South Carolina Bar Examination (UBE) — Questions and Answers

Question 1: What is the best evidence rule?

Original documents must be produced to prove their contents unless an exception applies (Correct answer)
Only the strongest evidence in a case is admissible
The party with the best evidence wins automatically
Physical evidence always takes priority over testimony

Correct answer: Original documents must be produced to prove their contents unless an exception applies

The best evidence rule requires the original writing, recording, or photograph when a party seeks to prove its contents, though copies may be admitted under certain exceptions.

Question 2: A regulated business claims an agency's enforcement decision was 'arbitrary and capricious.' That standard is met when the agency:

Relied on its own technical expertise
Acted without a rational basis, ignored relevant factors, or offered an explanation contrary to the evidence (Correct answer)
Took longer than thirty days to decide
Reached a result the business finds financially burdensome

Correct answer: Acted without a rational basis, ignored relevant factors, or offered an explanation contrary to the evidence

Arbitrary and capricious action lacks a rational basis, disregards relevant factors, or rests on reasoning contradicted by the record.

Question 3: Police receive an anonymous tip that a man at a Myrtle Beach bus stop is carrying a gun, with no predictive details. A frisk based solely on this tip is:

Valid because firearms create automatic exigency
Invalid only if the tip was made maliciously
Invalid under Florida v. J.L., because a bare anonymous tip lacks sufficient indicia of reliability (Correct answer)
Valid if the man matched the description

Correct answer: Invalid under Florida v. J.L., because a bare anonymous tip lacks sufficient indicia of reliability

Florida v. J.L. held that an uncorroborated anonymous tip about a gun does not supply reasonable suspicion for a stop and frisk.

Question 4: The political question doctrine directs courts to avoid deciding issues that are:

Related to constitutional amendments or the bill of rights
Politically controversial and likely to generate public criticism of the judiciary
Highly technical and beyond ordinary judicial expertise
Textually committed to another branch or that lack judicially manageable standards (Correct answer)

Correct answer: Textually committed to another branch or that lack judicially manageable standards

Under Baker v. Carr, courts decline to adjudicate issues where the Constitution textually commits the decision to the legislative or executive branch, or where there are no judicially manageable standards for resolution.

Question 5: Which South Carolina statute gives the public a right to inspect most records held by state agencies?

The Freedom of Information Act, S.C. Code § 30-4-10 et seq. (Correct answer)
The Tort Claims Act
The Uniform Commercial Code
The Setoff Debt Collection Act

Correct answer: The Freedom of Information Act, S.C. Code § 30-4-10 et seq.

The South Carolina Freedom of Information Act governs public access to agency records and meetings.

Question 6: Under the South Carolina Trust Code, is a trust presumed revocable or irrevocable when the instrument is silent?

Irrevocable unless the trust holds real property
Irrevocable, following the common law rule
Revocable, unless the terms expressly provide otherwise (Correct answer)
Revocable only if the settlor is also trustee

Correct answer: Revocable, unless the terms expressly provide otherwise

South Carolina adopted the Uniform Trust Code presumption that a trust is revocable unless its terms expressly state it is irrevocable.

Question 7: A tenant with a one-year lease remains in the apartment after the lease expires and the landlord accepts a monthly rent check. What tenancy is created?

A tenancy at will
A new one-year term of years
A tenancy at sufferance
A periodic tenancy (Correct answer)

Correct answer: A periodic tenancy

Acceptance of rent from a holdover tenant converts the tenancy at sufferance into a periodic tenancy measured by the rent payment interval.

Question 8: What is notice-and-comment rulemaking?

A rule that takes effect immediately without public input
A procedure where only affected businesses are notified
A legislative process for passing new laws
A process where agencies publish proposed rules, accept public comments, and issue final rules with responses to comments (Correct answer)

Correct answer: A process where agencies publish proposed rules, accept public comments, and issue final rules with responses to comments

Notice-and-comment (informal) rulemaking requires agencies to publish proposed rules in the Federal Register, allow public comment, and consider those comments before issuing a final rule.

Question 9: In South Carolina, a surviving spouse who is omitted from or dissatisfied with the deceased spouse's will may claim what share of the probate estate?

Dower in one-third of real property only
Nothing if the will was validly executed
An elective share of one-half
An elective share of one-third (Correct answer)

Correct answer: An elective share of one-third

South Carolina grants a surviving spouse an elective share of one-third of the decedent's probate estate under S.C. Code § 62-2-201.

Question 10: What is relevance in evidence law?

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

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 11: What is the standard for probable cause?

