Alaska Bar Exam (Uniform Bar Examination — MBE Component) — Questions and Answers

Question 1: An attorney's duty of competence under Alaska RPC 1.1 includes?

The legal knowledge, skill, thoroughness, and preparation reasonably necessary (Correct answer)
Experience of at least 10 years
Guaranteed successful outcomes
Top-ranked expertise in every field

Correct answer: The legal knowledge, skill, thoroughness, and preparation reasonably necessary

RPC 1.1 defines competence as the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

Question 2: Under UCC § 2-508, a seller's right to cure a defective delivery exists when:

The buyer has rejected the goods and the contract performance time has not yet expired (Correct answer)
The defect was intentionally concealed by the seller
The buyer has already accepted and used the goods
The buyer has expressly waived their right to conforming goods

Correct answer: The buyer has rejected the goods and the contract performance time has not yet expired

Under UCC § 2-508, a seller has the right to cure a non-conforming tender when the contract time has not yet expired and the seller seasonably notifies the buyer of intent to cure with a conforming delivery.

Question 3: What standard governs whether a case can be decided by summary judgment in Alaska?

Clear and convincing evidence
Preponderance of the evidence
No genuine dispute of material fact and moving party entitled to judgment as a matter of law (Correct answer)
Beyond a reasonable doubt

Correct answer: No genuine dispute of material fact and moving party entitled to judgment as a matter of law

Alaska Rule 56 mirrors the federal standard: summary judgment is proper when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

Question 4: What is the purpose of Alaska Rule of Civil Procedure 11?

Define jury instructions
Set trial procedure
Govern discovery sanctions
Require good faith certification of pleadings and motions (Correct answer)

Correct answer: Require good faith certification of pleadings and motions

Rule 11 requires attorneys to certify that filings are not frivolous and are grounded in fact and law.

Question 5: Under the doctrine of anticipatory repudiation, a non-breaching party may:

Recover punitive damages automatically
Immediately treat the contract as breached and seek remedies (Correct answer)
Only wait until the actual performance date to sue
Modify the contract terms unilaterally

Correct answer: Immediately treat the contract as breached and seek remedies

When a party unequivocally repudiates a contract before the performance date, the non-breaching party may treat it as an immediate total breach and pursue all available remedies without waiting.

Question 6: In Alaska criminal sentencing, what is a 'Chaney factor'?

A factor from State v. Chaney guiding individualized sentencing (Correct answer)
A mitigating factor for first-time offenders only
A sentencing enhancement for gang crimes
A mandatory minimum trigger

Correct answer: A factor from State v. Chaney guiding individualized sentencing

State v. Chaney established sentencing objectives in Alaska including rehabilitation, isolation, deterrence, and community condemnation.

Question 7: Which of the following are true regarding the character and fitness evaluation for Alaska Bar applicants?

An interview may be required. (Correct answer)
Applicants must demonstrate good moral character. (Correct answer)
The evaluation only considers criminal history.
A background check is required. (Correct answer)

Correct answer: An interview may be required.

A comprehensive background check is a mandatory part of the character and fitness evaluation for Alaska Bar applicants. This process is essential to ensure that individuals admitted to the bar possess the integrity, honesty, and moral character required to practice law responsibly. The evaluation considers an applicant's entire history, not just criminal records, and may include interviews.

Question 8: In Alaska, the conveyance of real property by a married person requires whose signature?

Both spouses if the property is community property or marital home (Correct answer)
Only when children are involved
Only the owner-spouse
No spousal signature required

Correct answer: Both spouses if the property is community property or marital home

Alaska requires both spouses to join in conveyances of the marital home and certain marital property to protect each spouse's interest.

Question 9: Which of the following topics are generally covered by the Multistate Essay Examination (MEE)?

Family Law (Correct answer)
Intellectual Property
Administrative Law
Business Associations (Correct answer)

Correct answer: Family Law

Family Law is one of the subjects generally covered by the Multistate Essay Examination (MEE). The MEE tests a broader range of subjects than the MBE, requiring applicants to demonstrate their ability to analyze complex legal scenarios and apply relevant legal principles in an essay format. Other common MEE subjects include Business Associations, Conflict of Laws, Trusts and Estates, and Secured Transactions.

Question 10: Under Alaska zoning law, a use that lawfully existed before a zoning restriction that now prohibits it is called a?

Nonconforming use (Correct answer)
Conditional use
Special exception
Variance

Correct answer: Nonconforming use

A nonconforming use is a lawful pre-existing use that a new zoning ordinance prohibits, generally allowed to continue subject to limitations.

Question 11: Alaska recognizes which of the following forms of co-ownership that includes a right of survivorship?

Tenancy in common only
Tenancy by the entireties only
Joint tenancy with right of survivorship (Correct answer)
Tenancy in common

Correct answer: Joint tenancy with right of survivorship

Alaska recognizes joint tenancy with right of survivorship, where the surviving joint tenant automatically receives the deceased tenant's share.

Question 12: What is the purpose of Alaska's deferred prosecution statute?

To delay trial indefinitely
To transfer cases to federal court
To allow defendants to complete conditions and have charges dismissed (Correct answer)
To permanently dismiss charges

Correct answer: To allow defendants to complete conditions and have charges dismissed

AS 12.45.100 allows prosecutors to defer prosecution while a defendant fulfills conditions, after which charges are dismissed.

Question 13: Which body initially selects Alaska Supreme Court justices?

The legislature
The Governor alone
The Alaska Judicial Council (Correct answer)
Direct popular election

Correct answer: The Alaska Judicial Council

The Alaska Judicial Council nominates candidates and the Governor appoints from that list under a merit selection system.

Question 14: What is the term length for Alaska state senators?

Six years
Four years (Correct answer)
Three years
Two years

Correct answer: Four years

Alaska state senators serve four-year terms under Article II of the Alaska Constitution.

Question 15: What vote threshold is required to amend the Alaska Constitution via legislative proposal?

Unanimous vote
Simple majority in both chambers
Three-fourths of each chamber
Two-thirds of each chamber (Correct answer)

Correct answer: Two-thirds of each chamber

A constitutional amendment proposed by the legislature requires a two-thirds vote of each chamber before going to voters.

Question 16: In Alaska, first-degree assault requires what level of harm?

Emotional harm only
Any physical contact
Serious physical injury (Correct answer)
Bodily injury

Correct answer: Serious physical injury

AS 11.41.200 defines first-degree assault as causing serious physical injury to another person intentionally.

Question 17: Under the Alaska Constitution, which entity has authority over the Alaska Permanent Fund?

The voters directly
The legislature
The Alaska Permanent Fund Corporation as directed by statute (Correct answer)
The Governor exclusively

Correct answer: The Alaska Permanent Fund Corporation as directed by statute

The Alaska Permanent Fund Corporation manages the Fund's investments as authorized by the legislature through statute.

