Oregon Bar Exam (NextGen UBE) — Questions and Answers

Question 1: Under Oregon law, which of the following best describes 'trespass to chattels'?

Intentionally interfering with another's possession of personal property causing damage or dispossession (Correct answer)
Converting another's real property to one's own use
Intentionally taking ownership of another's personal property
Negligently damaging another's personal property

Correct answer: Intentionally interfering with another's possession of personal property causing damage or dispossession

Trespass to chattels requires intentional interference with another's possession of personal property; unlike conversion, it requires only minor interference causing actual damage.

Question 2: Which contractual duty CANNOT be delegated to a third party without the obligee's consent?

A duty to deliver standardized commercial goods
A duty requiring the unique personal skill or judgment of the original promisor (Correct answer)
A duty to pay a monetary debt
A duty to perform routine data entry tasks

Correct answer: A duty requiring the unique personal skill or judgment of the original promisor

Duties involving unique personal skill, trust, or confidence cannot be delegated without consent because the obligee bargained for that specific person's performance.

Question 3: What is relevance in evidence law?

Evidence that the judge personally finds interesting
Only direct evidence of the crime
Evidence that proves a fact conclusively
Evidence that has any tendency to make a material fact more or less probable (Correct answer)

Correct answer: Evidence that has any tendency to make a material fact more or less probable

Relevant evidence is any evidence that has a tendency to make a fact of consequence to the case more or less probable than it would be without the evidence.

Question 4: Under Craig v. Boren, a state law setting different legal drinking ages for men and women would be subject to which standard?

Rational basis, since alcohol regulation is a traditional state police power
Strict scrutiny, because gender is a suspect classification like race
No constitutional scrutiny, as age and gender regulations are committed to legislative discretion
Intermediate scrutiny, because the classification is based on sex (Correct answer)

Correct answer: Intermediate scrutiny, because the classification is based on sex

Sex-based classifications receive intermediate scrutiny under Craig v. Boren, requiring the government to show the classification is substantially related to an important government interest.

Question 5: Under the MPC's ALI 'substantial capacity' insanity test, a defendant lacks responsibility if, due to mental disease or defect, he lacks:

Any awareness that criminal laws exist
Substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law (Correct answer)
Any capacity to feel remorse for his actions
All capacity whatsoever to understand his actions

Correct answer: Substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law

The MPC requires only lack of substantial capacity — not total incapacity — to appreciate criminality or to conform conduct to the law.

Question 6: Under Oregon's reciprocal discipline rules, if an Oregon attorney is suspended in another jurisdiction, what generally happens?

Oregon automatically disbarrs the attorney
Oregon requires a full new evidentiary hearing before any action
Oregon takes no action because each state's discipline is independent
Oregon will impose identical discipline unless the attorney demonstrates the other proceeding lacked due process or the result was unjust (Correct answer)

Correct answer: Oregon will impose identical discipline unless the attorney demonstrates the other proceeding lacked due process or the result was unjust

Oregon's reciprocal discipline rules impose the same sanction as the other jurisdiction unless the attorney proves due process defects or fundamental injustice.

Question 7: What is the statute of frauds?

Only oral contracts are subject to fraud claims
All contracts must be in writing
Fraud automatically invalidates any contract
Certain contracts must be in writing to be enforceable, including land sales and contracts not performable within one year (Correct answer)

Correct answer: Certain contracts must be in writing to be enforceable, including land sales and contracts not performable within one year

The statute of frauds requires a signed writing for certain categories of contracts including land sales, contracts not performable within one year, surety agreements, and contracts for goods over $500 under the UCC.

Question 8: What protections does the Equal Protection Clause provide?

It only applies to racial discrimination
It guarantees equal income for all citizens
It prohibits states from denying any person within their jurisdiction the equal protection of the laws (Correct answer)
It requires identical treatment in all circumstances regardless of differences

Correct answer: It prohibits states from denying any person within their jurisdiction the equal protection of the laws

The Equal Protection Clause of the Fourteenth Amendment prohibits arbitrary government discrimination, requiring similarly situated persons to be treated alike under the law.

Question 9: A plaintiff seeks a preliminary injunction to halt defendant's competing business. Which factor is NOT part of the traditional four-factor test?

That the defendant acted with fraudulent intent (Correct answer)
Likelihood of success on the merits
Irreparable harm to the movant absent the injunction
Balance of equities and whether the injunction serves the public interest

Correct answer: That the defendant acted with fraudulent intent

The four-factor Winter test for preliminary injunctions does not include fraudulent intent; it requires likelihood of success, irreparable harm, balance of equities, and public interest.

