Pennsylvania Bar Examination (UBE) — Questions and Answers

Question 1: Pennsylvania's PWID (Possession with Intent to Deliver) statute, 35 Pa. C.S. § 780-113(a)(30), allows intent to be inferred from:

A single witness's testimony that they saw a sale
The quantity of drugs, packaging, presence of scales or cash, and other circumstantial evidence (Correct answer)
The proximity to a school zone
The defendant's prior drug convictions alone

Correct answer: The quantity of drugs, packaging, presence of scales or cash, and other circumstantial evidence

Pennsylvania courts permit the jury to infer intent to deliver from circumstantial evidence including the quantity of the controlled substance, packaging consistent with distribution, scales, cash, and similar indicators.

Question 2: How does the Pennsylvania Constitution address the issue of equality compared to the U.S. Constitution?

It only mentions equality in the context of voting rights
It provides broader protections for equality (Correct answer)
It mirrors the U.S. Constitution’s equal protection clause exactly
It limits protections for equality to race and gender

Correct answer: It provides broader protections for equality

The Pennsylvania Constitution, particularly Article I, Section 29 (the Equal Rights Amendment), is generally interpreted by Pennsylvania courts to provide broader and more explicit protections for equality than the Equal Protection Clause of the U.S. Constitution. This state-level ERA prohibits discrimination based on sex and has been applied to various other forms of discrimination, often requiring strict scrutiny.

Question 3: Pennsylvania recognizes which type of damages in negligence actions to compensate for non-economic losses such as pain and suffering?

Punitive damages as a matter of right
Statutory cap damages
Nominal damages only
General (non-economic) damages (Correct answer)

Correct answer: General (non-economic) damages

Pennsylvania allows recovery of general non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life in personal injury cases; Pennsylvania does not cap non-economic damages in most cases.

Question 4: Pennsylvania's Statute of Frauds requires a writing for contracts involving the sale of goods for $500 or more under:

Pennsylvania's adoption of UCC Article 2
Common law parol evidence rule
The Restatement (Second) of Contracts
The Pennsylvania Commercial Code § 2201 (Correct answer)

Correct answer: The Pennsylvania Commercial Code § 2201

Under 13 Pa. C.S. § 2201 (Pennsylvania's UCC Article 2), contracts for the sale of goods priced at $500 or more must be evidenced by a writing signed by the party against whom enforcement is sought.

Question 5: Under Pa. R.C.P. 1042.3, a plaintiff asserting a professional liability claim must file what document within 60 days of filing the complaint?

A notice of intent to litigate
A certificate of merit (Correct answer)
A pre-trial statement
An expert witness disclosure

Correct answer: A certificate of merit

Rule 1042.3 requires a certificate of merit signed by counsel or a licensed professional stating that a qualified expert has opined that the defendant deviated from the applicable standard of care.

Question 6: In Pennsylvania legal practice, what is the importance of “precedent” in legal analysis?

It is used only in appellate courts
It establishes binding legal principles that must be followed (Correct answer)
It serves as a persuasive but non-binding guideline
It is used to introduce new laws

Correct answer: It establishes binding legal principles that must be followed

Precedent, or stare decisis, is a cornerstone of the common law system in Pennsylvania. It mandates that courts follow legal principles established in prior decisions by higher courts in similar cases. This ensures consistency, predictability, and fairness in the application of the law, guiding future judicial rulings and providing stability to the legal system.

Question 7: Under Pa. R.E. 612, if a witness uses a writing to refresh their memory before testifying, the adverse party:

Is entitled to inspect the writing and may use it to cross-examine the witness (Correct answer)
Has no right to see the document
May object to its use on hearsay grounds
Must obtain a subpoena before viewing the document

Correct answer: Is entitled to inspect the writing and may use it to cross-examine the witness

Rule 612 gives the adverse party the right to inspect any writing used to refresh a witness's memory, to cross-examine on it, and to introduce relevant portions into evidence.

