Washington Bar Examination (NextGen UBE) — Questions and Answers

Question 1: Under Washington's 'rescue doctrine,' a negligent defendant who endangers a primary victim is liable to a rescuer injured during the rescue because:

Rescuers are treated as business invitees and are therefore owed the highest duty of care
Rescuers assume absolutely no risk of injury when acting voluntarily to save another person
The rescue doctrine applies only to paid professional firefighters and law enforcement officers
The defendant's negligence is the proximate cause of injuries sustained by a reasonable rescuer because rescue is a foreseeable response to created peril (Correct answer)

Correct answer: The defendant's negligence is the proximate cause of injuries sustained by a reasonable rescuer because rescue is a foreseeable response to created peril

The rescue doctrine holds that a defendant whose negligence created the peril is the proximate cause of a rescuer's injuries because it is reasonably foreseeable that someone will attempt a rescue.

Question 2: Under Washington property law, which type of deed provides the grantor's strongest covenants of title?

Statutory warranty deed (Correct answer)
Bargain and sale deed
Special warranty deed
Quitclaim deed

Correct answer: Statutory warranty deed

A statutory warranty deed under RCW 64.04.030 provides the broadest covenants, warranting title against all defects whether arising before or during the grantor's ownership.

Question 3: Under Washington law, what is the statute of limitations for prosecuting a class A felony?

6 years
10 years
No limitation period (Correct answer)
20 years

Correct answer: No limitation period

Under RCW 9A.04.080, there is no statute of limitations for class A felonies in Washington — they may be prosecuted at any time.

Question 4: If Axton’s heirs permit Valentino to mine, and the jurisdiction in which the land is located does not follow the Open Mines Doctrine,<br> what are Valentino’s rights?

Valentino can mine without restriction and can strip the land of all gold.
Valentino can only mine if necessary to obtain funds for repair and maintenance of the property.
Valentino can only mine on land that was already opened up for mining.
Valentino can mine any part of the property, but there is a restriction on the amount of gold he can remove. (Correct answer)

Correct answer: Valentino can mine any part of the property, but there is a restriction on the amount of gold he can remove.

Even if the Open Mines Doctrine does not apply, if Axton's heirs permit Valentino to mine, Valentino can proceed with mining. However, the doctrine of waste still generally applies to prevent excessive exploitation that would harm the future interest. Therefore, Valentino can mine any part of the property, but there will likely be a restriction on the amount of gold he can remove to prevent unreasonable depletion of the resource and protect the value for the remaindermen.

Question 5: Under Washington law, what is the deadline for filing a notice of appeal from a superior court final judgment?

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

Correct answer: 30 days

RAP 5.2(a) requires that a notice of appeal be filed within 30 days after entry of the final judgment or order sought to be reviewed.

Question 6: Washington's Domestic Violence Prevention Act (RCW 26.50) authorizes courts to issue a protection order with an ex parte temporary restraining order based on:

A preponderance of evidence that domestic violence has occurred
Proof beyond a reasonable doubt of domestic violence
The agreement of both parties
A petitioner's sworn statement showing reasonable grounds to believe domestic violence occurred (Correct answer)

Correct answer: A petitioner's sworn statement showing reasonable grounds to believe domestic violence occurred

A Washington ex parte temporary protection order may be issued based on the petitioner's sworn declaration showing reasonable grounds to believe domestic violence occurred, without the respondent's presence.

Question 7: What is required for the formation of a limited liability company (LLC) in Washington?

The issuance of shares to members
Filing Articles of Organization with the Secretary of State (Correct answer)
A formal partnership agreement
A minimum of two members

Correct answer: Filing Articles of Organization with the Secretary of State

The formation of a Limited Liability Company (LLC) in Washington, like in most states, is a statutory process that requires filing specific documents with the state. The primary document required for legal formation is the Articles of Organization, which must be filed with the Washington Secretary of State. This formal filing establishes the LLC as a distinct legal entity.

Question 8: Under Washington law, at what age does a child's preference regarding custody become a significant factor courts consider?

