Indiana Bar Examination (Uniform Bar Examination) — Questions and Answers

Question 1: What is the difference between separate and marital property in divorce?

Separate property was owned before marriage or received as a gift; marital property was acquired during marriage (Correct answer)
There is no legal distinction between property types
All property becomes marital upon marriage
Separate property includes everything in one spouse's name

Correct answer: Separate property was owned before marriage or received as a gift; marital property was acquired during marriage

Separate property generally includes assets owned before marriage, inherited individually, or received as gifts. Marital property includes assets acquired during the marriage through joint effort.

Question 2: A manufacturer sold a lawnmower with a design that allowed fingers to reach the blade area. A safer, cost-effective alternative design existed. In a strict products liability design defect claim under the risk-utility test, the plaintiff will likely:

Prevail, because a reasonable alternative design would have reduced the danger at reasonable cost (Correct answer)
Lose, because design defects require proof of negligence
Prevail only if the manufacturer knew of prior injuries
Lose, because the plaintiff misused the mower

Correct answer: Prevail, because a reasonable alternative design would have reduced the danger at reasonable cost

Under the risk-utility test, a product is defectively designed if a reasonable alternative design could have reduced foreseeable risks at reasonable cost.

Question 3: The MPT Library includes a statute and two cases from the fictional state of Franklin. What should an examinee assume about outside law?

Restatement provisions may be freely substituted
Federal law always supplements the Library
Only the law provided in the Library should be used to analyze the problem (Correct answer)
Real Indiana law controls over the Library materials

Correct answer: Only the law provided in the Library should be used to analyze the problem

The MPT is a closed universe, so only the legal authorities supplied in the Library may be relied upon.

Question 4: In an Indiana will contest alleging undue influence, which fact pattern most strongly raises a presumption of undue influence?

The drafting attorney, who was in a confidential relationship with the testator, receives a large bequest under the will (Correct answer)
The testator disinherited all charities
The will was executed shortly after a terminal diagnosis
A child who visited weekly receives more than a child who never visited

Correct answer: The drafting attorney, who was in a confidential relationship with the testator, receives a large bequest under the will

A confidential relationship plus the fiduciary's active procurement of a benefit raises a presumption of undue influence shifting the burden to the beneficiary.

Question 5: In a criminal trial, the defendant offers testimony from his pastor that he has a reputation for honesty. The prosecution may respond by:

Calling witnesses only about unrelated character traits
Offering evidence of specific dishonest acts as extrinsic proof
Nothing, because character rebuttal is prohibited
Cross-examining the pastor about specific instances of the defendant's dishonesty (Correct answer)

Correct answer: Cross-examining the pastor about specific instances of the defendant's dishonesty

Once the defendant opens the door with character evidence, the prosecution may inquire into specific instances on cross-examination under Rule 405(a).

Question 6: What is the best interest of the child standard?

A legal standard that prioritizes the child's welfare in custody, visitation, and support decisions (Correct answer)
A standard based primarily on the parents' financial resources
A standard that requires equal custody time
A standard that always favors the mother's custody

Correct answer: A legal standard that prioritizes the child's welfare in custody, visitation, and support decisions

The best interest standard requires courts to consider multiple factors focused on the child's physical, emotional, and developmental needs, rather than the parents' preferences or convenience.

Question 7: What privilege protects spousal communications?

Only written communications between spouses are protected
Confidential communications between spouses during marriage are privileged and cannot be compelled (Correct answer)
Spousal privilege only applies in divorce proceedings
All conversations between married people are privileged forever

Correct answer: Confidential communications between spouses during marriage are privileged and cannot be compelled

The marital communications privilege protects confidential communications made between spouses during the marriage. The privilege generally survives divorce for communications made during the marriage.

Question 8: The constitutional guarantee against double jeopardy attaches in a jury trial at what point?

When charges are formally filed
When the jury is sworn in (Correct answer)
When the defendant enters a plea
When the indictment is returned

Correct answer: When the jury is sworn in

In a jury trial, double jeopardy attaches when the jury is sworn in, protecting a defendant from being tried again for the same offense after that point.

