Tennessee Bar Exam (UBE) — Questions and Answers

Question 1: Under Tennessee Rule of Criminal Procedure 5, a person arrested without a warrant must be taken before a magistrate for an initial appearance within:

A reasonable time without a fixed deadline
72 hours (Correct answer)
6 hours
12 hours

Correct answer: 72 hours

Tennessee Rule of Criminal Procedure 5 requires that a person arrested without a warrant be taken before a magistrate without unnecessary delay, generally interpreted as within 72 hours.

Question 2: Tennessee's Governor may veto legislation, but the General Assembly may override a veto by a vote of:

A simple majority of members present
Two-thirds of all members elected to each house (Correct answer)
Three-fifths of members present and voting
A majority of all elected members of each house

Correct answer: Two-thirds of all members elected to each house

Article III, Section 18 of the Tennessee Constitution allows the General Assembly to override a gubernatorial veto by a majority of all members elected to each house (not just those present).

Question 3: Under the Tennessee Rules of Evidence (TRE 401), evidence is relevant if it has what tendency?

Was obtained through lawful means by law enforcement
Makes a fact of consequence more or less probable than without the evidence (Correct answer)
Is directly related to the ultimate issue in dispute
Proves the defendant's guilt beyond a reasonable doubt

Correct answer: Makes a fact of consequence more or less probable than without the evidence

TRE 401 sets a low threshold: evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence.

Question 4: Tennessee's Uniform Residential Landlord and Tenant Act (URLTA) applies in counties with a population of at least:

100,000
50,000 (Correct answer)
25,000
75,000

Correct answer: 50,000

Tennessee's URLTA under T.C.A. § 66-28-101 applies automatically in counties with a population of 75,000 or more, though smaller counties may opt in.

Question 5: Tennessee's Uniform Administrative Procedures Act (UAPA, T.C.A. § 4-5-101 et seq.) governs rulemaking and contested cases before:

Federal agencies operating in Tennessee
State administrative agencies (Correct answer)
Municipal governments
Private arbitration panels

Correct answer: State administrative agencies

The Tennessee UAPA provides procedural rules for rulemaking and contested case hearings before Tennessee state administrative agencies.

Question 6: Interlocutory appeals in Tennessee civil cases are generally governed by:

TRCP Rule 54
TRAP Rule 9 (permissive interlocutory appeals)
Both TRAP Rule 9 and Rule 10 (Correct answer)
T.C.A. § 27-1-125

Correct answer: Both TRAP Rule 9 and Rule 10

Tennessee allows interlocutory appeals under both TRAP Rule 9 (permissive) and Rule 10 (extraordinary appeals), covering different circumstances.

Question 7: Which of the following subjects is NOT commonly tested on the MEE?

Constitutional Law
Tax Law (Correct answer)
Torts
Family Law

Correct answer: Tax Law

Contracts is one of the most frequently tested subjects on the Multistate Essay Examination (MEE). Its fundamental principles, including formation, breach, remedies, and defenses, are central to many legal disputes. A strong understanding of contract law is essential for success on the MEE, as it often appears in various forms and combinations with other subjects.

Question 8: In Tennessee, a deed must be acknowledged before a notary public or other officer to be eligible for recording, and a properly recorded deed provides:

Actual notice to all persons
Inquiry notice only to adjoining landowners
Notice only to parties named in the deed
Constructive notice to all subsequent purchasers (Correct answer)

Correct answer: Constructive notice to all subsequent purchasers

A properly recorded deed in Tennessee provides constructive notice to all subsequent purchasers and encumbrancers of the property, regardless of actual knowledge.

Question 9: Under Tennessee law, spousal support (alimony) may be awarded based on several factors. Which type of alimony is designed to be short-term to allow the economically disadvantaged spouse to gain education or training?

Alimony in solido
Alimony in futuro
Transitional alimony
Rehabilitative alimony (Correct answer)

Correct answer: Rehabilitative alimony

Tennessee Code Annotated § 36-5-121 defines rehabilitative alimony as support intended to assist the economically disadvantaged spouse in acquiring education, training, or skills to become self-sufficient.

Question 10: Under Tennessee law, the affirmative defense of self-defense generally requires that the defendant reasonably believed force was necessary to:

Protect property from any trespass
Prevent any possible harm
Prevent imminent death or serious bodily injury (Correct answer)
Respond to any verbal threat

Correct answer: Prevent imminent death or serious bodily injury

Tennessee's self-defense statute requires a reasonable belief that force was immediately necessary to protect against imminent death or serious bodily injury.

Question 11: In Tennessee, a mechanic's lien must generally be filed within how many days after the last day of furnishing labor or materials?

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

Correct answer: 90 days

Under T.C.A. § 66-11-112, a contractor or materialman must file a mechanic's lien within 90 days after the last day of furnishing labor or materials.

Question 12: Which of the following actions is considered an ethical violation concerning conflicts of interest?

Representing two clients with potentially conflicting interests without obtaining informed consent (Correct answer)
Seeking a waiver of the conflict from both clients after full disclosure
Representing clients in unrelated matters
Referring a client to another lawyer due to a conflict of interest

Correct answer: Representing two clients with potentially conflicting interests without obtaining informed consent

The primary duty of a lawyer when representing a client is to represent the client zealously within the bounds of the law. This means advocating for the client's interests diligently and competently, while always adhering to ethical rules and legal principles. It balances strong advocacy with the lawyer's obligations to the legal system and the administration of justice.

Question 13: In Tennessee, which court has general subject matter jurisdiction over civil cases with an amount in controversy exceeding $25,000?

Chancery Court
General Sessions Court
Probate Court
Circuit Court (Correct answer)

Correct answer: Circuit Court

Circuit Court in Tennessee has general jurisdiction over civil cases where the amount in controversy exceeds $25,000.

Question 14: Under the Tennessee Condominium Act (T.C.A. § 66-27-101 et seq.), each condominium unit owner holds:

A leasehold interest in their unit
A fee simple interest in their unit plus an undivided interest in common elements (Correct answer)
A tenancy in common in both their unit and all common areas equally
A cooperative share in the entire building

Correct answer: A fee simple interest in their unit plus an undivided interest in common elements

Tennessee's Condominium Act provides that each unit owner holds a fee simple interest in their individual unit together with an undivided percentage interest in the common elements.

Question 15: Under Tennessee landlord-tenant law, a residential landlord must return a security deposit or provide an itemized written statement of deductions within how many days of a tenant's vacation?

45 days
30 days (Correct answer)
14 days
21 days

Correct answer: 30 days

Tennessee Code Annotated § 66-28-301 requires a residential landlord to return the security deposit or provide an itemized written statement within 30 days after the tenant vacates.

Question 16: Under TRE 404(b), evidence of other crimes, wrongs, or acts may be admissible to prove which of the following?

Only the specific plan or scheme for the crime charged
The defendant's bad character as relevant background
Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (Correct answer)
That the defendant has a propensity to commit crimes of the same type

Correct answer: Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

TRE 404(b) prohibits other-acts evidence to prove propensity but permits it for non-character purposes such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

Question 17: When drafting a persuasive brief on the MPT, what is the most important aspect to consider?

The length of the brief
The strength and clarity of the argument for the client (Correct answer)
The use of legal jargon
The ability to argue both sides equally

Correct answer: The strength and clarity of the argument for the client

In an MPT task requiring a legal memorandum, the analysis section is typically the most important to focus on. This is where you apply the law to the facts, discuss the strengths and weaknesses of the client's position, and develop your legal reasoning. A thorough and well-organized analysis demonstrates strong legal aptitude and earns the most points.