Age 14
Age 12 (Correct answer)
Any age if the child can articulate a preference
Age 16

Correct answer: Age 12

While there is no specific statutory age, Washington courts give increasing weight to a child's preference by age 12, when the child is deemed mature enough to express a reasoned preference.

Question 9: Under Washington's rape shield law (RCW 9A.44.020), evidence of a victim's prior sexual conduct:

Is generally inadmissible unless the court finds specific relevance after an in camera hearing (Correct answer)
Is admissible in all cases where the victim is a public figure
May be admitted if the defendant testifies
Is always admissible to show consent

Correct answer: Is generally inadmissible unless the court finds specific relevance after an in camera hearing

Washington's rape shield law bars admission of a victim's past sexual conduct unless the court conducts an in camera hearing and finds the evidence relevant to a specific defense.

Question 10: Which of the following scenarios would most likely lead to a violation of the duty of competence under the Washington Rules of Professional Conduct?

Conducting thorough research before taking on a new type of case
Taking on a new case in an area of law in which the lawyer has no experience, without adequate preparation (Correct answer)
Referring a case to another lawyer with more expertise
Consulting with a mentor to gain knowledge in a new area of law

Correct answer: Taking on a new case in an area of law in which the lawyer has no experience, without adequate preparation

The duty of competence requires a lawyer to possess the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Taking on a new case in an unfamiliar area of law without adequate preparation or associating with a competent lawyer directly violates this duty, as it risks providing substandard representation to the client. Referring the case, consulting a mentor, or conducting thorough research are all ways to uphold the duty of competence.

Question 11: In Washington, what is the effect of a valid lis pendens recorded against real property?

It provides constructive notice to subsequent purchasers of the pending litigation (Correct answer)
It creates a lien on the property equal to the claimed damages
It prevents any further transfer of the property
It transfers title to the plaintiff

Correct answer: It provides constructive notice to subsequent purchasers of the pending litigation

A Washington lis pendens (notice of pendency of action) under RCW 4.28.320 gives constructive notice that the property is subject to a pending court action, binding subsequent purchasers.

Question 12: Under Washington law, the doctrine of res ipsa loquitur permits a plaintiff to:

Automatically obtain a directed verdict without presenting any evidence of negligence
Recover without proving causation whenever the defendant had exclusive control
Shift the entire burden of proof to the defendant to disprove negligence
Establish a permissible inference of negligence without direct proof of the specific negligent act (Correct answer)

Correct answer: Establish a permissible inference of negligence without direct proof of the specific negligent act

Res ipsa loquitur in Washington creates a permissible inference of negligence when the injury is the kind that ordinarily does not occur without negligence and the instrumentality was in the defendant's exclusive control.

Question 13: Which of the following actions would most likely constitute a conflict of interest under the Washington Rules of Professional Conduct?

Offering free legal advice at a public seminar
Representing two clients in unrelated matters
Representing a client in a matter where the lawyer has a personal financial interest (Correct answer)
Representing a client in a pro bono case

Correct answer: Representing a client in a matter where the lawyer has a personal financial interest

A conflict of interest arises when a lawyer's personal interests materially limit their ability to represent a client impartially and effectively. Having a personal financial interest in the outcome or subject matter of a client's case creates a significant risk that the lawyer's judgment will be swayed by their own benefit rather than solely the client's best interests. This situation requires strict adherence to ethical rules, often including informed client consent or declining the representation.

Question 14: In Washington, which court has general subject matter jurisdiction over civil cases?

Municipal Court
Superior Court (Correct answer)
District Court
Court of Appeals

Correct answer: Superior Court

Washington Superior Court has general subject matter jurisdiction over civil matters, including cases exceeding the $100,000 district court limit.

Question 15: Under Washington law, which of the following creates a presumption of paternity?

The man and mother were married at the time of the child's birth (Correct answer)
The man acknowledges paternity informally
The man's name appears on the birth certificate
The man has supported the child financially

Correct answer: The man and mother were married at the time of the child's birth

Under RCW 26.26A.115, a man is presumed to be a child's parent if he was married to the woman when the child was born or if the marriage ended fewer than 300 days before the birth.

