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WASHINGTON BAR EXAM (NEXTGEN UBE)
PRACTICE EXAM | 100 ORIGINAL MULTIPLE-CHOICE
QUESTIONS WITH DETAILED ANSWER
EXPLANATIONS FOR EXCELLENT CREATININE
EDITION
1. A homeowner hired a contractor to build a detached garage for $90,000. The written contract required completion by June 1. On May 15, a fire destroyed the contractor's warehouse and all of the contractor's construction equipment. The equipment was uninsured but readily available for purchase on the open market. The contractor informed the homeowner that performance was impossible and refused to complete the project. What is the homeowner's strongest legal argument? A. The contract was discharged because the fire made performance impossible. B. The contractor remains liable because the fire merely increased the cost of performance rather than making it objectively impossible. C. The homeowner must share the contractor's financial loss because both parties assumed the risk. D. The contractor is excused under the doctrine of commercial impracticability whenever property is destroyed. Rationale: Destruction of a contractor's own equipment generally does not discharge contractual duties because replacement equipment is ordinarily available. Increased expense alone does not constitute impossibility or impracticability.
2. During a robbery trial, the prosecutor offers testimony from a witness who states, "The victim told me immediately after the robbery, 'The man in the blue jacket stole my wallet!'" The testimony is most likely: A. Inadmissible because it is hearsay without exception. B. Inadmissible because the victim is available to testify. C. Admissible as an excited utterance if the statement was made while the victim remained under the stress of the event. D. Admissible only if the defendant first testifies. Rationale: A statement relating to a startling event made while the declarant remains under the stress of excitement qualifies as the excited utterance exception to the hearsay rule. 3. Police officers stopped a vehicle for speeding. While writing the citation, one officer opened the vehicle's trunk without consent or probable cause and discovered illegal narcotics. The narcotics are most likely: A. Admissible because a traffic stop permits a search of the entire vehicle. B. Admissible under the automobile exception. C. Admissible because speeding creates probable cause to search. D. Subject to suppression because the warrantless trunk search exceeded the permissible scope of the traffic stop. Rationale: A routine traffic stop alone does not authorize a warrantless search of a vehicle's trunk absent probable cause, consent, or another recognized exception.
The restaurant is most likely liable because: A. Businesses are insurers of customer safety. B. Liability exists whenever an injury occurs on commercial property. C. The restaurant had actual notice of the dangerous condition and failed to exercise reasonable care. D. Comparative negligence never applies in premises liability cases. Rationale: A business owes invitees a duty to exercise reasonable care. Actual knowledge of a dangerous condition coupled with failure to remedy it supports negligence liability.
7. A corporation's board approved a merger without reviewing the financial statements or consulting advisers. Shareholders later sued the directors for breach of fiduciary duty. The shareholders' strongest claim is that the directors violated: A. The duty of loyalty. B. The duty to maximize dividends. C. The duty of care by failing to make an informed business decision. D. Federal securities laws. Rationale: Directors must act on an informed basis. Failure to adequately investigate a significant corporate transaction may constitute a breach of the duty of care. 8. A state enacted a law prohibiting all demonstrations within one mile of any courthouse regardless of the size, purpose, or timing of the protest. The law is most vulnerable to constitutional challenge because it: A. Violates substantive due process.
B. Is likely an overly broad restriction on speech in a public forum that is not narrowly tailored. C. Constitutes an unconstitutional taking. D. Denies equal protection because it affects only demonstrators. Rationale: Restrictions on speech in traditional public forums must generally be content-neutral, narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels of communication.
9. A seller shipped goods that materially failed to conform to the parties' sales contract. The buyer rejected the shipment within a reasonable time and promptly notified the seller. Under the Uniform Commercial Code, the buyer: A. Must accept the goods if most conform. B. Must sue before rejecting the goods. C. May reject the entire shipment if the nonconformity substantially affects the tender under the perfect tender rule. D. Automatically becomes liable for storage costs forever. Rationale: Under the UCC's perfect tender rule, a buyer generally may reject goods that fail to conform to the contract, subject to the seller's right to cure where applicable. 10. A defendant intentionally struck another person during an argument, causing a broken nose. The plaintiff's strongest tort claim is: A. Negligence. B. False imprisonment.
A. Inadmissible hearsay. B. Character evidence. C. Opinion testimony. D. Admissible because it is based on the witness's firsthand perception. Rationale: A witness with personal knowledge may testify regarding facts personally observed. This testimony is not hearsay because it is not an out-of-court statement.