Question 18: Under the Tennessee UAPA, a final order in a contested case before a state agency may be appealed to:

The Governor's office for executive review
The federal administrative law courts
The Chancery Court in the county where the agency is located or the affected party resides (Correct answer)
The Tennessee Supreme Court directly

Correct answer: The Chancery Court in the county where the agency is located or the affected party resides

Under T.C.A. § 4-5-322, judicial review of a final agency order in a contested case is initiated in the Chancery Court of Davidson County or the county where the petitioner resides.

Question 19: What type of questions does the Torts section of the MBE primarily focus on?

Civil wrongs and liability for harm caused by negligence, intentional acts, or strict liability (Correct answer)
Issues of property law
Family law disputes
Contract enforcement

Correct answer: Civil wrongs and liability for harm caused by negligence, intentional acts, or strict liability

The parol evidence rule is a frequently tested doctrine under the MBE's Evidence section. This rule generally prevents parties to a written contract from introducing extrinsic evidence of prior or contemporaneous agreements that contradict the terms of the written contract. It ensures the finality and integrity of written agreements.

Question 20: In Tennessee, a petition for a domestic violence Order of Protection (OP) may be filed in which court?

Circuit Court only
General Sessions or Circuit Court with jurisdiction over the matter (Correct answer)
Juvenile Court only
Federal District Court

Correct answer: General Sessions or Circuit Court with jurisdiction over the matter

Under T.C.A. § 36-3-602, a domestic violence Order of Protection may be filed in General Sessions or Circuit Court (or Juvenile Court if a minor is involved), depending on the circumstances.

Question 21: In Tennessee, aggravated assault is generally elevated from simple assault when the assault:

Occurs between strangers
Involves a deadly weapon or causes serious bodily injury (Correct answer)
Is committed at night
Involves any physical contact

Correct answer: Involves a deadly weapon or causes serious bodily injury

Under T.C.A. § 39-13-102, assault is aggravated when it involves a deadly weapon or causes serious bodily injury to another.

Question 22: When approaching the MPT, what is the first step a candidate should take?

Carefully read the instructions to understand the specific task required (Correct answer)
Focus on the file and ignore the library
Begin writing immediately to maximize time
Skim through the provided materials to get a general sense of the task

Correct answer: Carefully read the instructions to understand the specific task required

The primary purpose of the Multistate Performance Test (MPT) is to assess practical legal skills in a real-world context, rather than just knowledge of substantive law. It evaluates a candidate's ability to analyze a client's file, apply relevant legal principles from a provided library, and communicate effectively in a legal document. This simulates tasks a new lawyer would perform.

Question 23: Under Tennessee's Residential Property Disclosure Act (T.C.A. § 66-5-201), a seller of residential real property must disclose known material defects to the buyer:

Only if the buyer's agent requests the disclosure
Only upon request at closing
Before or at the time of the purchase contract signing (Correct answer)
Within 3 days after contract execution

Correct answer: Before or at the time of the purchase contract signing

Tennessee's Residential Property Disclosure Act requires sellers to disclose known material defects before or at the time the buyer enters into a purchase contract.

Question 24: In Tennessee, venue is generally proper in the county where:

The defendant resides or the cause of action arose (Correct answer)
The plaintiff resides
The court is most convenient
The plaintiff's attorney practices

Correct answer: The defendant resides or the cause of action arose

Tennessee venue rules generally allow suit in the county where the defendant resides or where the cause of action arose.

Question 25: The Tennessee General Assembly consists of:

A unicameral legislature of 99 members
A Senate of 35 members and a House of 100 members
A Senate of 33 members and a House of 75 members
A Senate of 33 members and a House of 99 members (Correct answer)

Correct answer: A Senate of 33 members and a House of 99 members

The Tennessee General Assembly has a Senate of 33 members serving 4-year terms and a House of Representatives with 99 members serving 2-year terms.

Question 26: In Tennessee, a valid antenuptial (prenuptial) agreement requires all of the following EXCEPT:

Full financial disclosure by both parties
A written agreement signed by both parties
Voluntary execution without duress
Court approval before the wedding (Correct answer)

Correct answer: Court approval before the wedding

Tennessee prenuptial agreements under T.C.A. § 36-3-501 require writing, signatures, voluntary execution, and full disclosure, but do not require prior court approval.

Question 27: Tennessee's Constitution requires that all bills passed by the General Assembly relate to only one subject, which must be:

Expressed in the title of the bill (Correct answer)
Identified by the sponsoring member
Approved by a committee before reading
Listed in an attached summary document

Correct answer: Expressed in the title of the bill

Article II, Section 17 of the Tennessee Constitution requires that every bill be limited to one subject and that the subject be expressed in the title of the bill.

Question 28: Which of the following areas of law is most frequently tested on the Multistate Essay Examination (MEE)?

Intellectual Property
Bankruptcy Law
Contracts (Correct answer)
Maritime Law

Correct answer: Contracts

In an MPT task, if the provided case law conflicts with a candidate's previous legal knowledge, the candidate must rely on the case law provided in the library to resolve the task. The MPT is designed to test practical legal skills using the provided materials, and candidates are expected to work solely within the given universe of law. Ignoring the provided law will result in a lower score.

Question 29: In Tennessee, adverse possession requires possession that is actual, open, notorious, continuous, exclusive, and hostile for a period of:

5 years
7 years
20 years
10 years (Correct answer)

Correct answer: 10 years

Tennessee's adverse possession statute under T.C.A. § 28-2-101 requires 7 years of continuous, open, notorious, exclusive, and adverse possession under color of title.

Question 30: Which of the following is considered a violation of the duty of competence?

Taking on a case in an unfamiliar area of law but conducting thorough research
Charging a higher fee for more complex cases
Referring a client to a more experienced lawyer
Representing a client in a complex matter without sufficient preparation (Correct answer)

Correct answer: Representing a client in a complex matter without sufficient preparation

If a lawyer knows that their client intends to testify falsely in court, the proper ethical action is to advise the client against testifying falsely and, if necessary, withdraw from the case. A lawyer cannot knowingly offer false evidence or assist a client in committing perjury. If withdrawal is not possible, the lawyer may have to take remedial measures, potentially including disclosure to the tribunal, depending on the jurisdiction's rules.

Question 31: In Tennessee, consecutive sentencing for multiple convictions is governed by T.C.A. § 40-35-115. Which of the following justifies consecutive sentences?

Any two felony convictions
Defendant is a dangerous offender whose behavior indicates little or no regard for human life (Correct answer)
The same attorney represented the defendant in both cases
Both offenses occurred in the same county

Correct answer: Defendant is a dangerous offender whose behavior indicates little or no regard for human life

T.C.A. § 40-35-115 authorizes consecutive sentencing when a defendant is a dangerous offender whose conduct shows little regard for human life and no hesitation about endangering others.

Question 32: In an MPT task, if the provided case law conflicts with a candidate's previous legal knowledge, what should the candidate do?

Rely on the case law provided in the library to resolve the task (Correct answer)
Write about the conflict in detail
Use their own legal knowledge instead of the provided materials
Ignore the conflict and proceed

Correct answer: Rely on the case law provided in the library to resolve the task

When drafting a persuasive brief on the MPT, the most important aspect is the strength and clarity of the argument for the client. The goal is to advocate effectively for a specific position, using the provided facts and law to build a compelling case. A well-reasoned and clearly articulated argument is crucial for persuasion.

Question 33: Under TRE 609, a prior conviction may be used to impeach a witness if the crime was punishable by death or imprisonment exceeding one year, OR if the crime:

Was committed within the past five years of the current proceeding
Involved dishonesty or false statement, regardless of the potential punishment (Correct answer)
Resulted in actual incarceration of the witness
Was prosecuted in a court of record

Correct answer: Involved dishonesty or false statement, regardless of the potential punishment

TRE 609 allows impeachment by prior conviction for felonies (punishable by more than one year) and for any crime involving dishonesty or false statement regardless of the grade of offense.

