Under Federal Rule of Civil Procedure 12(b), which of the following defenses is waived if not raised in the first responsive pleading or pre-answer motion?
Civil Procedure
Question · Medium
Before the first question in custody
Short
Uniform Bar Examination UBE Exam Guide 2026: Free Bar Exam Prep
Complete 2026 UBE guide covering the MBE, MEE, MPT, 260-270 passing scores, 400-600 hour study plan, practice strategy, common mistakes, and official NCBE resources.
Blog
A plaintiff sues a defendant in federal district court for negligence under diversity jurisdiction. The plaintiff is a citizen of State A; the defendant is a citizen of State B. The amount in controversy exceeds $75,000. After answering, defendant moves to dismiss for lack of subject matter jurisdiction, arguing the case should be in state court. How should the court rule?
Question · Easy
Two-day lawyer-licensing test that Wisconsin began administering in July 2026, requiring a scaled score of at least 260 to pass, whose score can be transferred to other jurisdictions.
Licensing tests
Guess the Term
Chapter 1: UBE Architecture & Bar Study Strategy
1.1 UBE Architecture, Scoring Mechanics & Jurisdiction Cutoffs
Study guide
Under Rule 26(b)(1) of the Federal Rules of Civil Procedure, the scope of discovery generally includes:
Read the clue and guess the term in 6 tries.
Game
Under Rule 56 of the Federal Rules of Civil Procedure, summary judgment must be granted when:
Six-hour, 200-question multiple-choice component that most U.S. jurisdictions use in licensing lawyers; 175 of its questions count.
Under Rule 23 of the Federal Rules of Civil Procedure, which of the following is NOT a prerequisite to a class action?
Under the Erie doctrine, when a federal court sits in diversity jurisdiction, the court must apply:
Ninety-minute lawyering task, given twice on day one of Wisconsin's two-day licensing examination, that asks the candidate to use fundamental skills in a realistic situation and complete a task a beginning lawyer should be able to accomplish; it is not a measure of substantive knowledge.
1.2 NextGen Bar Exam Transition & Comparative Architecture
Under International Shoe and its progeny, for a state to exercise specific personal jurisdiction over an out-of-state defendant consistent with due process, the defendant must:
Swap tiles to line up three of the same term.
Term Match
Under the doctrine of res judicata (claim preclusion), a final judgment on the merits bars the same parties from relitigating:
Two-hour, 60-question multiple-choice test of the law on lawyer and judge conduct, scored from 50 to 150, with passing scores set by each jurisdiction.
Under 28 U.S.C. 1441, when may a defendant remove a case from state court to federal court?
Under the First Amendment, government regulation of commercial speech is evaluated under which standard?
Constitutional Law
Doctrine, named for a 1938 railroad case, that federal courts apply state law outside matters governed by the Constitution or Acts of Congress, since there is no federal general common law.
Civil procedure
1.3 400–600 Hour Bar Prep Architecture & Active Recall Strategies
Under the Equal Protection Clause of the Fourteenth Amendment, racial classifications by state governments are reviewed under:
Flip two cards at a time to find matching terms.
Term Pairs
Under the dormant Commerce Clause, a state law that discriminates against out-of-state commerce on its face is:
Proper judicial district for a federal civil action under section 1391 of Title 28, such as one where any defendant resides if all defendants reside in that district's state.
The doctrine of incorporation provides that:
Under the Takings Clause of the Fifth Amendment (applicable to states through the Fourteenth Amendment), a regulatory taking occurs when:
Unreasonable one of a person, house, paper, or effect violates the Fourth Amendment, whose warrants require probable cause.
Constitutional law
Chapter 2: Civil Procedure: Jurisdiction & Pretrial
2.1 Subject Matter Jurisdiction, Supplemental Jurisdiction & Removal
Article III standing under the U.S. Constitution requires the plaintiff to demonstrate:
Find five hidden terms in a grid of letters.
Term Search
Under the First Amendment Free Exercise Clause as interpreted in Employment Division v. Smith (1990), neutral and generally applicable laws that incidentally burden religion are:
No state may deprive any person of life, liberty, or property without ___ process of law.
Under the Speech or Debate Clause (Article I, Section 6), members of Congress are immune from:
Under the Statute of Frauds, which of the following contracts must generally be in writing to be enforceable?
Contracts
Kind of protection of the laws that no state may deny to any person within its jurisdiction.
2.2 Personal Jurisdiction, Service of Process & Venue
Under UCC 2-207 (the 'battle of the forms'), between merchants, additional terms in an acceptance become part of the contract unless:
Question · Hard
Under the doctrine of promissory estoppel, a promise is enforceable without consideration when:
Grade of offense that federal sentencing law reserves for crimes with a maximum prison term above one year — classes A through E.
Criminal law
Under UCC 2-314, a merchant who sells goods of the kind impliedly warrants that the goods are:
Under the Parol Evidence Rule, when parties have entered a final written agreement that is intended to be a complete and exclusive statement of their agreement (fully integrated), extrinsic evidence of prior or contemporaneous agreements is:
Under the federal criminal rules, a defendant may enter one of not guilty, guilty, or, with the court's consent, nolo contendere.
2.3 The Erie Doctrine, Pleadings & Pre-Answer Motions
Under the perfect tender rule of UCC 2-601, if goods or their tender fail in any respect to conform to the contract, the buyer may:
Which of the following constitutes an effective acceptance under common law?
Kind of witness federal Rule of Evidence 702 qualifies through knowledge, skill, experience, training, or education to give opinion testimony.
Evidence rules
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