73. Police officers obtained a warrant authorizing a search for stolen laptop computers. While searching a bedroom closet large enough to contain a laptop, officers found an unregistered sawed-off shotgun in plain view. The shotgun is: A. Inadmissible because it was not listed in the warrant. B. Admissible only if officers later obtain a second warrant. C. Admissible because it was discovered during a lawful search and its incriminating nature was immediately apparent. D. Inadmissible because firearms require separate authorization. Rationale: The plain-view doctrine permits seizure of incriminating evidence discovered while officers are lawfully searching areas authorized by a valid warrant. 74. During litigation in federal court, a defendant intentionally deletes relevant emails after receiving a preservation notice from counsel. The court is most likely to: A. Ignore the deletion because electronic evidence is replaceable.
B. Impose sanctions for spoliation of electronically stored information if the required legal standards are met. C. Automatically enter judgment for the plaintiff. D. Exclude all of the defendant's future evidence regardless of prejudice. Rationale: Federal courts may impose sanctions for intentional destruction of electronically stored information, with the sanction depending on the intent, prejudice, and applicable procedural rules.
75. A landowner granted a utility easement permitting access to underground water lines. The landowner later constructed a permanent concrete structure directly over the access point, making repairs impossible. The utility company will most likely: A. Lose the easement because the structure is permanent. B. Be limited to monetary damages only. C. Obtain injunctive relief requiring removal or modification of the obstruction because it materially interferes with the easement. D. Acquire ownership of the surrounding land. Rationale: A servient estate owner may use the property but may not substantially interfere with the easement holder's reasonable use. 76. A fireworks company stored large quantities of commercial explosives in accordance with all safety regulations. Despite exercising reasonable care, an accidental explosion damaged neighboring homes. The company is most likely: A. Not liable because it complied with all regulations. B. Liable only if negligence is proven.
D. Unconstitutional unless permits are free of charge in every circumstance. Rationale: Objective, viewpoint-neutral permit systems serving significant governmental interests are generally constitutional.
79. A merchant delivered machinery that failed to satisfy contract specifications. The buyer rejected the shipment immediately. Before the contractual delivery deadline, the merchant delivered fully conforming machinery. Under the UCC: A. The buyer may reject the replacement goods automatically. B. The contract terminated upon the initial rejection. C. The seller properly exercised the right to cure by making a conforming delivery within the contract period. D. The buyer automatically recovers consequential damages. Rationale: The UCC allows a seller to cure a defective tender by making a conforming delivery before the contract deadline. 80. During an argument, Taylor intentionally swung a metal pipe at Jordan intending to strike Jordan. Jordan stepped aside, and the pipe instead struck Avery. Avery's strongest claim is: A. Negligence. B. Assault. C. False imprisonment. D. Battery under the doctrine of transferred intent.
Rationale: Transferred intent applies when a defendant intends to commit an intentional tort against one person but instead causes harmful or offensive contact to another.
81. A contractor agreed to renovate an office building for $750,000. Before work began, the owner notified the contractor in writing that the project had been canceled and that the owner would not perform under the contract. The contractor had not yet incurred substantial expenses but could have accepted other work. What is the contractor's best course of action? A. Wait until the scheduled completion date before filing suit. B. Continue preparing to perform despite the owner's refusal. C. Treat the owner's communication as an anticipatory repudiation, mitigate damages where reasonable, and seek expectation damages. D. Demand specific performance because construction contracts are uniquely enforceable. Rationale: A clear refusal to perform before performance is due constitutes anticipatory repudiation. The non-breaching party should take reasonable steps to mitigate damages and may immediately pursue available contract remedies. 82. During a murder trial, a witness testifies that she personally observed the defendant leave the victim's home carrying a bloody knife moments after hearing screams. The testimony is: A. Hearsay because it concerns past events. B. Inadmissible because it is prejudicial.
Rationale: Federal courts have broad discretion to impose sanctions, including dismissal in extreme cases of willful discovery abuse.
85. A landowner granted an easement allowing a neighboring farm to transport equipment across a private roadway. The landowner later installed a locked gate and refused to provide a key. The neighboring farmer is most likely entitled to: A. Nothing because the landowner owns the roadway. B. Monetary damages only. C. An injunction requiring the landowner to cease unreasonably interfering with the easement. D. Ownership of the roadway. Rationale: A servient owner may not substantially interfere with an easement holder's lawful use of the easement. 86. A company transported highly explosive materials through a residential neighborhood. Despite complying with all applicable regulations, an accidental explosion damaged nearby homes. The company is most likely: A. Liable only upon proof of negligence. B. Immune because regulatory standards were met. C. Strictly liable because transporting explosives is an abnormally dangerous activity. D. Liable only if intentional misconduct is shown. Rationale: Strict liability generally applies to abnormally dangerous activities regardless of the care exercised.