Question 34: Tennessee's Parenting Plan Act requires divorcing parents with minor children to file a:

Joint financial affidavit for child support only
Permanent parenting plan detailing residential schedule and decision-making authority (Correct answer)
Custody bond with the court
Consent order approved by a guardian ad litem

Correct answer: Permanent parenting plan detailing residential schedule and decision-making authority

Tennessee Code Annotated § 36-6-404 requires parents to submit a permanent parenting plan that addresses the child's residential schedule and allocation of parental decision-making authority.

Question 35: Tennessee uses which approach for dividing marital property in a divorce?

Community property — split 50/50
Equitable distribution — fair but not necessarily equal (Correct answer)
Title theory — whoever holds title keeps the property
Contribution theory — split by financial contribution only

Correct answer: Equitable distribution — fair but not necessarily equal

Tennessee is an equitable distribution state under T.C.A. § 36-4-121, dividing marital property in a manner that is equitable (fair) but not necessarily equal.

Question 36: Under the Tennessee Rules of Civil Procedure, how many days does a defendant generally have to file an answer after being served with a complaint?

60 days
20 days
21 days
30 days (Correct answer)

Correct answer: 30 days

Under TRCP Rule 12.01, a defendant must serve an answer within 30 days after service of the summons and complaint.

Question 37: Under TRE 702, a witness may testify as an expert if their scientific, technical, or specialized knowledge will help the trier of fact AND:

The witness is qualified by knowledge, skill, experience, training, or education (Correct answer)
The witness has previously testified as an expert in Tennessee courts
The witness holds a professional license in the relevant field
The witness's methodology is accepted by a majority of experts in the field

Correct answer: The witness is qualified by knowledge, skill, experience, training, or education

TRE 702 requires that the expert be qualified by knowledge, skill, experience, training, or education — a broad standard that does not mandate formal credentials in every case.

Question 38: Which of the following is a key focus when answering a Constitutional Law question on the MEE?

State sovereignty
Corporate law principles
Jurisdiction over foreign nations
The balance between state and federal powers (Correct answer)

Correct answer: The balance between state and federal powers

If you are unsure of the exact legal rule applicable to a specific issue on the MEE, the best strategy is to state a general rule and apply it to the facts as best as you can. Examiners award points for identifying the issue and demonstrating a reasonable attempt at legal analysis, even if the precise rule is not perfectly recalled. Avoid leaving the issue blank or inventing a rule.

Question 39: Under the MBE's Criminal Law and Procedure section, what is the "mens rea" requirement for a crime?

The mental state or intent required to commit the crime (Correct answer)
The defense strategy used in a criminal trial
The physical act of the crime
The punishment prescribed for the crime

Correct answer: The mental state or intent required to commit the crime

The Torts section of the MBE primarily focuses on civil wrongs and the liability for harm caused to others. This encompasses negligence (duty, breach, causation, damages), intentional torts (e.g., battery, assault), and strict liability (e.g., for abnormally dangerous activities). The questions assess a candidate's understanding of when one party is legally responsible for another's injury.

Question 40: The Original Document Rule under TRE 1002 requires production of the original writing, recording, or photograph when:

Any document is offered into evidence at trial regardless of what it is being used to prove
The document is more than ten years old and its authenticity is disputed
The opposing party objects to the admission of a copy or duplicate
A party seeks to prove the contents of the writing, recording, or photograph (Correct answer)

Correct answer: A party seeks to prove the contents of the writing, recording, or photograph

TRE 1002 requires the original only when a party seeks to prove the contents of a writing, recording, or photograph; testimony about matters independent of the document's contents does not trigger this rule.

Question 41: Under Tennessee law, which of the following is separate property not subject to equitable distribution?

Appreciation on marital assets
Property inherited by one spouse during the marriage (Correct answer)
Income earned by either spouse during the marriage
Business profits earned during marriage

Correct answer: Property inherited by one spouse during the marriage

Under T.C.A. § 36-4-121(b)(2), property inherited by one spouse during the marriage is separate property and not subject to equitable distribution, unless commingled.

Question 42: Under TRE 801(c), hearsay is defined as a statement, other than one made by the declarant while testifying at trial, offered to prove:

Any fact that is disputed by the opposing party
The declarant's state of mind at the time of trial
The truth of the matter asserted in the statement (Correct answer)
A fact that the declarant personally observed

Correct answer: The truth of the matter asserted in the statement

TRE 801(c) defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted; if offered for another purpose (e.g., effect on listener), it is not hearsay.

Question 43: Under Tennessee law, grandparent visitation rights may be ordered by a court only when:

Denial of visitation would pose a substantial risk of harm to the child (Correct answer)
The grandparent requests any contact with the grandchild
The grandparents provided financial support to the child
One parent agrees to the visitation

Correct answer: Denial of visitation would pose a substantial risk of harm to the child

Under T.C.A. § 36-6-306, Tennessee courts may order grandparent visitation only upon finding that denying visitation would pose a substantial risk of harm to the child's emotional or mental well-being.

Question 44: The Tennessee Rules of Civil Procedure require that pleadings contain:

Specific dollar amounts for all claimed damages
A short and plain statement of the claim showing the pleader is entitled to relief (Correct answer)
Verified affidavits supporting each allegation
A detailed recitation of all evidence

Correct answer: A short and plain statement of the claim showing the pleader is entitled to relief

TRCP Rule 8.01 requires only a short and plain statement of the claim showing the pleader is entitled to relief, consistent with notice pleading.

Question 45: Tennessee's recording act is best characterized as a:

Race statute
Notice statute
Race-notice statute (Correct answer)
Pure possession statute

Correct answer: Race-notice statute

Tennessee follows a race-notice recording system under T.C.A. § 66-26-103, meaning a subsequent bona fide purchaser must both record first and take without notice of prior interests.

Question 46: Tennessee classifies felonies into how many classes?

4 classes (A through D)
3 classes (A, B, C)
6 classes (A through F)
5 classes (A through E) (Correct answer)

Correct answer: 5 classes (A through E)

Tennessee classifies felonies into five classes: Class A (most serious) through Class E (least serious), each carrying distinct sentencing ranges.

Question 47: Tennessee's Government Tort Liability Act (GTLA, T.C.A. § 29-20-101 et seq.) waives governmental immunity for local governments in cases involving:

Federal civil rights violations
All intentional torts by public employees
Negligent acts of employees within the scope of employment for specified functions (Correct answer)
Any discretionary acts of government employees

Correct answer: Negligent acts of employees within the scope of employment for specified functions

The Tennessee GTLA waives municipal and county immunity for injuries arising from negligent acts of employees within the scope of their employment for specified governmental functions, with certain exceptions.

Question 48: What is the primary duty of a lawyer when representing a client?

To guarantee a win for the client
To ensure the lawyer gets paid
To follow the client’s instructions without question
To represent the client zealously within the bounds of the law (Correct answer)

Correct answer: To represent the client zealously within the bounds of the law

To represent the client zealously within the bounds of the law. Lawyers must advocate for their clients vigorously while adhering to legal and ethical standards.

Question 49: Under Tennessee law, class actions are governed by:

TRCP Rule 23 (Correct answer)
Tennessee Consumer Protection Act exclusively
T.C.A. § 23-1-101
Federal Rule 23 as incorporated

Correct answer: TRCP Rule 23

Tennessee class actions are governed by TRCP Rule 23, which closely tracks the federal class action rule.

Question 50: A Tennessee Circuit Court judgment may be appealed to which court?

