NEW YORK BAR EXAMINATION (UBE)
PRACTICE EXAM: 100 ORIGINAL MULTIPLE-
CHOICE QUESTIONS WITH DETAILED
EXPLANATIONS AND CORRECT ANSWERS.
1. Contracts
A manufacturer agreed in writing to sell 500 custom-made steel beams to a
contractor for $200,000. Before production began, the contractor informed the
manufacturer that it no longer wanted the beams because the construction
project had been canceled. The manufacturer immediately stopped preparations
and later sold its production capacity to another buyer, avoiding $30,000 in
manufacturing costs. The manufacturer sued for breach.
What damages is the manufacturer most likely entitled to recover?
A. $200,000
B. $170,000
C. $30,000
D. Nominal damages only
Rationale: Expectation damages place the nonbreaching party in the position it
would have occupied had the contract been performed. Because the manufacturer
avoided $30,000 in production costs, damages are reduced accordingly. Thus,
recovery is the contract price less avoided costs, or $170,000.
2. Torts
A homeowner left a deep excavation uncovered on her property near a
neighborhood sidewalk. A 7-year-old child wandered onto the property while
chasing a ball and fell into the hole, suffering serious injuries.
,If the child's parents sue, the homeowner will most likely be liable because:
A. Landowners owe no duty to trespassers.
B. The child assumed the risk.
C. The excavation constituted an attractive nuisance creating an unreasonable
risk to children.
D. Children are treated as adult trespassers.
Rationale: Under the attractive nuisance doctrine, landowners owe a duty to
protect child trespassers from artificial conditions likely to attract children and
posing unreasonable risks that children cannot appreciate.
3. Constitutional Law
A state enacted a statute prohibiting all political signs within 500 feet of any
polling place during election day. The law applies regardless of viewpoint or
political party.
A voter challenges the statute under the First Amendment.
The court will most likely analyze the statute as:
A. Viewpoint discrimination.
B. A content-based restriction subject to strict scrutiny.
C. A content-neutral time, place, and manner restriction.
D. Commercial speech regulation.
Rationale: Because enforcement depends on whether a sign contains political
content, the law is content based and subject to strict scrutiny.
4. Evidence
, During a negligence trial, the plaintiff seeks to introduce testimony that
immediately after the accident the defendant exclaimed, "I wasn't paying
attention!"
The testimony is:
A. Inadmissible hearsay.
B. Admissible only if the defendant testifies.
C. Admissible as an excited utterance and as an opposing party's statement.
D. Excluded because it concerns negligence.
Rationale: The defendant's statement qualifies both as an admission of a party
opponent and, if made under the stress of the event, as an excited utterance.
5. Criminal Law
A defendant intentionally pointed an unloaded gun at another person, believing
the gun was loaded. The victim reasonably feared immediate bodily harm.
The defendant is guilty of:
A. Attempted battery only.
B. Battery.
C. Assault.
D. No crime because the gun was unloaded.
Rationale: Assault includes intentionally placing another in reasonable
apprehension of imminent harmful or offensive contact. The gun's unloaded status
does not negate the victim's reasonable fear.
6. Civil Procedure
PRACTICE EXAM: 100 ORIGINAL MULTIPLE-
CHOICE QUESTIONS WITH DETAILED
EXPLANATIONS AND CORRECT ANSWERS.
1. Contracts
A manufacturer agreed in writing to sell 500 custom-made steel beams to a
contractor for $200,000. Before production began, the contractor informed the
manufacturer that it no longer wanted the beams because the construction
project had been canceled. The manufacturer immediately stopped preparations
and later sold its production capacity to another buyer, avoiding $30,000 in
manufacturing costs. The manufacturer sued for breach.
What damages is the manufacturer most likely entitled to recover?
A. $200,000
B. $170,000
C. $30,000
D. Nominal damages only
Rationale: Expectation damages place the nonbreaching party in the position it
would have occupied had the contract been performed. Because the manufacturer
avoided $30,000 in production costs, damages are reduced accordingly. Thus,
recovery is the contract price less avoided costs, or $170,000.
2. Torts
A homeowner left a deep excavation uncovered on her property near a
neighborhood sidewalk. A 7-year-old child wandered onto the property while
chasing a ball and fell into the hole, suffering serious injuries.
,If the child's parents sue, the homeowner will most likely be liable because:
A. Landowners owe no duty to trespassers.
B. The child assumed the risk.
C. The excavation constituted an attractive nuisance creating an unreasonable
risk to children.
D. Children are treated as adult trespassers.
Rationale: Under the attractive nuisance doctrine, landowners owe a duty to
protect child trespassers from artificial conditions likely to attract children and
posing unreasonable risks that children cannot appreciate.
3. Constitutional Law
A state enacted a statute prohibiting all political signs within 500 feet of any
polling place during election day. The law applies regardless of viewpoint or
political party.
A voter challenges the statute under the First Amendment.
The court will most likely analyze the statute as:
A. Viewpoint discrimination.
B. A content-based restriction subject to strict scrutiny.
C. A content-neutral time, place, and manner restriction.
D. Commercial speech regulation.
Rationale: Because enforcement depends on whether a sign contains political
content, the law is content based and subject to strict scrutiny.
4. Evidence
, During a negligence trial, the plaintiff seeks to introduce testimony that
immediately after the accident the defendant exclaimed, "I wasn't paying
attention!"
The testimony is:
A. Inadmissible hearsay.
B. Admissible only if the defendant testifies.
C. Admissible as an excited utterance and as an opposing party's statement.
D. Excluded because it concerns negligence.
Rationale: The defendant's statement qualifies both as an admission of a party
opponent and, if made under the stress of the event, as an excited utterance.
5. Criminal Law
A defendant intentionally pointed an unloaded gun at another person, believing
the gun was loaded. The victim reasonably feared immediate bodily harm.
The defendant is guilty of:
A. Attempted battery only.
B. Battery.
C. Assault.
D. No crime because the gun was unloaded.
Rationale: Assault includes intentionally placing another in reasonable
apprehension of imminent harmful or offensive contact. The gun's unloaded status
does not negate the victim's reasonable fear.
6. Civil Procedure
