Arkansas Bar Examination (UBE — MBE Component) — Questions and Answers

Question 1: Under Arkansas contract law, damages for breach are generally limited by the duty to:

Punish the breaching party
Renegotiate the contract
Seek equitable relief first
Mitigate losses (Correct answer)

Correct answer: Mitigate losses

The non-breaching party has a duty to mitigate damages by taking reasonable steps to minimize losses after the breach.

Question 2: Under Arkansas Rule 4.2, an attorney must obtain whose consent before communicating with a represented party?

The bar association
The trial judge
The opposing party directly
The opposing party's lawyer (Correct answer)

Correct answer: The opposing party's lawyer

Rule 4.2 prohibits direct communication with a represented person without consent of that person's lawyer.

Question 3: Under Arkansas law, service of process on a corporation may be accomplished by:

Publishing notice in a newspaper of general circulation
Mailing to any employee
Delivering the summons to the corporation's registered agent (Correct answer)
Posting notice on the courthouse door only

Correct answer: Delivering the summons to the corporation's registered agent

Service on a corporation is properly made by delivering the summons and complaint to the corporation's registered agent for service of process.

Question 4: A defendant who acts with knowledge that harmful consequences are substantially certain to result is acting with:

Intent (Correct answer)
Strict liability
Recklessness
Negligence

Correct answer: Intent

Under tort law, intent includes acting with substantial certainty that harmful consequences will result, not merely a desire to cause harm.

Question 5: Under the Commerce Clause, Congress has the power to regulate activities that:

Substantially affect interstate commerce, even if the activity itself is intrastate (Correct answer)
Occur only within a single state and have no economic effect
Are explicitly listed in the Constitution
Are approved by two-thirds of the states

Correct answer: Substantially affect interstate commerce, even if the activity itself is intrastate

Under Wickard v. Filburn and later cases, Congress may regulate intrastate activities that substantially affect interstate commerce.

Question 6: Under Arkansas Rule 7.1, lawyer advertising must NOT be:

Accompanied by the lawyer's photo
Distributed by mail
False or misleading (Correct answer)
Posted on a website

Correct answer: False or misleading

Rule 7.1 prohibits any communication about a lawyer's services that is false or misleading.

Question 7: Under the Arkansas Constitution's Amendment 68, which type of abortion is prohibited?

All abortions without exception
Public funding of abortions except to save the mother's life (Correct answer)
Abortions performed after 20 weeks
Abortions performed to save the life of the mother

Correct answer: Public funding of abortions except to save the mother's life

Arkansas Amendment 68 prohibits the use of public funds to pay for abortions except when necessary to save the life of the mother.

Question 8: Which element is required to establish the tort of battery?

Words threatening imminent harmful contact
Harmful or offensive contact with the plaintiff's person (Correct answer)
Unreasonable interference with the plaintiff's use of property
Publication of false statements of fact to a third party

Correct answer: Harmful or offensive contact with the plaintiff's person

Battery requires an intentional act resulting in harmful or offensive contact with the plaintiff's person without consent.

Question 9: Which of the following applicants is not eligible to take the Arkansas Bar Exam?

An applicant who has passed the MPRE with a score of 85 and has a JD from a non-ABA accredited law school. (Correct answer)
An applicant who has completed a JD from an ABA-accredited law school and passed the MPRE with a score of 95.
A graduate of an ABA-accredited law school who has not yet taken the MPRE.
An applicant who graduated from an ABA-accredited law school 10 years ago and has passed the MPRE.

Correct answer: An applicant who has passed the MPRE with a score of 85 and has a JD from a non-ABA accredited law school.

A fundamental requirement for eligibility to take the Arkansas Bar Exam is possessing a Juris Doctor (JD) degree from an American Bar Association (ABA)-accredited law school. Therefore, an applicant with a JD from a non-ABA accredited institution, regardless of their MPRE score, would not meet the educational prerequisites for the Arkansas Bar.

Question 10: Under Arkansas Rule of Evidence 404(b), evidence of prior bad acts may be admissible to prove:

Character to show the defendant acted in conformity therewith
Only prior convictions, not arrests
Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (Correct answer)
The defendant's general reputation in the community

Correct answer: Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Rule 404(b) prohibits prior bad acts to prove propensity but allows them to prove motive, intent, plan, knowledge, identity, or absence of mistake or accident.

Question 11: Under Arkansas Code § 5-2-605, self-defense justifies deadly force only when:

The defendant reasonably believed deadly force was necessary to prevent death or serious physical injury (Correct answer)
The defendant was the initial aggressor
The defendant attempted to flee first
The property at risk exceeded $1,000 in value

Correct answer: The defendant reasonably believed deadly force was necessary to prevent death or serious physical injury

Deadly force in self-defense is justified under Arkansas law when the defendant reasonably believes it is necessary to prevent death or serious physical injury.

Question 12: Under Arkansas law, 'breaking and entering' differs from burglary primarily because burglary requires:

Entry through a window
Daytime entry
A monetary threshold for stolen property
Unlawful entry with the purpose to commit a felony or misdemeanor therein (Correct answer)

Correct answer: Unlawful entry with the purpose to commit a felony or misdemeanor therein

Arkansas burglary requires unlawful entry into a residential or commercial occupiable structure with the purpose of committing a crime inside.

Question 13: Under the Arkansas Fourth Amendment framework, a warrantless search of an automobile is permissible based on:

The driver's presence in a high-crime area
Probable cause that the vehicle contains evidence of a crime (Correct answer)
Reasonable suspicion only
A police officer's hunch

Correct answer: Probable cause that the vehicle contains evidence of a crime

The automobile exception allows a warrantless search when officers have probable cause to believe the vehicle contains contraband or evidence of a crime.

Question 14: Under Arkansas law, liquidated damages clauses are enforceable if they:

Are agreed to after the breach occurs
Are set at an amount higher than actual losses suffered
Represent a reasonable estimate of actual damages at the time of contracting (Correct answer)
Constitute a penalty designed to punish the breaching party

Correct answer: Represent a reasonable estimate of actual damages at the time of contracting

Liquidated damages are enforceable in Arkansas when they represent a reasonable forecast of actual harm and actual damages are difficult to estimate.

Question 15: Under Arkansas Rule of Evidence 803(6), a business record is admissible as an exception to hearsay if it was made:

In the regular course of business at or near the time of the event by someone with personal knowledge (Correct answer)
By a government official only
Only if authenticated by the court
After the lawsuit was filed

Correct answer: In the regular course of business at or near the time of the event by someone with personal knowledge

The business records exception requires the record to be made near the time of the event by someone with personal knowledge, in the regular course of a business activity.

Question 16: Which contract defense excuses performance in Arkansas when an unforeseen event makes performance impractical, not just more expensive?

Commercial impracticability (Correct answer)
Duress
Misrepresentation
Accord and satisfaction

Correct answer: Commercial impracticability

Commercial impracticability excuses performance when an unforeseeable event makes performance impractical, even if not literally impossible.

Question 17: Under Arkansas law, a contract formed under duress is:

Automatically reformed by the court
Void ab initio
Voidable at the election of the coerced party (Correct answer)
Enforceable by the coercing party only

Correct answer: Voidable at the election of the coerced party

A contract formed under duress is voidable — the coerced party may rescind it, but it is not automatically void.

Question 18: Under the First Amendment as applied to Arkansas, which standard applies when a content-neutral regulation incidentally burdens speech?

No constitutional scrutiny applies
Rational basis review
Intermediate scrutiny (O'Brien test): the regulation must advance an important government interest unrelated to suppression of speech) (Correct answer)
Strict scrutiny

Correct answer: Intermediate scrutiny (O'Brien test): the regulation must advance an important government interest unrelated to suppression of speech)

Content-neutral regulations that incidentally burden speech are evaluated under intermediate scrutiny, requiring the government to show an important interest unrelated to suppressing speech.

Question 19: Under Arkansas Rule of Evidence 803(2), an excited utterance is admissible hearsay if:

Made by a medical professional
Made while the declarant was under the stress of excitement caused by a startling event (Correct answer)
Made at least one hour after the event
Recorded on video

Correct answer: Made while the declarant was under the stress of excitement caused by a startling event

The excited utterance exception requires a startling event and a statement made while the declarant was still under the excitement caused by that event.