Tennessee Court of Appeals (Correct answer)
Federal District Court
Tennessee Supreme Court
Tennessee Court of Criminal Appeals

Correct answer: Tennessee Court of Appeals

Appeals from Tennessee Circuit Court civil judgments go to the Tennessee Court of Appeals as an intermediate appellate court.

Question 51: In an MPT task requiring a legal memorandum, which section is typically the most important to focus on?

The statement of facts
The analysis section (Correct answer)
The conclusion
The header

Correct answer: The analysis section

When approaching the MPT, the first and most crucial step is to carefully read the instructions to understand the specific task required. This includes identifying the audience, purpose, and format of the document you need to produce. Misunderstanding the instructions can lead to a poorly structured or irrelevant response, even with strong legal knowledge.

Question 52: Tennessee's putative father registry (T.C.A. § 36-2-318) requires an unmarried biological father to register within how many days of a child's birth to preserve his right to notice in adoption proceedings?

90 days
10 days
One year
30 days (Correct answer)

Correct answer: 30 days

An unmarried biological father must register with Tennessee's putative father registry within 30 days of the child's birth to receive notice of adoption proceedings.

Question 53: Under Tennessee's GTLA, governmental immunity is retained (not waived) for which type of acts?

Discretionary functions involving policy-level decisions (Correct answer)
Routine maintenance of public roads
Ministerial acts performed negligently
Negligent operation of government vehicles

Correct answer: Discretionary functions involving policy-level decisions

The GTLA retains governmental immunity for discretionary functions — policy-level decisions — as opposed to ministerial acts, for which immunity is waived.

Question 54: The Tennessee Claims Commission has exclusive jurisdiction over most tort claims against the State of Tennessee. The statute of limitations for filing a claim with the Commission is:

3 years
6 months
2 years
1 year (Correct answer)

Correct answer: 1 year

Under T.C.A. § 9-8-402, a claimant must file a claim with the Tennessee Claims Commission within one year of the injury or loss.

Question 55: Tennessee's Marketable Record Title Act (T.C.A. § 66-3-101) extinguishes interests that are not re-recorded within:

20 years
30 years (Correct answer)
50 years
40 years

Correct answer: 30 years

Tennessee's Marketable Record Title Act extinguishes interests that have not been re-recorded within 40 years of the root of title, simplifying title searches.

Question 56: Under Tennessee's attorney-client privilege (TRE 501), which communications are protected?

All oral and written communications between an attorney and any third party during litigation
Confidential communications between attorney and client made for the purpose of obtaining or providing legal advice (Correct answer)
Communications made in the presence of opposing counsel during settlement discussions
Any document in the attorney's file regardless of who created it or why

Correct answer: Confidential communications between attorney and client made for the purpose of obtaining or providing legal advice

The attorney-client privilege protects confidential communications between attorney and client made for the purpose of legal advice; the presence of unnecessary third parties or a non-legal purpose destroys the privilege.

Question 57: Under TRE 411, evidence that a person was or was not insured against liability is inadmissible to prove negligence, but may be admitted to prove:

That the defendant was professionally required to carry insurance
Agency, ownership, control, or the bias or interest of a witness (Correct answer)
The reasonable cost of insurance as a component of damages
The defendant's ability to satisfy a potential judgment against them

Correct answer: Agency, ownership, control, or the bias or interest of a witness

TRE 411 excludes liability insurance evidence to prove negligence or wrongful conduct, but allows it for other purposes such as proving agency, ownership, control, or to show a witness's bias or financial interest in the case.

Question 58: Tennessee's implied consent law provides that a driver who refuses a chemical sobriety test after a DUI arrest will:

Face immediate criminal charges for the refusal
Have their license revoked for one year for a first refusal (Correct answer)
Receive a civil fine only
Be entitled to a jury trial on the refusal

Correct answer: Have their license revoked for one year for a first refusal

Under T.C.A. § 55-10-406, a first refusal to submit to a chemical test results in a one-year license revocation under Tennessee's implied consent law.

Question 59: Which doctrine is often tested under the MBE's Evidence section?

The parol evidence rule (Correct answer)
The doctrine of consideration
The exclusionary rule
The rule against perpetuities

Correct answer: The parol evidence rule

When analyzing Torts on the Multistate Essay Examination (MEE), it is critical to address the four essential elements of a negligence claim: duty, breach, causation (both factual and proximate), and damages. A thorough discussion of each element, applying them to the given facts, demonstrates a comprehensive understanding of tort liability. This structured approach is key to earning points.

Question 60: Under TRE 803(4), statements made for purposes of medical diagnosis or treatment are admissible as a hearsay exception because:

Medical confidentiality laws independently guarantee the reliability of such statements
Medical providers are considered neutral experts whose records are inherently trustworthy
The statements are not hearsay because they are made to professionals rather than lay witnesses
The declarant has a strong motive to be truthful when seeking medical care, making the statements reliable (Correct answer)

Correct answer: The declarant has a strong motive to be truthful when seeking medical care, making the statements reliable

TRE 803(4) is premised on the rationale that a person seeking medical treatment has a strong self-interested motivation to be truthful, providing the necessary reliability for the hearsay exception.

Question 61: Under TRE 803(6), a business record is admissible as a hearsay exception if it was made:

Specifically for purposes of internal quality control and audit
At or near the time of the event by someone with knowledge, in the regular course of a regularly conducted business activity (Correct answer)
At any time as long as it is certified by the custodian of records
By a supervisor or manager with authority over the matter recorded

Correct answer: At or near the time of the event by someone with knowledge, in the regular course of a regularly conducted business activity

TRE 803(6) requires that the record be made at or near the time of the event by a person with knowledge, kept in the course of a regularly conducted business activity, and that it was the regular practice to make such records.

Question 62: Tennessee abolished the common-law Rule Against Perpetuities and replaced it with the Uniform Statutory Rule Against Perpetuities, which provides a wait-and-see period of:

Lives in being plus 21 years only
100 years
90 years (Correct answer)
21 years

Correct answer: 90 years

Tennessee adopted the Uniform Statutory Rule Against Perpetuities under T.C.A. § 66-1-202, providing a 90-year wait-and-see period for contingent interests.

Question 63: Under Tennessee constitutional law, Article XI, Section 8 of the Tennessee Constitution prohibits the General Assembly from passing laws that:

Grant privileges or immunities to individuals or corporations not equally applicable to all persons (Correct answer)
Create new state agencies without voter approval
Regulate business activities
Conflict with federal statutes

Correct answer: Grant privileges or immunities to individuals or corporations not equally applicable to all persons

Article XI, Section 8 of the Tennessee Constitution prohibits special legislation granting privileges or immunities to any individual, association, or corporation that are not equally available to all persons similarly situated.

Question 64: In Tennessee, the doctrine of res judicata bars relitigation when there is identity of:

Claims only
Parties and attorneys
Parties, claims, and a final judgment on the merits (Correct answer)
Parties only

Correct answer: Parties, claims, and a final judgment on the merits

Tennessee res judicata requires identity of parties, identity of claims, and a final judgment on the merits in the prior action.

Question 65: Under Tennessee law, the age at which a minor child's stated preference for custody is given significant weight by the court is:

Any age if the child is articulate
Age 14 and older
Age 12 and older (Correct answer)
Age 16 and older

Correct answer: Age 12 and older

Under T.C.A. § 36-6-106(a)(13), the preference of a child age 12 or older is given significant weight in Tennessee custody determinations, though the court retains discretion.

Question 66: Tennessee's open records law, the Tennessee Public Records Act (T.C.A. § 10-7-503), provides that public records must generally be made available for inspection within:

5 business days of the request
30 days of the written request
7 calendar days of the request
Immediately upon request during business hours (Correct answer)

Correct answer: Immediately upon request during business hours

The Tennessee Public Records Act requires public agencies to make records immediately available for inspection during business hours upon request, with limited exceptions.

