Tennessee Bar Exam (UBE) — Questions and Answers

Question 1: Under TRE 801(d)(2), a statement made by a party-opponent is classified as:

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

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

The federal administrative law courts
The Governor's office for executive review
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 3: 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
Write about the conflict in detail
Use their own legal knowledge instead of the provided materials
Rely on the case law provided in the library to resolve the task (Correct answer)

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

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

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 5: 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)
Listed in an attached summary document
Identified by the sponsoring member
Approved by a committee before reading

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

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)
Any document is offered into evidence at trial regardless of what it is being used to prove

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

The analysis section (Correct answer)
The conclusion
The statement of facts
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 8: 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 9: Which of the following actions is considered an ethical violation concerning conflicts of interest?

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)
Referring a client to another lawyer due to a conflict of interest
Representing clients in unrelated matters

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

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

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

Custody bond with the court
Joint financial affidavit for child support only
Permanent parenting plan detailing residential schedule and decision-making authority (Correct answer)
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 12: 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
Before or at the time of the purchase contract signing (Correct answer)
Only upon request at closing
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 13: Under TRE 608, a witness's character for truthfulness may be attacked by:

Any prior felony conviction on the witness's record
Proof of prior civil judgments entered against the witness
Evidence of any prior bad act regardless of its connection to honesty
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 14: Under what circumstances can a lawyer charge a contingent fee?

In any case
In criminal cases to ensure payment
Only in personal injury cases
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 15: What is the primary duty of a lawyer when representing a client?

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

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

Maritime Law
Bankruptcy Law
Intellectual Property
Contracts (Correct answer)

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

To measure knowledge of state-specific legal rules
To assess practical legal skills in a real-world context (Correct answer)
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 18: When drafting a persuasive brief on the MPT, what is the most important aspect to consider?

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

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

Torts
Constitutional Law
Family Law
Tax Law (Correct answer)

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 20: 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
Representing a client in a complex matter without sufficient preparation (Correct answer)
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 21: Under Tennessee's Uniform Interstate Family Support Act (UIFSA), once a Tennessee court issues a child support order, other states must:

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

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

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

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: 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?

One year
90 days
10 days
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 24: Under Tennessee law, grandparent visitation rights may be ordered by a court only when:

One parent agrees to the visitation
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

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 25: 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 confront witnesses
The right to a jury trial

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 26: 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:

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

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

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

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 28: 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 was present at the prior proceeding
The party against whom it is offered had an opportunity and similar motive to develop the testimony by examination (Correct answer)
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 29: Which of the following is a key focus when answering a Constitutional Law question on the MEE?

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

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 30: 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
30 days (Correct answer)
60 days
21 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.

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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