UBE BAR: Smart Sheets Study Guide
Exam With Guaranteed Pass
Solutions.
SmartBarPrep Smart Sheets - Answer Study Guide designed to assist in studying for the
Uniform Bar Exam (UBE), Multistate Bar Exam (MBE), and/or Multistate Essay Exam (MEE).
Uniform Bar Exam (UBE) - Answer A comprehensive bar examination that includes the
Multistate Bar Exam (MBE) and Multistate Essay Exam (MEE).
Multistate Bar Exam (MBE) - Answer A standardized test that is part of the Uniform Bar
Exam, assessing knowledge of general principles of law.
Multistate Essay Exam (MEE) - Answer A component of the Uniform Bar Exam that tests the
examinee's ability to write essays on legal topics.
Priority Rating - Answer A designation (High, Medium, Low) indicating the importance and
testing frequency of legal rules.
High Priority - Answer Rules that are the most important and frequently tested.
Medium Priority - Answer Rules that are tested slightly less frequently but are still
important.
Low Priority - Answer Rules that have been tested the least.
Testing Frequency Data - Answer Data used to prioritize rules based on how often they have
been tested in past MEE essays.
National Conference of Bar Examiners (NCBE) - Answer The organization that drafts the MBE
and MEE sections and releases the official MBE Subject Matter Outline.
Official MBE Subject Matter Outline - Answer A document released by the NCBE that details
the topics covered in the MBE.
Legal Advice - Answer Guidance provided by a qualified attorney regarding legal matters,
which this Study Guide does not constitute.
,Disclaimer - Answer A statement that clarifies the limitations of the Study Guide and the
absence of guarantees regarding exam content.
Warranties - Answer Assurances that are expressly disclaimed regarding the accuracy and
completeness of the Study Guide.
Liability - Answer The responsibility for any losses or damages resulting from the use of the
Study Guide.
Acceptance of Terms - Answer Reading beyond a certain point in the document constitutes
acceptance of the terms outlined in the disclaimer.
Trademarks - Answer UBE®, MBE®, MEE®, MPT®, MPRE®, and NCBE® are trademarks of the
National Conference of Bar Examiners.
Study Guide Usage Risk - Answer The use of content in the Study Guide or linked materials is
at the user's own risk.
No Guarantee of Passing - Answer The Study Guide does not guarantee that users will pass
the UBE, MBE, MEE, or any other state's bar exam.
Color-Coded Circle - Answer Visual indicator next to each rule that represents its priority
rating.
Limited Data for Low Priority Ratings - Answer No LOW priority ratings for six subjects due to
limited testing data since July 2007.
Agency - Answer A fiduciary relationship, where a person or entity (the agent) acts on behalf
of another (the principal).
Actual Authority - Answer A principal is bound to a contract entered into by its agent if the
agent had actual authority.
Express Authority - Answer Authority granted by the principal's explicit directions to the
agent (either orally or in writing).
Implied Authority - Answer Authority that arises when actions are necessary to carry out the
agent's express authorized duties.
,Assent - Answer A formal or informal agreement between the principal and agent.
Benefit - Answer The conduct primarily benefits the principal.
Control - Answer The principal has the right to control the agent (control doesn't need to be
significant).
Types of Agency Relationships - Answer Different classifications of agency based on the
extent of authority granted.
Apparent Authority - Answer A principal is bound to a contract entered into by its agent if
the agent had apparent authority.
Universal Agent - Answer An agent who has broad authority, authorized for all acts the
principal can perform.
General Agent - Answer An agent who has authority to conduct a series of transactions over
a period of time.
Special Agent - Answer An agent who has limited authority either for a specific
act/transaction or a specified period of time.
Civil Procedure - Answer A subject area where approximately 40% of questions deal with the
'Subject Matter Jurisdiction: Diversity of Citizenship' rule.
Diversity of Citizenship - Answer A rule frequently tested in Civil Procedure questions.
Depositions - Answer A rule that appeared only once in the last 28+ years.
LOW Rating - Answer Indicates a rule has shown up either zero or only a few times in the
past.