Question 10: Plaintiff files suit in Oregon state court. Defendant timely removes to federal court. If plaintiff's only claim is for $60,000 under state tort law and both parties are Oregon citizens, which defect applies?

The case is properly removed because state tort claims may raise federal questions
Diversity jurisdiction requires both parties to be citizens of different states, which is not met here
Amount in controversy is below the $75,000 threshold for diversity jurisdiction
Both lack of diversity and insufficient amount in controversy are present (Correct answer)

Correct answer: Both lack of diversity and insufficient amount in controversy are present

28 U.S.C. § 1332 requires complete diversity (citizens of different states) and more than $75,000 in controversy; both requirements fail here.

Question 11: A corporation is involuntarily dissolved by the Oregon Secretary of State for failure to file an annual report. A creditor then seeks to hold the directors personally liable for corporate debts incurred after dissolution. Under Oregon law, director liability is most likely when:

The creditor extended credit before the dissolution occurred
The directors were also officers of the dissolved corporation
The corporation failed to publish notice of dissolution in a local newspaper
Directors had actual knowledge of the dissolution and continued to operate the business without curing it (Correct answer)

Correct answer: Directors had actual knowledge of the dissolution and continued to operate the business without curing it

Directors who knowingly continue to conduct business after administrative dissolution without taking steps to cure or wind up can face personal liability for obligations incurred during that period.

Question 12: In Oregon, what is required for a limited liability company (LLC) to be dissolved voluntarily?

A court order
A majority vote of the members (Correct answer)
A unanimous vote of the members
Filing a Certificate of Dissolution with the Secretary of State

Correct answer: A majority vote of the members

Under Oregon law, for a limited liability company (LLC) to be dissolved voluntarily, it typically requires a majority vote of the members. The specific percentage or conditions for dissolution are often outlined in the LLC's operating agreement. While filing a Certificate of Dissolution is a necessary step, the underlying decision to dissolve is made by the members' vote.

Question 13: Under Georgia v. Randolph, when two co-occupants of a shared dwelling are both physically present and one consents to a police search while the other explicitly refuses, the warrantless search is:

Valid because either co-occupant with shared access may consent on behalf of both
Valid if the consenting co-occupant has greater access rights to the searched area
Invalid because the physically present, objecting co-occupant's refusal overrides the consenting co-occupant's permission (Correct answer)
Invalid but any evidence found may still be admitted under the good faith exception

Correct answer: Invalid because the physically present, objecting co-occupant's refusal overrides the consenting co-occupant's permission

Georgia v. Randolph held that a warrantless search conducted over the explicit objection of a physically present co-occupant is unconstitutional even when another co-occupant consents.

Question 14: Congress enacts a law that delegates broad regulatory authority to an executive agency to regulate 'in the public interest.' Under the non-delegation doctrine, this delegation is most likely:

Unconstitutional because only courts may make binding legal rules
Constitutional as long as it contains some intelligible principle guiding the agency (Correct answer)
Constitutional only if Congress retains a legislative veto
Unconstitutional because it lacks an intelligible principle

Correct answer: Constitutional as long as it contains some intelligible principle guiding the agency

The non-delegation doctrine requires that Congress provide an intelligible principle to guide executive discretion; historically, courts have upheld very broad delegations so long as some guiding standard exists.

Question 15: Oregon allocates surface water rights primarily under:

The prior appropriation doctrine, awarding priority based on first beneficial use (Correct answer)
The riparian doctrine, giving adjacent landowners equal shares of water flow
Federal interstate compact allocations administered by the Army Corps of Engineers
A hybrid system where riparian rights govern rivers and appropriation governs lakes

Correct answer: The prior appropriation doctrine, awarding priority based on first beneficial use

Oregon follows the prior appropriation doctrine (ORS Chapter 537) — 'first in time, first in right' — under which water rights are based on the date of first beneficial use rather than land adjacency.

Question 16: A homeowner hires a contractor to install Brand X pipes. The contractor installs Brand Y pipes of equal quality. The homeowner refuses to pay. Which result best applies the doctrine of substantial performance?

The homeowner may rescind and recover all prior payments made
The homeowner owes the full contract price because Brand Y is equal quality
The homeowner owes the contract price minus the cost to replace the pipes with Brand X (Correct answer)
The homeowner owes nothing because the exact specification was not met

Correct answer: The homeowner owes the contract price minus the cost to replace the pipes with Brand X

Substantial performance entitles the contractor to the contract price minus the cost to cure the minor deviation, provided the breach was not willful.

Question 17: What is the doctrine of res ipsa loquitur?