Question 9: A dying declaration is admissible under the Federal Rules of Evidence in:

Homicide prosecutions and civil cases only (Correct answer)
All cases without limitation
Any criminal case
Civil cases only

Correct answer: Homicide prosecutions and civil cases only

Under FRE 804(b)(2), dying declarations apply only in homicide prosecutions and civil actions.

Question 10: Which duty does an Indiana trustee breach by purchasing trust assets for the trustee's personal account, even at fair market value?

The duty to inform and report
The duty of impartiality between income and remainder beneficiaries
The duty of loyalty, under the self-dealing (no further inquiry) rule (Correct answer)
The duty to earmark trust property

Correct answer: The duty of loyalty, under the self-dealing (no further inquiry) rule

Self-dealing violates the duty of loyalty regardless of the fairness of the price, triggering the no-further-inquiry rule.

Question 11: Which constitutional doctrine holds that courts will not decide political questions that have been committed by the Constitution to another branch of government?

Ripeness doctrine
Abstention doctrine
Political question doctrine (Correct answer)
Non-justiciability doctrine

Correct answer: Political question doctrine

The political question doctrine bars federal courts from hearing cases involving questions committed to the political branches by the Constitution, such as the conduct of foreign affairs or the process for impeachment.

Question 12: A singer contracts to perform at a venue, but the venue burns down through no one's fault before the concert. The parties' duties are most likely:

Discharged by impossibility because the venue's existence was a basic assumption (Correct answer)
Suspended until the venue is rebuilt
Still enforceable because performance elsewhere is possible
Discharged only if the contract had a force majeure clause

Correct answer: Discharged by impossibility because the venue's existence was a basic assumption

Destruction of a thing essential to performance, without fault, discharges both parties under the doctrine of impossibility.

Question 13: The instruction memo says your supervising partner "does not want a separate statement of facts." You have extra time. What should you do?

Weave necessary facts into the analysis and omit a separate facts section (Correct answer)
Add a statement of facts anyway to show thoroughness
Summarize the Library instead
Attach the File documents as exhibits

Correct answer: Weave necessary facts into the analysis and omit a separate facts section

Facts should be integrated into the analysis when the memo expressly forbids a separate facts section.

Question 14: In a trusts essay, a trust instrument gives income to A for life, remainder to B. The trustee receives a large cash stock dividend. Under the Uniform Principal and Income Act, the distribution is generally allocated to:

Income if it is an ordinary cash dividend, while stock dividends go to principal (Correct answer)
Income in all cases regardless of form
Principal in all cases regardless of form
Whichever beneficiary requests it first

Correct answer: Income if it is an ordinary cash dividend, while stock dividends go to principal

The UPAIA allocates ordinary cash dividends to income but allocates distributions of the entity's own shares to principal.

Question 15: An MPT task memo instructs you to write a persuasive brief. Which approach best fits this instruction?

Recommend the client settle to avoid litigation
Advocate for your client's position using favorable framing of law and facts (Correct answer)
Present both sides neutrally and let the reader decide
Summarize only the facts without applying law

Correct answer: Advocate for your client's position using favorable framing of law and facts

A persuasive brief requires advocacy that frames the law and facts favorably for the client.

Question 16: A landowner conveyed property "to my daughter for life, then to her children who survive her." At the time of conveyance, the daughter had no children. What interest do the daughter's unborn children have?

An executory interest
A vested remainder subject to open
A reversion
A contingent remainder (Correct answer)

Correct answer: A contingent remainder

Because the takers are unascertained (unborn) and survival is a condition precedent, the children hold a contingent remainder.

Question 17: Which of the following is a constitutional protection against self-incrimination?

The Eighth Amendment
The Fourth Amendment
The Sixth Amendment
The Fifth Amendment (Correct answer)

Correct answer: The Fifth Amendment

The Fifth Amendment to the U.S. Constitution contains the crucial protection against self-incrimination, famously stating that no person "shall be compelled in any criminal case to be a witness against himself." This right, often invoked as "taking the Fifth," prevents the government from forcing individuals to provide testimony or evidence that could lead to their own criminal conviction. It is a fundamental safeguard in the American justice system.