Question 8: Under Pennsylvania's rules, a party seeking summary judgment must show:

That the opposing party's evidence is inadmissible
That the opposing party failed to respond to interrogatories
That there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law (Correct answer)
That the case involves only questions of law

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

Under Pa. R.C.P. 1035.2, a court shall enter summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Question 9: Under Pennsylvania law, which deed provides the greatest protection to a grantee by including covenants of seisin, quiet enjoyment, right to convey, freedom from encumbrances, warranty, and further assurances?

Special warranty deed
General warranty deed (Correct answer)
Bargain and sale deed
Quitclaim deed

Correct answer: General warranty deed

A general warranty deed contains all six covenants of title protecting the grantee against defects arising from the grantor's entire chain of title, providing the broadest protection.

Question 10: Under Pennsylvania law, a defendant in a negligence action may be held liable for the plaintiff's full damages even if only a minor contributing cause, under which doctrine?

The last clear chance rule
Res ipsa loquitur
Joint and several liability (abolished for most cases) (Correct answer)
Superseding cause

Correct answer: Joint and several liability (abolished for most cases)

Pennsylvania partially retained joint and several liability: a defendant found more than 60% liable may be jointly and severally liable for the plaintiff's entire damages, while defendants less than 60% at fault pay only their proportionate share.

Question 11: Which Pennsylvania procedural mechanism allows a party to challenge the legal sufficiency of a complaint without raising factual defenses?

Motion for summary judgment
Petition for review
Motion in limine
Preliminary objections in the nature of a demurrer (Correct answer)

Correct answer: Preliminary objections in the nature of a demurrer

Preliminary objections in the nature of a demurrer under Pa. R.C.P. 1028 challenge whether the complaint states a legally sufficient claim accepting all well-pleaded facts as true.

Question 12: Under Pennsylvania strict liability law (Restatement (Second) of Torts § 402A), a product is defective when it:

Has not been approved by a federal regulatory agency
Causes any injury to any consumer
Lacks a warning label
Is in a defective condition unreasonably dangerous to the user or consumer (Correct answer)

Correct answer: Is in a defective condition unreasonably dangerous to the user or consumer

Pennsylvania adopted § 402A strict products liability, which requires that the product be in a defective condition unreasonably dangerous to the user or consumer; the defect may be in design, manufacture, or failure to warn.

Question 13: What is the primary function of the Pennsylvania Supreme Court?

To create new laws
To interpret the Pennsylvania Constitution (Correct answer)
To veto state legislation
To enforce state laws

Correct answer: To interpret the Pennsylvania Constitution

The Pennsylvania Supreme Court is the highest court in the Commonwealth and its primary function is to interpret the Pennsylvania Constitution and state laws. It serves as the final arbiter of legal disputes within the state's judicial system, ensuring consistency and adherence to constitutional principles. While it oversees the judiciary, its core role is judicial review and interpretation.

Question 14: Under Pa. R.E. 801(d)(2), which statement is defined as 'not hearsay' when offered against a party?

A co-conspirator's statement made after the conspiracy ended
A statement by the party's attorney in a deposition
A party's own out-of-court statement offered against that party (Correct answer)
A business record created by the party

Correct answer: A party's own out-of-court statement offered against that party

Rule 801(d)(2) classifies an opposing party's own statement as non-hearsay when it is offered against that party, regardless of whether it was against the party's interest when made.

Question 15: What is the "Declaration of Rights" in the Pennsylvania Constitution?

The first article of the Pennsylvania Constitution outlining the fundamental rights of citizens (Correct answer)
A document separate from the constitution that lists individual rights
An amendment to the Pennsylvania Constitution
A preamble to the Pennsylvania Constitution

Correct answer: The first article of the Pennsylvania Constitution outlining the fundamental rights of citizens

The "Declaration of Rights" is Article I of the Pennsylvania Constitution and serves as a foundational statement of the fundamental rights and liberties guaranteed to the citizens of the Commonwealth. It enumerates various individual rights, often providing broader protections than those found in the U.S. Constitution, and establishes the principles upon which the state government operates.

