Utah Bar Examination (UBE) — Questions and Answers

Question 1: What is the minimum passing UBE score required for admission in Utah?

270 (Correct answer)
266
280
260

Correct answer: 270

Utah requires a UBE score of 270, one of the higher cut scores among UBE states.

Question 2: What is an agency's enabling statute?

The agency's internal operating manual
The law enacted by Congress that creates the agency and defines its authority and powers (Correct answer)
A regulation created by the agency itself
A court order establishing the agency's jurisdiction

Correct answer: The law enacted by Congress that creates the agency and defines its authority and powers

An enabling statute is the legislation that creates an administrative agency, outlines its mission, grants its powers, and sets the boundaries within which it must operate.

Question 3: What is the mailbox rule in contract law?

An acceptance is effective when dispatched by the offeree, not when received by the offeror (Correct answer)
Contracts must be mailed to be valid
All contract communications must be in writing
An offer expires when placed in the mailbox

Correct answer: An acceptance is effective when dispatched by the offeree, not when received by the offeror

The mailbox rule provides that an acceptance becomes effective at the moment of dispatch (when mailed), creating a contract even before the offeror receives it.

Question 4: In an MEE corporations essay, minority shareholders challenge a board's rejection of a merger offer. What standard of review typically applies if the directors were disinterested and informed?

Per se invalidity of merger rejections
Strict scrutiny
The business judgment rule, presuming good-faith informed decisions serve the corporation (Correct answer)
Entire fairness with the burden on plaintiffs

Correct answer: The business judgment rule, presuming good-faith informed decisions serve the corporation

Decisions by disinterested, informed directors acting in good faith are protected by the business judgment rule, and courts will not second-guess them.

Question 5: In an MEE civil procedure essay, a defendant is served in a state solely because their connecting flight landed there. What is the strongest basis to uphold personal jurisdiction?

There is no valid basis; physical presence never suffices
Transient (tag) jurisdiction, because in-state personal service supports general jurisdiction under Burnham (Correct answer)
Quasi in rem jurisdiction over the defendant's luggage
Specific jurisdiction based on the flight itinerary

Correct answer: Transient (tag) jurisdiction, because in-state personal service supports general jurisdiction under Burnham

Under Burnham v. Superior Court, personal service on a defendant physically present in the forum state supports jurisdiction even for unrelated claims.

Question 6: A Library case is from a neighboring fictional state rather than Franklin. How should it be weighted in your analysis?

As controlling only if it is newer
As persuasive authority that Franklin courts may follow (Correct answer)
It must be ignored
As binding precedent

Correct answer: As persuasive authority that Franklin courts may follow

Out-of-state decisions in the Library are persuasive, not binding, and should be characterized as such.

Question 7: In a Utah medical malpractice case, the defense calls an engineer to opine on the standard of care for surgeons. The court should:

Admit it because the witness is an expert in some field
Exclude it because experts may never opine on the standard of care
Admit it and let the jury weigh the credentials
Exclude the opinion because the witness lacks qualification in the relevant field (Correct answer)

Correct answer: Exclude the opinion because the witness lacks qualification in the relevant field

Under Rule 702, an expert must be qualified by knowledge, skill, experience, training, or education in the specific field at issue, and an engineer is not qualified on surgical standards.

Question 8: Which of the following work products has actually appeared as an MPT task?

A complete appellate record
A will contest jury verdict form only
A state-specific tax return
A persuasive brief (Correct answer)

Correct answer: A persuasive brief

Persuasive briefs, objective memos, client letters, and contract provisions are common MPT tasks.

Question 9: Police obtain a confession in violation of Miranda but without actual coercion. At trial, the defendant testifies inconsistently with the confession. The prosecution may:

Not use the confession for any purpose
Use the confession in its case-in-chief because the defendant testified
Use the confession to impeach the defendant's testimony, though not in its case-in-chief (Correct answer)
Use the confession only if the defendant opens the door on direct examination

Correct answer: Use the confession to impeach the defendant's testimony, though not in its case-in-chief

Under Harris v. New York, voluntary statements taken in violation of Miranda are admissible to impeach a testifying defendant.

Question 10: An MEE wills essay involves a will with an interested witness in a jurisdiction following the modern UPC approach. What is the effect on the will and the gift?

The will is valid and the interested witness does not forfeit the gift under the UPC (Correct answer)
The gift to the witness is automatically purged in all cases
The entire will is void
The will must be re-executed within 30 days

Correct answer: The will is valid and the interested witness does not forfeit the gift under the UPC

The UPC abolishes the interested-witness purging rule, so the will remains valid and the witness keeps the bequest, though it may invite an undue influence inquiry.

Question 11: In Utah, most residential foreclosures proceed how?

