Alaska Bar Exam (Uniform Bar Examination โ MBE Component) โ Questions and Answers
Question 1: 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)
- Passing the Multistate Professional Responsibility Examination (MPRE) (Correct answer)
- Residency in Alaska
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 2: 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
- 12 hours
- 24 hours (Correct answer)
- 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 3: In Alaska, post-judgment interest on civil judgments accrues at what rate?
- 3.75% per annum or rate set by court rule (Correct answer)
- Federal funds rate
- 10% per annum
- Prime rate plus 3%
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 4: How often must the Alaska legislature submit a constitutional convention question to voters?
- Every 5 years
- Every 15 years
- Every 10 years (Correct answer)
- Every 20 years
Correct answer: Every 10 years
Under Article XIII, Section 3, voters must be asked every ten years whether to call a constitutional convention.
Question 5: What search exception allows Alaska officers to search a vehicle incident to a lawful arrest?
- Plain view doctrine
- Community caretaking
- Search incident to arrest limited to areas within arrestee's reach (Correct answer)
- Exigent circumstances
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 6: What is the primary sanction for an attorney who misappropriates client funds in Alaska?
- Public reprimand
- Disbarment (Correct answer)
- Fine only
- 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 7: What is Alaska's discovery rule for statutes of limitations in latent injury cases?
- The clock runs when the plaintiff discovers or reasonably should discover the injury (Correct answer)
- The clock runs from the date of diagnosis only
- There is no discovery rule in Alaska
- The clock runs from the date of the negligent act
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 8: Which of the following are examples of accommodations that may be provided during the Alaska Bar Exam?
- Extra time to complete the exam (Correct answer)
- Large-print exam materials (Correct answer)
- An alternate exam format (e.g., oral exam)
- A separate testing room (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 9: The 'perfect tender rule' under UCC Article 2 (ยง 2-601) allows a buyer to reject goods if:
- The price substantially exceeds fair market value
- The goods or tender of delivery fail to conform in any respect (Correct answer)
- The defect is material to the contract's central purpose
- Delivery is made by a different carrier than the one specified
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 10: What does the Alaska Constitution require regarding the state's natural resources?
- They must be utilized, developed, and maintained for the maximum benefit of the people (Correct answer)
- They must be preserved untouched
- They must be sold to private parties
- They must be federally managed
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 11: What type of deed provides the greatest protection to a buyer in Alaska?
- Special warranty deed
- General warranty deed (Correct answer)
- Quitclaim deed
- Bargain and sale 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 12: 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 13: The implied warranty of merchantability under UCC Article 2 requires that goods:
- Be fit for the ordinary purposes for which such goods are used (Correct answer)
- Be accompanied by a written guarantee from the seller
- Conform exactly to the buyer's individual specifications
- Be of the highest quality available on the market
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 14: Under the Alaska Rules of Civil Procedure, a defendant must serve an answer to a complaint within how many days?
- 21 days (Correct answer)
- 14 days
- 30 days
- 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 15: Under the Alaska Constitution, how many branches of state government are established?
- Three (Correct answer)
- Two
- Four
- Five
Correct answer: Three
The Alaska Constitution establishes three branches: executive, legislative, and judicial.
Question 16: Consequential damages in contract law are recoverable only if they were:
- Foreseeable at the time of contracting (Correct answer)
- Proven by expert testimony at trial
- Specifically enumerated in the contract
- The direct and immediate result of any breach
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 17: Under Alaska Civil Rule 12(b), which defense must be raised in the first responsive pleading or it is waived?
- Lack of subject matter jurisdiction
- Failure to state a claim
- Res judicata
- 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 18: In Alaska, what is the minimum sentence for a first offense felony DUI?
- 72 hours imprisonment (Correct answer)
- No mandatory minimum
- 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 19: Alaska's attorney fee rule (Rule 82) awards fees based on what principle?
- Full indemnity fees always
- Fees are awarded to the prevailing party on a scheduled percentage basis (Correct answer)
- Each party always bears its own fees
- Fees only in bad faith cases
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 20: A lawyer who receives documents inadvertently sent by opposing counsel must?
- Immediately review and use them
- Promptly notify opposing counsel and follow their instructions
- Destroy them immediately
- Retain and use them without disclosure (Correct answer)
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 21: After appointment, Alaska Supreme Court justices face voters in what type of election?
- Contested nonpartisan election
- Contested partisan election
- Retention election (Correct answer)
- No election required
Correct answer: Retention election
Alaska Supreme Court justices face retention elections where voters decide yes or no on keeping them in office.
Question 22: 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 23: Alaska's Uniform Residential Landlord Tenant Act requires landlords to maintain rental property in what condition?
- Only weatherproofed
- Only structurally sound
- 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 24: 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 contract retaining an attorney for legal services
- A commercial real estate lease agreement
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 25: Under Alaska RPC 1.16, an attorney must withdraw from representation when?
- The client becomes difficult
- Continued representation would result in violation of the Rules of Professional Conduct (Correct answer)
- The attorney is not being paid promptly
- The case becomes complex
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 26: Alaska recognizes which of the following forms of co-ownership that includes a right of survivorship?
- Tenancy in common
- Tenancy in common only
- Tenancy by the entireties only
- Joint tenancy with right of survivorship (Correct answer)
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 27: Under Alaska law, a prescriptive easement requires what period of use?
- 7 years
- 20 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 28: Alaska classifies felonies into how many categories?
- Four (A, B, C, and unclassified) (Correct answer)
- Two (A and B)
- Three (A, B, and C)
- 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 29: Under Alaska law, a landlord must return a residential security deposit within how many days after tenancy ends?
- 60 days
- 30 days (Correct answer)
- 14 days
- 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 30: In Alaska, first-degree assault requires what level of harm?
- Serious physical injury (Correct answer)
- Bodily injury
- Emotional harm only
- Any physical contact
Correct answer: Serious physical injury
AS 11.41.200 defines first-degree assault as causing serious physical injury to another person intentionally.
Alaska Bar Exam (Uniform Bar Examination โ 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.
Exam Rules
- You can skip questions and return to them later
- Flag questions for review before submitting
- No feedback shown until you submit the entire exam
- Unanswered questions count as wrong โ answer everything
- 10 pretest questions are mixed in and don't affect your score
- Timer auto-submits when time runs out
- Your progress is auto-saved every 30 seconds