Question 18: The 'mailbox rule' provides that an acceptance is effective when:

Both parties have signed the document
The offeror reads it
Received by the offeror
Sent by the offeree (Correct answer)

Correct answer: Sent by the offeree

Under the mailbox rule, an acceptance is effective upon dispatch (when sent), not upon receipt by the offeror.

Question 19: Which of the following statements is true regarding the Multistate Performance Test (MPT) in the Alaska Bar Exam?

The MPT tests practical lawyering skills. (Correct answer)
The MPT consists of two performance tasks. (Correct answer)
The MPT is worth 20% of the total UBE score. (Correct answer)
The MPT is a multiple-choice exam similar to the MBE.

Correct answer: The MPT tests practical lawyering skills.

The Multistate Performance Test (MPT) is specifically designed to test practical lawyering skills rather than substantive legal knowledge. Applicants are given a 'file' and a 'library' of materials and must complete a specific task, such as drafting a memo, brief, or letter. This assesses abilities like legal analysis, problem-solving, factual investigation, and written communication, simulating real-world legal work.

Question 20: Which of the following are examples of accommodations that may be provided during the Alaska Bar Exam?

An alternate exam format (e.g., oral exam)
Extra time to complete the exam (Correct answer)
A separate testing room (Correct answer)
Large-print exam materials (Correct answer)

Correct answer: Extra time to complete the exam

Extra time to complete the exam is a common and frequently granted accommodation for candidates with documented disabilities on the Alaska Bar Exam. This accommodation allows individuals who may process information or write at a slower pace due to their condition to have an equitable opportunity to demonstrate their knowledge and skills. Other accommodations might include a separate testing room or large-print materials.

Question 21: What is the Alaska homestead exemption amount for purposes of creditor protection?

$72,900 (Correct answer)
$27,000
$54,000
$500,000

Correct answer: $72,900

AS 09.38.010 protects up to $72,900 of equity in a principal residence from most creditors in Alaska.

Question 22: What is the Alaska standard for ineffective assistance of counsel under the state constitution?

Preponderance that counsel was incompetent
Automatic reversal if counsel lacked experience
Strickland two-part test: deficient performance and prejudice (Correct answer)
Per se reversal for any error

Correct answer: Strickland two-part test: deficient performance and prejudice

Alaska follows the Strickland standard requiring proof of both deficient performance and resulting prejudice to the defendant.

Question 23: What must a deed contain to be valid in Alaska?

Grantor, grantee, and witness signatures only
Grantor, grantee, words of conveyance, legal description, and grantor's signature (Correct answer)
Legal description and recording fee payment
Purchase price, legal description, and notarization

Correct answer: Grantor, grantee, words of conveyance, legal description, and grantor's signature

A valid Alaska deed must identify the grantor and grantee, include words of conveyance, provide a legal description, and be signed by the grantor.

Question 24: The mitigation doctrine in contract law requires a non-breaching party to:

Accept any substitute performance offered by the breaching party
Waive their right to damages upon learning of the breach
Take reasonable steps to minimize their damages after breach (Correct answer)
Renegotiate the contract before filing suit

Correct answer: Take reasonable steps to minimize their damages after breach

The mitigation doctrine requires the non-breaching party to take reasonable steps to reduce their losses; failure to mitigate bars recovery for damages that could have been avoided.

Question 25: An attorney representing both the buyer and seller in a real estate transaction creates what type of conflict?

Personal interest conflict
Successive conflict
Simultaneous conflict of interest (Correct answer)
Positional conflict

Correct answer: Simultaneous conflict of interest

Representing both parties to the same transaction is a simultaneous or concurrent conflict of interest requiring informed written consent from both clients.

Question 26: After appointment, Alaska Supreme Court justices face voters in what type of election?

Contested nonpartisan election
No election required
Contested partisan election
Retention election (Correct answer)

Correct answer: Retention election

Alaska Supreme Court justices face retention elections where voters decide yes or no on keeping them in office.

Question 27: Under the Alaska Constitution, how many branches of state government are established?

Four
Three (Correct answer)
Two
Five

Correct answer: Three

The Alaska Constitution establishes three branches: executive, legislative, and judicial.

Question 28: Which of the following components are included in the Alaska Bar Exam?

Multistate Essay Examination (MEE) (Correct answer)
Alaska Law Examination
Multistate Bar Examination (MBE) (Correct answer)
Multistate Performance Test (MPT) (Correct answer)

Correct answer: Multistate Essay Examination (MEE)

The Alaska Bar Exam is part of the Uniform Bar Examination (UBE), which includes three main components. The Multistate Bar Examination (MBE) is one of these core components, assessing an applicant's knowledge of fundamental legal principles through multiple-choice questions. The other UBE components are the Multistate Essay Examination (MEE) and the Multistate Performance Test (MPT).

Question 29: Which Alaska RPC provision addresses an attorney's duty to communicate with clients?

RPC 1.6
RPC 1.2
RPC 1.4 (Correct answer)
RPC 1.1

Correct answer: RPC 1.4

Alaska RPC 1.4 requires attorneys to keep clients reasonably informed and promptly respond to requests for information.

Question 30: What is the weight of the Multistate Bar Examination (MBE) in the overall UBE score in Alaska?

50% (Correct answer)
30%
25%
70%

Correct answer: 50%

In Alaska, as in all UBE jurisdictions, the Multistate Bar Examination (MBE) accounts for 50% of the total UBE score. This significant weighting reflects the MBE's role in evaluating an applicant's foundational legal knowledge across a broad range of subjects. The remaining 50% is split between the Multistate Essay Examination (MEE) and the Multistate Performance Test (MPT).

Question 31: Under the Alaska Constitution, the right to privacy is explicitly protected in which provision?

Article I, Section 22 (Correct answer)
Article IV, Section 2
Article II, Section 1
Article III, Section 5

Correct answer: Article I, Section 22

Article I, Section 22 of the Alaska Constitution explicitly guarantees the right to privacy, broader than federal protection.

Question 32: Which of the following subjects are tested on the Multistate Bar Examination (MBE)?

Civil Procedure (Correct answer)
Real Property (Correct answer)
Family Law
Constitutional Law (Correct answer)

Correct answer: Civil Procedure

The Multistate Bar Examination (MBE) tests seven core subjects, one of which is Constitutional Law. The MBE is a multiple-choice exam designed to assess an applicant's understanding of fundamental legal principles in these specific areas. Other subjects tested include Civil Procedure, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts.

Question 33: Under Alaska RPC 3.3, an attorney's duty of candor to the tribunal prohibits?

