Washington Bar Examination (NextGen UBE) — Questions and Answers

Question 1: In Washington, how is separate property treated upon dissolution of marriage?

Separate property is excluded from all dissolution proceedings
Separate property is always divided equally between spouses
Separate property is awarded to the owning spouse, but the court has discretion to allocate it justly (Correct answer)
Separate property automatically becomes community property upon marriage

Correct answer: Separate property is awarded to the owning spouse, but the court has discretion to allocate it justly

Under RCW 26.09.080, Washington courts may distribute all property, including separate property, 'justly and equitably,' giving the court discretion to consider fairness in distribution.

Question 2: Under the Washington Parenting Act (RCW 26.09.187), the primary factor in creating a parenting plan is:

The child's preference regardless of age
The best interests of the child (Correct answer)
The financial resources of each parent
Equal division of parenting time between parents

Correct answer: The best interests of the child

RCW 26.09.187 requires the court to approve a parenting plan that serves the best interests of the child, which is the paramount consideration in all custody determinations.

Question 3: What Washington statute governs the creation and enforcement of easements by necessity?

RCW 7.28.050
RCW 8.24.010 (private ways of necessity) (Correct answer)
RCW 64.04.005
RCW 65.08.070

Correct answer: RCW 8.24.010 (private ways of necessity)

RCW 8.24.010 authorizes a property owner whose land is surrounded and has no access to a public road to obtain a private way of necessity through a neighboring parcel.

Question 4: Washington follows which approach to comparative fault in tort cases?

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

Correct answer: Modified comparative fault (50% bar)

Washington applies pure comparative fault under RCW 4.22.005, meaning a plaintiff may recover even if 99% at fault, with damages reduced proportionally.

Question 5: 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 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
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)

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

Actual damages were difficult to estimate at contract formation and the stipulated amount is a reasonable forecast of compensation (Correct answer)
The clause was negotiated at arm's length only
The clause is included in a UCC goods contract only
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 7: Washington has adopted the Uniform Electronic Transactions Act (UETA). Under UETA, an electronic signature:

Requires government certification to be enforceable
Has the same legal effect as a handwritten signature when the parties agree to conduct business electronically (Correct answer)
Only applies to consumer contracts
Is never valid for real property transactions

Correct answer: Has the same legal effect as a handwritten signature when the parties agree to conduct business electronically

Under RCW 19.360 (UETA), an electronic signature has the same legal force as a handwritten signature when parties agree — by conduct or expressly — to transact electronically.

Question 8: Which of the following is considered unethical under the Washington Rules of Professional Conduct?

Advertising legal services on social media
Soliciting clients in-person when the solicitation involves coercion, duress, or harassment (Correct answer)
Charging a contingent fee in a personal injury case
Charging a non-refundable retainer that is reasonable in amount

Correct answer: Soliciting clients in-person when the solicitation involves coercion, duress, or harassment

While lawyers can generally advertise and engage in some forms of direct client contact, the Washington Rules of Professional Conduct strictly prohibit in-person solicitation that involves coercion, duress, or harassment. This rule aims to protect potential clients from undue influence and pressure, ensuring that any decision to retain legal services is made freely and voluntarily.

Question 9: Which of the following actions would most likely constitute a conflict of interest under the Washington Rules of Professional Conduct?

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

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 10: Washington's Uniform Common Interest Ownership Act primarily governs which type of property?

Public housing developments
Condominiums and homeowner associations (Correct answer)
Commercial office parks
Agricultural co-ops

Correct answer: Condominiums and homeowner associations

Washington's Condominium Act (RCW 64.34) and Homeowners' Association Act (RCW 64.38) govern condominiums and planned communities, including unit owners' rights and HOA powers.

Question 11: Washington uses a Sentencing Reform Act (SRA) grid. What are the two axes of the standard range grid?

Offense seriousness level and offender score (Correct answer)
Prior convictions and offense type
Offense class and victim impact
Offense severity and defendant's age

Correct answer: Offense seriousness level and offender score

Washington's SRA grid at RCW 9.94A.510 uses offense seriousness level (I–XVI) on one axis and offender score (0–9+) on the other to determine the standard sentence range.

