North Carolina Bar Examination (UBE — MBE Component) — Questions and Answers

Question 1: Under the First Amendment, which type of speech receives the least constitutional protection?

Political speech
Religious speech
Obscene speech (Correct answer)
Commercial speech

Correct answer: Obscene speech

Obscene speech falls outside First Amendment protection entirely under the Miller v. California three-part test.

Question 2: Under the North Carolina Revised Rules of Professional Conduct, a lawyer may reveal confidential client information to prevent the client from committing an act that will result in:

Any financial harm to a third party
Death or substantial bodily harm (Correct answer)
Significant reputational damage to the lawyer
Perjury in pending litigation

Correct answer: Death or substantial bodily harm

NC RPC Rule 1.6(b)(1) permits (but does not require) disclosure to prevent death or substantial bodily harm — this is a narrow exception focused on physical safety.

Question 3: In North Carolina, first-degree murder requires proof of:

Intent to kill only
Premeditation and deliberation, or felony murder during an enumerated felony (Correct answer)
Voluntary intoxication and recklessness
Malice aforethought and gross negligence

Correct answer: Premeditation and deliberation, or felony murder during an enumerated felony

Under N.C.G.S. § 14-17, first-degree murder requires either premeditated and deliberate killing or killing during the perpetration of certain enumerated felonies (felony murder).

Question 4: Under FRE 609, a witness's prior felony conviction is admissible for impeachment if it is:

A crime involving dishonesty, regardless of age
Any prior felony, without limitation
Admitted only when the witness denies the conviction
Less than 10 years old (from conviction or release) and its probative value outweighs its prejudicial effect (Correct answer)

Correct answer: Less than 10 years old (from conviction or release) and its probative value outweighs its prejudicial effect

Under FRE 609(a)(1), a prior felony conviction is admissible for impeachment if within 10 years and if probative value outweighs prejudice to the party (for non-defendant witnesses, if probative value simply is not substantially outweighed by unfair prejudice).

Question 5: Under the Erie doctrine, a federal court sitting in diversity must apply:

Federal law on all issues for uniformity
State substantive law and federal procedural law (Correct answer)
The law of whichever state is most interested in the outcome
Federal common law on all substantive issues

Correct answer: State substantive law and federal procedural law

Erie Railroad Co. v. Tompkins requires federal diversity courts to apply state substantive law while applying federal procedural rules.

Question 6: A dying declaration is admissible as an exception to the hearsay rule when the declarant:

Made the statement to a physician
Is a crime victim who later recovered
Believed death was imminent and the statement concerned the cause or circumstances of that death (Correct answer)
Is unavailable and the statement was made during a serious illness

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

Under FRE 804(b)(2), a dying declaration requires the declarant's belief in imminent death and that the statement concerned the cause or circumstances of the anticipated death.

Question 7: Which of the following is an example of promissory estoppel that could make an otherwise unenforceable promise binding?

A promise supported by $1 in nominal consideration
A charitable pledge without consideration that the charity detrimentally relied upon by beginning construction (Correct answer)
A promise that is too indefinite to be enforced
A promise made under duress that the promisor later ratifies

Correct answer: A charitable pledge without consideration that the charity detrimentally relied upon by beginning construction

Promissory estoppel under Restatement § 90 makes a promise binding when the promisor reasonably expects it to induce reliance, the promisee does detrimentally rely, and injustice can only be avoided by enforcement—a charitable pledge with detrimental reliance is a classic example.

Question 8: Under Rule 26(a)(1), parties must automatically disclose without a discovery request:

The identity of witnesses likely to have discoverable information and documents the disclosing party may use (Correct answer)
All documents supporting or opposing their claims
Expert witness reports and all underlying data
All communications between attorney and client

Correct answer: The identity of witnesses likely to have discoverable information and documents the disclosing party may use

Rule 26(a)(1) mandatory initial disclosures require identifying likely witnesses and documents the disclosing party may use to support its claims or defenses.

Question 9: The mens rea required for larceny in North Carolina is:

Knowledge that the property belongs to another
Negligent disregard of another's property
Intent to permanently deprive the owner of property (Correct answer)
Reckless indifference to ownership

Correct answer: Intent to permanently deprive the owner of property

Common law larceny and North Carolina larceny require the specific intent to permanently deprive the owner of their property at the time of the taking.

Question 10: The Supremacy Clause of the U.S. Constitution establishes that:

States retain sovereign immunity from all federal suits
Congress has supreme authority over the President
The Supreme Court has final word on all legal disputes
Federal law is the supreme law of the land, preempting conflicting state law (Correct answer)

Correct answer: Federal law is the supreme law of the land, preempting conflicting state law

Article VI's Supremacy Clause makes the Constitution and valid federal laws supreme over conflicting state laws.