Vigorous advocacy
Making false statements of fact or law to the court (Correct answer)
Citing unfavorable precedent
Requesting continuances

Correct answer: Making false statements of fact or law to the court

RPC 3.3 prohibits attorneys from making knowingly false statements of material fact or law to any tribunal.

Question 34: Which of the following materials are likely to be included in a bar review course for the Alaska Bar Exam?

Alaska-specific legal materials (Correct answer)
Multistate Bar Examination (MBE) question banks (Correct answer)
Personal coaching sessions
Practice essays (Correct answer)

Correct answer: Alaska-specific legal materials

Bar review courses for the Alaska Bar Exam typically include a wealth of practice essays, which are crucial for preparing for the Multistate Essay Examination (MEE) and Multistate Performance Test (MPT). These materials allow applicants to hone their legal writing, analysis, and issue-spotting skills under timed conditions. They also often include MBE question banks and outlines of legal doctrines.

Question 35: Which of the following is a reliable source for practicing Multistate Bar Examination (MBE) questions?

NCBE Official Prep Materials (Correct answer)
Commercial bar prep books (Correct answer)
Random online quizzes
Law school course notes

Correct answer: NCBE Official Prep Materials

The NCBE Official Prep Materials are considered the most reliable source for practicing Multistate Bar Examination (MBE) questions. These materials are developed by the National Conference of Bar Examiners (NCBE), the creators of the MBE, ensuring that the questions accurately reflect the format, style, and content tested on the actual exam. Using official questions is vital for effective preparation.

Question 36: Under Alaska RPC 1.15, client funds must be kept?

In any interest-bearing account
In a trust account separate from the attorney's own funds (Correct answer)
In the attorney's general operating account
In cash in a firm safe

Correct answer: In a trust account separate from the attorney's own funds

RPC 1.15 requires attorneys to hold client funds in a separate trust account (IOLTA or dedicated trust) to prevent commingling.

Question 37: Alaska uses which system for selecting jurors for civil trials?

Combination of court and attorney voir dire (Correct answer)
Lottery without voir dire
Judge-only selection
Only attorney voir dire

Correct answer: Combination of court and attorney voir dire

Alaska uses a combined system where the judge conducts initial voir dire and attorneys may conduct additional questioning.

Question 38: Under Alaska Rule 54, a judgment is final for appeal purposes when?

When the judge announces the decision orally
When a written judgment is entered on the docket (Correct answer)
When the losing party receives notice
When the jury returns a verdict

Correct answer: When a written judgment is entered on the docket

Rule 54 provides that a judgment is final and appeal time runs from when the written judgment is entered on the court's docket.

Question 39: Under Alaska bar admission rules, applicants must demonstrate what regarding character?

Minimum GPA of 3.0
Prior legal work experience
Graduation from an ABA-accredited law school only
Good moral character and fitness to practice law (Correct answer)

Correct answer: Good moral character and fitness to practice law

Alaska bar applicants must satisfy a character and fitness review demonstrating good moral character as a prerequisite to admission.

Question 40: The 'perfect tender rule' under UCC Article 2 (§ 2-601) allows a buyer to reject goods if:

Delivery is made by a different carrier than the one specified
The price substantially exceeds fair market value
The defect is material to the contract's central purpose
The goods or tender of delivery fail to conform in any respect (Correct answer)

Correct answer: The goods or tender of delivery fail to conform in any respect

Under the perfect tender rule, a buyer may reject goods if they or the tender of delivery fails to conform to the contract in any respect, subject to the seller's right to cure and installment contract exceptions.

Question 41: Which of the following laws governs the provision of special accommodations for the Alaska Bar Exam?

Rehabilitation Act of 1973 (Correct answer)
Americans with Disabilities Act (ADA) (Correct answer)
Equal Pay Act of 1963
Civil Rights Act of 1964

Correct answer: Rehabilitation Act of 1973

The Americans with Disabilities Act (ADA) is the primary federal law that governs the provision of special accommodations for standardized tests, including the Alaska Bar Exam. The ADA mandates that testing entities provide reasonable accommodations to qualified individuals with disabilities. This ensures equal access and opportunity for all eligible candidates to demonstrate their competence.

Question 42: In Alaska, what is the statute of limitations for personal injury tort claims?

6 years
1 year
3 years
2 years (Correct answer)

Correct answer: 2 years

AS 09.10.070 provides a 2-year statute of limitations for personal injury claims in Alaska.

Question 43: Under Alaska RPC 1.6, an attorney may reveal confidential client information without consent in what circumstance?

To prevent reasonably certain death or substantial bodily harm (Correct answer)
Only under court order
Whenever it would benefit a third party
Whenever the attorney deems it appropriate

Correct answer: To prevent reasonably certain death or substantial bodily harm

Alaska RPC 1.6(b)(1) permits disclosure to prevent reasonably certain death or substantial bodily harm even without client consent.

Question 44: Under UCC § 2-207 (battle of the forms), additional terms in an acceptance between merchants become part of the contract unless:

The acceptor is a consumer rather than a merchant
The parties are located in different states
The contract involves a mixture of goods and services
The offer expressly limits acceptance to its own terms (Correct answer)

Correct answer: The offer expressly limits acceptance to its own terms

Under UCC § 2-207, additional terms between merchants become part of the contract unless the offer expressly limits acceptance to its terms, the additions materially alter the contract, or timely objection is made.

Question 45: What is the general statute of limitations for contract claims in Alaska?

10 years
2 years
3 years
6 years (Correct answer)

Correct answer: 6 years

Alaska Civil Rule 8 and AS 09.10.050 establish a general 6-year statute of limitations for contract claims.

Question 46: Which of the following topics could appear on the Multistate Essay Examination (MEE) during the Alaska Bar Exam?

Business Associations (Correct answer)
Professional Responsibility
Trusts and Estates (Correct answer)
Negotiable Instruments (UCC Article 3) (Correct answer)

Correct answer: Business Associations

The Multistate Essay Examination (MEE) covers a wider range of subjects than the MBE, and Trusts and Estates is one of the topics that frequently appears. The MEE assesses an applicant's ability to analyze legal issues and apply legal principles in a written essay format. Other potential MEE subjects include Business Associations, Conflict of Laws, Family Law, and Secured Transactions, among others.

Question 47: Under the common law, which element is NOT required for valid contract formation?

Offer
Acceptance
Consideration
Writing (Correct answer)

Correct answer: Writing

Common law contracts require offer, acceptance, and consideration; a writing is generally not required unless the Statute of Frauds applies.

Question 48: What does Alaska RPC 8.3 require of attorneys who know of serious misconduct by another attorney?