Question 18: What are prior inconsistent statements used for?

To impeach a witness's credibility by showing contradictory earlier statements (Correct answer)
To establish a witness's qualifications
To introduce new evidence through a witness
To prove the truth of the earlier statement in all cases

Correct answer: To impeach a witness's credibility by showing contradictory earlier statements

Prior inconsistent statements are primarily used to impeach credibility by demonstrating the witness said something different before, though some prior statements may also be substantive evidence.

Question 19: Under the Commerce Clause, Congress may regulate activities that substantially affect interstate commerce. Which Supreme Court case established the 'substantial effects' test?

United States v. Lopez
Gibbons v. Ogden
Heart of Atlanta Motel v. United States
Wickard v. Filburn (Correct answer)

Correct answer: Wickard v. Filburn

Wickard v. Filburn (1942) established that even purely local activities can be regulated by Congress under the Commerce Clause if they have a substantial effect on interstate commerce in the aggregate.

Question 20: A landlord and residential tenant's lease says the tenant accepts the unit "as is" and waives all repair claims. The furnace fails and the landlord refuses to fix it. In jurisdictions recognizing the implied warranty of habitability, what result?

The warranty applies because it generally cannot be waived in residential leases (Correct answer)
The tenant's only remedy is to terminate the lease
The warranty applies only to commercial leases
The waiver is enforceable as a bargained-for term

Correct answer: The warranty applies because it generally cannot be waived in residential leases

The implied warranty of habitability protects residential tenants and in most jurisdictions cannot be waived by lease provisions.

Question 21: A plaintiff is injured when a product she purchased malfunctioned. The plaintiff alleges that the manufacturer was negligent in its design of the product. Which of the following must the plaintiff generally prove to establish a claim for negligence?

The plaintiff was aware of the potential risks associated with the product.
The plaintiff suffered damages as a result of the malfunctioning product. (Correct answer)
The product was defectively designed and caused harm.
The manufacturer had a duty to inspect the product regularly.

Correct answer: The plaintiff suffered damages as a result of the malfunctioning product.

To establish a claim for negligence, a plaintiff must generally prove four elements: duty, breach, causation, and damages. While the product being defectively designed (breach of duty) and causing harm (causation) are crucial, the plaintiff must also demonstrate that they suffered actual damages (e.g., injuries, financial loss) as a direct result of the product's malfunction. Without damages, there is no actionable negligence claim.

Question 22: A licensee argues due process was violated solely because the same agency both investigated and adjudicated her case. Under Withrow v. Larkin, this argument:

Wins automatically
Fails absent a showing of actual bias or special risk of unfairness (Correct answer)
Wins if any hearing lasted under one hour
Requires transfer to federal court

Correct answer: Fails absent a showing of actual bias or special risk of unfairness

Withrow v. Larkin holds that combining investigative and adjudicative functions does not, without more, violate due process.

Question 23: Under the common law, which of the following is necessary for an offer to be considered valid?

The offer must include the price term.
The offer must contain a specific performance requirement.
The offer must be communicated to the offeree. (Correct answer)
The offer must be made in writing.

Correct answer: The offer must be communicated to the offeree.

Under common law contract principles, for an offer to be valid and capable of acceptance, it must be effectively communicated to the intended recipient, known as the offeree. Without communication, the offeree cannot be aware of the offer's terms and therefore cannot form the necessary intent to accept it. This ensures mutual assent, a fundamental requirement for contract formation.

Question 24: A defendant broke into a house at night intending to retrieve his own property that the homeowner had borrowed. Is the defendant guilty of common law burglary?

No, because he lacked intent to commit a felony inside (Correct answer)
Yes, because retrieving property is larceny
No, because burglary requires actual theft
Yes, because he broke and entered a dwelling at night

Correct answer: No, because he lacked intent to commit a felony inside

Taking one's own property is not larceny, so the defendant lacked the intent to commit a felony inside, defeating burglary.