A rule that eliminates the need for expert testimony
A requirement that the plaintiff must prove every element independently
An inference of negligence when the accident would not normally occur without it and the defendant had control (Correct answer)
A defense available only to medical professionals

Correct answer: An inference of negligence when the accident would not normally occur without it and the defendant had control

Res ipsa loquitur allows an inference of negligence when the accident type normally requires negligence and the instrumentality was under the defendant's exclusive control.

Question 18: Which of the following actions by a state is most clearly prohibited by the Contract Clause of Article I, Section 10?

Regulating the procedural enforcement of existing contracts
Passing a law that modifies future contracts between private parties
Taxing income derived from existing contracts
Passing a law that substantially impairs existing private contractual obligations without adequate justification (Correct answer)

Correct answer: Passing a law that substantially impairs existing private contractual obligations without adequate justification

The Contract Clause prohibits states from passing any law impairing the obligation of existing contracts, and substantial impairment of private contracts is subject to heightened scrutiny under Home Building & Loan Ass'n v. Blaisdell.

Question 19: Under Oregon's rules, when must a party file a motion for summary judgment?

After the close of discovery but before trial (Correct answer)
Before the discovery process begins
Any time during the trial
Only during trial

Correct answer: After the close of discovery but before trial

Under Oregon's rules of civil procedure, a party typically files a motion for summary judgment after the close of discovery but before the trial begins. This timing allows parties to gather all relevant evidence through discovery and then argue that there are no genuine issues of material fact, entitling them to judgment as a matter of law. Filing too early might be premature, and too late would disrupt trial proceedings.

Question 20: Under APA §706, the 'arbitrary and capricious' standard requires a reviewing court to:

Independently re-weigh the evidence and substitute its judgment for the agency's on policy matters
Uphold all agency rules that have any conceivable rational basis, however weak
Apply strict scrutiny whenever the agency rule implicates a protected constitutional interest
Ensure the agency considered relevant factors and articulated a rational connection between facts and the decision (Correct answer)

Correct answer: Ensure the agency considered relevant factors and articulated a rational connection between facts and the decision

Arbitrary and capricious review requires agencies to examine relevant factors and explain their reasoning, but courts do not substitute their own policy judgment for the agency's.

Question 21: What constitutes a fixture in real property law?

Personal property that has become permanently attached to real property (Correct answer)
Any item found on the property
Government-installed improvements only
Only structural elements like walls and roofs

Correct answer: Personal property that has become permanently attached to real property

A fixture is personal property that has been attached to real property in a manner suggesting permanence, becoming part of the realty and transferring with the property.

Question 22: A government employee is fired for making statements to a supervisor about office budget mismanagement in the course of performing official duties. Under Garcetti v. Ceballos, this termination is:

Constitutional only if the government shows a compelling interest in the termination
Unconstitutional because the speech addressed a matter of public concern
Unconstitutional because government employees retain First Amendment rights
Constitutional because speech made pursuant to official duties is not protected by the First Amendment (Correct answer)

Correct answer: Constitutional because speech made pursuant to official duties is not protected by the First Amendment

Garcetti v. Ceballos held that when public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the government may discipline them for such speech.

Question 23: A grantor conveys Blackacre 'to A so long as the land is used for agricultural purposes.' This language creates:

A life estate in A measured by A's life
A fee simple subject to condition subsequent with a right of entry in the grantor
A fee simple absolute in A
A fee simple determinable with a possibility of reverter in the grantor (Correct answer)

Correct answer: A fee simple determinable with a possibility of reverter in the grantor

The durational language 'so long as' creates a fee simple determinable, which automatically terminates and reverts to the grantor upon cessation of the stated use, without any need for re-entry.

Question 24: For an agency action to be considered 'ripe' for judicial review, courts require:

A showing that the agency has already begun enforcement proceedings against the petitioner
That the action be final and that the legal issues be fit for review and withholding review would cause hardship (Correct answer)
Complete exhaustion of all possible administrative remedies without exception
Filing of a lawsuit as soon as the agency publishes a proposed rule in the Federal Register

Correct answer: That the action be final and that the legal issues be fit for review and withholding review would cause hardship

Ripeness requires both fitness—the legal issues are developed enough for review—and hardship—the parties would suffer real harm if review were delayed.

Question 25: What is specific performance as a contract remedy?

A penalty clause in the contract
A court order requiring the breaching party to perform their contractual obligations (Correct answer)
A performance evaluation of contract compliance
A monetary payment calculated at a specific rate

Correct answer: A court order requiring the breaching party to perform their contractual obligations

Specific performance is an equitable remedy ordering the breaching party to actually perform their obligations, typically available when monetary damages are inadequate and the subject matter is unique.