Question 20: An Arkansas attorney wants to enter a business transaction with a client. Which condition must be met?

Only oral consent is required
The attorney may proceed if the transaction is under $10,000
The terms must be fair, disclosed in writing, the client must be advised to seek independent counsel, and the client must give informed written consent (Correct answer)
No special conditions; business dealings with clients are unrestricted

Correct answer: The terms must be fair, disclosed in writing, the client must be advised to seek independent counsel, and the client must give informed written consent

Rule 1.8 requires fair terms, written disclosure, advice to seek independent counsel, and informed written consent for attorney-client business transactions.

Question 21: Under Arkansas Rule of Evidence 702, expert testimony is admissible if:

The expert has a doctoral degree
The expert has testified in at least five prior cases
The expert is licensed in Arkansas
The expert's scientific or technical knowledge will help the trier of fact and the testimony is based on sufficient facts and reliable principles (Correct answer)

Correct answer: The expert's scientific or technical knowledge will help the trier of fact and the testimony is based on sufficient facts and reliable principles

Rule 702 requires that expert testimony be helpful to the fact-finder, based on sufficient facts or data, and the product of reliable principles and methods.

Question 22: Which of the following is not required to submit a complete application for the Arkansas Bar Exam?

A completed application form
Payment of the application fee
Passing the MPRE before submitting the bar exam application (Correct answer)
An official transcript showing a Juris Doctor (JD) degree from an ABA-accredited law school

Correct answer: Passing the MPRE before submitting the bar exam application

While passing the MPRE (Multistate Professional Responsibility Examination) is a requirement for admission to the Arkansas Bar, it is generally not required to be completed *before* submitting the initial bar exam application. Applicants typically have a later deadline to satisfy the MPRE requirement, often by the time bar exam results are released. The other options are standard components required for a complete application submission.

Question 23: What is the standard application deadline for the February administration of the Arkansas Bar Exam?

January 1
December 1 (Correct answer)
February 1
November 1

Correct answer: December 1

The standard application deadline for the February administration of the Arkansas Bar Exam is December 1 of the preceding year. This deadline is set by the Arkansas Supreme Court Committee on Professional Conduct to allow sufficient time for processing applications and conducting character and fitness investigations. Missing this date typically results in late fees or disqualification for that exam cycle.

Question 24: Under Arkansas Rule of Evidence 609, a prior felony conviction may be used to impeach a witness if:

The crime was any misdemeanor
The conviction is over 15 years old
The probative value of admitting the evidence outweighs its prejudicial effect to the defendant (Correct answer)
The crime was committed in another state

Correct answer: The probative value of admitting the evidence outweighs its prejudicial effect to the defendant

Prior felony convictions are admissible for impeachment subject to the Rule 403 balancing test, with special protection for criminal defendants.

Question 25: Under Arkansas law, robbery is distinguished from theft by the element of:

The use or threatened use of physical force against a person during the taking (Correct answer)
The time of day the offense occurs
The value of the property taken
Whether the victim was armed

Correct answer: The use or threatened use of physical force against a person during the taking

Robbery under Arkansas Code § 5-12-102 requires that the taking be accompanied by the use or threatened use of physical force against a person.

Question 26: A manufacturing defect in a products liability case is best described as:

A specific product unit that deviates from the manufacturer's intended design (Correct answer)
A product line whose overall design is inherently unsafe
Evidence that the plaintiff misused the product
Failure to provide adequate warnings about known product dangers

Correct answer: A specific product unit that deviates from the manufacturer's intended design

A manufacturing defect occurs when a specific product unit deviates from the manufacturer's intended design specifications, making that particular unit defective.

Question 27: What is the approximate application fee for the Arkansas Bar Exam if submitted by the standard deadline?

$500
$1,250
$1,000 (Correct answer)
$750

Correct answer: $1,000

The application fee for the Arkansas Bar Exam is set by the Arkansas Supreme Court Committee on Professional Conduct. As of recent information, the standard application fee is approximately $1,000. This fee covers the administrative costs associated with processing the application and administering the examination.

Question 28: In Arkansas, what is the general statute of limitations for a personal injury (tort) action?

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

Correct answer: 3 years

Arkansas Code § 16-56-105 establishes a 3-year statute of limitations for most personal injury (tort) actions.

Question 29: Under the Arkansas Statute of Frauds, which type of contract must be in writing to be enforceable?

A contract for the sale of real estate (Correct answer)
A contract between two merchants
A contract for the sale of goods worth $400
A service contract to be completed in 6 months

Correct answer: A contract for the sale of real estate

Contracts for the sale of real estate must be in writing to be enforceable under the Arkansas Statute of Frauds.

Question 30: In Arkansas civil litigation, how many interrogatories may a party serve on another party without leave of court?

25 (Correct answer)
Unlimited
30
20

Correct answer: 25

Arkansas Rule of Civil Procedure 33 limits a party to 25 interrogatories, including subparts, without leave of court.

Question 31: In Arkansas, the parol evidence rule generally prevents introduction of prior oral agreements to:

Show a condition precedent
Establish fraud in the inducement
Supplement a partially integrated written contract
Contradict the express terms of a fully integrated written contract (Correct answer)

Correct answer: Contradict the express terms of a fully integrated written contract

The parol evidence rule bars extrinsic evidence that contradicts the unambiguous terms of a fully integrated written contract.

Question 32: Which of the following statements is true regarding eligibility for the Arkansas Bar Exam?

Graduates of non-ABA accredited law schools are automatically eligible to take the exam.
There is no requirement for a law degree if you have significant legal experience.
Applicants must complete their JD within three years of applying for the exam.
Applicants must pass a character and fitness review. (Correct answer)

Correct answer: Applicants must pass a character and fitness review.

A crucial aspect of eligibility for the Arkansas Bar Exam and subsequent admission to the bar is passing a thorough character and fitness review. This process assesses an applicant's honesty, integrity, and overall suitability to practice law, ensuring they meet the ethical standards of the legal profession.

Question 33: Which of the following components contributes the most to the final UBE score in Arkansas?

Character and Fitness Review
Multistate Bar Examination (MBE) (Correct answer)
Multistate Essay Examination (MEE)
Multistate Performance Test (MPT)

Correct answer: Multistate Bar Examination (MBE)

The Multistate Bar Examination (MBE) contributes the most to the final UBE score in Arkansas. It is weighted at 50% of the total score, while the Multistate Essay Examination (MEE) accounts for 30% and the Multistate Performance Test (MPT) for 20%. This significant weighting makes the MBE a critical component for passing.

Question 34: What is the minimum passing score required on the Uniform Bar Examination (UBE) in Arkansas?

266 (Correct answer)
280
260
270

Correct answer: 266

To successfully pass the Uniform Bar Examination (UBE) in Arkansas and be eligible for admission to the bar, applicants must achieve a minimum scaled score of 266. This composite score is derived from the weighted results of the MBE, MEE, and MPT components.

Question 35: How much time is allotted for the Multistate Performance Test (MPT) portion of the Arkansas Bar Exam?

90 minutes
6 hours
3 hours (Correct answer)
4 hours

Correct answer: 3 hours

The Multistate Performance Test (MPT) is a practical component of the Arkansas Bar Exam, designed to assess an applicant's lawyering skills. For each MPT item, candidates are allotted 90 minutes. Since the UBE typically includes two MPT items, the total time allotted for the MPT portion is 3 hours.

Question 36: Under the Arkansas Rules of Civil Procedure, what is the general statute of limitations for filing a written contract claim?

3 years
1 year
5 years (Correct answer)
7 years

Correct answer: 5 years

Arkansas Code § 16-56-111 provides a 5-year statute of limitations for actions on written contracts.

Question 37: How many essays are included in the Multistate Essay Examination (MEE) portion of the Arkansas Bar Exam?

6 (Correct answer)
4
5
7

Correct answer: 6

The Multistate Essay Examination (MEE) is a component of the Arkansas Bar Exam, which is part of the UBE. This section requires applicants to answer six essay questions. These essays test an applicant's ability to analyze legal issues and present well-reasoned arguments across various subject areas.

