accepted Answer

Apply the Library case, because the MPT is a closed-universe exercise supplying all governing law

Answer

Apply the memorized rule, because the MPT is answered per generally accepted fundamental legal principles

Answer

Note the conflict, then apply whichever rule yields the more equitable result for the client's position

Answer

Apply the memorized rule, unless the Library case issued from a court of the fictitious state of Franklin

Free UBE Practice Questions

Domain 1: Multistate Bar Examination (MBE) 50% of exam

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Domain 2: Multistate Essay Examination (MEE) 30% of exam

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