MED Rating - Answer Indicates a rule has moderate importance based on past appearances.
HIGH Rating - Answer Indicates a rule is important and frequently tested.
Efficiency in Studying - Answer The method of prioritizing studying to focus on the most
important and frequently tested rules.
, Bar Examination - Answer An exam that tests knowledge of various legal principles and rules.
Fiduciary Relationship - Answer A relationship where one party acts in the best interest of
another.
Principal - Answer The person or entity on whose behalf the agent acts.
Agent - Answer The person or entity who acts on behalf of the principal.
Termination of Agency Relationship - Answer An agency relationship terminates by: a) A
manifestation by either party that the relationship is terminated; b) Expiration of a specified
term of authority; c) Death of principal or agent (by operation of law); d) Incapacity of the
principal or agent (by operation of law).
Death of Principal - Answer Common Law → agency is terminated regardless of whether the
third-party has notice of principal's death. Some States → NOT terminated until the third-party
has notice of the death.
Agency Contracts - Answer Principal can terminate the agent at any time.
Unidentified/Partially Disclosed Principal - Answer Apparent Authority CAN exist.
Undisclosed Principal - Answer Apparent Authority CANNOT exist.
Inherent Agency Power - Answer Protects third-parties when dealing with agents even if
there is no actual or apparent authority.
First Group of Inherent Agency Power - Answer Subjects an employer to liability when: 1) an
agent acts in furtherance of employer's business; AND 2) his conduct harms a third-party.
Second Group of Inherent Agency Power - Answer If an agent violates the principal's orders
and there is no actual/apparent authority, inherent agency applies when: 1) An agency
relationship exists; AND 2) Agent engaged in acts that are generally of a kind that would fall
within his actual authority, but for the violation of principal's instructions.
Factors to Determine Employee vs. Independent Contractor - Answer Courts analyze the
following: 1) type of work; 2) pay (hourly vs. per project); 3) who supplied the equipment/tools;
4) degree of supervision; 5) degree of skill required; 6) if the work benefits the employer's
Exam With Guaranteed Pass
Solutions.
SmartBarPrep Smart Sheets - Answer Study Guide designed to assist in studying for the
Uniform Bar Exam (UBE), Multistate Bar Exam (MBE), and/or Multistate Essay Exam (MEE).
Uniform Bar Exam (UBE) - Answer A comprehensive bar examination that includes the
Multistate Bar Exam (MBE) and Multistate Essay Exam (MEE).
Multistate Bar Exam (MBE) - Answer A standardized test that is part of the Uniform Bar
Exam, assessing knowledge of general principles of law.
Multistate Essay Exam (MEE) - Answer A component of the Uniform Bar Exam that tests the
examinee's ability to write essays on legal topics.
Priority Rating - Answer A designation (High, Medium, Low) indicating the importance and
testing frequency of legal rules.
High Priority - Answer Rules that are the most important and frequently tested.
Medium Priority - Answer Rules that are tested slightly less frequently but are still
important.
Low Priority - Answer Rules that have been tested the least.
Testing Frequency Data - Answer Data used to prioritize rules based on how often they have
been tested in past MEE essays.
National Conference of Bar Examiners (NCBE) - Answer The organization that drafts the MBE
and MEE sections and releases the official MBE Subject Matter Outline.
Official MBE Subject Matter Outline - Answer A document released by the NCBE that details
the topics covered in the MBE.
Legal Advice - Answer Guidance provided by a qualified attorney regarding legal matters,
which this Study Guide does not constitute.
,Disclaimer - Answer A statement that clarifies the limitations of the Study Guide and the
absence of guarantees regarding exam content.
Warranties - Answer Assurances that are expressly disclaimed regarding the accuracy and
completeness of the Study Guide.
Liability - Answer The responsibility for any losses or damages resulting from the use of the
Study Guide.
Acceptance of Terms - Answer Reading beyond a certain point in the document constitutes
acceptance of the terms outlined in the disclaimer.