Question 38: Under Arkansas criminal law, what constitutes 'serious physical injury' for enhancement purposes?

Any bruising or soreness
Injury resulting in emotional distress
Any injury requiring a doctor's visit
Physical injury that creates a substantial risk of death or causes permanent disfigurement or protracted loss of a body organ (Correct answer)

Correct answer: Physical injury that creates a substantial risk of death or causes permanent disfigurement or protracted loss of a body organ

Serious physical injury under Arkansas Code § 5-1-102 means injury creating a substantial risk of death or causing permanent disfigurement or protracted loss or impairment of a body part.

Question 39: Under the Arkansas Uniform Controlled Substances Act, possession of a Schedule I controlled substance with intent to deliver is classified as:

A civil infraction
A Class C felony at minimum, increasing with quantity (Correct answer)
A Class A misdemeanor
A Class B misdemeanor

Correct answer: A Class C felony at minimum, increasing with quantity

Possession with intent to deliver a Schedule I controlled substance is a Class C felony at minimum under Arkansas law, with the classification increasing based on quantity.

Question 40: Which doctrine allows an Arkansas court to refuse enforcement of a contract that is shockingly unfair at the time it was formed?

Impossibility
Unconscionability (Correct answer)
Frustration of purpose
Promissory estoppel

Correct answer: Unconscionability

The doctrine of unconscionability allows courts to refuse to enforce contracts that are oppressively unfair at the time of formation.

Question 41: How is the UBE score calculated for Arkansas Bar Exam candidates?

Only the MBE score is considered for passing.
The MBE and MEE scores are averaged to determine the final score.
The MBE, MEE, and MPT scores are combined and scaled to a total score out of 400. (Correct answer)
The highest score between the MBE and the written portion is used to determine passing.

Correct answer: The MBE, MEE, and MPT scores are combined and scaled to a total score out of 400.

In Arkansas, as a UBE jurisdiction, the final bar exam score is a composite. The raw scores from the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and Multistate Performance Test (MPT) are combined and then scaled to a total score out of 400. This scaled score is then compared against the minimum passing score of 266.

Question 42: Under Arkansas double jeopardy protections, a defendant acquitted of a charge may NOT be:

Charged with a different offense arising from the same conduct
Subpoenaed as a witness in a related case
Retried for the same offense in the same jurisdiction (Correct answer)
Sued civilly for the same conduct

Correct answer: Retried for the same offense in the same jurisdiction

The Double Jeopardy Clause bars retrial after acquittal for the same offense — an acquittal is final and unreviewable.

Question 43: Under Arkansas Rule 1.6, which disclosure of client confidential information is PERMITTED without client consent?

To satisfy personal curiosity about a case
To gain a fee advantage in billing disputes
To share with marketing partners
To prevent reasonably certain death or substantial bodily harm (Correct answer)

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

Rule 1.6 permits disclosure to prevent reasonably certain death or substantial bodily harm as a recognized exception to confidentiality.

Question 44: Which of the following steps must be completed after passing the Arkansas Bar Exam but before being admitted to practice law?

Submit an additional application form
Attend a swearing-in ceremony (Correct answer)
Retake the Multistate Bar Examination (MBE)
Complete a mandatory law clerkship

Correct answer: Attend a swearing-in ceremony

After successfully passing the Arkansas Bar Exam and fulfilling all character and fitness requirements, candidates must attend a formal swearing-in ceremony to be officially admitted to practice law in Arkansas. This ceremony is where the oath of attorney is administered, marking the final step in becoming a licensed attorney. The other options are either incorrect or not universally required post-exam.

Question 45: If an applicant scores 130 on the MBE portion of the UBE, what additional score is required on the written portions (MEE and MPT combined) to pass the Arkansas Bar Exam?

150
140
130
136 (Correct answer)

Correct answer: 136

The Arkansas UBE requires a minimum total scaled score of 266. The MBE accounts for 50% of this score, and the written portions (MEE and MPT combined) account for the other 50%. If an applicant scores 130 on the MBE, they would need an additional 136 on the written portions to reach the passing threshold of 266.

Question 46: Under Arkansas law, which of the following is NOT a required element of criminal conspiracy?

A purpose to commit an offense
Commission of the completed offense (Correct answer)
An overt act in furtherance of the conspiracy in some cases
An agreement between two or more persons

Correct answer: Commission of the completed offense

Conspiracy is an inchoate offense — the actual commission of the target offense is not required; the agreement and an overt act (where required) are sufficient.

Question 47: Under Arkansas law, when may a party appeal a circuit court judgment to the Arkansas Court of Appeals?

Only after a jury trial
Only with the trial judge's permission
Any time during the litigation
From a final judgment or an order that is specifically designated as appealable (Correct answer)

Correct answer: From a final judgment or an order that is specifically designated as appealable

Appeals lie from final judgments and from certain interlocutory orders specifically designated by rule or statute as appealable.

Question 48: Under Arkansas law, a third-party beneficiary has enforceable rights when the contracting parties intend to:

Delegate duties to the third party
Directly benefit the third party under the contract (Correct answer)
Assign their rights to the third party after formation
Incidentally benefit the third party

Correct answer: Directly benefit the third party under the contract

An intended beneficiary — one the parties deliberately meant to benefit — has enforceable contract rights; an incidental beneficiary does not.

Question 49: Under Arkansas contract law, which element is NOT required to form a valid contract?

Offer
Acceptance
Consideration
Writing (Correct answer)

Correct answer: Writing

A writing is not required for most contracts; oral contracts are generally enforceable in Arkansas unless the Statute of Frauds applies.

Question 50: Which of the following is NOT a recognized defense to an intentional tort claim?

Consent
Self-defense
Contributory negligence (Correct answer)
Public necessity

Correct answer: Contributory negligence

Contributory negligence is a defense to negligence claims, not intentional torts; recognized defenses to intentional torts include consent, self-defense, defense of others, and necessity.

Question 51: What is the minimum passing score for the MPRE that is required for admission to the Arkansas Bar?

85 (Correct answer)
75
90
80

Correct answer: 85

For admission to the Arkansas Bar, applicants are required to pass the Multistate Professional Responsibility Examination (MPRE). The minimum passing score established by the Arkansas Board of Law Examiners for the MPRE is 85. This exam assesses an applicant's knowledge of ethical standards for lawyers.

Question 52: In an Arkansas civil case, a defendant must file an answer within how many days of being served, absent extension?

20 days
30 days (Correct answer)
10 days
45 days

Correct answer: 30 days

Under Arkansas Rule of Civil Procedure 12(a), a defendant generally has 30 days after service of the summons and complaint to file an answer.

Question 53: Under Arkansas Rule of Evidence 804(b)(2), a dying declaration is admissible in a civil case if the declarant:

Made the statement in writing
Has since recovered and is available to testify
Made the statement to a doctor only
Believed death was imminent and the statement concerned the cause or circumstances of that death (Correct answer)

Correct answer: Believed death was imminent and the statement concerned the cause or circumstances of that death

The dying declaration exception requires the declarant's belief in imminent death and a statement about the cause or circumstances of that anticipated death.

Question 54: Under Arkansas Rule of Civil Procedure 55, a default judgment may be entered against a defendant who:

Fails to plead or otherwise defend within the required time (Correct answer)
Files a counterclaim
Settles the case out of court
Disagrees with the complaint

Correct answer: Fails to plead or otherwise defend within the required time

Default may be entered when a party required to plead or defend fails to do so within the time prescribed by the rules.

Question 55: Under New York Times v. Sullivan, a public figure suing for defamation must prove:

The defendant was negligent in publishing the false statement
Special damages resulting from the publication
Publication of the false statement to more than one third party
Actual malice—knowledge of falsity or reckless disregard for truth (Correct answer)

Correct answer: Actual malice—knowledge of falsity or reckless disregard for truth

Under New York Times v. Sullivan, a public figure must prove actual malice—that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

Question 56: Which type of contractual mistake may void a contract in Arkansas when both parties share the same erroneous belief about a material fact?

Mistake of law
Scrivener's error only
Unilateral mistake
Mutual mistake (Correct answer)

Correct answer: Mutual mistake

A mutual mistake about a material fact that goes to the essence of the agreement may allow rescission of the contract.