Question 12: Herb is selling his home in the northwest to retire in the south. He has a large house filled with antique furniture, but he cannot take it all to his smaller home in the south. The buyer of the home wants it vacant. Herb calls his nephew Joe and tells Joe that if he moves the furniture out of his home, he can have it. Joe agrees, so he rents a truck and drives 300 miles to his uncle’s home and places the furniture into the truck. Before Joe departs, Uncle Herb decides that he wants to keep the furniture. Was a valid contract formed? I. Yes. There was a bargained for exchange. II. Yes. Herb made a valid unilateral contract offer. III. No. Herb merely stated a condition for Joe to receive a gift.

III only
II
I only (Correct answer)
I and II

Correct answer: I only

A valid unilateral contract was formed because Herb made an offer that could only be accepted by Joe's performance, not a promise. Joe's actions of renting a truck and driving 300 miles constitute the requested performance, which serves as consideration for the contract. This performance created a bargained-for exchange, making the contract enforceable once Joe began his performance, preventing Herb from revoking the offer.

Question 13: Washington is a community property state. Which of the following is classified as community property?

Property owned by one spouse before marriage
Wages earned by either spouse during marriage (Correct answer)
Gifts made to one spouse during marriage
Inheritance received by one spouse during marriage

Correct answer: Wages earned by either spouse during marriage

Under RCW 26.16.030, wages and earnings acquired during marriage are community property in Washington.

Question 14: Boris is walking on a County street. His doctor had recommended that he stay in bed. He turns ill and stumbles along the sidewalk. He comes to a sidewalk vault that is flush with the sidewalk, but not in a hazardous condition. Boris misses a step and trips over the vault. He falls to the ground and breaks his left ankle and hip. He sues the owner of the vault for negligently maintaining it. A settlement offer is made to Boris by the vault owner’s insurance company, but Boris rejects it and wants more. At trial, the vault owner’s defense is that Boris was negligent and the sole proximate cause of his injuries. The vault owner calls a man who saw the accident to the stand. The vault owner’s attorney wants to question the witness about what he observed. The attorney asks the witness to describe how Boris looked. The witness states that Boris looked old, ill and looked like he suffered from AIDS. Boris’ attorney objects. Will the Court overrule the objection and allow the witness’ answer to stand?

Yes, The testimony is based upon the witness perception.
Yes. since the witness can testify to a personal observation.
No, The objection will be sustained.
The court will partially overrule the objection, and only allow the testimony pertaining Boris age and that he appeared ill. (Correct answer)

Correct answer: The court will partially overrule the objection, and only allow the testimony pertaining Boris age and that he appeared ill.

A lay witness can testify to observations that are rationally based on their perception and helpful to understanding their testimony, such as a person's age or apparent illness. However, a lay witness cannot offer an opinion that requires specialized medical knowledge, like diagnosing a specific disease such as AIDS. Therefore, the court will allow testimony about Boris looking old and ill, but not the speculative diagnosis of AIDS.

Question 15: Under Washington CR 56, a motion for summary judgment must be filed at least how many days before the hearing?

10 days
28 days (Correct answer)
20 days
14 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 16: Which of the following scenarios would most likely lead to a violation of the duty of competence under the Washington Rules of Professional Conduct?

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

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

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

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 18: Under Washington law, the parol evidence rule bars introduction of extrinsic evidence to:

Show fraud in the inducement of a contract
Contradict or supplement the terms of a fully integrated written agreement (Correct answer)
Prove the contract was orally modified after execution
Explain an ambiguous term in a written contract

Correct answer: Contradict or supplement the terms of a fully integrated written agreement

Washington's parol evidence rule prevents parties from using prior or contemporaneous oral agreements to contradict the terms of a fully integrated written contract.

Question 19: Washington's Relocation Act (RCW 26.09.405) requires a parent with primary custody who intends to relocate with a child to provide how many days' advance notice?

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

Correct answer: 60 days

Under RCW 26.09.440, a relocating parent must provide at least 60 days' written notice to the other parent and to the court before the intended relocation date.

Question 20: 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
The agreement of both parties
A petitioner's sworn statement showing reasonable grounds to believe domestic violence occurred (Correct answer)
Proof beyond a reasonable doubt of domestic violence

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 21: Under what circumstances can a Washington lawyer enter into a business transaction with a 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 lawyer has previously entered into a business transaction with another client
When the client initiates the transaction
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's Product Liability Act (WPLA, RCW 7.72) governs which categories of product liability claims?