Trademarks - Answer UBE®, MBE®, MEE®, MPT®, MPRE®, and NCBE® are trademarks of the
National Conference of Bar Examiners.
Study Guide Usage Risk - Answer The use of content in the Study Guide or linked materials is
at the user's own risk.
No Guarantee of Passing - Answer The Study Guide does not guarantee that users will pass
the UBE, MBE, MEE, or any other state's bar exam.
Color-Coded Circle - Answer Visual indicator next to each rule that represents its priority
rating.
Limited Data for Low Priority Ratings - Answer No LOW priority ratings for six subjects due to
limited testing data since July 2007.
Agency - Answer A fiduciary relationship, where a person or entity (the agent) acts on behalf
of another (the principal).
Actual Authority - Answer A principal is bound to a contract entered into by its agent if the
agent had actual authority.
Express Authority - Answer Authority granted by the principal's explicit directions to the
agent (either orally or in writing).
Implied Authority - Answer Authority that arises when actions are necessary to carry out the
agent's express authorized duties.
,Assent - Answer A formal or informal agreement between the principal and agent.
Benefit - Answer The conduct primarily benefits the principal.
Control - Answer The principal has the right to control the agent (control doesn't need to be
significant).
Types of Agency Relationships - Answer Different classifications of agency based on the
extent of authority granted.
Apparent Authority - Answer A principal is bound to a contract entered into by its agent if
the agent had apparent authority.
Universal Agent - Answer An agent who has broad authority, authorized for all acts the
principal can perform.
General Agent - Answer An agent who has authority to conduct a series of transactions over
a period of time.
Special Agent - Answer An agent who has limited authority either for a specific
act/transaction or a specified period of time.
Civil Procedure - Answer A subject area where approximately 40% of questions deal with the
'Subject Matter Jurisdiction: Diversity of Citizenship' rule.
Diversity of Citizenship - Answer A rule frequently tested in Civil Procedure questions.
Depositions - Answer A rule that appeared only once in the last 28+ years.
LOW Rating - Answer Indicates a rule has shown up either zero or only a few times in the
past.
MED Rating - Answer Indicates a rule has moderate importance based on past appearances.
HIGH Rating - Answer Indicates a rule is important and frequently tested.
Efficiency in Studying - Answer The method of prioritizing studying to focus on the most
important and frequently tested rules.
, Bar Examination - Answer An exam that tests knowledge of various legal principles and rules.
Fiduciary Relationship - Answer A relationship where one party acts in the best interest of
another.
Principal - Answer The person or entity on whose behalf the agent acts.
Agent - Answer The person or entity who acts on behalf of the principal.
Termination of Agency Relationship - Answer An agency relationship terminates by: a) A
manifestation by either party that the relationship is terminated; b) Expiration of a specified
term of authority; c) Death of principal or agent (by operation of law); d) Incapacity of the
principal or agent (by operation of law).
Death of Principal - Answer Common Law → agency is terminated regardless of whether the
third-party has notice of principal's death. Some States → NOT terminated until the third-party
has notice of the death.
Agency Contracts - Answer Principal can terminate the agent at any time.
Unidentified/Partially Disclosed Principal - Answer Apparent Authority CAN exist.
Undisclosed Principal - Answer Apparent Authority CANNOT exist.
Inherent Agency Power - Answer Protects third-parties when dealing with agents even if
there is no actual or apparent authority.
First Group of Inherent Agency Power - Answer Subjects an employer to liability when: 1) an
agent acts in furtherance of employer's business; AND 2) his conduct harms a third-party.
Second Group of Inherent Agency Power - Answer If an agent violates the principal's orders
and there is no actual/apparent authority, inherent agency applies when: 1) An agency
relationship exists; AND 2) Agent engaged in acts that are generally of a kind that would fall
within his actual authority, but for the violation of principal's instructions.
Factors to Determine Employee vs. Independent Contractor - Answer Courts analyze the
following: 1) type of work; 2) pay (hourly vs. per project); 3) who supplied the equipment/tools;
4) degree of supervision; 5) degree of skill required; 6) if the work benefits the employer's