Question 57: Under Arkansas Rule of Evidence 401, relevant evidence is evidence that:

Conclusively proves a fact
Has any tendency to make a fact of consequence more or less probable than it would be without the evidence (Correct answer)
Has been authenticated by both parties
Is admitted by stipulation

Correct answer: Has any tendency to make a fact of consequence more or less probable than it would be without the evidence

Relevance under Rule 401 is a low threshold — any tendency to make a consequential fact more or less probable qualifies.

Question 58: Under the Arkansas Constitution, how many members compose the Arkansas House of Representatives?

75
100 (Correct answer)
135
35

Correct answer: 100

The Arkansas House of Representatives has 100 members, each serving two-year terms.

Question 59: Under the Arkansas long-arm statute, an Arkansas court may exercise personal jurisdiction over a nonresident defendant who:

Is served anywhere in the country
Has any social media followers in Arkansas
Has caused tortious injury in Arkansas or transacted business in Arkansas (Correct answer)
Is a U.S. citizen

Correct answer: Has caused tortious injury in Arkansas or transacted business in Arkansas

Arkansas's long-arm statute permits jurisdiction over nonresidents who cause tortious injury in the state or who transact business within Arkansas.

Question 60: An Arkansas attorney is approached by a prospective client but declines to represent them. Is the information from that initial consultation confidential?

No, because no attorney-client relationship was formed
Only if the attorney was paid a consultation fee
Yes, prospective client communications are protected under Rule 1.18 (Correct answer)
Only if the client signs a confidentiality agreement

Correct answer: Yes, prospective client communications are protected under Rule 1.18

Rule 1.18 extends confidentiality protections to information shared by prospective clients even when no representation results.

Question 61: Under Arkansas law, a property owner may use which level of force to defend property from trespass?

Unlimited force including deadly force to protect the home
No force whatsoever, only legal remedies are available
Reasonable non-deadly force proportionate to the threat (Correct answer)
Deadly force whenever the trespasser refuses to leave

Correct answer: Reasonable non-deadly force proportionate to the threat

A landowner may use reasonable, non-deadly force to protect property, but deadly force is not justified solely to protect property interests.

Question 62: Which body administers attorney discipline in Arkansas?

The Arkansas Circuit Courts
The Supreme Court of Arkansas through the Office of Professional Conduct (Correct answer)
The Arkansas State Bar Association
The Arkansas Attorney General's Office

Correct answer: The Supreme Court of Arkansas through the Office of Professional Conduct

Attorney discipline in Arkansas is administered by the Supreme Court of Arkansas through its Office of Professional Conduct.

Question 63: Res ipsa loquitur permits an inference of negligence when:

Multiple defendants all had the opportunity to cause harm
The defendant admits to being careless in their operations
The injury is of a type that ordinarily would not occur without negligence and was in the defendant's control (Correct answer)
Expert testimony establishing the standard of care is unavailable

Correct answer: The injury is of a type that ordinarily would not occur without negligence and was in the defendant's control

Res ipsa loquitur allows an inference of negligence when the accident is of a type that ordinarily would not occur without negligence and the instrumentality was in the defendant's exclusive control.

Question 64: Under Arkansas Rule of Civil Procedure 11, sanctions for a frivolous filing may include:

Automatic appeal rights
Only a public reprimand of counsel
Criminal contempt only
Attorney's fees and other appropriate sanctions (Correct answer)

Correct answer: Attorney's fees and other appropriate sanctions

Rule 11 authorizes the court to impose sanctions, including attorney's fees, for pleadings filed without reasonable basis in fact or law.

Question 65: Under Arkansas Rule 1.16, an attorney MUST withdraw from representation if:

The client refuses to pay a single invoice
Continued representation would result in violation of the Rules of Professional Conduct (Correct answer)
The client instructs the attorney to pursue a frivolous claim
The case becomes too complex

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

Mandatory withdrawal is required when continuing the representation would require violating the Rules of Professional Conduct or other law.

Question 66: Under the Fourth Amendment, the exclusionary rule provides that evidence obtained through an illegal search:

Is admissible if the prosecution shows good faith
May be used only for impeachment purposes freely
Must be admitted if it is reliable
Is generally inadmissible against the defendant whose rights were violated (Correct answer)

Correct answer: Is generally inadmissible against the defendant whose rights were violated

The exclusionary rule bars admission of evidence obtained in violation of the Fourth Amendment, serving as a deterrent against unconstitutional police conduct.

Question 67: Under Arkansas Rule of Civil Procedure 12(b), a motion to dismiss for failure to state a claim must be filed:

Any time before trial
Only after summary judgment is denied
Within the time allowed for filing an answer or by motion before pleading (Correct answer)
Before any discovery

Correct answer: Within the time allowed for filing an answer or by motion before pleading

A Rule 12(b)(6) motion must be made before pleading if a responsive pleading is allowed, or within the time to answer.

Question 68: Which of the following methods of confinement can establish false imprisonment?

Refusing to provide assistance to someone in danger
Physical barriers preventing escape (Correct answer)
Threats of harm to occur in the future only
Moral pressure alone without any physical element

Correct answer: Physical barriers preventing escape

False imprisonment can be accomplished through physical barriers, physical force, threats of immediate harm, or invalid assertion of legal authority, but not through moral pressure or a refusal to assist.

Question 69: The Arkansas Constitution of 1874 provides that the Governor serves a term of:

8 years
6 years
4 years (Correct answer)
2 years

Correct answer: 4 years

The Arkansas Governor serves a four-year term under the Arkansas Constitution, with a two-consecutive-term limit.

Question 70: Negligence per se substitutes the breach element when a defendant violates:

A statute designed to protect against the type of harm suffered by the plaintiff (Correct answer)
A contractual provision owed to the plaintiff
General industry customs and practices
A common law reasonable person standard

Correct answer: A statute designed to protect against the type of harm suffered by the plaintiff

Negligence per se applies when a defendant violates a statute designed to protect a class of persons that includes the plaintiff from the type of harm that occurred, establishing breach as a matter of law.

Question 71: The Establishment Clause of the First Amendment, as applied to Arkansas, prohibits:

Religious organizations from owning property
Government action that endorses, advances, or entangles government with a particular religion (Correct answer)
Religious speech in public parks
Individuals from practicing religion in public

Correct answer: Government action that endorses, advances, or entangles government with a particular religion

The Establishment Clause bars government endorsement of or excessive entanglement with religion, requiring government neutrality toward religious matters.

Question 72: When is the typical deadline for late applications for the July Arkansas Bar Exam?

June 1
June 15
May 15 (Correct answer)
April 15

Correct answer: May 15

For the July administration of the Arkansas Bar Exam, the typical deadline for late applications is May 15. This allows candidates who missed the standard application deadline (usually March 1) to still apply, although a significant late fee is typically imposed. It's crucial for applicants to be aware of both the standard and late deadlines.

Question 73: Under Arkansas Rule of Evidence 701, lay witness opinion testimony is admissible if it is:

Made under oath only in depositions
Based on scientific data
Supported by expert reports
Rationally based on the witness's own perception and helpful to the trier of fact (Correct answer)

Correct answer: Rationally based on the witness's own perception and helpful to the trier of fact

Lay opinion under Rule 701 must be rationally based on the witness's firsthand perception and helpful in understanding the testimony or a fact in issue.

Question 74: Strict liability for abnormally dangerous activities is imposed regardless of:

The plaintiff's status as invitee, licensee, or trespasser
The degree of care exercised by the defendant (Correct answer)
Whether actual harm occurred to the plaintiff
Whether the activity violated a statute

Correct answer: The degree of care exercised by the defendant

Strict liability for abnormally dangerous activities holds defendants liable regardless of the degree of care exercised, because the activity itself creates an unacceptable risk of harm.

Question 75: Under Arkansas Rule 1.15, client funds must be kept in which type of account?

Any bank account designated by the client
A trust or IOLTA account separate from the attorney's own funds (Correct answer)
The attorney's personal checking account
A joint account with the client

Correct answer: A trust or IOLTA account separate from the attorney's own funds

Rule 1.15 requires client funds to be held in a trust or IOLTA account completely separate from the lawyer's personal or business funds.