Question 67: In Tennessee, legal separation (separate maintenance) differs from divorce primarily because:

It does not address property division
It requires a jury trial
It requires longer residency
The parties remain legally married and cannot remarry (Correct answer)

Correct answer: The parties remain legally married and cannot remarry

A Tennessee separate maintenance action allows courts to divide property and set support while the parties remain legally married, as opposed to a divorce which dissolves the marriage.

Question 68: Under TRE 901, the requirement of authentication or identification is satisfied by:

Testimony from at least two witnesses who can verify the item's origin
A notarized affidavit from the document's creator attesting to its authenticity
A certified chain-of-custody form completed by law enforcement personnel
Evidence sufficient to support a finding that the matter in question is what its proponent claims it to be (Correct answer)

Correct answer: Evidence sufficient to support a finding that the matter in question is what its proponent claims it to be

TRE 901(a) sets a minimal threshold: authentication is met by evidence sufficient to support a finding that the item is what the proponent claims, which can be accomplished through numerous methods listed in TRE 901(b).

Question 69: Under what circumstances can a lawyer charge a contingent fee?

In criminal cases to ensure payment
Only in personal injury cases
In any case
In civil cases where the fee is based on the outcome (Correct answer)

Correct answer: In civil cases where the fee is based on the outcome

Representing two clients with potentially conflicting interests without obtaining informed consent is a clear ethical violation concerning conflicts of interest. Lawyers have a duty of loyalty to their clients, and a conflict arises when representing one client would be directly adverse to another, or when there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client. Informed consent, confirmed in writing, is typically required to waive such conflicts.

Question 70: Under TRE 804(b)(1), former testimony is admissible as a hearsay exception when the declarant is unavailable AND:

The prior testimony was given at a proceeding in the same court
The party against whom it is offered had an opportunity and similar motive to develop the testimony by examination (Correct answer)
The party against whom it is offered was present at the prior proceeding
A complete transcript of the prior testimony is available and authenticated

Correct answer: The party against whom it is offered had an opportunity and similar motive to develop the testimony by examination

TRE 804(b)(1) requires unavailability plus that the party against whom the testimony is now offered had an opportunity and similar motive to examine the witness at the prior proceeding.

Question 71: Under TRCP Rule 26, parties in Tennessee civil litigation must generally:

File all evidence with the court before trial
Obtain court permission before any deposition
Make initial disclosures without awaiting a discovery request (Correct answer)
Limit discovery to interrogatories and document requests

Correct answer: Make initial disclosures without awaiting a discovery request

Tennessee Rule 26 requires parties to make initial disclosures of witnesses, documents, and damages computations without waiting for formal discovery requests.

Question 72: What should you do if you are unsure of the legal rule applicable to a specific issue on the MEE?

State a general rule and apply it to the facts as best as you can (Correct answer)
Make up a rule and apply it
State that you are unsure and move on
Skip the issue entirely

Correct answer: State a general rule and apply it to the facts as best as you can

Among the options, Tax Law is NOT commonly tested on the Multistate Essay Examination (MEE). The MEE typically covers subjects like Business Associations, Civil Procedure, Conflict of Laws, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Family Law, Real Property, Torts, Trusts and Estates, and Secured Transactions. Tax Law is generally considered a specialized area not part of the core MEE curriculum.

Question 73: Tennessee's comparative fault system for personal injury is best described as:

Pure contributory negligence
Pure comparative fault
Modified comparative fault with a 51% bar
Modified comparative fault with a 50% bar (Correct answer)

Correct answer: Modified comparative fault with a 50% bar

Tennessee follows a modified comparative fault system where a plaintiff is barred from recovery if their fault is 50% or greater (McIntyre v. Balentine).

Question 74: Under the Tennessee Open Meetings Act (T.C.A. § 8-44-101 et seq.), deliberations and decisions by governmental bodies must generally occur:

Only in sessions attended by a majority quorum
In writing and filed with the county clerk
In open meetings accessible to the public (Correct answer)
In private to protect deliberative process

Correct answer: In open meetings accessible to the public

Tennessee's Open Meetings Act (Sunshine Law) requires that meetings of governmental bodies at which official business is transacted be open to the public.

Question 75: Under TRE 407, evidence of subsequent remedial measures taken after an injury or harm is inadmissible to prove negligence. However, such evidence may be admitted to prove:

Ownership, control, or the feasibility of precautionary measures if those issues are controverted (Correct answer)
That the defendant had prior knowledge of the dangerous condition
The amount of damages the plaintiff suffered as a result of the defendant's conduct
The standard of care applicable in the relevant industry or profession

Correct answer: Ownership, control, or the feasibility of precautionary measures if those issues are controverted

TRE 407 bars subsequent remedial measures only to prove negligence or culpable conduct, but expressly permits such evidence to show ownership, control, or feasibility when those matters are genuinely disputed.

Question 76: In Tennessee, a default judgment may be set aside under TRCP Rule 55.02 upon showing of:

Any mistake by defendant's counsel
Filing of a notice of appeal
Agreement of the parties
Good cause shown (Correct answer)

Correct answer: Good cause shown

TRCP Rule 55.02 allows a court to set aside a default judgment for good cause shown, considering factors like culpability, prejudice, and meritorious defense.

Question 77: Tennessee's 'Castle Doctrine' under T.C.A. § 39-11-611 removes the duty to retreat when a person is:

In any public place
Facing any threat of force
Defending a third party
In their dwelling, residence, or vehicle (Correct answer)

Correct answer: In their dwelling, residence, or vehicle

Tennessee's Castle Doctrine eliminates the duty to retreat when a person is in their dwelling, residence, or vehicle and reasonably believes force is necessary.

Question 78: In Tennessee, a defendant's right to a speedy trial is protected under both the U.S. Constitution and Tennessee's own speedy trial statutes. Under T.C.A. § 40-14-101, the state must bring a defendant to trial within how long after indictment if the defendant is in jail?

60 days
90 days (Correct answer)
120 days
180 days

Correct answer: 90 days

Tennessee Code Annotated § 40-14-101 requires that a defendant held in jail be brought to trial within 90 days of indictment or the charge may be dismissed.

Question 79: Under Tennessee law, theft is graded based on the value of the property stolen. Theft of property valued between $1,000 and $2,500 is classified as:

Class E felony (Correct answer)
Class D felony
Class A misdemeanor
Class C misdemeanor

Correct answer: Class E felony

Under T.C.A. § 39-14-105, theft of property valued between $1,000 and $2,500 constitutes a Class E felony in Tennessee.

Question 80: Under TRE 403, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of:

Presenting cumulative facts that delay the proceeding
Creating sympathy for a party in the jury
Unfair prejudice, confusion of the issues, or misleading the jury (Correct answer)
Any prejudice to the opposing party regardless of degree

Correct answer: Unfair prejudice, confusion of the issues, or misleading the jury

TRE 403 permits exclusion when the probative value is substantially outweighed by unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence.

Question 81: Tennessee's statute of limitations for personal injury claims is generally:

3 years
1 year
2 years (Correct answer)
5 years

Correct answer: 2 years

Tennessee Code Annotated § 28-3-104 provides a one-year statute of limitations — wait, it is actually one year for personal injury in Tennessee.

Question 82: Which Tennessee court has exclusive jurisdiction over juvenile criminal matters?

General Sessions Court
Chancery Court
Circuit Court
Juvenile Court (Correct answer)

Correct answer: Juvenile Court

Tennessee Juvenile Court has exclusive original jurisdiction over delinquency matters involving persons under 18 years of age under T.C.A. § 37-1-103.

