Tennessee Bar Exam (UBE) — Questions and Answers

Question 1: Which Tennessee court has exclusive jurisdiction over juvenile criminal matters?

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

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 2: 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 temporary placement pending further review
A guardianship relationship only

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.

Question 3: 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 4: In Tennessee, the doctrine of res judicata bars relitigation when there is identity of:

Parties, claims, and a final judgment on the merits (Correct answer)
Parties and attorneys
Claims only
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 5: 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?

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

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 6: 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 7: Which of the following actions is considered an ethical violation concerning conflicts of interest?

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

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

The plaintiff requests it
The case is purely legal in nature
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

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

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

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 10: Tennessee classifies felonies into how many classes?

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

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 11: 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
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
Confidential communications between attorney and client made for the purpose of obtaining or providing legal advice (Correct answer)

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

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

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 13: Under what circumstances can a lawyer charge a contingent fee?

Only in personal injury cases
In any case
In criminal cases to ensure payment
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 14: 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
Register and enforce the Tennessee order without modification (Correct answer)
Issue their own competing orders
Convert the order to their state's calculation method

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

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

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 16: 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
Negligent operation of government vehicles
Ministerial acts performed negligently

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

Skip the issue entirely
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

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

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

Correct answer: Circuit Court

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

Question 19: Under Tennessee law, which of the following is separate property not subject to equitable distribution?

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

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

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

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

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

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 22: The Tennessee Rules of Civil Procedure require that pleadings contain:

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

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 23: 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 24: Which of the following is considered a violation of the duty of competence?

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

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

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

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

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

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

Ignore the conflict and proceed
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

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

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

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 29: 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:

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

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

Tax Law (Correct answer)
Constitutional Law
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.

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).

Questions

35 min

Time Limit

68%

To Pass

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Exam Rules

You can skip questions and return to them later
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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

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

Sources & references

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

tnble.org — Exam dates, eligibility, late registration, passing score, registration deadline, retake policy, score validity, test delivery, score release, time limit · verified Oct 2026
ncbex.org — Eligibility · verified Oct 2026