Keep it confidential under all circumstances
Report it to the Alaska Bar Association unless protected by confidentiality (Correct answer)
Confront the attorney directly only
Report it only if asked by disciplinary authorities

Correct answer: Report it to the Alaska Bar Association unless protected by confidentiality

RPC 8.3 requires attorneys with knowledge of serious professional misconduct to report it to disciplinary authority, subject to confidentiality limitations.

Question 49: In Alaska, the adverse possession period for privately held land is how many years?

10 years (Correct answer)
7 years
20 years
5 years

Correct answer: 10 years

AS 09.10.030 establishes a 10-year adverse possession period for privately held real property in Alaska.

Question 50: Which of the following statements about the Alaska law course are true?

The Alaska law course is an online course. (Correct answer)
The Alaska law course is an in-person seminar.
The Alaska law course includes a graded exam.
Completion of the Alaska law course is required for bar admission. (Correct answer)

Correct answer: The Alaska law course is an online course.

The Alaska law course, a mandatory requirement for bar admission, is delivered as an online course. This format provides flexibility for applicants to learn about Alaska-specific legal topics, including state statutes, court rules, and unique legal doctrines. Completion of this course ensures familiarity with local legal nuances not covered by the Uniform Bar Examination.

Question 51: Under Alaska law, which of the following contracts must be in writing under the Statute of Frauds?

A contract for sale of goods worth $400
A contract for the sale of real property (Correct answer)
A personal services contract lasting 10 months
A contract to complete services within 30 days

Correct answer: A contract for the sale of real property

The Statute of Frauds requires contracts for the sale of real property to be in writing and signed by the party to be charged to be enforceable.

Question 52: Alaska's three-strikes law imposes what consequence on a third serious felony conviction?

Presumptive 99-year sentence
No additional consequence
Enhanced presumptive sentencing range (Correct answer)
Mandatory life without parole

Correct answer: Enhanced presumptive sentencing range

Alaska's habitual offender provisions under AS 12.55 increase the presumptive sentencing range for repeat serious felony offenders.

Question 53: What type of estate is created when land is granted 'to A for life, then to B'?

Life estate with remainder (Correct answer)
Fee tail
Fee simple determinable
Fee simple absolute

Correct answer: Life estate with remainder

This conveyance creates a life estate in A with a vested remainder in B, who takes the property upon A's death.

Question 54: Under Alaska RPC 1.16, an attorney must withdraw from representation when?

The case becomes complex
The attorney is not being paid promptly
Continued representation would result in violation of the Rules of Professional Conduct (Correct answer)
The client becomes difficult

Correct answer: Continued representation would result in violation of the Rules of Professional Conduct

RPC 1.16(a) mandates withdrawal when continuing the representation would require the attorney to violate the Rules of Professional Conduct.

Question 55: Which of the following statements are true regarding the timeline for requesting special accommodations on the Alaska Bar Exam?

Supporting documentation should be submitted at the time of the request. (Correct answer)
Late accommodation requests are automatically denied.
Requests for accommodations must be submitted by the regular application deadline. (Correct answer)
Requests can be submitted anytime up to the day of the exam.

Correct answer: Supporting documentation should be submitted at the time of the request.

Requests for special accommodations on the Alaska Bar Exam, along with all supporting documentation, must be submitted by the regular application deadline. This strict timeline is crucial to allow the bar examiners sufficient time to thoroughly review each request and make appropriate arrangements. Late accommodation requests are typically not considered, emphasizing the importance of timely submission.

Question 56: The doctrine of substantial performance in contract law allows a party to recover when:

They have intentionally breached a material term
They have performed most obligations but with only minor deviations (Correct answer)
They have completely performed all contractual obligations
The other party has waived all performance requirements in writing

Correct answer: They have performed most obligations but with only minor deviations

Substantial performance allows a party who has mostly completed their obligations with only minor, non-material deviations to recover the contract price minus damages for the shortfall.

Question 57: What right does the Alaska Constitution provide criminal defendants that exceeds the U.S. Constitution?

A broader right against unreasonable searches and seizures
Right to counsel at all stages including misdemeanors (Correct answer)
Right to confront witnesses
Right to trial by jury

Correct answer: Right to counsel at all stages including misdemeanors

Alaska's constitution and case law provide broader right-to-counsel protections extending to misdemeanor prosecutions beyond federal requirements.

Question 58: An offeree's response that changes a material term of the original offer is best characterized as:

A valid acceptance with a proposed modification
A mere request for information
A counteroffer that terminates the original offer (Correct answer)
A conditional acceptance binding both parties

Correct answer: A counteroffer that terminates the original offer

Under the common law mirror image rule, a response that changes a material term of the offer is a counteroffer, which terminates the original offer and substitutes a new one.

Question 59: How many members serve in the Alaska House of Representatives?

60
80
40 (Correct answer)
20

Correct answer: 40

The Alaska House of Representatives consists of 40 members serving two-year terms.

Question 60: What types of study aids are useful for preparing for the Multistate Performance Test (MPT)?

MBE question banks
Outlines of legal doctrines
Practice performance tests (Correct answer)
Legal writing guides (Correct answer)

Correct answer: Practice performance tests

Practicing with actual or simulated performance tests is the most effective study aid for preparing for the Multistate Performance Test (MPT). These exercises help applicants develop the practical lawyering skills required, such as organizing information, analyzing facts, and drafting legal documents under timed conditions. Unlike MBE questions or doctrinal outlines, MPT practice directly simulates the exam experience.

Question 61: A force majeure clause in a contract typically:

Requires parties to renegotiate upon any unforeseen difficulty
Increases a party's liability for all foreseeable events
Excuses performance when extraordinary events beyond a party's control prevent it (Correct answer)
Automatically terminates the contract upon any delay in performance

Correct answer: Excuses performance when extraordinary events beyond a party's control prevent it

A force majeure clause excuses a party's performance when extraordinary events beyond their control, such as natural disasters, wars, or government actions, make performance impossible or commercially impracticable.

Question 62: In Alaska civil proceedings, what happens if a party fails to appear at a scheduled trial?

The case is automatically dismissed with prejudice
The court may enter a default judgment or dismiss the action (Correct answer)
The trial is indefinitely postponed
The opposing party must reschedule

Correct answer: The court may enter a default judgment or dismiss the action

Under Alaska rules, a party's failure to appear may result in default judgment against them or dismissal of their claims.

Question 63: Under Alaska Rule of Criminal Procedure 5, a defendant arrested without a warrant must be brought before a magistrate within how many hours?

48 hours
24 hours (Correct answer)
12 hours
72 hours

Correct answer: 24 hours

Alaska Crim. Rule 5 requires that a defendant arrested without a warrant be brought before a judicial officer without unnecessary delay, generally within 24 hours.

Question 64: Under Alaska law, which offense requires registration as a sex offender?