A mere hunch by law enforcement
Absolute certainty that a crime occurred
Facts and circumstances sufficient to warrant a reasonable person to believe a crime has been or is being committed (Correct answer)
Evidence beyond a reasonable doubt

Correct answer: Facts and circumstances sufficient to warrant a reasonable person to believe a crime has been or is being committed

Probable cause exists when there are sufficient facts and circumstances to lead a reasonable person to believe that criminal activity is afoot or evidence will be found.

Question 12: A homeowner promises to pay a landscaper $500 for work the landscaper already completed voluntarily last month. Is the promise enforceable?

No, because past consideration is not valid consideration (Correct answer)
Yes, because the promise is in writing
No, unless the landscaper is a merchant
Yes, because the landscaper conferred a benefit

Correct answer: No, because past consideration is not valid consideration

Past consideration cannot support a new promise because the bargained-for exchange element is missing.

Question 13: The Fifth Amendment's Double Jeopardy Clause prevents a defendant from:

Being retried for the same offense after an acquittal in the same sovereign's court (Correct answer)
Facing both criminal prosecution and civil liability arising from the same conduct
Being tried in both state and federal court for the same underlying acts
Being retried after a hung jury under any circumstances

Correct answer: Being retried for the same offense after an acquittal in the same sovereign's court

Double jeopardy bars retrial for the same offense after acquittal or conviction in the same sovereign's court; however, the dual sovereignty doctrine permits prosecution by both state and federal governments for the same acts.

Question 14: A witness gives testimony at trial inconsistent with a statement she made under oath at a prior deposition. For what purposes may the prior statement be used?

Neither, because it is hearsay
Impeachment only
Substantive evidence only
Both impeachment and substantive evidence, because it was given under oath at a proceeding (Correct answer)

Correct answer: Both impeachment and substantive evidence, because it was given under oath at a proceeding

A prior inconsistent statement given under oath at a trial, hearing, or deposition is non-hearsay and admissible substantively as well as to impeach.

Question 15: A party appealing an ALC decision argues the court should substitute its judgment on a discretionary sanction. The appellate court will reverse the sanction only if it constitutes:

A sanction imposed without legislative ratification
Any sanction harsher than a warning letter
An abuse of discretion, such as being arbitrary, capricious, or clearly excessive (Correct answer)
A penalty the appellant subjectively believes is unfair

Correct answer: An abuse of discretion, such as being arbitrary, capricious, or clearly excessive

Discretionary agency sanctions are reviewed for abuse of discretion, including arbitrary or capricious action.

Question 16: Police obtain 127 days of a suspect's historical cell-site location data from his carrier without a warrant. Under Carpenter v. United States, this is:

A Fourth Amendment search generally requiring a warrant (Correct answer)
A search only if the data covered more than one year
Lawful because business records lack privacy protection
Lawful under the third-party doctrine

Correct answer: A Fourth Amendment search generally requiring a warrant

Carpenter held that accessing extended historical CSLI is a search notwithstanding the third-party doctrine.

Question 17: An oral agreement to sell a parcel of land is followed by the buyer paying part of the price, taking possession, and building a barn. The seller raises the Statute of Frauds. The buyer's best argument is:

Payment alone always satisfies the statute
The statute applies only to leases
The part performance doctrine takes the contract out of the Statute of Frauds (Correct answer)
Land contracts never require a writing

Correct answer: The part performance doctrine takes the contract out of the Statute of Frauds

Part performance—typically payment plus possession or improvements—permits equitable enforcement of an oral land contract.

Question 18: A former government lawyer who worked personally and substantially on a regulatory investigation joins a private firm representing the investigation's target. The firm may continue the representation if:

The former government lawyer is timely screened, receives no part of the fee from the matter, and written notice is given to the government agency (Correct answer)
The former government lawyer works on the matter only in a supervisory role
The target client waives the conflict in writing
Two years have passed since the lawyer left government service

Correct answer: The former government lawyer is timely screened, receives no part of the fee from the matter, and written notice is given to the government agency

Rule 1.11 allows the firm to proceed with timely screening, no fee apportionment to the disqualified lawyer, and prompt written notice to the agency.

Question 19: In South Carolina, what is the general statute of limitations for a negligence action?

Two years
Six years
One year
Three years (Correct answer)

Correct answer: Three years

S.C. Code § 15-3-530 sets a three-year limitations period for most tort claims, including negligence.