Question 16: Pennsylvania courts measure damages for breach of a service contract primarily by:

The contract price minus any payments already made
The cost of completion or the diminution in market value, whichever is less (Correct answer)
Always the cost of completion regardless of cost
Always the diminution in market value regardless of circumstances

Correct answer: The cost of completion or the diminution in market value, whichever is less

Pennsylvania follows the general rule that damages for breach of a construction or service contract are the lesser of the cost of completion or the diminution in market value, preventing economic waste.

Question 17: Under Pennsylvania law, the insanity defense (18 Pa. C.S. § 315) provides a complete defense when:

The defendant was involuntarily medicated
The defendant's IQ tested below 70
The defendant, as a result of mental disease or defect, lacked substantial capacity to appreciate the wrongfulness of the conduct (Correct answer)
The defendant had any mental illness at the time of the crime

Correct answer: The defendant, as a result of mental disease or defect, lacked substantial capacity to appreciate the wrongfulness of the conduct

Pennsylvania's insanity defense under § 315 requires that the defendant, as a result of mental disease or defect, lacked substantial capacity to appreciate the criminality (wrongfulness) of the conduct.

Question 18: Under Pennsylvania's Marketable Title Act, a person who holds a chain of title for at least how many years has a marketable record title free of interests arising prior to that period?

60 years
21 years
50 years (Correct answer)
40 years

Correct answer: 50 years

Pennsylvania's Marketable Record Title Act provides that a person with an unbroken chain of title for 50 years holds marketable record title, extinguishing prior interests not preserved by re-recording.

Question 19: Under Pennsylvania law, when a contract is rescinded for mutual mistake, the remedy is typically:

Punitive damages
Specific performance
Expectation damages
Restoration of the parties to their pre-contract positions (Correct answer)

Correct answer: Restoration of the parties to their pre-contract positions

Rescission for mutual mistake unwinds the contract and requires each party to return what was received so that both are restored to their pre-contractual positions.

Question 20: Under the Rule Against Perpetuities, a contingent remainder is void unless it must vest, if at all, within:

21 years after the interest is created
100 years from the date of conveyance
A life in being at the creation of the interest plus 21 years (Correct answer)
A life in being at the grantor's death plus 21 years

Correct answer: A life in being at the creation of the interest plus 21 years

The common law Rule Against Perpetuities requires that an interest vest, if at all, within a life in being at the creation of the interest plus 21 years.

Question 21: Under Pennsylvania law, which doctrine prevents enforcement of a contract term that is oppressively one-sided and was imposed on a weaker party without meaningful choice?

Mutual mistake
Anticipatory repudiation
Unconscionability (Correct answer)
Promissory estoppel

Correct answer: Unconscionability

Pennsylvania courts apply the unconscionability doctrine to refuse enforcement of contract terms that are procedurally unconscionable (unfair bargaining) and substantively unconscionable (unfair terms).

Question 22: Pennsylvania's compulsory arbitration program applies to civil claims where the amount in controversy does not exceed:

$25,000 (Correct answer)
$50,000
$5,000
$100,000

Correct answer: $25,000

Under 42 Pa. C.S. § 7361 and local rules, compulsory arbitration applies to civil claims where the amount in controversy does not exceed $50,000 in most judicial districts, though some set a lower threshold at $25,000.

Question 23: Under Pennsylvania law, the tort of false imprisonment requires that the plaintiff was:

Held for more than 24 hours
Falsely accused of a crime in writing
Detained by a law enforcement officer without cause
Confined within fixed boundaries by an act or omission that was intentional and that the plaintiff was aware of or harmed by (Correct answer)

Correct answer: Confined within fixed boundaries by an act or omission that was intentional and that the plaintiff was aware of or harmed by

Pennsylvania's false imprisonment requires intentional confinement within fixed boundaries of which the plaintiff was aware or by which the plaintiff was actually harmed, even if the confinement was brief.