Question 76: Under Arkansas constitutional law, which branch has the power to declare laws unconstitutional?

The Governor as chief executive
The Attorney General by formal opinion
The Arkansas General Assembly by majority vote
The Arkansas Supreme Court through judicial review (Correct answer)

Correct answer: The Arkansas Supreme Court through judicial review

The Arkansas Supreme Court exercises the power of judicial review to invalidate laws that violate the Arkansas Constitution or the U.S. Constitution.

Question 77: Under Arkansas Rule of Civil Procedure 23, a class action requires a finding that common questions of law or fact:

Are unique to each plaintiff
Are resolved by statute
Need not exist
Predominate over individual questions and a class action is the superior method (Correct answer)

Correct answer: Predominate over individual questions and a class action is the superior method

For class certification, common questions must predominate and the class action device must be superior to other methods of adjudication.

Question 78: Under Arkansas Code § 5-54-125, tampering with physical evidence occurs when a person:

Alters, destroys, or conceals physical evidence with the purpose of impairing its availability in an official proceeding (Correct answer)
Refuses to testify
Fails to report a crime
Provides an alibi for a defendant

Correct answer: Alters, destroys, or conceals physical evidence with the purpose of impairing its availability in an official proceeding

Tampering with physical evidence is purposefully altering, destroying, or concealing evidence to impair its availability in an official proceeding.

Question 79: Under Arkansas contract law, which of the following is an example of a valid accord and satisfaction?

A creditor accepts a lesser sum of an undisputed debt
Two parties agree to modify a contract without new consideration
A party assigns its rights without the obligor's consent
A creditor accepts a lesser sum in full satisfaction of a disputed debt (Correct answer)

Correct answer: A creditor accepts a lesser sum in full satisfaction of a disputed debt

Accord and satisfaction requires a bona fide dispute; accepting less than an undisputed amount does not extinguish the original obligation.

Question 80: Under strict scrutiny, a law will be upheld only if:

It is necessary to achieve a compelling government interest and is narrowly tailored (Correct answer)
It substantially relates to an important interest
It is rationally related to a legitimate government interest
The legislature intended a rational purpose

Correct answer: It is necessary to achieve a compelling government interest and is narrowly tailored

Strict scrutiny requires the government to show the law is narrowly tailored to advance a compelling government interest — the most demanding standard of constitutional review.

Question 81: If an applicant scores 140 on the MBE and 130 on the written portions (MEE and MPT combined), what will be their total UBE score in Arkansas?

280
265
270 (Correct answer)
260

Correct answer: 270

The UBE score in Arkansas is calculated by combining the scaled scores of its components. The MBE score contributes 50% and the combined MEE and MPT scores contribute the other 50%. If an applicant scores 140 on the MBE and 130 on the written portions (MEE and MPT combined), their total UBE score would be 140 + 130 = 270.

Question 82: In Arkansas, which court has general original jurisdiction over civil matters exceeding $25,000?

Circuit Court (Correct answer)
Small Claims Court
Probate Court
District Court

Correct answer: Circuit Court

Arkansas Circuit Courts have general original jurisdiction over civil matters where the amount in controversy exceeds $25,000.

Question 83: In Arkansas, a defendant charged with a felony has the right to a jury trial composed of how many jurors?

12 (Correct answer)
6
8
10

Correct answer: 12

The Arkansas Constitution requires a 12-person jury for felony trials, and a unanimous verdict is required for conviction.

Question 84: Under Arkansas Code § 5-2-603, the defense of duress is available when the defendant acted because of:

Financial hardship
Peer pressure from friends
A threat of imminent death or serious physical injury that a reasonable person could not resist (Correct answer)
An order from an employer

Correct answer: A threat of imminent death or serious physical injury that a reasonable person could not resist

Duress requires a threat of imminent death or serious physical injury of such gravity that a person of reasonable firmness could not resist.

Question 85: Under the Arkansas UCC, when a contract does not specify a delivery location, the seller's place of business is the:

Inspection location
Risk of loss transfer point
Payment location
Default delivery location (Correct answer)

Correct answer: Default delivery location

Under UCC § 2-308, the seller's place of business is the default delivery location when none is specified in the contract.

Question 86: Under Arkansas Rule of Civil Procedure 65, a temporary restraining order (TRO) may be issued without notice to the opposing party if:

The judge is unavailable
Immediate and irreparable injury will result before the adverse party can be heard (Correct answer)
The plaintiff posts a bond
The case involves over $100,000

Correct answer: Immediate and irreparable injury will result before the adverse party can be heard

An ex parte TRO is available only when immediate and irreparable injury will occur before the opposing party can be given notice and an opportunity to be heard.

Question 87: Under Arkansas Rule of Evidence 801(d)(2), an admission by a party-opponent is defined as:

A stipulation entered in the record
A document signed by both parties
A statement offered against a party that is the party's own statement (Correct answer)
Any statement made by any witness

Correct answer: A statement offered against a party that is the party's own statement

A party admission under Rule 801(d)(2) is a statement made by the party and offered against that party — it is defined as non-hearsay.

Question 88: Under Arkansas law, what mental state is required for criminal negligence?

Knowingly creating a risk
Recklessly disregarding a known risk
Purposely disregarding a risk
Failing to perceive a substantial and unjustifiable risk when a reasonable person would have perceived it (Correct answer)

Correct answer: Failing to perceive a substantial and unjustifiable risk when a reasonable person would have perceived it

Criminal negligence involves failing to perceive a substantial and unjustifiable risk that a reasonable person in the same circumstances would have perceived.

Question 89: How many questions are on the Multistate Bar Examination (MBE) portion of the Arkansas Bar Exam?

150
250
100
200 (Correct answer)

Correct answer: 200

The Multistate Bar Examination (MBE) is a significant component of the Arkansas Bar Exam, which is part of the UBE. The MBE consists of 200 multiple-choice questions, divided into two three-hour sessions. These questions cover various fundamental legal subjects.

Question 90: Under Arkansas Rule 1.3, what duty does a lawyer owe a client regarding diligence?

Guarantee a favorable outcome
Complete all work within 30 days
Act with reasonable diligence and promptness in representing a client (Correct answer)
File at least one motion per month

Correct answer: Act with reasonable diligence and promptness in representing a client

Rule 1.3 requires a lawyer to act with reasonable diligence and promptness, avoiding neglect of client matters.

Question 91: Under Arkansas Rule of Civil Procedure 56, summary judgment is appropriate when:

The plaintiff has a strong case
There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
The defendant fails to appear
Both parties agree to it

Correct answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law

Summary judgment is granted when the record shows no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

Question 92: Under Arkansas contract law, an anticipatory repudiation occurs when:

A party's performance becomes impossible
A party fails to perform on the due date
A party clearly indicates before the due date that it will not perform (Correct answer)
A party materially breaches a minor term

Correct answer: A party clearly indicates before the due date that it will not perform

Anticipatory repudiation occurs when a party unequivocally communicates its intent not to perform before the performance date arrives.

Question 93: Under Arkansas Code § 5-2-203, which defense completely absolves a defendant who lacked the capacity to conform conduct to the law?

Entrapment
Insanity defense (mental disease or defect) (Correct answer)
Duress
Voluntary intoxication

Correct answer: Insanity defense (mental disease or defect)

The insanity defense under Arkansas Code § 5-2-312 excuses criminal conduct when, due to mental disease or defect, the defendant lacked capacity to appreciate criminality or conform conduct to law.

Question 94: The 'best evidence rule' under Arkansas Rule of Evidence 1002 requires:

An original document when its contents are at issue (Correct answer)
Photographs instead of witness testimony
The most experienced expert witness available
The most credible witness to testify first

Correct answer: An original document when its contents are at issue

Rule 1002 requires production of the original writing, recording, or photograph to prove its contents, unless an exception applies.

Question 95: Under Arkansas Rule of Evidence 615, sequestration of witnesses means:

Witnesses must be paid a sequestration fee
Only expert witnesses may be excluded
Witnesses must be sworn in pairs
The court may order witnesses excluded from the courtroom while other witnesses testify (Correct answer)

Correct answer: The court may order witnesses excluded from the courtroom while other witnesses testify

Rule 615 allows the court to exclude witnesses from the courtroom so they cannot hear other witnesses' testimony and shape their own.