Question 20: A dry cleaner's employment contract bars a departing employee from working in any laundry business anywhere in South Carolina for ten years. A South Carolina court will most likely:

Enforce it only against managerial employees
Refuse to enforce the covenant as unreasonably broad, since SC courts disfavor blue-penciling (Correct answer)
Enforce it as written because the employee agreed
Rewrite the covenant to a reasonable scope and enforce it

Correct answer: Refuse to enforce the covenant as unreasonably broad, since SC courts disfavor blue-penciling

South Carolina strictly construes non-competes and generally refuses to rewrite overbroad restraints, voiding covenants unreasonable in time or territory.

Question 21: Which South Carolina court has exclusive jurisdiction over divorce, alimony, and child custody matters?

The magistrate court
The circuit court
The probate court
The family court (Correct answer)

Correct answer: The family court

South Carolina's family courts have exclusive jurisdiction over domestic relations matters, including divorce, custody, and support.

Question 22: A city condemns a strip of private land for a road and offers compensation based on the land's value years before the taking. The owner objects. What measure of compensation does the Fifth Amendment require?

The value most favorable to the government
The owner's original purchase price
Fair market value at the time of the taking (Correct answer)
Replacement cost of any structures

Correct answer: Fair market value at the time of the taking

Just compensation under the Fifth Amendment is measured by the property's fair market value at the time of the taking.

Question 23: A doctrine requiring a litigant to pursue all available agency remedies before seeking judicial relief is known as:

Sovereign immunity
Collateral estoppel
Exhaustion of administrative remedies (Correct answer)
The rule against perpetuities

Correct answer: Exhaustion of administrative remedies

Exhaustion requires completion of the administrative process before courts will intervene.

Question 24: 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)
All conversations between married people are privileged forever
Spousal privilege only applies in divorce proceedings

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 25: A seller repudiates a contract for 1,000 bushels of corn. The buyer reasonably purchases substitute corn at a higher price. The buyer's cover damages equal:

The full cover price paid
Cover price minus contract price, plus incidental and consequential damages (Correct answer)
Only incidental damages
Contract price minus market price at tender

Correct answer: Cover price minus contract price, plus incidental and consequential damages

Under UCC 2-712, a covering buyer recovers the difference between cover and contract price plus incidental and consequential damages, less expenses saved.

Question 26: Under Argersinger v. Hamlin and Scott v. Illinois, the Sixth Amendment right to appointed counsel applies:

To any offense for which imprisonment is actually imposed as a sentence (Correct answer)
Only to capital cases where the death penalty is sought
Only to felonies carrying a maximum sentence exceeding one year
To all criminal prosecutions regardless of the potential or actual punishment

Correct answer: To any offense for which imprisonment is actually imposed as a sentence

Scott v. Illinois clarified that the Sixth Amendment right to appointed counsel is triggered when the defendant is actually sentenced to imprisonment, not merely by the possibility of incarceration for the offense charged.

Question 27: What is the statute of frauds?

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

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 28: A zoning ordinance is enacted after a store has lawfully operated for years in what is now a residential zone. What is the store's status?

A use requiring a new variance to continue
A lawful nonconforming use that may generally continue (Correct answer)
A spot zone that invalidates the ordinance
An illegal use subject to immediate closure

Correct answer: A lawful nonconforming use that may generally continue

A use lawfully established before a zoning change is a nonconforming use that may continue, though it typically cannot be expanded.

Question 29: A federal case becomes moot when:

Changed circumstances eliminate the live controversy, leaving no effective relief for the court to grant (Correct answer)
The defendant prevails on a motion for summary judgment
The plaintiff fails to state a claim upon which relief can be granted
The statute of limitations on the underlying claim has expired before filing

Correct answer: Changed circumstances eliminate the live controversy, leaving no effective relief for the court to grant

Mootness ends a federal court's jurisdiction because Article III requires a live case or controversy; if events make it impossible to grant any effectual relief, the case must be dismissed.

Question 30: In South Carolina, which court has exclusive jurisdiction over the trial of most criminal offenses carrying more than 30 days' imprisonment?

Magistrate court
The Court of Common Pleas
The Court of General Sessions (Correct answer)
Probate court

Correct answer: The Court of General Sessions

The Court of General Sessions is South Carolina's criminal trial court for offenses beyond magistrate/municipal jurisdiction.

South Carolina Bar Examination (UBE)

The South Carolina Bar Exam is the Uniform Bar Examination (UBE) administered over two days, testing knowledge of general law through the MBE (200 multiple-choice questions), MEE (6 essays), and MPT (2 performance tests). A scaled score of 266 out of 400 is required to pass.

Questions

55 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