Question 83: Under Tennessee Rule of Civil Procedure 56, summary judgment is appropriate when:

There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
Both parties consent to it
The case is purely legal in nature
The plaintiff requests it

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

Summary judgment is granted under TRCP 56 when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Question 84: Tennessee's residency requirement for filing a divorce petition requires that the plaintiff have been a Tennessee resident for at least:

6 months (Correct answer)
3 months
1 year
2 years

Correct answer: 6 months

Tennessee Code Annotated § 36-4-104 requires the plaintiff in a divorce action to have been a resident of Tennessee for at least 6 months before filing.

Question 85: Tennessee's constitutional amendment process requires that a proposed amendment be agreed to by:

A majority of each house in two successive General Assemblies separated by a general election, then ratified by voters (Correct answer)
A constitutional convention called by the Governor
A majority vote in one session of the General Assembly followed by a public referendum
Two-thirds of each house in a single session and then approved by the Governor

Correct answer: A majority of each house in two successive General Assemblies separated by a general election, then ratified by voters

Article XI, Section 3 of the Tennessee Constitution requires a majority vote in two successive General Assemblies with an intervening general election, followed by ratification by a majority of voters.

Question 86: In Tennessee, the discovery rule tolls the statute of limitations until the plaintiff:

Files a complaint
Retains an attorney
Knows or should know of the injury and its cause (Correct answer)
Is actually harmed

Correct answer: Knows or should know of the injury and its cause

Tennessee's discovery rule tolls the limitations period until the plaintiff knows or reasonably should know of the injury and its cause.

Question 87: Under Tennessee law, a parent may petition to modify a child custody order if there has been:

The passage of at least two years since the last order
A material change in circumstances that affects the child's best interests (Correct answer)
Any change in circumstances since the original order
A change in either parent's income

Correct answer: A material change in circumstances that affects the child's best interests

Tennessee requires a material change in circumstances that affects the best interests of the child as a threshold for modifying an existing custody order under T.C.A. § 36-6-101.

Question 88: Under the McDaniel standard (adopting Daubert in Tennessee), a trial court acting as 'gatekeeper' for expert testimony must find that the testimony is:

Based on sufficient facts or data, a reliable methodology, and that the methodology was reliably applied to the facts (Correct answer)
Supported by at least three peer-reviewed studies published in recognized journals
Consistent with prior expert testimony admitted in Tennessee courts on the same subject
Accepted by the relevant scientific community under the Frye general acceptance test

Correct answer: Based on sufficient facts or data, a reliable methodology, and that the methodology was reliably applied to the facts

Following McDaniel v. CSX Transportation, Tennessee courts apply the Daubert reliability standard, requiring sufficient facts, a reliable method, and reliable application of that method to the case facts.

Question 89: The excited utterance exception under TRE 803(2) requires that the statement:

Be corroborated by at least one eyewitness to the startling event
Be made immediately at the scene of the event before speaking to anyone else
Be a spontaneous verbal reaction without any questioning by another person
Relate to a startling event and be made while the declarant was still under the stress of excitement caused by it (Correct answer)

Correct answer: Relate to a startling event and be made while the declarant was still under the stress of excitement caused by it

TRE 803(2) requires that the statement relate to a startling event and that it be made while the declarant was under the stress of excitement caused by that event; there is no strict immediacy requirement.

Question 90: Article I, Section 8 of the Tennessee Constitution provides due process protections. In Tennessee administrative proceedings, due process generally requires at minimum:

Full discovery rights equivalent to civil litigation
A jury trial for all agency actions
De novo review by a state court
Notice and an opportunity to be heard (Correct answer)

Correct answer: Notice and an opportunity to be heard

Tennessee due process in administrative proceedings requires, at minimum, adequate notice and a meaningful opportunity to be heard before adverse government action.

Question 91: Under Tennessee law, a prescriptive easement is established by use that is:

Open and notorious for 7 years with court approval
Adverse, open, notorious, and continuous for 20 years (Correct answer)
Permissive and continuous for 10 years
Exclusive and hostile for 5 years

Correct answer: Adverse, open, notorious, and continuous for 20 years

Tennessee requires adverse, open, notorious, and continuous use for 20 years to establish a prescriptive easement, similar to but distinct from the adverse possession period.

Question 92: Which of the following topics is most likely to be tested under the MBE's Contracts section?

Formation of contracts, including offer, acceptance, and consideration (Correct answer)
Real estate law
Intellectual property rights
Criminal intent

Correct answer: Formation of contracts, including offer, acceptance, and consideration

In Criminal Law, 'mens rea' refers to the mental state or intent required to commit a crime. It distinguishes accidental actions from those performed with a guilty mind, such as specific intent, general intent, knowledge, recklessness, or negligence. This element is crucial for establishing criminal liability and is a core concept tested on the MBE.

Question 93: Under Tennessee's Income Shares Model for child support, the amount of child support is primarily based on:

The custodial parent's expenses only
Only the non-custodial parent's income
A flat percentage of the non-custodial parent's net income
The combined gross income of both parents (Correct answer)

Correct answer: The combined gross income of both parents

Tennessee uses the Income Shares Model under T.C.A. § 36-5-101, basing child support on the combined gross income of both parents to approximate the support the child would have received if the family remained intact.

Question 94: In the context of the MBE, what is the primary focus of the Constitutional Law questions?

Contract disputes
Torts and negligence
Federalism and separation of powers (Correct answer)
Property rights

Correct answer: Federalism and separation of powers

The MBE's Contracts section heavily emphasizes the formation of contracts, which includes the essential elements of offer, acceptance, and consideration. Understanding how these components interact to create a legally binding agreement is fundamental. This focus ensures candidates grasp the foundational principles of contract law.

Question 95: Under Tennessee law, first degree murder requires proof of:

Negligent homicide with a deadly weapon
Premeditated and intentional killing or felony murder (Correct answer)
Recklessness causing death
Knowing killing during the heat of passion

Correct answer: Premeditated and intentional killing or felony murder

Tennessee Code Annotated § 39-13-202 defines first degree murder as a premeditated and intentional killing or a killing committed during certain enumerated felonies.

Question 96: Under TRE 804(b)(2), a dying declaration is admissible in Tennessee in which proceedings?

Any criminal prosecution regardless of the charge, when death results
Any proceeding where the declarant is unavailable for any reason
Only first-degree murder trials where the declarant actually died
Homicide prosecutions and civil actions where the declarant believed death was imminent (Correct answer)

Correct answer: Homicide prosecutions and civil actions where the declarant believed death was imminent

TRE 804(b)(2) allows dying declarations in homicide prosecutions and civil actions, provided the declarant believed death was imminent when making the statement about its cause or circumstances.

Question 97: Tennessee's habitual offender statute enhances penalties when a defendant has prior convictions for certain offenses. Which category of priors is most commonly used for habitual drug offender enhancement?

Prior felony drug convictions (Correct answer)
Prior civil contempt findings
Prior misdemeanor offenses of any kind
Prior traffic violations

Correct answer: Prior felony drug convictions

Tennessee's habitual drug offender enhancement under T.C.A. § 39-17-432 is triggered by prior felony drug convictions, significantly increasing mandatory minimum sentences.

Question 98: Under TRE 615, when the court orders witnesses excluded from the courtroom, which of the following may NOT be excluded?

A party who is a natural person or a designated representative of an entity party (Correct answer)
A witness whose testimony is not yet scheduled to be heard
A witness listed on the opposing party's witness list
An expert witness retained by either party to the litigation

Correct answer: A party who is a natural person or a designated representative of an entity party

TRE 615 allows sequestration of witnesses but carves out exceptions for a party who is a natural person, an officer or employee designated as the organization's representative, and persons whose presence is essential to presenting a party's case.

