Uniform Bar Examination (UBE)

Under the Due Process Clause of the Fourteenth Amendment, which standard of review applies to a state law that restricts a fundamental right?

• ARational basis review
• BIntermediate scrutiny
• CStrict scrutiny
• DHeightened rational basis review

A state enacts a law prohibiting out-of-state wineries from shipping directly to consumers while allowing in-state wineries to do so. Under which constitutional provision is this law most likely to be challenged?

• AEqual Protection Clause
• BPrivileges and Immunities Clause of Article IV
• CDormant Commerce Clause
• DSupremacy Clause

Congress passes a law directing state governors to enforce a new federal environmental regulation. A governor challenges the law. What is the most likely result?

• AThe law is valid under the Commerce Clause
• BThe law is invalid under the anti-commandeering doctrine
• CThe law is valid under the Necessary and Proper Clause
• DThe law is invalid under the Privileges and Immunities Clause

A city ordinance bans all signs within 500 feet of intersections for traffic safety. A church challenges the ordinance as applied to its sign displaying worship times. What type of First Amendment restriction is the ordinance?

• AContent-based restriction subject to strict scrutiny
• BContent-neutral time, place, and manner restriction
• CPrior restraint on speech
• DViewpoint-based restriction

Which of the following is NOT a requirement for Article III standing?

• AInjury in fact
• BCausation between the injury and the defendant's conduct
• CRedressability by a favorable court decision
• DExhaustion of administrative remedies

A bilateral contract is formed when:

• AOne party makes a promise in exchange for the other party's performance
• BBoth parties exchange mutual promises
• COne party makes an offer that can only be accepted by performance
• DA party makes a gratuitous promise

A merchant emails a signed offer to sell 500 widgets at $10 each, stating the offer will remain open for 30 days. After 15 days, the merchant attempts to revoke. Under the UCC, is the revocation effective?

• AYes, because consideration is required to keep an offer open
• BNo, because this is a firm offer under UCC § 2-205
• CYes, because email communications are not valid offers
• DNo, because the buyer detrimentally relied on the offer

A homeowner hires a contractor to remodel a kitchen for $50,000. After completing 90% of the work, the contractor abandons the project without justification. The homeowner hires another contractor to finish the work for $10,000. What can the original contractor recover?

• ANothing, because the contractor materially breached
• B$45,000, which represents 90% of the contract price
• C$40,000, representing the contract price minus the cost of completion
• D$50,000, because substantial performance was achieved

Under the Statute of Frauds, which of the following contracts must be in writing to be enforceable?

• AA contract for the sale of goods priced at $400
• BA contract that can be performed within one year
• CA contract for the sale of real property
• DA contract for services valued at $600

A buyer contracts to purchase a specific antique vase from a seller. Before delivery, the vase is destroyed by an earthquake through no fault of either party. What is the legal effect under the common law?

• AThe seller is liable for breach of contract
• BThe contract is discharged by impossibility
• CThe buyer must pay the contract price regardless
• DThe contract is voidable at the seller's option

A modification of a contract under the common law requires:

• AA signed writing
• BNew consideration from both parties
• CApproval by a third-party beneficiary
• DA waiting period of 30 days

A defendant is charged with burglary for breaking into a house at night. At common law, burglary requires:

• ABreaking and entering a dwelling at night with intent to commit a felony therein
• BEntering any structure with intent to commit a crime
• CBreaking into a building during daylight hours
• DUnlawfully remaining in a building after business hours

A defendant plans to rob a bank and purchases a gun for that purpose. On the way to the bank, the defendant changes his mind and goes home. Can the defendant be convicted of attempt?

• AYes, because purchasing the gun constitutes a substantial step
• BNo, because the defendant voluntarily abandoned the plan before committing a substantial…
• CYes, because planning a crime is sufficient for attempt
• DNo, because abandonment is always a defense to attempt

Under the felony murder rule, which of the following is most likely to support a felony murder charge?

• AA death occurring during a misdemeanor assault
• BA death occurring during an armed robbery
• CA death caused by a co-felon after all felons have fled the scene
• DA death occurring during a nonviolent tax fraud scheme

A defendant threatens to reveal embarrassing photos of the victim unless the victim pays $5,000. The defendant is most likely guilty of:

• ARobbery
• BExtortion
• CLarceny by trick
• DFalse pretenses

An undercover officer asks a suspect if he wants to buy stolen electronics. The suspect agrees and is arrested. The suspect raises the defense of entrapment. Under the subjective test used by most jurisdictions, entrapment is established if:

• AThe government provided the opportunity to commit the crime
• BThe crime was originated by the government and the defendant was not predisposed to commi…
• CAny government involvement occurred in the crime
• DThe defendant would not have committed the crime but for the undercover operation

A police officer, without a warrant, searches the passenger compartment of a car after arresting the driver for a traffic violation. The officer finds drugs in the glove compartment. Under the Fourth Amendment, is the search valid?

• AYes, because a search incident to arrest always permits a full vehicle search
• BNo, because the officer needed a warrant to search the glove compartment
• CYes, only if the arrestee could have accessed the glove compartment at the time of the se…
• DNo, because traffic violations do not justify any search

Police obtain a confession from a suspect who was in custody but not given Miranda warnings. The confession leads police to physical evidence of the crime. Is the physical evidence admissible?

• ANo, because it is fruit of the poisonous tree
• BYes, because the physical evidence is admissible even if the confession is suppressed
• CNo, because all derivative evidence must be excluded
• DYes, but only if the confession was voluntary

A witness to a robbery identifies the defendant in a police lineup conducted without the defendant's attorney present, after the defendant had been indicted. The identification is:

• AAdmissible because lineups do not require counsel
• BInadmissible because the Sixth Amendment right to counsel attaches at indictment and appl…
• CAdmissible if the witness can make an independent in-court identification
• DInadmissible only if the lineup was unnecessarily suggestive

Under the Federal Rules of Evidence, which of the following statements about character evidence in a civil case is correct?

• ACharacter evidence is always admissible in civil cases
• BCharacter evidence is generally inadmissible to prove conduct in conformity therewith in…
• COnly the plaintiff may introduce character evidence in civil cases
• DCharacter evidence is admissible in civil cases but only through reputation testimony

A plaintiff offers testimony from a witness who heard the defendant say, 'I ran the red light.' The statement is offered to prove the defendant ran the red light. The statement is:

• AInadmissible hearsay
• BAdmissible as a party admission
• CAdmissible as an excited utterance
• DAdmissible as a present sense impression

A defendant in a murder trial wants to introduce evidence that the victim had a violent character to support a claim of self-defense. Under the Federal Rules of Evidence, the defendant may prove the victim's character through:

• ASpecific instances of the victim's violent conduct
• BReputation or opinion testimony only
• CAny form of evidence including specific instances
• DOnly documentary evidence of prior convictions

A hospital record containing a doctor's notation about a patient's condition is offered into evidence. The record is most likely admissible under which hearsay exception?

• APresent sense impression
• BBusiness records exception
• CStatement for purposes of medical diagnosis
• DPast recollection recorded

An attorney-client privilege claim is asserted to protect a communication. Which of the following would waive the privilege?

• AThe client discussing the communication with a close friend
• BThe attorney taking notes during the communication
• CThe client paying the attorney's fees
• DThe communication occurring in the attorney's office

Under FRE 403, relevant evidence may be excluded if:

• AIt is cumulative
• BIts probative value is substantially outweighed by the danger of unfair prejudice
• CIt is circumstantial rather than direct
• DThe opposing party objects on relevance grounds