Only manufacturing defect claims against the original manufacturer
Only personal injury claims, excluding property damage and economic loss
Manufacturing defects, design defects, and failure to warn claims (Correct answer)
Claims against retailers only, not upstream manufacturers or designers

Correct answer: Manufacturing defects, design defects, and failure to warn claims

The WPLA provides a comprehensive statutory framework covering all three classic defect categories: manufacturing defects, design defects, and inadequate warnings or instructions.

Question 23: When a Washington landlord seeks to terminate a month-to-month tenancy without cause, what notice is required?

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

Correct answer: 20 days

Under RCW 59.18.200, as amended by recent Washington legislation, landlords must provide 20 days' written notice to terminate a month-to-month tenancy without cause.

Question 24: Under Washington law, what is the statute of limitations for prosecuting a class A felony?

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

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 25: In Washington, a vendor selling real property under an installment land contract who accepts payments after the buyer's default may be required to:

Terminate the contract with 30 days' notice only
Immediately evict the buyer
Forfeit all prior payments received
Seek judicial foreclosure rather than forfeiture (Correct answer)

Correct answer: Seek judicial foreclosure rather than forfeiture

Washington courts may require equitable foreclosure rather than strict forfeiture when a buyer has made substantial payments and the vendor's conduct waives strict compliance with contract terms.

Question 26: Washington CR 11 sanctions may be imposed for which of the following?

Failing to appear at a deposition
Missing a filing deadline
Losing a motion
Filing a pleading for an improper purpose (Correct answer)

Correct answer: Filing a pleading for an improper purpose

CR 11 authorizes sanctions when a pleading, motion, or other paper is filed for an improper purpose such as harassment or to cause unnecessary delay.

Question 27: Under Washington's doctrine of implied dedication, a private landowner may lose the right to exclude the public if:

The county records a plat showing the land as public
The owner manifests intent to dedicate and the public accepts through use (Correct answer)
The owner verbally grants permission for 10 years
The land has been open to the public for 7 years

Correct answer: The owner manifests intent to dedicate and the public accepts through use

An implied dedication in Washington requires clear evidence that the owner intended to offer the land for public use and that the public accepted the dedication through actual use.

Question 28: Under Washington law, which of the following is true regarding the liability of a partner in a limited partnership?

Limited partners manage the business and have full liability
General partners have limited liability
All partners share equal liability
Limited partners are liable only to the extent of their capital contributions (Correct answer)

Correct answer: Limited partners are liable only to the extent of their capital contributions

Under Washington law, limited partners in a limited partnership enjoy limited liability, meaning their personal assets are protected from the partnership's debts and obligations. Their liability is restricted solely to the amount of capital they have contributed or agreed to contribute to the partnership. General partners, however, retain full personal liability.

Question 29: While Junior is out trapping in the Alaskan forest, his neighbor Franco trespasses onto Junior’s land and cuts down 500 of Junior’s corn stalks, which Franco’s wife will use to make corn bread for the county fair. Franco takes 250 of the stalks home and leaves the remaining stalks next to Junior’s barn. Franco plans to come back later at night to pick up the rest. Junior comes home and finds the 250 stalks and is baffled. He moves them onto his flat bed trailer and places a tarp over them. When Franco returns to Junior’s property later that night, he learns that the stalks were moved from the area where he left them next to the barn. He spends a half hour looking for them and finally finds them on Junior’s trailer. He takes off the tarp and brings the stalks home. Junior reviews his video surveillance system and observes Franco cutting down the stalks and his subsequent actions. He contacts the police, who charge Franco with larceny of 500 stalks. Franco objects to the charges. Has Franco committed larceny?

No, He is guilty of common law conversion
Yes , He is guilty of larceny of 500 stalks.
No, He has not committed larceny, only trespass.
Yes, He is guilty of larceny. (Correct answer)

Correct answer: Yes, He is guilty of larceny.

Franco committed larceny because he severed the corn stalks from the land, converting them into personal property. His act of taking and carrying away the stalks, even in two stages, with the intent to permanently deprive Junior of them, fulfills the elements of larceny. The fact that Junior moved the remaining stalks does not negate Franco's initial intent or subsequent taking, as the property still belonged to Junior.

Question 30: Under the Washington Civil Rules, how many days does a defendant have to serve an answer after being served with a summons and complaint?

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

Correct answer: 30 days

Under CR 12(a), a defendant in Washington must serve an answer within 20 days of service, but the Washington rules provide 30 days when service is by publication.

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.

Questions

55 min

Time Limit

65%

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