Only through a judicial foreclosure action
Through strict foreclosure
By self-help repossession
Non-judicially under a trust deed's power of sale (Correct answer)

Correct answer: Non-judicially under a trust deed's power of sale

Utah lenders typically use trust deeds, allowing non-judicial foreclosure by the trustee under Utah Code Title 57, Chapter 1.

Question 12: The Article IV Privileges and Immunities Clause most directly protects:

Corporations from discriminatory state taxation schemes
All constitutional rights of citizens from any state interference
Federal employees from state prosecution for official acts
Citizens of one state from discrimination by another state regarding fundamental rights (Correct answer)

Correct answer: Citizens of one state from discrimination by another state regarding fundamental rights

The Article IV Privileges and Immunities Clause prevents states from discriminating against out-of-state citizens regarding fundamental rights such as the ability to pursue a livelihood.

Question 13: Under Utah law, a divorce decree may not be entered until how long after the petition is filed, absent a waiver for extraordinary circumstances?

60 days
6 months
90 days
30 days (Correct answer)

Correct answer: 30 days

Utah Code § 30-3-18 imposes a 30-day waiting period after filing before a divorce decree may be entered, waivable for extraordinary circumstances.

Question 14: A request for agency reconsideration under UAPA is deemed denied if the agency head does not act within:

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

Correct answer: 20 days

Under Utah Code § 63G-4-302, if the agency does not issue an order on a request for reconsideration within 20 days, the request is considered denied.

Question 15: A buyer repudiates a contract for custom-manufactured goods after the seller has completed them. The goods cannot reasonably be resold to others. What is the seller's best measure of damages under the UCC?

The full contract price, because the goods cannot be resold at a reasonable price with reasonable effort (Correct answer)
Market price minus contract price
Restitution of the seller's material costs
Only incidental damages

Correct answer: The full contract price, because the goods cannot be resold at a reasonable price with reasonable effort

Under UCC 2-709, a seller may recover the price when the goods cannot reasonably be resold, effectively a specific-performance analog for sellers.

Question 16: A document intended as a will fails to meet Utah's execution formalities because only one witness signed. Can it still be admitted to probate?

Yes, if a majority of heirs consent
Yes, if the proponent shows by clear and convincing evidence that the decedent intended it as a will (Correct answer)
No, execution defects are always fatal
Only if the document was notarized

Correct answer: Yes, if the proponent shows by clear and convincing evidence that the decedent intended it as a will

Utah adopted the UPC harmless-error rule (§ 75-2-503), allowing a defectively executed document to be treated as a will upon clear and convincing evidence of testamentary intent.

Question 17: MPT Library cases come from the fictional state of Franklin. Why does the NCBE use fictional jurisdictions?

To test knowledge of Franklin's real statutes
To make the exam shorter
To allow examinees to cite outside law freely
To ensure no examinee has an advantage from knowing actual local law (Correct answer)

Correct answer: To ensure no examinee has an advantage from knowing actual local law

A fictional closed universe levels the playing field so only provided authorities matter.

Question 18: In an MEE agency and torts crossover, a franchisor sets detailed daily operational controls over a franchisee whose employee injures a customer. What is the plaintiff's best theory against the franchisor?

Breach of the implied warranty of merchantability
Strict liability for franchising
Vicarious liability based on actual control or an agency relationship arising from the franchisor's operational control (Correct answer)
Trespass to chattels

Correct answer: Vicarious liability based on actual control or an agency relationship arising from the franchisor's operational control

Extensive day-to-day control by a franchisor can create an actual agency relationship supporting vicarious liability for the franchisee's torts.

Question 19: A decedent's will leaves 'my car' to a nephew, but the decedent sold that car and bought a new one before death. In an MEE wills essay, what doctrine determines whether the nephew takes the new car?

Dependent relative revocation
Ademption by extinction, with courts examining whether a replacement rule applies (Correct answer)
Abatement of general devises
Incorporation by reference

Correct answer: Ademption by extinction, with courts examining whether a replacement rule applies

A specific devise that is not in the estate at death is adeemed by extinction, though many states and the UPC allow the beneficiary to take replacement property.

Question 20: A defendant pleads guilty, and the judge fails to inform him of the mandatory minimum sentence during the plea colloquy. The plea is vulnerable because:

Judges must always recite the entire sentencing code
A guilty plea must be knowing and voluntary, requiring awareness of the direct consequences including mandatory minimums (Correct answer)
Mandatory minimums are unconstitutional in plea cases
The prosecutor did not confirm the factual basis

Correct answer: A guilty plea must be knowing and voluntary, requiring awareness of the direct consequences including mandatory minimums

Due process requires that a guilty plea be knowing and voluntary, which includes understanding direct consequences such as the mandatory minimum sentence.

Question 21: An MPT Library statute has several numbered elements. The strongest answers will typically:

Quote the statute once and move on
Paraphrase the statute without applying facts
Discuss only the elements that favor the client
Address each element separately, applying File facts to each (Correct answer)

Correct answer: Address each element separately, applying File facts to each

Element-by-element organization with fact application demonstrates the structured analysis graders reward.