Question 11: The Double Jeopardy Clause of the Fifth Amendment prevents prosecution for the same offense twice. Under the Blockburger test, two offenses are the 'same offense' if:

They arise from the same act
The same evidence is used to prove both
Each offense does not require proof of an additional element not required by the other (Correct answer)
They are charged in the same indictment

Correct answer: Each offense does not require proof of an additional element not required by the other

Under Blockburger v. United States, two offenses are the same for double jeopardy purposes if neither requires proof of a fact not required by the other.

Question 12: A lawyer serves as both a lawyer and a mediator in the same dispute. This dual role implicates which Rule of Professional Conduct most directly?

Rule 3.5 — impartiality of tribunal
Rule 1.7 — conflict of interest
Rule 2.4 — lawyer serving as third-party neutral (Correct answer)
Rule 1.12 — former judge or arbitrator

Correct answer: Rule 2.4 — lawyer serving as third-party neutral

Rule 2.4 specifically addresses lawyers serving as mediators or other third-party neutrals and requires informing non-client parties that the lawyer is not their attorney.

Question 13: The exclusionary rule generally bars evidence obtained in violation of the Fourth Amendment. The 'good faith exception' applies when:

An officer acts in objectively reasonable reliance on a warrant later found to be defective (Correct answer)
The evidence would have been inevitably discovered
The violation was minor and technical
The officer makes a reasonable mistake of fact

Correct answer: An officer acts in objectively reasonable reliance on a warrant later found to be defective

United States v. Leon established that evidence seized in good-faith reliance on a facially valid warrant that is later invalidated need not be suppressed.

Question 14: The Second Amendment right to keep and bear arms was held to apply to the states via the Fourteenth Amendment in:

District of Columbia v. Heller
McDonald v. City of Chicago (Correct answer)
New York State Rifle & Pistol Assn v. Bruen
Caetano v. Massachusetts

Correct answer: McDonald v. City of Chicago

McDonald v. City of Chicago (2010) incorporated the Second Amendment against the states through the Due Process Clause of the Fourteenth Amendment.

Question 15: A homebuilder contracts to build a house for $300,000. After the homebuilder completes 80% of the work, the owner wrongfully refuses to let the builder finish. What measure of damages can the builder recover?

The contract price less the cost of completing the remaining 20% of the work (Correct answer)
Only the reasonable value of work performed under quantum meruit
The full contract price with no deduction
The fair market value of the completed house

Correct answer: The contract price less the cost of completing the remaining 20% of the work

When an owner wrongfully prevents a contractor from completing performance, the contractor may recover the full contract price less the cost the contractor would have incurred to complete the remaining work.

Question 16: Under FRE 801(d)(2), a party admission is classified as:

A hearsay exception requiring unavailability
A prior inconsistent statement
Admissible only with corroboration
Non-hearsay — a party's own statement offered against that party (Correct answer)

Correct answer: Non-hearsay — a party's own statement offered against that party

FRE 801(d)(2) defines party admissions as non-hearsay; a party's own statements offered against them are by definition not hearsay.

Question 17: Seller contracts to deliver 1,000 pounds of tobacco to Buyer on June 1. On May 15, Seller clearly communicates that she will not perform. Which doctrine allows Buyer to sue immediately without waiting until June 1?

Impossibility of performance
Anticipatory repudiation (Correct answer)
Frustration of purpose
Promissory estoppel

Correct answer: Anticipatory repudiation

Anticipatory repudiation occurs when a party clearly and unequivocally indicates before the performance date that it will not perform, entitling the non-breaching party to treat the contract as immediately breached and sue at once.

Question 18: Under Rule 11, sanctions may be imposed when an attorney signs a pleading without conducting a reasonable inquiry to ensure it is:

Accompanied by a certificate of service
Verified by an independent expert
Supported by existing law and not filed for improper purposes (Correct answer)
Filed within the statute of limitations

Correct answer: Supported by existing law and not filed for improper purposes

Rule 11 requires that every court filing be well-grounded in fact and law after reasonable inquiry, and not filed for an improper purpose such as harassment.

Question 19: Congress's power to regulate activities that 'substantially affect' interstate commerce was upheld in:

Marbury v. Madison
Lochner v. New York
Wickard v. Filburn (Correct answer)
McCulloch v. Maryland

Correct answer: Wickard v. Filburn

Wickard v. Filburn held that even local, non-commercial activity can be regulated by Congress if it substantially affects interstate commerce in the aggregate.

Question 20: Under common law contract principles, which of the following modifications would be enforceable without new consideration?

A unilateral promise to perform an existing contractual obligation
A modification under seal by both parties (Correct answer)
An oral modification to a written contract for the sale of real property
A written modification that both parties agree to in good faith to accommodate unanticipated circumstances

Correct answer: A modification under seal by both parties

At common law, a modification under seal is enforceable without consideration because the seal itself substitutes for consideration in jurisdictions that recognize it.