Question 99: Under Tennessee's Uniform Interstate Family Support Act (UIFSA), once a Tennessee court issues a child support order, other states must:

Allow the obligor to re-litigate support in the new state
Convert the order to their state's calculation method
Register and enforce the Tennessee order without modification (Correct answer)
Issue their own competing orders

Correct answer: Register and enforce the Tennessee order without modification

Under UIFSA as adopted by Tennessee (T.C.A. § 36-5-2001 et seq.), only one support order is valid at a time, and other states must register and enforce the issuing state's order.

Question 100: In Tennessee child custody proceedings, the paramount consideration for the court is:

Equal parenting time for both parents
Maintaining the existing custody arrangement
The best interests of the child (Correct answer)
The preference of the primary breadwinner

Correct answer: The best interests of the child

Tennessee Code Annotated § 36-6-106 directs courts to award custody according to the best interests of the child, considering a list of statutory factors.

Question 101: Under Tennessee law, a seller who fails to disclose a known material defect under the Residential Property Disclosure Act may face liability for:

Only the cost of repair as a statutory penalty
Fraud, misrepresentation, or rescission of the contract (Correct answer)
Criminal penalties only
No liability if disclosure was inadvertent

Correct answer: Fraud, misrepresentation, or rescission of the contract

A Tennessee seller who fails to disclose known material defects may face claims for fraud, misrepresentation, or rescission of the purchase contract, plus potential damages.

Question 102: In Tennessee, grounds for absolute divorce include all of the following EXCEPT:

Irreconcilable financial differences (Correct answer)
Cruel and inhuman treatment
Adultery
Irreconcilable differences

Correct answer: Irreconcilable financial differences

Tennessee Code Annotated § 36-4-101 lists statutory grounds for divorce including irreconcilable differences, adultery, and cruel treatment, but 'irreconcilable financial differences' is not a recognized ground.

Question 103: Under TRE 404(a), evidence of a person's character trait is generally:

Admissible in all civil cases to show a pattern of conduct
Inadmissible to prove the person acted in conformity with that trait on a particular occasion (Correct answer)
Admissible whenever it tends to make any fact more probable
Required to be admitted when offered by the criminal defendant

Correct answer: Inadmissible to prove the person acted in conformity with that trait on a particular occasion

TRE 404(a) establishes that character evidence is generally inadmissible to prove conduct in conformity therewith, with specific enumerated exceptions for criminal defendants, victims, and witnesses.

Question 104: Under Tennessee law, the doctrine of sovereign immunity generally shields the state from suit UNLESS:

A federal court asserts jurisdiction
The General Assembly has expressly waived immunity by statute (Correct answer)
The plaintiff is a Tennessee resident
The claim sounds in tort

Correct answer: The General Assembly has expressly waived immunity by statute

Tennessee retains sovereign immunity as the default rule, but the General Assembly may waive immunity by statute, such as through the Tennessee Claims Commission Act.

Question 105: In Tennessee, a landlord's right to distrain (seize) a tenant's property for unpaid rent is:

Fully preserved under common law without any statutory restriction
Abolished and replaced by statutory unlawful detainer proceedings (Correct answer)
Permitted with court approval in residential tenancies
Permitted only for commercial tenancies under T.C.A. § 66-28-501

Correct answer: Abolished and replaced by statutory unlawful detainer proceedings

Tennessee has abolished common-law distress for rent and replaced it with statutory unlawful detainer and detainer warrant proceedings through the court system.

Question 106: When writing about Torts on the MEE, which of the following elements is critical to analyze?

The intent of the legislature
The defendant's financial status
Historical development of tort law
Duty, breach, causation, and damages (Correct answer)

Correct answer: Duty, breach, causation, and damages

When answering a Constitutional Law question on the MEE, a key focus is often the balance between state and federal powers. This involves analyzing issues such as federalism, the Supremacy Clause, and the extent of Congress's powers under the Commerce Clause or other enumerated powers. Understanding this dynamic is central to constitutional analysis.

Question 107: Tennessee's separation of powers doctrine prohibits the legislature from:

Enacting laws that affect pending court cases
Exercising core judicial functions, such as directly reversing court judgments (Correct answer)
Delegating any authority to administrative agencies
Setting the salaries of executive officers

Correct answer: Exercising core judicial functions, such as directly reversing court judgments

Tennessee's separation of powers doctrine, embedded in Article II of the Tennessee Constitution, prohibits the legislature from exercising core judicial powers, such as directly overturning final court judgments.

Question 108: What is the proper action for a lawyer if they know that their client intends to testify falsely in court?

Inform the judge immediately
Advise the client against testifying and if necessary, withdraw from the case (Correct answer)
Allow the client to testify and correct the record later
Prevent the client from testifying

Correct answer: Advise the client against testifying and if necessary, withdraw from the case

A lawyer can charge a contingent fee primarily in civil cases where the fee is based on the outcome of the matter. This means the lawyer's fee is a percentage of the amount recovered for the client. Contingent fees are generally prohibited in criminal cases and certain domestic relations matters, as they can create conflicts of interest or undermine public policy.

Question 109: Under Tennessee's long-arm statute, which of the following is NOT typically a basis for personal jurisdiction over a nonresident defendant?

Having a family member residing in Tennessee (Correct answer)
Owning property in Tennessee
Transacting business in Tennessee
Causing tortious injury in Tennessee

Correct answer: Having a family member residing in Tennessee

Merely having a family member reside in Tennessee does not, by itself, establish personal jurisdiction under Tennessee's long-arm statute.

Question 110: Under Tennessee Rule of Criminal Procedure 11, before accepting a guilty plea, the court must ensure the defendant understands all of the following EXCEPT:

The identity of the prosecutor handling the case (Correct answer)
The nature of the charge and maximum penalty
The right to a jury trial
The right to confront witnesses

Correct answer: The identity of the prosecutor handling the case

Rule 11 requires the court to advise defendants of rights being waived and consequences of the plea, but does not require disclosure of the specific prosecutor's identity.

Question 111: In Tennessee, a Grand Jury indictment is constitutionally required for prosecution of which offenses?

All criminal offenses
Offenses punishable by more than 6 months imprisonment
All felonies (Correct answer)
Only capital offenses

Correct answer: All felonies

Article I, Section 14 of the Tennessee Constitution requires grand jury indictment for all felony prosecutions in Tennessee.

Question 112: Under Tennessee's savings statute (T.C.A. § 28-1-105), if an action is dismissed without prejudice, the plaintiff generally has how long to refile?

6 months
1 year (Correct answer)
The original limitations period restarts
2 years

Correct answer: 1 year

Tennessee's savings statute gives a plaintiff one year to refile after a non-merits dismissal, even if the original statute of limitations has expired.

Question 113: Under Tennessee Rule of Criminal Procedure 12.1, a defendant who intends to rely on an alibi defense must provide notice to the prosecution how long before trial?

5 days
15 days
10 days (Correct answer)
30 days

Correct answer: 10 days

TRCRP 12.1 requires that a defendant provide notice of an alibi defense at least 10 days before trial unless the court sets a different time.

Question 114: Under Tennessee sentencing guidelines, which factor is considered an enhancement to a defendant's sentence?

The defendant's minor role in the offense
No prior criminal record
The victim was particularly vulnerable due to age or disability (Correct answer)
The offense was committed negligently

Correct answer: The victim was particularly vulnerable due to age or disability

Under T.C.A. § 40-35-114, a particularly vulnerable victim due to age, disability, or other factors is a statutory enhancement that can increase a defendant's sentence.

Question 115: Under the Tennessee UAPA, an agency's proposed rule must be filed with the Secretary of State and published in the Tennessee Administrative Register at least how many days before it becomes effective?