Only offenses involving minors
Only first-degree sex offenses
All assault convictions
Any felony sex offense and certain misdemeanor sex offenses (Correct answer)

Correct answer: Any felony sex offense and certain misdemeanor sex offenses

AS 12.63.010 requires registration for any felony sex offense and specified misdemeanor sex offenses in Alaska.

Question 65: Under the Alaska Constitution, when may the Governor declare a state of emergency?

Only with legislative approval
Unilaterally upon a disaster or civil disturbance (Correct answer)
Only after a federal declaration
Only during natural disasters

Correct answer: Unilaterally upon a disaster or civil disturbance

The Governor may declare a state of emergency unilaterally, though legislative oversight mechanisms apply.

Question 66: Which of the following are additional requirements for admission to the Alaska Bar beyond passing the UBE?

A character and fitness evaluation (Correct answer)
Completion of an Alaska law course (Correct answer)
Residency in Alaska
Passing the Multistate Professional Responsibility Examination (MPRE) (Correct answer)

Correct answer: A character and fitness evaluation

Beyond passing the Uniform Bar Examination (UBE), Alaska requires applicants to complete an Alaska law course. This course ensures that new attorneys are familiar with the unique aspects of Alaska state law, rules of procedure, and legal practice that are not covered by the uniform components of the UBE. Applicants must also pass the MPRE and undergo a character and fitness evaluation.

Question 67: Which of the following resources are commonly used for studying for the Alaska Bar Exam?

General legal news websites
Online practice exams (Correct answer)
Bar review courses (Correct answer)
Law school textbooks (Correct answer)

Correct answer: Online practice exams

Commercial bar review courses are widely recognized as essential resources for studying for the Alaska Bar Exam. These comprehensive programs offer structured study plans, lectures, outlines, and extensive practice questions covering all tested subjects. They are designed to provide the thorough preparation needed to pass the Uniform Bar Examination (UBE) components and Alaska-specific requirements.

Question 68: In Alaska, aggravated robbery in the first degree requires what element beyond the taking?

Nighttime commission
Use of a dangerous instrument or causing serious physical injury (Correct answer)
Value exceeding $500
Taking from a person

Correct answer: Use of a dangerous instrument or causing serious physical injury

AS 11.41.500 defines first-degree robbery as robbery accomplished with a dangerous instrument or resulting in serious physical injury.

Question 69: Which of the following is an example of illusory consideration?

A promise to forbear a legal right
A promise to act only 'if I feel like it' (Correct answer)
A promise to pay $100 for services rendered
Past services performed at someone's request

Correct answer: A promise to act only 'if I feel like it'

A promise conditioned entirely on the promisor's whim ('if I feel like it') is illusory because it does not actually bind the promisor to any performance.

Question 70: In Alaska, a deed must be acknowledged before whom to be eligible for recording?

A notary public or other officer authorized to administer oaths (Correct answer)
Any witness
Two witnesses and a notary
Only a judge

Correct answer: A notary public or other officer authorized to administer oaths

AS 34.15.010 requires deeds to be acknowledged before a notary public or other authorized officer for recording eligibility.

Question 71: In Alaska, what is the minimum sentence for a first offense felony DUI?

No mandatory minimum
72 hours imprisonment (Correct answer)
30 days imprisonment
6 months imprisonment

Correct answer: 72 hours imprisonment

AS 28.35.030 provides that a first felony DUI conviction requires a minimum 72-hour imprisonment term.

Question 72: The Alaska Constitution's prohibition on imprisonment for debt is found in which article?

Article IX
Article I (Correct answer)
Article VI
Article II

Correct answer: Article I

Article I, Section 17 prohibits imprisonment for debt, protecting citizens from debtor's prison.

Question 73: What constitutional provision requires Miranda warnings before custodial interrogation in Alaska?

Sixth Amendment right to counsel
Fifth Amendment privilege against self-incrimination (Correct answer)
Fourth Amendment search and seizure
Eighth Amendment cruel punishment

Correct answer: Fifth Amendment privilege against self-incrimination

Miranda warnings are rooted in the Fifth Amendment privilege against self-incrimination and must precede custodial interrogation.

Question 74: In Alaska, a motion for new trial must be filed within how many days of judgment?

15 days (Correct answer)
14 days
30 days
10 days

Correct answer: 15 days

Alaska Rule 59(b) requires a motion for new trial to be filed within 15 days of entry of judgment.

Question 75: Alaska's attorney fee rule (Rule 82) awards fees based on what principle?

Fees are awarded to the prevailing party on a scheduled percentage basis (Correct answer)
Full indemnity fees always
Fees only in bad faith cases
Each party always bears its own fees

Correct answer: Fees are awarded to the prevailing party on a scheduled percentage basis

Alaska Rule 82 provides a sliding scale of attorney fee awards to prevailing parties based on case outcome and amount recovered.

Question 76: What interest does a purchaser under a land sales contract hold in Alaska before the contract is fully paid?

Equitable title (Correct answer)
No interest until full payment
Legal title
A mere license

Correct answer: Equitable title

Under a land sales contract, the buyer holds equitable title while the seller retains legal title until the purchase price is paid in full.

Question 77: In Alaska, mandatory arbitration applies to civil cases with claims not exceeding what amount?

$150,000
$100,000 (Correct answer)
$50,000
$200,000

Correct answer: $100,000

Under AS 09.43.010, civil cases with claims of $100,000 or less are subject to mandatory arbitration in Alaska.

Question 78: What is the primary sanction for an attorney who misappropriates client funds in Alaska?

Public reprimand
Fine only
Disbarment (Correct answer)
Suspension for 90 days

Correct answer: Disbarment

Misappropriation of client funds is treated as one of the most serious violations and typically results in disbarment in Alaska.

Question 79: What is the standard for probable cause for an arrest without a warrant in Alaska?

Officer's subjective belief
Reasonable grounds to believe the person committed a crime (Correct answer)
Beyond a reasonable doubt
Preponderance of the evidence

Correct answer: Reasonable grounds to believe the person committed a crime

Probable cause exists when officers have reasonable grounds based on articulable facts to believe a crime was committed by the person arrested.

Question 80: A lawyer who represents two co-defendants in a criminal case faces what primary ethical concern?

Competence issue
Conflict of interest due to potentially adverse interests (Correct answer)
Fee-sharing violation
Unauthorized practice

Correct answer: Conflict of interest due to potentially adverse interests

Representing co-defendants creates a conflict of interest risk because their interests may diverge, requiring informed written consent or withdrawal.

Question 81: A lawyer who receives documents inadvertently sent by opposing counsel must?

Retain and use them without disclosure (Correct answer)
Promptly notify opposing counsel and follow their instructions
Destroy them immediately
Immediately review and use them

Correct answer: Retain and use them without disclosure

Under RPC 4.4(b), upon receiving inadvertently sent documents, the attorney must promptly notify the sender; the decision on what to do next rests with the sender.