Question 24: Pennsylvania's affirmative defense of self-defense under 18 Pa. C.S. § 505 requires that the defendant:

Prove justification beyond a reasonable doubt
Reasonably believe that deadly force is immediately necessary to protect against death or serious bodily injury (Correct answer)
Have first reported the threat to police
Always retreat before using deadly force regardless of location

Correct answer: Reasonably believe that deadly force is immediately necessary to protect against death or serious bodily injury

Section 505 permits the use of deadly force in self-protection when the defendant reasonably believes it is immediately necessary to protect against death, serious bodily injury, kidnapping, or sexual intercourse by force.

Question 25: What standard of review does the Pennsylvania Supreme Court use for free speech cases under the state constitution?

Balancing test
Strict scrutiny (Correct answer)
Rational basis review
Intermediate scrutiny

Correct answer: Strict scrutiny

The Pennsylvania Supreme Court often applies a higher level of scrutiny, specifically strict scrutiny, when evaluating free speech claims under the state constitution's Article I, Section 7, compared to federal First Amendment analysis. This reflects Pennsylvania's tradition of robust protection for individual liberties, requiring the government to show a compelling state interest and narrowly tailored means to restrict speech.

Question 26: A Pennsylvania preliminary hearing serves what primary purpose?

To determine whether a prima facie case exists to hold the defendant for trial (Correct answer)
To allow the defendant to enter a guilty plea
To set the trial date and select a jury
To determine the defendant's guilt or innocence

Correct answer: To determine whether a prima facie case exists to hold the defendant for trial

The preliminary hearing in Pennsylvania is a prima facie hearing at which the Commonwealth must present evidence sufficient to establish that each element of the charged crime occurred and the defendant probably committed it.

Question 27: Under Pa. R.E. 803(6), business records are admissible as an exception to the hearsay rule if they were made:

After litigation commenced to document business losses
By an outside auditor retained specifically for trial
At or near the time of the recorded act by a person with knowledge, as a regular business practice, and kept in the regular course of business (Correct answer)
By any employee of the company regardless of personal knowledge

Correct answer: At or near the time of the recorded act by a person with knowledge, as a regular business practice, and kept in the regular course of business

Rule 803(6) requires that business records be created at or near the time of the event by a person with knowledge, pursuant to a regular business practice, and kept in the regular course of that business activity.

Question 28: Under the implied warranty of habitability in Pennsylvania residential leases, a landlord's breach allows a tenant to:

Sue only for damages after vacating the property
Vacate immediately without further obligation only if the property is condemned
Withhold rent, repair and deduct, or terminate the lease depending on the severity (Correct answer)
Terminate the lease only after giving 30 days' notice

Correct answer: Withhold rent, repair and deduct, or terminate the lease depending on the severity

When a landlord breaches the implied warranty of habitability, Pennsylvania tenants may withhold rent, repair the defect and deduct the cost, reduce rent, or terminate the lease depending on the circumstances.

Question 29: Under Pennsylvania Rule of Criminal Procedure 540, a preliminary arraignment must generally occur within how many hours of a defendant's arrest?

6 hours
48 hours
24 hours (Correct answer)
12 hours

Correct answer: 24 hours

Pa. R.Crim.P. 540 requires that a defendant be brought before a judicial officer for a preliminary arraignment without unnecessary delay, which courts have interpreted as within approximately 6 hours and is generally required within 24 hours of arrest.

Question 30: Under Pennsylvania law, a contract for the sale of real property must generally be evidenced by a writing to be enforceable under:

The UCC Article 2 Statute of Frauds
The Pennsylvania Real Estate Licensing Act
The Pennsylvania Statute of Frauds, 33 Pa. C.S. § 1 (Correct answer)
The Parol Evidence Rule

Correct answer: The Pennsylvania Statute of Frauds, 33 Pa. C.S. § 1

33 Pa. C.S. § 1 (Pennsylvania's Statute of Frauds) requires contracts for the sale of real property to be in writing and signed by the party to be charged.

Pennsylvania Bar Examination (UBE)

The Pennsylvania Bar Examination uses the Uniform Bar Examination (UBE) format, testing candidates across MBE multiple-choice questions, MEE essays, and MPT performance tasks to qualify for attorney licensure in Pennsylvania.

Questions

50 min

Time Limit

68%

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