Question 25: While analyzing a case file, you find conflicting evidence from different witnesses. What is the most appropriate approach to address this issue in your analysis?

Focus only on the evidence that supports your client's position.
Conclude that the case is unwinnable due to the conflicting evidence.
Evaluate the credibility and relevance of each piece of conflicting evidence. (Correct answer)
Ignore the conflicting evidence as it complicates the case.

Correct answer: Evaluate the credibility and relevance of each piece of conflicting evidence.

When faced with conflicting evidence, a thorough legal analysis requires evaluating the credibility of each witness and the relevance of their testimony. This involves considering factors like witness bias, consistency, corroboration, and how each piece of evidence fits into the overall factual narrative. Ignoring or selectively focusing on evidence would lead to an incomplete and potentially flawed analysis.

Question 26: Under the Eleventh Amendment, a federal court generally cannot hear a suit against a state brought by:

A citizen of another state (Correct answer)
A foreign nation
The federal government
The state itself

Correct answer: A citizen of another state

The Eleventh Amendment bars federal court suits against a state by citizens of another state (or foreign nation) without the state's consent, protecting state sovereign immunity.

Question 27: An Indiana court issued the original custody decree, but the child and both parents now live in Illinois. Which court may modify the decree?

Indiana, because the issuing court retains jurisdiction forever
Illinois, because Indiana lost exclusive continuing jurisdiction once the child and both parents left (Correct answer)
Either state, at the petitioner's choice
Federal court, under the PKPA

Correct answer: Illinois, because Indiana lost exclusive continuing jurisdiction once the child and both parents left

Exclusive continuing jurisdiction ends when the child and both parents no longer reside in the issuing state, allowing the new home state to modify.

Question 28: A buyer accepts a seller's offer for goods but adds a term requiring arbitration of disputes. Both parties are merchants. Under UCC 2-207, the arbitration term becomes part of the contract unless:

It materially alters the contract, the offer limits acceptance to its terms, or the offeror timely objects (Correct answer)
The goods are worth more than $500
The seller fails to sign the acceptance
The buyer fails to pay a deposit

Correct answer: It materially alters the contract, the offer limits acceptance to its terms, or the offeror timely objects

Between merchants, additional terms become part of the contract except where they materially alter it, the offer expressly limits acceptance, or objection is made within a reasonable time.

Question 29: A homeowner hired a contractor to build a deck for $10,000. After the contractor completed half the work, the homeowner repudiated. The contractor had spent $4,000 and would have spent $3,000 more to finish. What are the contractor's expectation damages?

$10,000
$3,000
$4,000
$7,000 (Correct answer)

Correct answer: $7,000

Expectation damages equal the contract price minus costs saved by not finishing: $10,000 − $3,000 = $7,000.

Question 30: A mortgagor defaults, and the lender forecloses. A second mortgage was recorded after the foreclosing first mortgage. What happens to the second mortgage after a valid foreclosure sale on the first?

It survives and binds the foreclosure sale purchaser
It is extinguished as to the land, leaving the junior lender to claim surplus proceeds (Correct answer)
It automatically becomes a first mortgage on the property
It converts to an unsecured claim against the purchaser

Correct answer: It is extinguished as to the land, leaving the junior lender to claim surplus proceeds

Foreclosure of a senior mortgage wipes out properly joined junior liens, which then attach only to any surplus sale proceeds.

Indiana Bar Examination (Uniform Bar Examination)

The Indiana Bar Examination is a Uniform Bar Examination (UBE) administered over two days, consisting of the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and Multistate Performance Test (MPT), testing candidates on core legal subjects and practical lawyering skills. A minimum scaled score of 266 out of 400 is required to pass.

Questions

50 min

Time Limit

67%

To Pass

Checking for saved progress...

Exam Rules

You can skip questions and return to them later
Flag questions for review before submitting
No feedback shown until you submit the entire exam
Unanswered questions count as wrong — answer everything
10 pretest questions are mixed in and don't affect your score
Timer auto-submits when time runs out
Your progress is auto-saved every 30 seconds