Question 26: A successful entrapment defense requires showing:

Government inducement of the crime and the defendant's lack of predisposition to commit it (Correct answer)
Government agents provided a mere opportunity to commit the crime
Only the defendant's good character and prior clean record
The crime was a federal offense investigated by federal agents

Correct answer: Government inducement of the crime and the defendant's lack of predisposition to commit it

Entrapment requires both government inducement and the defendant's absence of predisposition to commit the crime.

Question 27: The constitutional requirement that an administrative adjudicator be free from bias and prejudgment is grounded in the:

First Amendment's guarantee of freedom to petition the government
Appointments Clause of Article II governing officer selection
Due Process Clause of the Fifth and Fourteenth Amendments (Correct answer)
Supremacy Clause requiring federal and state agencies to follow constitutional norms

Correct answer: Due Process Clause of the Fifth and Fourteenth Amendments

Due process requires a neutral and unbiased adjudicator; the Due Process Clause prohibits a decision-maker who has a direct financial or personal stake in the outcome.

Question 28: What is the key difference between a limited partnership (LP) and a limited liability partnership (LLP) under Oregon law?

An LP must have at least one general partner and one limited partner, while an LLP has no general or limited partners. (Correct answer)
An LP requires a formal partnership agreement, while an LLP does not.
An LP provides limited liability to all partners, while an LLP provides limited liability only to the general partners.
An LP allows for passive investment, while an LLP is designed for active business operations.

Correct answer: An LP must have at least one general partner and one limited partner, while an LLP has no general or limited partners.

The key difference lies in their structure and liability. A Limited Partnership (LP) must have at least one general partner, who bears unlimited personal liability, and at least one limited partner, whose liability is limited to their investment. In contrast, a Limited Liability Partnership (LLP) provides limited liability to all partners, meaning partners are generally not personally liable for the debts or liabilities of the partnership, including the negligence of other partners.

Question 29: When analyzing a search and seizure issue under the Oregon Constitution, Oregon courts will:

Apply federal standards unless the Oregon legislature has enacted a higher standard by statute
Apply identical standards to the federal Fourth Amendment analysis
Defer to U.S. Supreme Court interpretations of parallel constitutional provisions
Conduct an independent state constitutional analysis under Article I, Section 9 that may provide broader protections than federal minimums (Correct answer)

Correct answer: Conduct an independent state constitutional analysis under Article I, Section 9 that may provide broader protections than federal minimums

Oregon courts independently analyze Article I, Section 9 of the Oregon Constitution, which may afford greater protections than the federal Fourth Amendment, requiring attorneys to separately analyze both provisions.

Question 30: Under the political question doctrine, a court will decline to hear a constitutional challenge when:

The challenge involves a foreign affairs matter
The case presents a non-justiciable controversy
The issue is textually committed to another branch of government (Correct answer)
The plaintiff lacks standing to sue

Correct answer: The issue is textually committed to another branch of government

Under Baker v. Carr, the political question doctrine applies when there is a textually demonstrable constitutional commitment of the issue to a coordinate political department, among other factors.

Question 31: A plaintiff claims intentional infliction of emotional distress (IIED) in Oregon. Which element is REQUIRED?

Physical manifestation of emotional distress
Extreme and outrageous conduct by the defendant intended to cause severe emotional distress (Correct answer)
A pre-existing emotional or psychological vulnerability
The defendant's conduct must also constitute an independent tort

Correct answer: Extreme and outrageous conduct by the defendant intended to cause severe emotional distress

IIED in Oregon requires extreme and outrageous conduct, intent to cause or reckless disregard of the probability of causing severe emotional distress, and resulting severe emotional distress.

Oregon Bar Exam (NextGen UBE)

The Oregon Bar Exam is a NextGen Uniform Bar Examination testing foundational legal knowledge across 8 core subject areas through standalone multiple-choice questions, integrated question sets, and performance tasks. Adopted by Oregon in July 2026, it evaluates both doctrinal knowledge and practical lawyering skills required of newly licensed attorneys.

120

Questions

180 min

Time Limit

68%

To Pass

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These practice questions were written with AI tools. They are not real exam questions. Exam facts are checked against the official sources listed below. Not reviewed by a subject-matter expert. Editorial policy

Sources & references

Exam facts on this page (fees, format, dates, passing scores) are checked against these official sources; the date is our last check. Editorial policy

osbar.org — Fees, exam format, retake policy, test dates, score validity, exam dates, registration deadline, registration · verified Oct 2026
ncbex.org — Test delivery, passing score · verified Oct 2026