Question 16: In Washington, what is the period required for adverse possession to ripen into title when the possessor does not have color of title?

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

Correct answer: 10 years

Under RCW 7.28.050, adverse possession in Washington requires 10 years of continuous, actual, open, notorious, exclusive, and hostile possession.

Question 17: Under Washington's long-arm statute (RCW 4.28.185), which of the following is NOT a basis for personal jurisdiction?

Transacting business in Washington
Committing a tortious act in Washington
Having a registered agent in a neighboring state (Correct answer)
Owning real property in Washington

Correct answer: Having a registered agent in a neighboring state

Washington's long-arm statute does not extend jurisdiction based solely on a party maintaining a registered agent in a neighboring state with no Washington contacts.

Question 18: In Washington, what must a bystander establish to bring a claim for negligent infliction of emotional distress (NIED) after witnessing injury to a family member?

The bystander must have a pre-existing diagnosed psychiatric disorder
The bystander must be a close family member who contemporaneously perceived the serious injury or death of the primary victim caused by the defendant (Correct answer)
The bystander must have been within the zone of danger and feared for their own safety
The bystander must have suffered a physical impact from the defendant's conduct

Correct answer: The bystander must be a close family member who contemporaneously perceived the serious injury or death of the primary victim caused by the defendant

Washington permits bystander NIED recovery for close family members who contemporaneously perceive the serious injury or death of another person caused by the defendant's negligence.

Question 19: Under Washington CR 56, a motion for summary judgment must be filed at least how many days before the hearing?

28 days (Correct answer)
20 days
14 days
10 days

Correct answer: 28 days

Washington CR 56 requires that a motion for summary judgment be served and filed at least 28 days before the hearing date.

Question 20: What is the statute of limitations for personal injury actions in Washington?

2 years
6 years
3 years (Correct answer)
4 years

Correct answer: 3 years

Under RCW 4.16.080, Washington's statute of limitations for personal injury actions is 3 years from the date of the injury.

Question 21: Under what circumstances can a Washington lawyer enter into a business transaction with a client?

When the client initiates the transaction
When the lawyer has previously entered into a business transaction with another client
When the transaction is fair and reasonable, the client is fully informed, and the client gives informed consent in writing (Correct answer)
When the transaction is for the lawyer's benefit

Correct answer: When the transaction is fair and reasonable, the client is fully informed, and the client gives informed consent in writing

Entering into a business transaction with a client presents a significant risk of conflict of interest due to the lawyer's influence and superior knowledge. To protect the client, such transactions are only permissible if the terms are fair and reasonable to the client, the client is fully informed of the terms and the desirability of seeking independent legal counsel, and the client gives informed consent in writing. These safeguards ensure the client's interests are paramount.

Question 22: Washington has adopted the Uniform Commercial Code. Under UCC Article 2 as adopted in Washington, which type of contract does Article 2 govern?

Contracts for the sale of real property
All commercial contracts regardless of subject matter
Contracts for services only
Contracts for the sale of goods (Correct answer)

Correct answer: Contracts for the sale of goods

Washington's UCC Article 2 (RCW 62A.2) governs contracts for the sale of goods — tangible, movable items — and does not apply to service or real property contracts.

Question 23: Under Washington's class action rule (CR 23), which element is NOT required for class certification?

Commonality
Typicality
Numerosity
Predominance of individual issues (Correct answer)

Correct answer: Predominance of individual issues

Predominance of individual issues defeats, rather than supports, class certification; Washington CR 23 requires numerosity, commonality, typicality, and adequate representation.

Question 24: Washington recognizes strict liability for which of the following?

Operating a business open to members of the general public
Engaging in abnormally dangerous activities (Correct answer)
Manufacturing any consumer product sold in interstate commerce
Owning a domestic dog that bites someone for the very first time

Correct answer: Engaging in abnormally dangerous activities

Washington applies strict liability under the Restatement approach for abnormally dangerous activities that pose serious risks not capable of being eliminated through the exercise of reasonable care.

Question 25: What is the primary ethical duty of a lawyer when they suspect that their client is involved in illegal activity?