Question 82: What is an attorney's obligation upon learning that a client intends to commit perjury?

Help the client craft testimony
Ignore the issue and proceed
Immediately notify the court
Counsel the client against it and if necessary take remedial measures including possible withdrawal (Correct answer)

Correct answer: Counsel the client against it and if necessary take remedial measures including possible withdrawal

Under RPC 3.3(b), an attorney must counsel the client against perjury and may need to take remedial measures, potentially including disclosure to the tribunal.

Question 83: Which of the following are required as part of the application for special accommodations for the Alaska Bar Exam?

Documentation from a qualified professional (Correct answer)
A letter from a previous employer
A personal statement describing the need for accommodations (Correct answer)
A detailed medical diagnosis (Correct answer)

Correct answer: Documentation from a qualified professional

A detailed medical diagnosis is a crucial requirement for an application for special accommodations on the Alaska Bar Exam. This documentation, typically provided by a qualified professional, helps the bar examiners understand the nature and severity of the applicant's disability. It is essential for substantiating the need for the requested accommodations and ensuring they are appropriate.

Question 84: What is the Alaska rule regarding discovery of witness statements by the prosecution in criminal cases?

Statements are disclosed only upon court order
Prosecution need not disclose witness statements
Brady requires disclosure of material exculpatory evidence (Correct answer)
Statements must be disclosed only at trial

Correct answer: Brady requires disclosure of material exculpatory evidence

Brady v. Maryland, adopted in Alaska, requires the prosecution to disclose material exculpatory evidence including witness statements that could help the defense.

Question 85: Which article of the Alaska Constitution addresses the Declaration of Rights?

Article III
Article I (Correct answer)
Article II
Article IV

Correct answer: Article I

Article I of the Alaska Constitution contains the Declaration of Rights, protecting fundamental liberties.

Question 86: Under the UCC, a merchant's firm offer in writing is irrevocable for up to how long without consideration?

3 months (Correct answer)
6 months
30 days
60 days

Correct answer: 3 months

Under UCC § 2-205, a merchant's firm offer in writing is irrevocable for the stated period or a reasonable time, but not exceeding 3 months.

Question 87: What is the highest law governing the State of Alaska?

The Alaska Constitution (Correct answer)
Common Law
Federal Statutes
Alaska Revised Statutes

Correct answer: The Alaska Constitution

The Alaska Constitution is the supreme law of the state, subject only to the U.S. Constitution.

Question 88: Under Alaska Statutes, murder in the first degree requires what mental state?

Negligence
Recklessness
Intentional with premeditation or under specific circumstances (Correct answer)
Knowing

Correct answer: Intentional with premeditation or under specific circumstances

AS 11.41.100 defines first-degree murder as intentional killing or killing under enumerated aggravating circumstances such as during a felony.

Question 89: Alaska's professional conduct rules for attorneys are based primarily on which model?

Restatement of the Law Governing Lawyers
Alaska's own entirely independent code
ABA Model Code of Professional Responsibility
ABA Model Rules of Professional Conduct (Correct answer)

Correct answer: ABA Model Rules of Professional Conduct

Alaska's Rules of Professional Conduct are based on the ABA Model Rules, with Alaska-specific modifications.

Question 90: The implied warranty of merchantability under UCC Article 2 requires that goods:

Be of the highest quality available on the market
Conform exactly to the buyer's individual specifications
Be fit for the ordinary purposes for which such goods are used (Correct answer)
Be accompanied by a written guarantee from the seller

Correct answer: Be fit for the ordinary purposes for which such goods are used

The implied warranty of merchantability requires that goods sold by a merchant be fit for the ordinary purposes for which such goods are used; it arises automatically in sales by merchants.

Question 91: In Alaska, which type of deed is most commonly used in foreclosure sales?

Special warranty deed
Quitclaim deed
Trustee's deed or sheriff's deed (Correct answer)
General warranty deed

Correct answer: Trustee's deed or sheriff's deed

Foreclosure sales in Alaska typically use a trustee's deed (in non-judicial foreclosures) or a sheriff's deed (in judicial foreclosures) conveying only what interest the borrower had.

Question 92: The Alaska Constitution's equal rights provision prohibits discrimination based on what characteristic among others?

Sex only
Political affiliation only
Race, color, creed, sex, and national origin (Correct answer)
Age only

Correct answer: Race, color, creed, sex, and national origin

Article I, Section 3 prohibits denial of civil rights based on race, color, creed, sex, and national origin.

Question 93: Under the Alaska Rules of Civil Procedure, a defendant must serve an answer to a complaint within how many days?

14 days
30 days
21 days (Correct answer)
20 days

Correct answer: 21 days

Alaska Rule of Civil Procedure 12(a) requires an answer within 21 days of service, mirroring the federal rule.

Question 94: What Alaska rule governs communication with represented opposing parties?

Alaska RPC 4.4
Alaska RPC 4.3
Alaska RPC 4.2 (Correct answer)
Alaska RPC 4.1

Correct answer: Alaska RPC 4.2

Alaska RPC 4.2 prohibits an attorney from communicating directly with a represented party without consent of that party's counsel.

Question 95: Which of the following are true regarding admission on motion (without examination) to the Alaska Bar?

Applicants must pass the UBE with a score of at least 280.
Applicants must meet character and fitness requirements. (Correct answer)
Applicants must have a JD from an ABA-accredited law school. (Correct answer)
Applicants must have been actively practicing law for at least five years. (Correct answer)

Correct answer: Applicants must meet character and fitness requirements.

For admission on motion (without examination) to the Alaska Bar, applicants must demonstrate a significant period of active legal practice. Specifically, they must have been actively practicing law for at least five years out of the seven years immediately preceding their application. This requirement ensures that attorneys seeking admission without taking the UBE possess substantial practical experience and competence.

Question 96: What is the primary purpose of Alaska's Coastal Management Program in relation to property?

Regulate land use along the coastal zone to balance development and environmental protection (Correct answer)
Prohibit all development near water
Transfer coastal land to federal ownership
Maximize oil and gas development

Correct answer: Regulate land use along the coastal zone to balance development and environmental protection

Alaska's Coastal Management Program regulates land and water uses in the coastal zone to balance economic development with environmental protection.

Question 97: Under Alaska Civil Rule 12(b), which defense must be raised in the first responsive pleading or it is waived?

Res judicata
Failure to state a claim
Lack of subject matter jurisdiction
Lack of personal jurisdiction (Correct answer)

Correct answer: Lack of personal jurisdiction

Personal jurisdiction defenses under Rule 12(b)(2) are waived if not raised in the initial responsive pleading or motion.