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

Correct answer: 30 days

Under T.C.A. § 4-5-207, agency rules must be filed with the Secretary of State and published at least 60 days before their effective date, allowing for public comment.

Question 116: The Tennessee Constitution provides for how many branches of state government?

Two (legislative and executive)
Three (legislative, executive, and judicial) (Correct answer)
Four (adding an administrative branch)
Five (adding military and regulatory branches)

Correct answer: Three (legislative, executive, and judicial)

The Tennessee Constitution establishes three branches of government: the General Assembly (legislative), the Governor (executive), and the courts (judicial).

Question 117: Under TRE 608, a witness's character for truthfulness may be attacked by:

Evidence of any prior bad act regardless of its connection to honesty
Proof of prior civil judgments entered against the witness
Any prior felony conviction on the witness's record
Opinion or reputation testimony about the witness's character for untruthfulness (Correct answer)

Correct answer: Opinion or reputation testimony about the witness's character for untruthfulness

TRE 608(a) allows credibility attacks through opinion or reputation evidence specifically concerning the witness's character for untruthfulness, not general bad character.

Question 118: Under TRCP Rule 15, a party may amend its pleading as a matter of course within how many days after service of the pleading?

60 days
21 days (Correct answer)
15 days
30 days

Correct answer: 21 days

Under TRCP Rule 15.01, a party may amend a pleading once as a matter of course within 21 days after serving it.

Question 119: In Tennessee, voluntary manslaughter differs from second degree murder primarily because voluntary manslaughter involves:

Adequate provocation causing a sudden passion (Correct answer)
Use of a non-deadly weapon
Negligent rather than knowing conduct
A lesser intent to kill

Correct answer: Adequate provocation causing a sudden passion

Voluntary manslaughter under T.C.A. § 39-13-211 is a knowing killing committed because of adequate provocation causing a sudden passion, which reduces the crime from second degree murder.

Question 120: Alimony in futuro in Tennessee terminates automatically upon:

A change in the paying spouse's income
The paying spouse's retirement
The supported spouse's remarriage or cohabitation with a third party (Correct answer)
The supported spouse obtaining any employment

Correct answer: The supported spouse's remarriage or cohabitation with a third party

Under T.C.A. § 36-5-121, alimony in futuro (periodic alimony) terminates automatically upon the supported spouse's remarriage and may be modified or terminated upon cohabitation.

Question 121: What is the primary purpose of the Multistate Performance Test (MPT)?

To assess practical legal skills in a real-world context (Correct answer)
To measure knowledge of state-specific legal rules
To evaluate understanding of the U.S. Constitution
To test knowledge of substantive law

Correct answer: To assess practical legal skills in a real-world context

Representing a client in a complex matter without sufficient preparation is considered a violation of the duty of competence. Lawyers have an ethical obligation to provide competent representation, which includes possessing the necessary legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Failing to adequately prepare undermines this duty.

Question 122: Under TRE 801(d)(2), a statement made by a party-opponent is classified as:

Hearsay but admissible under a firmly rooted exception
Admissible only if the party is unavailable to testify at trial
Inadmissible unless it was made under oath at a prior proceeding
Not hearsay, and is admissible when offered against the party who made it (Correct answer)

Correct answer: Not hearsay, and is admissible when offered against the party who made it

TRE 801(d)(2) classifies admissions by a party-opponent as 'not hearsay,' making them admissible when offered against the party, regardless of whether the party is available to testify.

Question 123: Under Tennessee law, a joint tenancy with right of survivorship can be created only if the deed expressly states:

'To A and B as co-owners'
'To A and B jointly'
'To A and B as joint tenants with right of survivorship and not as tenants in common' (Correct answer)
'To A and B in equal shares'

Correct answer: 'To A and B as joint tenants with right of survivorship and not as tenants in common'

Tennessee Code Annotated § 66-1-115 requires that a deed expressly state 'joint tenants with right of survivorship and not as tenants in common' to create a joint tenancy.

Question 124: Under Tennessee law, tenancy by the entirety is available only to:

Any two co-owners of real property
Business partners who jointly own commercial property
Married couples holding real property (Correct answer)
Joint tenants who elect survivorship

Correct answer: Married couples holding real property

Tennessee Code Annotated § 36-3-505 provides that married couples may hold property as tenants by the entirety, which protects the property from one spouse's individual creditors.

Question 125: A restrictive covenant running with the land in Tennessee requires all of the following EXCEPT:

Touch and concern the land
Privity of estate
Recording in the county clerk's office before any sale (Correct answer)
Intent to run with the land

Correct answer: Recording in the county clerk's office before any sale

While recording is important for notice, the traditional requirements for a covenant to run with the land are intent, touch and concern, and privity — recording alone is not one of the three classic elements.

Question 126: Tennessee's eminent domain statutes require the government to pay 'just compensation,' which Tennessee courts define as:

Replacement cost of the property
The owner's subjective value
The assessed tax value of the property
The fair market value of the property at the time of the taking (Correct answer)

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

Tennessee defines just compensation as the fair market value of the property — what a willing buyer would pay a willing seller — at the time of the taking.

Question 127: Under the Tennessee Constitution, a judge of the Tennessee Supreme Court serves a term of:

8 years (Correct answer)
6 years
4 years
Life tenure with good behavior

Correct answer: 8 years

Article VI, Section 3 of the Tennessee Constitution provides that Tennessee Supreme Court justices serve 8-year terms, subject to retention elections.

Question 128: Tennessee's marketable title is defined as title that is free from:

Any mortgage ever recorded
Any easements of record
Reasonable doubt as to its validity, which would cause a reasonably prudent buyer to refuse it (Correct answer)
All prior conveyances

Correct answer: Reasonable doubt as to its validity, which would cause a reasonably prudent buyer to refuse it

Tennessee marketable title is title free from reasonable doubt — meaning a reasonably prudent buyer would not refuse it out of concern about litigation or loss.

Question 129: Under the Tennessee Rules of Civil Procedure, a motion to dismiss for failure to state a claim is governed by which rule?

Rule 15.01
Rule 12.02(6) (Correct answer)
Rule 56
Rule 8.01

Correct answer: Rule 12.02(6)

TRCP Rule 12.02(6) governs motions to dismiss for failure to state a claim upon which relief can be granted.

Question 130: Tennessee's exclusionary rule for illegally obtained evidence is grounded in both the Fourth Amendment and:

Article I, Section 7 of the Tennessee Constitution (Correct answer)
The Tennessee Uniform Rules of Evidence Act
Tennessee Rule of Evidence 403
Tennessee Code Annotated § 40-6-108

Correct answer: Article I, Section 7 of the Tennessee Constitution

Article I, Section 7 of the Tennessee Constitution provides independent state protection against unreasonable searches and seizures, sometimes broader than the federal Fourth Amendment.

Question 131: In Tennessee, legal adoption terminates the biological parents' parental rights and creates what relationship between the adoptive parent and child?

A foster care relationship with visitation rights for biological parents
A full parent-child relationship as if the child were born to the adoptive parent (Correct answer)
A guardianship relationship only
A temporary placement pending further review

Correct answer: A full parent-child relationship as if the child were born to the adoptive parent

Under T.C.A. § 36-1-121, a completed adoption creates a full parent-child relationship between adoptive parent and child, with all rights and duties of biological parenthood.

Tennessee Bar Exam (UBE)

The Tennessee Bar Exam is the Uniform Bar Examination (UBE), a two-day standardized test administered by the Tennessee Board of Law Examiners that assesses knowledge of general law and fundamental lawyering skills across three components: the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and Multistate Performance Test (MPT).

200

Questions

360 min

Time Limit

68%

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