Question 96: What is the primary purpose of the Arkansas IOLTA program?

To fund attorney retirement benefits
To provide malpractice insurance for attorneys
To generate interest from pooled client funds for public legal services (Correct answer)
To pay court filing fees on behalf of clients

Correct answer: To generate interest from pooled client funds for public legal services

The IOLTA (Interest on Lawyers' Trust Accounts) program pools interest from small client trust balances to fund civil legal aid and law-related public programs.

Question 97: Under Arkansas Rule 26, which of the following must be disclosed automatically without a discovery request?

Privileged attorney-client communications
All emails in the company's system
Identification of witnesses likely to have discoverable information and documents the party may use to support its claims (Correct answer)
Expert opinions on damages

Correct answer: Identification of witnesses likely to have discoverable information and documents the party may use to support its claims

Rule 26 mandatory disclosures include the names of witnesses with relevant knowledge and documents the disclosing party may use to support its claims or defenses.

Question 98: An Arkansas attorney discovers she has a conflict of interest mid-representation. What is the FIRST required action?

Consult the client and obtain informed consent if possible (Correct answer)
Notify the opposing party
Withdraw immediately without notice
File a motion to withdraw with the court

Correct answer: Consult the client and obtain informed consent if possible

Upon discovering a conflict, the attorney must consult the affected client and obtain informed written consent where the conflict is consentable.

Question 99: The Fourteenth Amendment's Due Process Clause protects against deprivation of life, liberty, or property without due process. Which type of due process requires a fair hearing before deprivation?

Substantive due process
Procedural due process (Correct answer)
Legislative due process
Administrative due process

Correct answer: Procedural due process

Procedural due process requires fair procedures — such as notice and a hearing — before the government deprives someone of a protected interest.

Question 100: Under Arkansas law, the felony murder rule applies when a death occurs during the commission of which type of crime?

Specifically enumerated felonies such as robbery, kidnapping, or arson (Correct answer)
Any misdemeanor
Only drug offenses
Any traffic offense

Correct answer: Specifically enumerated felonies such as robbery, kidnapping, or arson

Arkansas's felony murder rule applies when death results during the commission of an enumerated dangerous felony such as robbery, rape, kidnapping, or arson.

Question 101: Under the Second Amendment as interpreted by the U.S. Supreme Court, the core protected right is:

The individual right to keep and bear arms for traditionally lawful purposes such as self-defense in the home (Correct answer)
The right of states to maintain militias
The right to carry any weapon in any public place
A collective right held only by law enforcement

Correct answer: The individual right to keep and bear arms for traditionally lawful purposes such as self-defense in the home

In District of Columbia v. Heller, the Supreme Court held the Second Amendment protects an individual right to possess firearms for traditionally lawful purposes, including self-defense at home.

Question 102: Under the U.S. Constitution's Supremacy Clause, when does a federal law preempt an Arkansas state law?

Only when a majority of states have the same law
When Congress has occupied the field or when state law conflicts with federal law (Correct answer)
Only when the President issues an executive order
Whenever the state law is more protective of individual rights

Correct answer: When Congress has occupied the field or when state law conflicts with federal law

Preemption occurs when Congress has expressly or impliedly occupied a regulatory field, or when state law directly conflicts with federal law.

Question 103: The 'but for' test in negligence law is used to establish which element?

Breach of the standard of care
Proximate (legal) causation
Duty of care owed to the plaintiff
Actual (factual) causation (Correct answer)

Correct answer: Actual (factual) causation

The 'but for' test is the standard test for actual (factual) causation, asking whether the plaintiff's injury would have occurred but for the defendant's negligent conduct.

Question 104: Under Arkansas law, criminal attempt requires that the defendant take a 'substantial step' toward commission of the offense. Which conduct qualifies?

Purchasing lawful items unrelated to the crime
Merely thinking about committing the crime
Talking about the crime with a friend
Reconnoitering the place contemplated for commission of the offense (Correct answer)

Correct answer: Reconnoitering the place contemplated for commission of the offense

Reconnoitering the planned location is expressly listed in Arkansas Code § 5-3-201 as an act that may constitute a substantial step toward criminal attempt.

Question 105: The Arkansas Bar Exam follows the Uniform Bar Examination (UBE) format. Which of the following components is not part of the UBE?

Multistate Professional Responsibility Examination (MPRE) (Correct answer)
Multistate Bar Examination (MBE)
Multistate Essay Examination (MEE)
Multistate Performance Test (MPT)

Correct answer: Multistate Professional Responsibility Examination (MPRE)

The Arkansas Bar Exam follows the Uniform Bar Examination (UBE) format, which consists of the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and Multistate Performance Test (MPT). The Multistate Professional Responsibility Examination (MPRE) is a separate ethics exam required for admission but is not a component of the UBE itself.

Question 106: Under Arkansas Rule of Civil Procedure 59, a motion for new trial must be filed within:

10 days of the verdict
60 days of the judgment
15 days of the judgment (Correct answer)
30 days of the judgment

Correct answer: 15 days of the judgment

A motion for new trial in Arkansas must be filed within 15 days after the entry of judgment.

Question 107: Which of the following is the correct breakdown of the weight given to each component of the UBE in Arkansas?

MBE 50%, MEE 30%, MPT 20% (Correct answer)
MBE 60%, MEE 20%, MPT 20%
MBE 30%, MEE 50%, MPT 20%
MBE 40%, MEE 30%, MPT 30%

Correct answer: MBE 50%, MEE 30%, MPT 20%

Arkansas, as a UBE jurisdiction, assigns specific weights to each component of the Uniform Bar Examination for calculating the total score. The Multistate Bar Examination (MBE) accounts for 50% of the total score, the Multistate Essay Examination (MEE) for 30%, and the Multistate Performance Test (MPT) for 20%. This weighting scheme emphasizes the MBE.

Question 108: An Arkansas attorney is subpoenaed to testify about a client's confidential communications. What protection typically applies?

The Freedom of Information Act
No protection; testimony is required
The attorney-client privilege (Correct answer)
The work-product doctrine only

Correct answer: The attorney-client privilege

The attorney-client privilege generally protects confidential communications between attorney and client from compelled disclosure.

Question 109: Under Arkansas Rule of Evidence 408, evidence of settlement offers or negotiations is inadmissible to prove:

Witness credibility
The identity of the parties
The statute of limitations
Liability or the validity or amount of a claim (Correct answer)

Correct answer: Liability or the validity or amount of a claim

Rule 408 protects settlement communications from admission to prove liability, encouraging parties to negotiate freely.

Question 110: Under Arkansas law, a Class Y felony carries a sentence range of:

1–6 years
Up to 1 year in county jail
10–40 years or life imprisonment (Correct answer)
3–10 years

Correct answer: 10–40 years or life imprisonment

Class Y felonies are the most serious Arkansas felony classification, carrying a sentence of 10 to 40 years or life imprisonment.

Question 111: Under the Equal Protection Clause as applied in Arkansas, what standard of review applies to a law that classifies based on sex?

No review — sex classifications are unreviewable
Rational basis review
Strict scrutiny
Intermediate scrutiny requiring exceedingly persuasive justification (Correct answer)

Correct answer: Intermediate scrutiny requiring exceedingly persuasive justification

Sex-based classifications under the Equal Protection Clause are subject to intermediate scrutiny, requiring the government to show the classification is substantially related to an important government interest.

Question 112: Under the 'eggshell plaintiff' rule, a defendant is liable for:

Only the foreseeable extent of harm to an average person
All damages caused, even if magnified by the plaintiff's pre-existing condition (Correct answer)
No damages if the plaintiff's condition was a superseding cause
A proportional share based on the plaintiff's pre-existing vulnerability

Correct answer: All damages caused, even if magnified by the plaintiff's pre-existing condition

The eggshell plaintiff rule holds that a defendant is liable for all damages caused, even if the extent of harm was unforeseeable due to the plaintiff's pre-existing vulnerability.