87. A corporation's chief financial officer secretly caused the corporation to purchase supplies from a business owned by the officer at inflated prices without disclosing the relationship. The officer most likely breached: A. Only the duty of care. B. No fiduciary duty because the corporation received supplies. C. The duty of loyalty by engaging in an undisclosed self-dealing transaction. D. Only contractual obligations. Rationale: Corporate officers owe a duty of loyalty and must disclose conflicts of interest. Undisclosed self-dealing is generally a breach of that duty. 88. A municipality requires permits for large public assemblies. Permit decisions are based solely on crowd size, traffic management, emergency access, and park availability. The rules apply equally regardless of viewpoint. The ordinance is most likely: A. Unconstitutional because permits burden speech. B. Constitutional as a content-neutral time, place, and manner regulation. C. Unconstitutional because parks are public forums. D. Unconstitutional because it regulates expressive conduct. Rationale: Objective, viewpoint-neutral permitting systems that serve significant governmental interests and leave open ample alternative channels for communication are generally constitutional.
91. A manufacturer agreed to deliver 10,000 custom glass bottles to a beverage company by May 1. On April 10, the manufacturer notified the buyer that it would not perform because another purchaser had offered a significantly higher price. The beverage company immediately purchased comparable bottles from another supplier at a higher market price. The beverage company's strongest remedy is: A. Specific performance because all custom goods are unique. B. Cover damages consisting of the reasonable difference between the contract price and the cost of substitute goods, plus any recoverable incidental and consequential damages. C. Punitive damages because the breach was intentional. D. Restitution only. Rationale: Under the UCC, a buyer may "cover" by purchasing substitute goods in good faith and recover the additional reasonable costs caused by the seller's breach. 92. During a criminal trial, a witness testifies that she personally observed the defendant force open a locked window and enter the victim's home late at night. The testimony is: A. Inadmissible hearsay. B. Opinion testimony. C. Character evidence. D. Admissible because it is based on the witness's firsthand personal knowledge. Rationale: A witness may testify to facts personally observed if the testimony is relevant and otherwise admissible.
93. Police officers executed a valid search warrant authorizing a search for stolen computers. While opening a large storage cabinet capable of containing computers, officers discovered illegal narcotics in plain view. The narcotics are: A. Inadmissible because they were not identified in the warrant. B. Admissible only if officers first obtain another warrant. C. Admissible because officers lawfully discovered them while searching within the authorized scope of the warrant. D. Admissible only with the suspect's consent. Rationale: The plain-view doctrine permits seizure of incriminating evidence encountered while officers are lawfully executing a valid search warrant. 94. During federal litigation, a defendant repeatedly refuses to comply with discovery orders despite warnings from the court. The violations significantly prejudice the plaintiff's ability to prepare for trial. The court may: A. Only award attorney's fees. B. Impose severe sanctions, including default judgment, if appropriate under the circumstances. C. Take no action because discovery disputes should be resolved privately. D. Automatically dismiss the plaintiff's complaint. Rationale: Federal courts have broad authority to sanction willful discovery violations, including entering default judgment in appropriate cases. 95. A property owner granted an easement permitting a telecommunications company to maintain fiber-optic cables beneath the owner's land. The owner later
A. Only the duty of care. B. No fiduciary duty because the corporation received office space. C. The Business Judgment Rule. D. The duty of loyalty by engaging in an undisclosed self-dealing transaction. Rationale: Corporate fiduciaries must disclose conflicts of interest and avoid self- dealing that benefits them at the corporation's expense.
98. A city ordinance requires permits for outdoor festivals expected to attract more than 1,000 attendees. The permit system relies on objective criteria related to public safety, emergency access, sanitation, and scheduling and applies equally to all applicants. The ordinance is most likely: A. Unconstitutional because festivals involve expressive conduct. B. Unconstitutional because large gatherings receive absolute First Amendment protection. C. Constitutional as a content-neutral time, place, and manner regulation that serves significant governmental interests while leaving open alternative channels for expression. D. Unconstitutional because permits may never be required for events held in public parks. Rationale: Objective, viewpoint-neutral permitting schemes serving significant governmental interests are generally permissible under the First Amendment. 99. A buyer accepted specialized manufacturing equipment after the seller repeatedly assured the buyer that a serious defect would be repaired promptly. The seller later refused to make repairs, and the defect substantially impaired the equipment's value.
The buyer may most likely: A. Reject the equipment under the perfect tender rule. B. Recover only nominal damages. C. Revoke acceptance because the acceptance was reasonably induced by the seller's assurances and the defect substantially impairs the equipment's value. D. Recover punitive damages for breach of contract. Rationale: The UCC permits revocation of acceptance when statutory requirements are met, including substantial impairment and reasonable reliance on the seller's assurances.
100. During an argument, Jordan intentionally swung a heavy flashlight at Alex intending to strike Alex. Alex avoided the blow, but the flashlight instead struck Riley, causing serious injuries. Riley's strongest claim is: A. Negligence. B. Assault. C. Intentional infliction of emotional distress. D. Battery under the doctrine of transferred intent. Rationale: Transferred intent applies when a defendant intends to commit an intentional tort against one person but instead causes harmful or offensive contact to another.
