Pennsylvania Bar Examination (UBE) — Questions and Answers

Question 1: Pennsylvania's wrongful death statute, 42 Pa. C.S. § 8301, allows recovery for which categories of damages?

Financial contributions the decedent would have made to the family, plus loss of services, companionship, and guidance (Correct answer)
Pain and suffering of the decedent only
Punitive damages automatically
Only funeral and medical expenses

Correct answer: Financial contributions the decedent would have made to the family, plus loss of services, companionship, and guidance

Pennsylvania's wrongful death statute permits recovery of the pecuniary losses suffered by the decedent's survivors, including lost financial contributions, services, society, comfort, and guidance.

Question 2: A fixture in Pennsylvania is generally treated as real property. Under the UCC, a secured creditor's fixture filing prevails over the real property mortgagee if the fixture filing is recorded:

At any time before the mortgagee records
Within 10 days after the goods become fixtures
Before the mortgage is foreclosed upon
Before the goods become fixtures or within 20 days after the goods become fixtures (Correct answer)

Correct answer: Before the goods become fixtures or within 20 days after the goods become fixtures

Under UCC Article 9, a purchase money security interest in fixtures perfected by a fixture filing before or within 20 days of the goods becoming fixtures has priority over a conflicting real property mortgage.

Question 3: Under the Pennsylvania Wiretapping and Electronic Surveillance Control Act (18 Pa. C.S. § 5703), recording a private conversation without the consent of all parties is:

Only a civil violation
Permissible if one party consents
Permissible for law enforcement without a court order
A felony of the third degree (Correct answer)

Correct answer: A felony of the third degree

Pennsylvania is an all-party consent state under 18 Pa. C.S. § 5703; intercepting oral communications without all parties' consent is a third-degree felony.

Question 4: Pennsylvania courts measure damages for breach of a service contract primarily by:

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

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

Statutory cap damages
Punitive damages as a matter of right
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 6: Under Pa. R.E. 609, a witness's prior conviction may be used for impeachment purposes if the crime:

Occurred within the past 5 years only
Resulted in incarceration regardless of the sentence length
Was any criminal offense for which the witness was arrested
Was punishable by death or imprisonment for more than one year, subject to a probative/prejudice balancing test (Correct answer)

Correct answer: Was punishable by death or imprisonment for more than one year, subject to a probative/prejudice balancing test

Rule 609 permits impeachment with prior convictions for crimes punishable by death or imprisonment exceeding one year, subject to Rule 403 balancing for non-defendant witnesses and additional protections for defendants.

Question 7: Under Pennsylvania's rules, a party seeking summary judgment must show:

That the case involves only questions of law
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 opposing party's evidence is inadmissible
That the opposing party failed to respond to interrogatories

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 8: Under Pennsylvania eminent domain law, a property owner is entitled to 'just compensation' when the government takes private property. This amount is measured by:

The assessed tax value of the property
The property's fair market value at the time of the taking (Correct answer)
The owner's subjective value or replacement cost
The original purchase price adjusted for inflation

Correct answer: The property's fair market value at the time of the taking

Just compensation under the Fifth Amendment and Pennsylvania law equals the fair market value of the property at the time of the taking — what a willing buyer would pay a willing seller.

Question 9: 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?

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

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

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

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.

Question 11: What is the "Declaration of Rights" in the Pennsylvania Constitution?

A document separate from the constitution that lists individual rights
An amendment to the Pennsylvania Constitution
The first article of the Pennsylvania Constitution outlining the fundamental rights of citizens (Correct answer)
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 12: In Pennsylvania, what is the standard for determining child custody?

Joint custody is always preferred
Best interests of the child (Correct answer)
Primary caregiver preference
Best interests of the parents

Correct answer: Best interests of the child

In Pennsylvania, all child custody determinations are governed by the "best interests of the child" standard. Courts consider numerous factors, such as the child's physical, emotional, and developmental needs, and the ability of each parent to meet those needs. This standard prioritizes the child's well-being above all other considerations, including the parents' preferences.

Question 13: Under Pa. R.C.P. 227.1, a post-trial motion for a new trial or for judgment notwithstanding the verdict must be filed within how many days of the verdict?

30 days (Correct answer)
60 days
10 days
90 days

Correct answer: 30 days

Rule 227.1 requires post-trial motions to be filed within 10 days of the verdict; however, parties commonly file within the court's local rule deadline, and the rule specifies 10 days for the motion to be filed.

Question 14: Pennsylvania's affirmative defense of self-defense under 18 Pa. C.S. § 505 requires that the defendant:

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

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 15: In Pennsylvania, a complaint must be filed within the applicable statute of limitations, which for most personal injury claims is:

6 years
2 years (Correct answer)
4 years
1 year

Correct answer: 2 years

Under 42 Pa. C.S. § 5524, the statute of limitations for personal injury actions in Pennsylvania is two years from the date the cause of action accrues.

Question 16: Under Pennsylvania law, promissory estoppel requires the plaintiff to prove that the defendant made a promise that:

Was made in a commercial context between merchants
The promisor should reasonably have expected to induce reliance, which did in fact cause detrimental reliance (Correct answer)
Was supported by consideration and reduced to writing
Was acknowledged by two disinterested witnesses

Correct answer: The promisor should reasonably have expected to induce reliance, which did in fact cause detrimental reliance

Pennsylvania applies promissory estoppel where a promise was made that the promisor reasonably should have expected to induce reliance, the promisee did detrimentally rely, and injustice can only be avoided by enforcement.