Question 113: Under Arkansas Rule of Evidence 606(b), juror testimony about deliberations is generally:

Required to be submitted in writing
Inadmissible except to prove extraneous prejudicial information was improperly brought to the jury (Correct answer)
Only admissible in criminal cases
Admissible to impeach any verdict

Correct answer: Inadmissible except to prove extraneous prejudicial information was improperly brought to the jury

Rule 606(b) bars juror testimony about deliberations to impeach a verdict, with a narrow exception for extraneous prejudicial information or outside influence.

Question 114: In Arkansas, which doctrine may enforce a promise that lacks consideration if the promisor reasonably expected the promisee to rely on it and the promisee did so to their detriment?

Unjust enrichment
Promissory estoppel (Correct answer)
Quasi-contract
Implied-in-fact contract

Correct answer: Promissory estoppel

Promissory estoppel substitutes for consideration when detrimental reliance on a promise is foreseeable and injustice can only be avoided by enforcement.

Question 115: Under the Takings Clause of the Fifth Amendment, private property may be taken for public use only if:

The property is unoccupied
The legislature approves the taking by a supermajority
The government pays an amount the government determines is fair
Just compensation is paid to the property owner (Correct answer)

Correct answer: Just compensation is paid to the property owner

The Takings Clause requires 'just compensation' — fair market value — to be paid when the government takes private property for public use.

Question 116: An Arkansas lawyer representing a client in litigation learns the client plans to present false testimony. What must the lawyer do?

Simply allow the client to testify without guidance
Counsel the client against it and, if refused, take remedial measures up to disclosure to the tribunal (Correct answer)
Present the testimony as directed
Ignore it as attorney-client privilege protects the communication

Correct answer: Counsel the client against it and, if refused, take remedial measures up to disclosure to the tribunal

Rule 3.3 requires the lawyer to counsel the client against false testimony and, if necessary, take remedial measures including disclosure to the tribunal.

Question 117: Under the Arkansas Rules of Professional Conduct, how long must an attorney generally retain client files after representation ends?

3 years
5 years (Correct answer)
7 years
1 year

Correct answer: 5 years

Arkansas attorneys are generally expected to retain client files for at least 5 years after the conclusion of representation.

Question 118: An Arkansas plaintiff voluntarily dismisses an action without prejudice for the second time against the same defendant. What is the effect?

The defendant may seek sanctions
The dismissal is still without prejudice
The dismissal operates as an adjudication on the merits (with prejudice) (Correct answer)
The court must approve the second dismissal

Correct answer: The dismissal operates as an adjudication on the merits (with prejudice)

Under the Arkansas 'two dismissal rule,' a second voluntary dismissal against the same defendant operates as an adjudication on the merits.

Question 119: Under Arkansas Rule of Evidence 901, authentication of a document requires:

Certification by a government agency
Admission by the opposing party
Evidence sufficient to support a finding that the item is what the proponent claims it to be (Correct answer)
Notarization by a licensed notary

Correct answer: Evidence sufficient to support a finding that the item is what the proponent claims it to be

Authentication is satisfied by sufficient evidence that the item is what the proponent claims — this is a low threshold met by circumstantial evidence.

Question 120: Under Arkansas Rule of Evidence 403, otherwise relevant evidence may be excluded if:

It is lengthy to present
It is documentary rather than testimonial
The opposing party objects
Its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury (Correct answer)

Correct answer: Its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury

Rule 403 allows exclusion when probative value is substantially outweighed by unfair prejudice, confusion of issues, or misleading the jury.

Question 121: Which of the following best describes the educational requirements to sit for the Arkansas Bar Exam?

A law degree from any recognized institution, whether in the U.S. or abroad.
A law degree from a state-accredited law school, regardless of ABA accreditation.
A law degree and at least two years of legal experience.
A Juris Doctor (JD) from an ABA-accredited law school. (Correct answer)

Correct answer: A Juris Doctor (JD) from an ABA-accredited law school.

The educational requirements for sitting for the Arkansas Bar Exam are specific and stringent. Applicants must hold a Juris Doctor (JD) degree, and it is mandatory that this degree comes from a law school that has been accredited by the American Bar Association (ABA). This ensures a standardized level of legal education.

Question 122: Under Arkansas comparative fault law, a plaintiff is barred from recovery when their fault:

Equals or exceeds 50% of total fault (Correct answer)
Is greater than zero percent
Exceeds 75% of total fault
Exceeds 25% of total fault

Correct answer: Equals or exceeds 50% of total fault

Arkansas follows modified comparative fault with a 50% bar, meaning a plaintiff may not recover if their fault equals or exceeds the defendant's fault.

Question 123: Under products liability, which theory allows a plaintiff to recover without proving the manufacturer was negligent?

Strict liability in tort under Restatement Second §402A (Correct answer)
Breach of express written warranty only
Respondeat superior for employee manufacturing errors
Negligence per se based on regulatory violations

Correct answer: Strict liability in tort under Restatement Second §402A

Strict liability in tort (Restatement Second §402A) allows recovery when a product is defective and unreasonably dangerous, without requiring proof that the manufacturer was negligent.

Question 124: Under Arkansas products liability law, which of the following is a recognized defense that may reduce or bar the plaintiff's recovery?

The manufacturer exercised all possible care in production
The product conformed to the industry standard at the time of manufacture
The defendant did not know the product was defective
The plaintiff's comparative fault in misusing a product in a known dangerous way (Correct answer)

Correct answer: The plaintiff's comparative fault in misusing a product in a known dangerous way

The plaintiff's comparative fault, including unreasonable product misuse or assumption of a known risk, is a recognized defense that can reduce or bar recovery in an Arkansas products liability claim.

Question 125: Under the Arkansas Criminal Code, what mental state is required for first-degree murder?

Recklessly
Negligently
Only during the commission of a felony
Purposely or knowingly causing the death of another person (Correct answer)

Correct answer: Purposely or knowingly causing the death of another person

Arkansas Code § 5-10-102 defines first-degree murder as purposely or knowingly causing the death of another person under circumstances manifesting extreme indifference.

Question 126: Under the Arkansas Constitution, which power does the Governor NOT possess?

Declare legislation unconstitutional (Correct answer)
Call special sessions of the General Assembly
Pardon convicted felons
Veto legislation

Correct answer: Declare legislation unconstitutional

The power to declare laws unconstitutional belongs exclusively to the judiciary — the Governor may veto, pardon, and call special sessions but cannot strike down laws.

Question 127: Under the Arkansas UCC, the perfect tender rule applies to contracts for the:

Performance of personal services
Lease of commercial property
Sale of goods (Correct answer)
Sale of real estate

Correct answer: Sale of goods

The UCC's perfect tender rule applies to contracts for the sale of goods, allowing rejection if delivery deviates in any way.

Question 128: Under Arkansas Rule of Evidence 501, attorney-client privilege in state civil proceedings is governed by:

Arkansas state law (Correct answer)
The defendant's choice of privilege
The ABA Model Rules only
Federal common law

Correct answer: Arkansas state law

In state court proceedings, privilege questions are governed by Arkansas state law, not federal common law.

Question 129: Under the Arkansas Constitution, the Supreme Court of Arkansas consists of how many justices?

9
11
7 (Correct answer)
5

Correct answer: 7

The Arkansas Supreme Court consists of seven justices — a Chief Justice and six Associate Justices.

Question 130: Under Arkansas Rule 3.5, which contact with a juror is prohibited?

Contacting a juror in open court
Asking a juror a question during voir dire
Thanking jurors after a verdict in open court
Ex parte communication with a juror during trial without court approval (Correct answer)

Correct answer: Ex parte communication with a juror during trial without court approval

Rule 3.5 prohibits unauthorized ex parte communication with a juror during the proceeding, protecting jury integrity.

Question 131: The tort of intentional infliction of emotional distress (IIED) requires conduct that is:

Extreme and outrageous beyond all bounds of decency (Correct answer)
Technically a breach of a contractual duty
Negligent and resulting in identifiable physical harm
Merely insulting or offensive to a reasonable person

Correct answer: Extreme and outrageous beyond all bounds of decency

IIED requires that the defendant's conduct be extreme and outrageous, beyond all bounds of decency, causing severe emotional distress to the plaintiff.