Question 22: In an MEE conflict of laws essay, a Utah court hears a contract dispute with no choice-of-law clause. Under the Second Restatement approach, which test governs?

The law chosen by the defendant
The place of contracting controls exclusively
The law of the forum always applies
The state with the most significant relationship to the transaction and parties (Correct answer)

Correct answer: The state with the most significant relationship to the transaction and parties

The Second Restatement applies the law of the state with the most significant relationship, weighing contacts such as place of negotiation, performance, and the parties' domicile.

Question 23: A landowner keeps an unfenced swimming pool that attracts neighborhood children, and a seven-year-old trespasser drowns. Under which doctrine may the landowner be liable despite the child's trespass?

Firefighter's rule
Rescue doctrine
Attractive nuisance doctrine (Correct answer)
Ferae naturae doctrine

Correct answer: Attractive nuisance doctrine

The attractive nuisance doctrine imposes liability for artificial conditions likely to lure children who cannot appreciate the danger.

Question 24: A custodial parent in Utah plans to move 60 miles away from the other parent's residence. What does Utah's relocation statute require?

Nothing, because intrastate moves are unrestricted
Consent of the child if over age 12
Written notice to the other parent at least 60 days before the move if relocating 50 miles or more (Correct answer)
Court permission before any move within the state

Correct answer: Written notice to the other parent at least 60 days before the move if relocating 50 miles or more

Utah Code § 30-3-37 defines relocation as moving 50 or more miles from the other parent and requires 60 days' advance written notice.

Question 25: A contract requires a farmer to deliver 1,000 bushels of wheat 'from the farmer's north field.' A flood destroys the entire north field crop without the farmer's fault. What is the farmer's best defense to a breach claim?

Impracticability, because the agreed source of the goods was destroyed without fault (Correct answer)
Frustration of purpose, because the buyer no longer needs wheat
Unconscionability, because performance is now expensive
Mistake, because both parties misjudged the weather

Correct answer: Impracticability, because the agreed source of the goods was destroyed without fault

Destruction of the contractually specified source of goods without fault excuses performance under the doctrine of impracticability.

Question 26: If a testator makes a will and subsequently gets married, what is the effect of the marriage on the will in most jurisdictions?

The will remains valid and unaffected by the marriage. (Correct answer)
The will is revoked only if the testator had no children at the time of marriage.
The marriage automatically revokes the will.
The will is partially revoked to the extent it conflicts with the new marriage.

Correct answer: The will remains valid and unaffected by the marriage.

In most jurisdictions, under modern probate law, a subsequent marriage does not automatically revoke a previously made will. Instead, the new spouse is typically entitled to an intestate share of the estate, unless the will clearly indicates an intent to disinherit them or provides for them. This approach protects the new spouse while respecting the testator's prior testamentary wishes regarding other beneficiaries.

Question 27: In which UBE session are the MPT items administered?

The morning of the written day, before the MEE (Correct answer)
They are take-home assignments
After the MBE on the second day
During the MBE day

Correct answer: The morning of the written day, before the MEE

The two MPTs are given in the morning session of the written portion, with the six MEE essays in the afternoon.

Question 28: In an MEE family law essay, a court divides property at divorce in an equitable distribution state. Which asset is most likely separate property not subject to division?

An inheritance received by one spouse during marriage and kept in a separate account (Correct answer)
Wages earned by either spouse during the marriage
Retirement benefits accrued during the marriage
A house purchased jointly during the marriage

Correct answer: An inheritance received by one spouse during marriage and kept in a separate account

Inheritances received by one spouse and kept segregated from marital funds generally remain separate property in equitable distribution states.

Question 29: Roughly how should examinees split their 90 minutes on an MPT?

About 10 minutes reading and 80 minutes writing
About 45 minutes reading/organizing and 45 minutes writing (Correct answer)
Equal thirds for File, Library, and proofreading
About 80 minutes reading and 10 minutes writing

Correct answer: About 45 minutes reading/organizing and 45 minutes writing

NCBE recommends spending about half the time reading and outlining and half writing.

Question 30: When may character evidence be used to prove conduct?

Character evidence is always admissible to prove conduct
In criminal cases, the defendant may offer evidence of pertinent good character traits (Correct answer)
Character evidence is never admissible in any case
Only the prosecution may introduce character evidence

Correct answer: In criminal cases, the defendant may offer evidence of pertinent good character traits

In criminal cases, the defendant may offer evidence of relevant good character traits. The prosecution cannot initiate character evidence but may rebut once the defendant opens the door.

Utah Bar Examination (UBE)

The Utah Bar Examination is a two-day Uniform Bar Exam (UBE) testing fundamental lawyering skills and substantive legal knowledge across the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and Multistate Performance Test (MPT) components.

Questions

36 min

Time Limit

65%

To Pass

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