Question 98: What is the minimum passing score for the Multistate Professional Responsibility Examination (MPRE) in Alaska?

75
80 (Correct answer)
85
90

Correct answer: 80

For admission to the Alaska Bar, applicants must achieve a minimum passing score of 80 on the Multistate Professional Responsibility Examination (MPRE). This exam assesses an applicant's knowledge and understanding of the ethical standards of the legal profession. A passing MPRE score is a prerequisite for bar admission in nearly all U.S. jurisdictions, including Alaska.

Question 99: Alaska's Uniform Residential Landlord Tenant Act requires landlords to maintain rental property in what condition?

Only structurally sound
Only weatherproofed
Habitable condition fit for the intended use (Correct answer)
As-is condition

Correct answer: Habitable condition fit for the intended use

AS 34.03.100 requires landlords to maintain residential premises in a habitable condition, fit and safe for human occupancy.

Question 100: Alaska RPC 1.3 requires an attorney to act with what standard toward client matters?

Reasonable effort
Diligence and promptness (Correct answer)
Superior skill and speed
Best efforts at all times

Correct answer: Diligence and promptness

RPC 1.3 requires attorneys to act with reasonable diligence and promptness in representing clients.

Question 101: What search exception allows Alaska officers to search a vehicle incident to a lawful arrest?

Community caretaking
Plain view doctrine
Exigent circumstances
Search incident to arrest limited to areas within arrestee's reach (Correct answer)

Correct answer: Search incident to arrest limited to areas within arrestee's reach

Under Arizona v. Gant (adopted in Alaska), a vehicle search incident to arrest is limited to the passenger compartment within the arrestee's reach unless seeking evidence of the arrest offense.

Question 102: Under Alaska RPC 5.5, what constitutes unauthorized practice of law?

Practicing in Alaska without an Alaska license or proper pro hac vice admission (Correct answer)
Advising clients on federal law
Practicing in federal court
Representing clients in arbitration

Correct answer: Practicing in Alaska without an Alaska license or proper pro hac vice admission

RPC 5.5 prohibits practicing law in Alaska without being licensed in Alaska or admitted pro hac vice by an Alaska court.

Question 103: Alaska's rule against perpetuities has been modified by statute to what standard?

A 90-year wait-and-see period under the Uniform Statutory Rule (Correct answer)
The common law rule (lives in being plus 21 years)
A 21-year flat period
Perpetuities are abolished entirely

Correct answer: A 90-year wait-and-see period under the Uniform Statutory Rule

Alaska adopted the Uniform Statutory Rule Against Perpetuities, providing a 90-year wait-and-see period to validate interests.

Question 104: Consequential damages in contract law are recoverable only if they were:

The direct and immediate result of any breach
Specifically enumerated in the contract
Proven by expert testimony at trial
Foreseeable at the time of contracting (Correct answer)

Correct answer: Foreseeable at the time of contracting

Under the Hadley v. Baxendale rule, consequential damages are recoverable only if they were foreseeable to the breaching party at the time the contract was formed.

Question 105: What is the minimum number of jurors required for a civil jury verdict in Alaska?

9
10
6 (Correct answer)
12

Correct answer: 6

Alaska civil juries consist of six jurors, and a five-sixths verdict (five of six) is sufficient for judgment.

Question 106: The Alaska Supreme Court has how many justices under the state constitution?

Three
Nine
Five (Correct answer)
Seven

Correct answer: Five

The Alaska Supreme Court consists of five justices, including a Chief Justice.

Question 107: Liquidated damages clauses are enforceable in Alaska when:

They are designed to punish the breaching party severely
They exceed actual damages by at least 50%
Damages were difficult to estimate and the amount is a reasonable forecast of actual harm (Correct answer)
The parties agree to them after the breach occurs

Correct answer: Damages were difficult to estimate and the amount is a reasonable forecast of actual harm

Liquidated damages clauses are enforceable when actual damages were difficult to estimate at contract formation and the stipulated amount represents a reasonable forecast of compensatory damages, not a penalty.

Question 108: Which remedy compels a party to perform their specific contractual obligations rather than paying money damages?

Consequential damages
Liquidated damages
Compensatory damages
Specific performance (Correct answer)

Correct answer: Specific performance

Specific performance is an equitable remedy that orders a party to actually perform their contractual duties, typically granted when monetary damages are inadequate to compensate the non-breaching party.

Question 109: What elements are required for adverse possession in Alaska?

Actual, open, notorious, exclusive, hostile, and continuous for statutory period (Correct answer)
Actual and continuous only
Open and notorious only
Written claim and continuous use

Correct answer: Actual, open, notorious, exclusive, hostile, and continuous for statutory period

Alaska requires actual, open, notorious, exclusive, hostile (under claim of right), and continuous possession for the statutory 10-year period.

Question 110: Under Alaska's recording act, what type of statute protects a subsequent bona fide purchaser?

Pure notice statute
Race statute
Race-notice statute (Correct answer)
Notice statute

Correct answer: Race-notice statute

Alaska follows a race-notice recording act, protecting subsequent purchasers who record first without notice of a prior unrecorded interest.

Question 111: What type of deed provides the greatest protection to a buyer in Alaska?

Special warranty deed
General warranty deed (Correct answer)
Bargain and sale deed
Quitclaim deed

Correct answer: General warranty deed

A general warranty deed provides the most buyer protection, with the grantor warranting title against all claims including those arising before the grantor's ownership.

Question 112: What is Alaska's court rule governing discovery of electronically stored information (ESI)?

Alaska Rule 26(b)(1) (Correct answer)
Alaska Rule 45
Alaska Rule 16
Alaska Rule 34

Correct answer: Alaska Rule 26(b)(1)

Alaska Rule 26(b)(1) covers the scope of discovery including electronically stored information.

Question 113: Under the parol evidence rule, extrinsic evidence of prior or contemporaneous agreements is generally inadmissible to:

Explain an ambiguous term in the written contract
Establish the existence of a condition precedent to the contract
Show fraud in the inducement of the contract
Contradict or vary the express terms of a fully integrated written agreement (Correct answer)

Correct answer: Contradict or vary the express terms of a fully integrated written agreement

The parol evidence rule bars extrinsic evidence of prior or contemporaneous agreements offered to contradict or vary the express terms of a fully integrated written contract.

Question 114: What does the Alaska Constitution require regarding the state's natural resources?

They must be preserved untouched
They must be federally managed
They must be utilized, developed, and maintained for the maximum benefit of the people (Correct answer)
They must be sold to private parties

Correct answer: They must be utilized, developed, and maintained for the maximum benefit of the people

Article VIII, Section 2 requires that Alaska's natural resources be managed for the maximum benefit of its people.

Question 115: Under Alaska law, a landlord must return a residential security deposit within how many days after tenancy ends?