Question 21: Under NC RPC Rule 1.2, the client has the ultimate authority to make decisions concerning:

The objectives of the representation, including whether to settle (Correct answer)
How to present legal arguments to the court
Which witnesses to call and what motions to file
Litigation strategy and tactical decisions

Correct answer: The objectives of the representation, including whether to settle

Rule 1.2 reserves to the client the decision on the objectives of the representation, including settlement, while the lawyer controls the means and tactics.

Question 22: Under FRE 407, evidence of subsequent remedial measures is inadmissible to prove:

Feasibility of precautionary measures if disputed
Negligence or culpable conduct (Correct answer)
Impeachment of a witness
Ownership or control of the instrumentality

Correct answer: Negligence or culpable conduct

FRE 407 bars subsequent remedial measures as proof of negligence or culpable conduct, though they may be admitted for other purposes like proving ownership.

Question 23: Under FRE 702, expert testimony is admissible if the expert's opinion is based on sufficient facts, reliable methods, and:

Approval by the opposing party's expert
Universal acceptance in the relevant scientific community
The expert's opinion reliably applies the methods to the facts of the case (Correct answer)
Published peer-reviewed research only

Correct answer: The expert's opinion reliably applies the methods to the facts of the case

Post-Daubert, FRE 702 requires that the expert reliably apply the methodology to the case facts, not just that the methodology is valid in isolation.

Question 24: Voluntary intoxication in North Carolina may be a defense to:

General intent crimes only
All criminal charges
Specific intent crimes where it negates the required mens rea (Correct answer)
Any crime involving moral turpitude

Correct answer: Specific intent crimes where it negates the required mens rea

Voluntary intoxication may negate the specific intent element of a crime but is not a defense to general intent or strict liability offenses.

Question 25: Which standard applies when the government restricts speech in a public forum based on its content?

Intermediate scrutiny
Strict scrutiny (Correct answer)
Reasonableness standard
Rational basis review

Correct answer: Strict scrutiny

Content-based restrictions in public forums must satisfy strict scrutiny — a compelling government interest pursued through the least restrictive means.

Question 26: Under the UCC, when does risk of loss pass from seller to buyer in a shipment contract (F.O.B. shipping point)?

When the seller ships the invoice to the buyer
When the seller delivers the goods to the carrier (Correct answer)
When the buyer receives the goods at the destination
When the contract is formed

Correct answer: When the seller delivers the goods to the carrier

Under UCC § 2-509, in a shipment contract (F.O.B. point of origin), risk of loss passes to the buyer when the seller duly delivers the goods to the carrier.

Question 27: Summary judgment under Rule 56 is appropriate when:

The pleadings establish the plaintiff cannot win
There is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law (Correct answer)
The defendant admits all allegations in the complaint
Expert testimony supports one party's version of events

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

Under Rule 56, summary judgment is granted when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Question 28: Under NC RPC Rule 1.4, a lawyer must keep the client reasonably informed and must promptly comply with:

Instructions to settle without informing the client
All client requests including unethical ones
Requests to communicate only in writing
Reasonable requests for information about the matter (Correct answer)

Correct answer: Reasonable requests for information about the matter

Rule 1.4 requires attorneys to keep clients informed, promptly respond to requests for information, and ensure clients can make informed decisions.

Question 29: North Carolina lawyers are subject to discipline by the NC State Bar for misconduct. The most severe form of discipline is:

Public censure
Disbarment (Correct answer)
Reprimand with conditions
Suspension for one year

Correct answer: Disbarment

Disbarment is the most severe disciplinary sanction available to the NC State Bar, permanently revoking the lawyer's license to practice law.

Question 30: A contract is formed between two parties, but one party was intoxicated at the time of signing and did not understand the nature of the transaction. Under North Carolina law, the intoxicated party's contract is best characterized as:

Voidable at the election of the intoxicated party (Correct answer)
Void ab initio
Unenforceable by either party
Enforceable because intoxication is never a defense

Correct answer: Voidable at the election of the intoxicated party

Contracts entered into while a party was so intoxicated as to be unable to understand the nature of the transaction are voidable at the election of the intoxicated party, not void, because the party retains the ability to ratify or disaffirm upon regaining capacity.

North Carolina Bar Examination (UBE — MBE Component)

The North Carolina Bar Examination is a Uniform Bar Examination (UBE) administered over two days, testing legal knowledge and reasoning across seven MBE subject areas via 200 multiple-choice questions, plus essay (MEE) and performance test (MPT) components. Candidates must score 270 out of 400 to pass.

Questions

35 min

Time Limit

68%

To Pass

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