Report the client to law enforcement immediately
Withdraw from the representation if continued involvement would assist the illegal activity (Correct answer)
Disclose the suspicion to the opposing counsel
Ignore the suspicion and continue representation

Correct answer: Withdraw from the representation if continued involvement would assist the illegal activity

A lawyer cannot counsel a client to engage in, or assist a client in, conduct the lawyer knows is criminal or fraudulent. If a lawyer suspects their client is involved in illegal activity and continued representation would involve the lawyer in that activity, the lawyer has an ethical obligation to withdraw from the representation. This prevents the lawyer from inadvertently or knowingly aiding in illegal conduct.

Question 26: What is the statute of limitations for medical malpractice claims in Washington, and does a statute of repose apply?

1 year from discovery of the injury, with no statute of repose
2 years from the negligent act or 1 year from discovery, with a 6-year statute of repose
4 years from discovery of the injury, with a 10-year statute of repose
3 years from the negligent act or 1 year from discovery (whichever expires later), with an 8-year statute of repose (Correct answer)

Correct answer: 3 years from the negligent act or 1 year from discovery (whichever expires later), with an 8-year statute of repose

RCW 4.16.350 provides three years from the act or one year from discovery, whichever expires later, but no action may be brought more than eight years after the negligent act or omission.

Question 27: In Washington, a court may modify a final parenting plan based on a showing of:

Any change in circumstances since the original order
Either parent's desire for more parenting time
A substantial change in the circumstances of the child or either parent (Correct answer)
The child's stated preference regardless of other factors

Correct answer: A substantial change in the circumstances of the child or either parent

Under RCW 26.09.260, modification of a final parenting plan requires a threshold showing of a substantial change in circumstances, protecting stability for the child.

Question 28: Washington is a no-fault divorce state. Under RCW 26.09.030, the only ground for dissolution of marriage is:

Irretrievable breakdown of the marriage (Correct answer)
Adultery or abuse
Mutual consent of both parties
Irreconcilable differences

Correct answer: Irretrievable breakdown of the marriage

Washington's dissolution statute requires only that the marriage is 'irretrievably broken' — no fault or specific grounds need be proven.

Question 29: Under Washington's liquidated damages doctrine, a liquidated damages clause is enforceable when:

The clause was negotiated at arm's length only
The clause is included in a UCC goods contract only
Actual damages were difficult to estimate at contract formation and the stipulated amount is a reasonable forecast of compensation (Correct answer)
The agreed amount exceeds actual damages

Correct answer: Actual damages were difficult to estimate at contract formation and the stipulated amount is a reasonable forecast of compensation

Washington enforces liquidated damages clauses when damages were difficult to estimate at the time of contracting and the agreed amount reasonably approximates anticipated harm — otherwise the clause is an unenforceable penalty.

Question 30: Under Washington's Consumer Protection Act (RCW 19.86), a private plaintiff seeking damages must prove which elements?

Misrepresentation, causation, and bodily injury
Breach of warranty, reliance, and consequential damages
Fraud, intent, and actual damages only
Unfair or deceptive act in trade/commerce, public interest impact, and injury to plaintiff's business or property (Correct answer)

Correct answer: Unfair or deceptive act in trade/commerce, public interest impact, and injury to plaintiff's business or property

A Washington CPA private claim requires an unfair or deceptive act in trade or commerce, affecting the public interest, that caused injury to the plaintiff's business or property.

Washington Bar Examination (NextGen UBE)

The Washington Bar Examination is a NextGen Uniform Bar Examination administered over 1.5 days, testing applicants on eight foundational legal subjects, professional conduct, and lawyering skills through multiple-choice questions, integrated question sets, and performance tasks. A scaled score of 610 out of 750 is required for admission to the Washington State Bar.

120

Questions

216 min

Time Limit

65%

To Pass

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Exam Rules

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Unanswered questions count as wrong — answer everything
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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

ncbex.org — Test delivery, exam information · verified Nov 2026
admissions.wsba.org — Exam dates, exam information · verified Oct 2026