60 days
14 days
30 days (Correct answer)
45 days

Correct answer: 30 days

AS 34.03.070 requires landlords to return security deposits or provide written accounting within 14 days after the tenant vacates.

Question 116: What does Article IX of the Alaska Constitution primarily address?

Judicial Branch
Finance and Taxation (Correct answer)
Natural Resources
Education

Correct answer: Finance and Taxation

Article IX of the Alaska Constitution governs finance and taxation, including the state's fiscal framework.

Question 117: Alaska's long-arm statute permits personal jurisdiction over out-of-state defendants when?

When they have minimum contacts with Alaska consistent with due process (Correct answer)
Only when the contract specifies Alaska law
Always, regardless of contacts
Only when they reside in Alaska

Correct answer: When they have minimum contacts with Alaska consistent with due process

AS 09.05.015 extends jurisdiction to the limits of constitutional due process, requiring minimum contacts with Alaska.

Question 118: What rule governs class action lawsuits in Alaska state courts?

Alaska Rule 42
Alaska Rule 19
Alaska Rule 20
Alaska Rule 23 (Correct answer)

Correct answer: Alaska Rule 23

Alaska Rule of Civil Procedure 23 governs class actions, largely mirroring its federal counterpart.

Question 119: Under Alaska RPC 1.5, which of the following fee arrangements is prohibited?

Contingency fees in civil personal injury cases
Hourly fees
Flat fees
Contingency fees in criminal defense cases (Correct answer)

Correct answer: Contingency fees in criminal defense cases

Alaska RPC 1.5(d) prohibits contingency fee arrangements in criminal defense matters and certain domestic relations cases.

Question 120: Which of the following conditions may qualify a candidate for special accommodations on the Alaska Bar Exam?

Temporary injuries
Mental health conditions (Correct answer)
Learning disabilities (Correct answer)
Physical disabilities (Correct answer)

Correct answer: Mental health conditions

Physical disabilities are among the conditions that may qualify a candidate for special accommodations on the Alaska Bar Exam under the Americans with Disabilities Act (ADA). Accommodations are designed to mitigate the impact of a disability, providing an equitable testing environment. Other qualifying conditions can include learning disabilities, ADHD, and certain mental health conditions, provided they are properly documented.

Question 121: What is Alaska's discovery rule for statutes of limitations in latent injury cases?

The clock runs from the date of diagnosis only
The clock runs from the date of the negligent act
There is no discovery rule in Alaska
The clock runs when the plaintiff discovers or reasonably should discover the injury (Correct answer)

Correct answer: The clock runs when the plaintiff discovers or reasonably should discover the injury

Alaska follows the discovery rule, tolling the statute of limitations until the plaintiff knew or reasonably should have known of the injury and its cause.

Question 122: Alaska classifies felonies into how many categories?

Three (A, B, and C)
Two (A and B)
Four (A, B, C, and unclassified) (Correct answer)
Five

Correct answer: Four (A, B, C, and unclassified)

Alaska classifies felonies as unclassified, Class A, Class B, and Class C, with unclassified being the most serious.

Question 123: In Alaska, which crime is defined as unlawfully entering or remaining in a building with intent to commit a crime?

Trespass
Robbery
Burglary (Correct answer)
Larceny

Correct answer: Burglary

AS 11.46.300-310 defines burglary as unlawfully entering or remaining in a building with intent to commit a crime inside.

Question 124: How often must the Alaska legislature submit a constitutional convention question to voters?

Every 5 years
Every 15 years
Every 20 years
Every 10 years (Correct answer)

Correct answer: Every 10 years

Under Article XIII, Section 3, voters must be asked every ten years whether to call a constitutional convention.

Question 125: Alaska's felony murder rule holds a defendant liable for murder when?

When any co-participant commits any crime
When they commit or attempt to commit certain dangerous felonies and someone dies (Correct answer)
Only if they planned the killing
Only if they personally killed the victim

Correct answer: When they commit or attempt to commit certain dangerous felonies and someone dies

AS 11.41.110 imposes felony murder liability when death results during the commission or attempt of specified inherently dangerous felonies.

Question 126: In Alaska, which of the following transactions is governed by UCC Article 2?

A contract for the sale of 500 industrial widgets (Correct answer)
A contract for the purchase and sale of a residential house
A commercial real estate lease agreement
A contract retaining an attorney for legal services

Correct answer: A contract for the sale of 500 industrial widgets

UCC Article 2 governs contracts for the sale of goods, which are tangible movable items; it does not apply to real estate transactions, service contracts, or leases of real property.

Question 127: Under Alaska law, a prescriptive easement requires what period of use?

20 years
7 years
10 years (Correct answer)
5 years

Correct answer: 10 years

A prescriptive easement in Alaska requires open, notorious, continuous, and adverse use for 10 years, mirroring the adverse possession period.

Question 128: In Alaska, post-judgment interest on civil judgments accrues at what rate?

Federal funds rate
10% per annum
Prime rate plus 3%
3.75% per annum or rate set by court rule (Correct answer)

Correct answer: 3.75% per annum or rate set by court rule

AS 09.30.070 sets post-judgment interest at 3.75% per year or the rate established by applicable court rule.

Question 129: Which of the following best describes 'promissory estoppel' as a basis for enforcing a promise?

A defense available only to merchants under the UCC
A type of fraud used to void a contract
A method to extend the Statute of Frauds period
A substitute for consideration when a promise induces detrimental reliance (Correct answer)

Correct answer: A substitute for consideration when a promise induces detrimental reliance

Promissory estoppel enforces a promise without consideration when the promisor should reasonably expect reliance, the promisee detrimentally relies, and injustice can only be avoided through enforcement.

Question 130: Under the Alaska Constitution, what is the minimum age to serve as Governor?

30 (Correct answer)
25
35
40

Correct answer: 30

Article III, Section 2 requires the Governor to be at least 30 years old.

Question 131: Which of the following is a valid defense to enforcement of an otherwise valid contract under Alaska law?

The consideration was minimal but genuinely present
One party negotiated a particularly favorable deal
One party would have preferred different terms
The contract is unconscionable (Correct answer)

Correct answer: The contract is unconscionable

Unconscionability is a valid defense when a contract is so oppressively one-sided, formed under circumstances of unequal bargaining power, that enforcement would be fundamentally unjust.

Alaska Bar Exam (Uniform Bar Examination — MBE Component)

The Alaska Bar Exam uses the Uniform Bar Examination (UBE) format, with the Multistate Bar Examination (MBE) comprising 200 multiple-choice questions across 7 core legal subjects. A minimum UBE score of 270 out of 400 is required to pass in Alaska.

200

Questions

360 min

Time Limit

68%

To Pass

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