Question 132: Which of the following creates an affirmative duty to act under tort law, overcoming the general no-duty-to-rescue rule?

The plaintiff is a minor child
The harm to the plaintiff was highly foreseeable
The defendant's own prior conduct created the peril facing the plaintiff (Correct answer)
Witnessing a stranger in a life-threatening emergency

Correct answer: The defendant's own prior conduct created the peril facing the plaintiff

A recognized exception to the no-duty-to-act rule arises when the defendant created the peril placing the plaintiff in danger, thereby imposing an affirmative duty to render aid.

Question 133: In Arkansas, venue for a personal injury action against an individual defendant is proper in:

Only federal court
The county where the plaintiff's attorney practices
The county where the defendant resides or where the cause of action arose (Correct answer)
Only the county where the plaintiff resides

Correct answer: The county where the defendant resides or where the cause of action arose

Venue for tort actions in Arkansas is proper in the county where the defendant resides or where the injury or cause of action arose.

Question 134: Under Arkansas law, which remedy seeks to return non-breaching parties to the position they were in before the contract was formed?

Restitution (Correct answer)
Nominal damages
Specific performance
Expectation damages

Correct answer: Restitution

Restitution is designed to restore the plaintiff to the pre-contract position by recovering the benefit conferred on the breaching party.

Question 135: Under the Arkansas Rules of Evidence, which of the following is NOT hearsay?

A prior inconsistent statement made under oath at a prior proceeding (Correct answer)
A witness repeating what a bystander told her about the accident
A customer's diary entry about a store visit
A letter written by the defendant describing the incident

Correct answer: A prior inconsistent statement made under oath at a prior proceeding

Under ARe Rule 801(d)(1), a prior inconsistent statement made under oath at a prior proceeding is defined as non-hearsay and is admissible as substantive evidence.

Question 136: An Arkansas attorney receives a $5,000 flat fee that is earned only upon completion of the matter. Where must these funds be held initially?

In escrow at the courthouse
In cash at the attorney's office
In a client trust account until earned (Correct answer)
In the attorney's operating account immediately

Correct answer: In a client trust account until earned

Fees not yet earned must be held in a client trust account until the attorney earns them through performance of the agreed services.

Question 137: Which of the following most accurately states the standard of care owed by a professional (e.g., an attorney) in a negligence case?

A strict liability standard regardless of custom
The care of the most highly skilled practitioner in the profession
The care of a reasonably competent professional in the same field (Correct answer)
The care of an ordinarily prudent layperson

Correct answer: The care of a reasonably competent professional in the same field

Professionals are held to the standard of a reasonably competent professional in the same field, not the ordinary layperson or the most skilled practitioner.

Question 138: Under Arkansas Rule of Evidence 407, evidence of subsequent remedial measures is generally inadmissible to prove:

Negligence or culpable conduct (Correct answer)
The plaintiff's comparative fault
The date of the accident
The identity of witnesses

Correct answer: Negligence or culpable conduct

Rule 407 excludes subsequent remedial measures to prove negligence or culpability, encouraging parties to fix hazards without fear that the repair will be used against them.

Question 139: Under Arkansas Rule 8.3, when must a lawyer report another lawyer's misconduct?

Only if a client files a formal complaint
Whenever the lawyer suspects any minor infraction
Never — self-reporting is sufficient
When the lawyer knows of conduct that raises a substantial question of honesty, trustworthiness, or fitness (Correct answer)

Correct answer: When the lawyer knows of conduct that raises a substantial question of honesty, trustworthiness, or fitness

Rule 8.3 requires reporting when a lawyer has actual knowledge of conduct raising a substantial question about another lawyer's fitness to practice.

Question 140: Which of the following is a complete defense to a defamation claim?

All of the above are complete defenses (Correct answer)
Opinion based on disclosed facts
Truth of the statement
Absolute privilege in certain proceedings

Correct answer: All of the above are complete defenses

Truth, absolute and qualified privilege, and the opinion privilege are all recognized complete defenses to defamation that bar any recovery.

Question 141: Trespass to land is complete upon which showing?

Actual damage to the landowner's property
Intentional physical entry onto another's land without permission (Correct answer)
Economic harm suffered by the landowner
Knowledge by the entrant that the entry was unauthorized

Correct answer: Intentional physical entry onto another's land without permission

Trespass to land only requires an intentional act causing physical entry onto another's land without permission; actual damage and knowledge of trespass are not required elements.

Question 142: Under the Eighth Amendment, the death penalty may NOT be imposed on:

Defendants who have prior felony convictions
Defendants who kill multiple victims
Intellectually disabled defendants or defendants who committed their crime as juveniles (Correct answer)
Defendants convicted of first-degree murder

Correct answer: Intellectually disabled defendants or defendants who committed their crime as juveniles

The Supreme Court has held the Eighth Amendment prohibits imposing the death penalty on intellectually disabled individuals (Atkins) and juveniles (Roper).

Question 143: The Arkansas Constitution's Amendment 80 restructured the court system. Which courts were abolished?

Justice of the peace courts only
The Supreme Court and the Court of Appeals
Circuit courts and district courts
Chancery and probate courts, which were merged into the circuit court system (Correct answer)

Correct answer: Chancery and probate courts, which were merged into the circuit court system

Amendment 80, effective 2001, abolished separate chancery and probate courts and merged their jurisdiction into the circuit court system.

Question 144: Which of the following is required for eligibility to sit for the Arkansas Bar Exam?

Being a U.S. citizen.
Passing the Multistate Professional Responsibility Examination (MPRE) with a score of at least 85. (Correct answer)
A Juris Doctor (JD) degree from an ABA-accredited law school. (Correct answer)
An undergraduate degree in any field.

Correct answer: Passing the Multistate Professional Responsibility Examination (MPRE) with a score of at least 85.

To be eligible to sit for the Arkansas Bar Exam, applicants must hold a Juris Doctor (JD) degree. This degree specifically needs to be obtained from a law school that is accredited by the American Bar Association (ABA). This is a fundamental educational requirement for bar admission in most U.S. jurisdictions, including Arkansas.

Question 145: Under the Arkansas UCC, a merchant's firm offer is irrevocable for up to how long without separate consideration?

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

Correct answer: 3 months

Under UCC § 2-205, a merchant's written firm offer is irrevocable for the stated period, not to exceed three months.

Question 146: Under Arkansas law, what is the statute of limitations for a Class Y felony that is not specifically extended by statute?

No statute of limitations (Correct answer)
3 years
10 years
5 years

Correct answer: No statute of limitations

Arkansas Code § 5-1-109 provides that there is no statute of limitations for Class Y felonies, the most serious felony classification.

Question 147: In Arkansas, the general statute of limitations for a written contract action is:

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

Correct answer: 5 years

Arkansas provides a five-year statute of limitations for actions on written contracts under Ark. Code Ann. § 16-56-111.

Question 148: An Arkansas lawyer charges a contingent fee in a domestic relations matter. Is this permitted?

No, contingent fees are prohibited in domestic relations matters (Correct answer)
Only if the fee is under 25%
Yes, always permitted
Only with prior court approval

Correct answer: No, contingent fees are prohibited in domestic relations matters

Rule 1.5 prohibits contingent fees in domestic relations cases because they may create incentives that are adverse to reconciliation or fair settlement.

Question 149: Which of the following is one of the four recognized categories of invasion of privacy?

Public disclosure of accurate information from public records
Appropriation of the plaintiff's name or likeness for commercial gain (Correct answer)
Trespass to the plaintiff's personal property
Intentional infliction of severe emotional distress

Correct answer: Appropriation of the plaintiff's name or likeness for commercial gain

Appropriation of the plaintiff's name or likeness for the defendant's commercial advantage without consent is one of the four recognized privacy torts.

Arkansas Bar Examination (UBE — MBE Component)

The Arkansas Bar Exam is a Uniform Bar Examination (UBE) consisting of the MBE (200 multiple-choice questions across 7 legal subjects), MEE (6 essays), and MPT (2 performance tasks). A scaled score of 270 out of 400 is required to pass.

200

Questions

360 min

Time Limit

68%

To Pass

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