Question 17: When a contract is ambiguous, Pennsylvania courts apply the parol evidence rule to:

Bar all extrinsic evidence regardless of the contract's clarity
Require expert testimony about trade usage
Admit prior oral agreements that vary the written contract's terms
Allow extrinsic evidence only to explain or clarify ambiguous terms, not to contradict the written agreement (Correct answer)

Correct answer: Allow extrinsic evidence only to explain or clarify ambiguous terms, not to contradict the written agreement

Pennsylvania's parol evidence rule bars extrinsic evidence to vary or contradict an integrated written agreement but permits such evidence to clarify genuine ambiguities in the contract's terms.

Question 18: What standard of review does the Pennsylvania Supreme Court use for free speech cases under the state constitution?

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

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 19: 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 20: Pennsylvania's felony-murder rule treats a killing that occurs during the commission of certain enumerated felonies as:

Third-degree murder
Involuntary manslaughter
Voluntary manslaughter
Second-degree murder (Correct answer)

Correct answer: Second-degree murder

Under 18 Pa. C.S. § 2502(b), second-degree murder covers killings committed while the defendant was engaged as a principal or accomplice in the commission of a felony enumerated in § 2502(d).

Question 21: 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?

Bargain and sale deed
General warranty deed (Correct answer)
Quitclaim deed
Special warranty 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 22: In Pennsylvania, who has the power to amend the state constitution?

The governor alone
The state legislature and the electorate (Correct answer)
The U.S. Congress
The Pennsylvania Supreme Court

Correct answer: The state legislature and the electorate

Amending the Pennsylvania Constitution is a two-step process involving both the state legislature and the electorate. Proposed amendments must first be approved by a majority vote in both the House and Senate in two consecutive legislative sessions. After legislative approval, the proposed amendment is then put to a vote by the qualified electors of the state in a statewide referendum.

Question 23: Pennsylvania adopted a modified comparative negligence system. Under 42 Pa. C.S. § 7102, a plaintiff may recover damages only if their own negligence is:

Zero percent
Not the sole proximate cause
Less than 51%
Less than 50% (does not exceed 50%) (Correct answer)

Correct answer: Less than 50% (does not exceed 50%)

Pennsylvania's comparative negligence statute bars recovery if the plaintiff's negligence is greater than the defendant's negligence (i.e., plaintiff cannot recover if their fault exceeds 50%).

Question 24: Pennsylvania uses the Frye standard (not Daubert) to evaluate the admissibility of novel scientific evidence, requiring that the methodology be:

Generally accepted in the relevant scientific community (Correct answer)
Based on a probability of at least 95%
Peer reviewed and published
Tested by the opposing party's expert

Correct answer: Generally accepted in the relevant scientific community

Pennsylvania has retained the Frye general-acceptance standard for novel scientific evidence, requiring that the underlying methodology be generally accepted by the relevant scientific community.

Question 25: In Pennsylvania, which document is required to form a corporation?

Articles of Organization
Articles of Incorporation (Correct answer)
Bylaws
Partnership Agreement

Correct answer: Articles of Incorporation

To legally form a corporation in Pennsylvania, the organizers must file "Articles of Incorporation" with the Pennsylvania Department of State. This foundational document provides essential information about the corporation, such as its name, purpose, and registered agent, officially establishing the entity's legal existence.

Question 26: When drafting a legal memorandum, what is the primary purpose of the “Issue” section?

To summarize the client’s position
To state the legal question(s) to be addressed (Correct answer)
To list all possible outcomes of the case
To provide background information on the law

Correct answer: To state the legal question(s) to be addressed

The "Issue" section in a legal memorandum serves to precisely articulate the specific legal question(s) that the memorandum will analyze. It frames the central problem or controversy that needs to be resolved through legal research and analysis. Clearly stating the issue helps focus the legal argument and ensures that all relevant points are addressed in the subsequent discussion.

Question 27: Under Pennsylvania defamation law, a private-figure plaintiff need only prove which standard of fault to recover?

Strict liability
Gross negligence
Negligence (Correct answer)
Actual malice (knowledge of falsity or reckless disregard)

Correct answer: Negligence

Following Gertz v. Robert Welch and Pennsylvania's adoption thereof, private-figure plaintiffs must prove at least negligence by the defendant to recover compensatory damages for defamation.

Question 28: A restrictive covenant in a residential subdivision will run with the land at law and bind subsequent purchasers if which element is NOT satisfied?

The covenant touches and concerns the land
The original parties were strangers to the title (Correct answer)
The covenant is in writing
There is intent to bind successors

Correct answer: The original parties were strangers to the title

For a covenant to run with the land at law, the covenanting parties must be in privity of estate (typically grantor-grantee), not strangers to the title; stranger parties cannot create enforceable real covenants.

Question 29: Under Pennsylvania Rule of Civil Procedure 1038, what is the effect of a demand for a jury trial filed by any party?

The entire case proceeds before a jury (Correct answer)
The case is transferred to federal court
The judge must certify the case for class action treatment
Only the parties who filed the demand are entitled to a jury

Correct answer: The entire case proceeds before a jury

Under Rule 1038, once any party makes a timely demand for jury trial, all triable issues of fact are tried before a jury unless the parties thereafter stipulate to a non-jury trial.

Question 30: Pennsylvania's 'corpus delicti' rule historically required corroboration of a defendant's confession by proof that:

A co-conspirator confirmed the confession
A crime actually occurred, independent of the confession (Correct answer)
The defendant was at the scene of the crime
The defendant had a prior criminal record

Correct answer: A crime actually occurred, independent of the confession

The corpus delicti rule requires the prosecution to establish independent evidence that the crime occurred before a defendant's out-of-court confession can be admitted, preventing convictions based solely on unreliable confessions.

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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