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

Question 1: Under Arkansas law, which of the following is NOT a required element of criminal conspiracy?

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
A purpose to commit an offense

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

150
100
200 (Correct answer)
250

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

Retried for the same offense in the same jurisdiction (Correct answer)
Subpoenaed as a witness in a related case
Sued civilly for the same conduct
Charged with a different offense arising from 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 4: Which of the following most accurately states the standard of care owed by a professional (e.g., an attorney) in a negligence case?

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

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

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

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

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

Correct answer: Arkansas state law

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

Question 7: 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?

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

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 8: 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
Just compensation is paid to the property owner (Correct answer)
The government pays an amount the government determines is fair

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

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

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

The defendant was the initial aggressor
The defendant reasonably believed deadly force was necessary to prevent death or serious physical injury (Correct answer)
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 11: 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
130
136 (Correct answer)
140

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

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

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

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

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

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

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

7 years
5 years (Correct answer)
3 years
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 16: 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?

260
265
280
270 (Correct answer)

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

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

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

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

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 19: 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)
Admissible to impeach any verdict
Only admissible in criminal cases

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

A customer's diary entry about a store visit
A witness repeating what a bystander told her about the accident
A prior inconsistent statement made under oath at a prior proceeding (Correct answer)
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 21: Under the Arkansas Rules of Civil Procedure, what is the general statute of limitations for filing a written contract claim?

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

Correct answer: 5 years

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

Question 22: Which contract defense excuses performance in Arkansas when an unforeseen event makes performance impractical, not just more expensive?

Duress
Commercial impracticability (Correct answer)
Accord and satisfaction
Misrepresentation

Correct answer: Commercial impracticability

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

Question 23: 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 24: 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)
After the lawsuit was filed
Only if authenticated by the court
By a government official only

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 25: 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)
A collective right held only by law enforcement
The right of states to maintain militias
The right to carry any weapon in any public place

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

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
Is served anywhere in the country

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 27: 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
Unilateral mistake
Mutual mistake (Correct answer)
Scrivener's error only

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 28: Under Arkansas Rule of Evidence 615, sequestration of witnesses means:

Only expert witnesses may be excluded
Witnesses must be paid a sequestration fee
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 29: Under the Arkansas UCC, the perfect tender rule applies to contracts for the:

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

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

260
280
270
266 (Correct answer)

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

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

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.

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.

Questions

34 min

Time Limit

68%

To Pass

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