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A husband and wife were married in State A and lived there for 10 years before separating. One month later, the wife permanently moved to State B and immediately filed for divorce in a federal court in State B. The wife claims that she is entitled to $300,000 in alimony. The husband appeared in the action and has filed a motion to dismiss for lack of subject-matter jurisdiction.
Should the court grant the motion?
| A. No, because the court has diversity jurisdiction over the case. | ||
| B. No, because the husband waived a subject-matter jurisdiction challenge by appearing in the case. | ||
| C. Yes, because state courts have exclusive jurisdiction over this type of action. | ||
| D. Yes, because the wife did not establish a domicile in State B. |
Explanation:
| Federal diversity jurisdiction exceptions |
|
Federal courts cannot exercise diversity jurisdiction over cases involving:
|
A federal court must possess subject-matter jurisdiction to hear the merits of a case before it. Subject-matter jurisdiction can be established through either:
- federal-question jurisdiction – when a claim arises under the U.S. Constitution, a treaty, or federal law (not seen here) or
- diversity jurisdiction – when the amount in controversy exceeds $75,000 and the opposing parties are citizens of different states.
Here, diversity jurisdiction is established since the wife claims that she is entitled to $300,000 and the parties are citizens of different states (States A and B). However, federal courts cannot exercise diversity jurisdiction over cases involving probate matters or domestic relations. Instead, state courts have exclusive jurisdiction over these types of actions (Choice A).* Therefore, the husband's motion to dismiss should be granted.
(Choice B) A challenge to subject-matter jurisdiction is never waived. However, a challenge to personal jurisdiction is waived if the defendant has voluntarily appeared in the case, unless it was a special appearance for the express purpose of objecting to personal jurisdiction.
(Choice D) An individual is a citizen of the state where he/she is domiciled—ie, physically present with the intent to remain indefinitely. Since the wife permanently moved to State B, she has established her domicile there.
Educational objective:
Federal courts cannot exercise diversity jurisdiction
over cases involving probate matters or domestic relations. Instead, state courts have exclusive
jurisdiction over these types of cases.
A congressional committee investigated the pharmaceutical industry and found that the high cost of prescription drugs purchased and sold in the United States negatively impacted the nation's economy and the health of its citizens. In response, Congress passed a statute that regulates "the retail prices of every purchase or sale of prescription drugs in the United States."
A group of pharmaceutical companies challenged the constitutionality of this statute in federal court.
What is the strongest argument in support of the constitutionality of this statute?
| A. Congress may enact statutes for the general welfare. | ||
| B. Congress may regulate the prices of all domestic purchases and sales of goods. | ||
| C. The Constitution grants Congress the power to regulate the interstate transportation of prescription drugs. | ||
| D. The purchases and sales of prescription drugs in the United States substantially impact interstate commerce in the aggregate. |
Explanation:
The commerce clause gives Congress broad power to regulate interstate and foreign commerce. This includes:
- the channels of interstate and foreign commerce (eg, roadways)
- the instrumentalities of interstate and foreign commerce (eg, vehicles)
- persons and things moving in interstate or foreign commerce (eg, goods and services) and
- in-state activities that, singly or in the aggregate, substantially impact interstate or foreign commerce.
Since Congress's commerce power is broad, federal statutes are constitutional if there is any rational basis for concluding that the regulated activity substantially affects interstate or foreign commerce. This can be shown through express congressional findings.
Here, the federal statute regulates the retail prices of prescription drugs in the United States. Congress has the authority to regulate such products' interstate transportation, but this statute also regulates in-state purchases and sales (Choice C). Since the congressional committee found that the high cost of prescription drugs negatively impacted the nation's economy, it is rational to conclude that their aggregated in-state purchases and sales substantially impact interstate commerce. Therefore, this is the strongest argument to support this statute.
(Choice A) The taxing and spending clause empowers Congress to tax and spend for the general welfare. But regulating prices is not equivalent to taxing or spending.
(Choice B) Congress cannot regulate the prices of every domestic purchase and sale of goods since it cannot regulate purely in-state sales that do not substantially affect interstate commerce.
Educational objective:
The commerce clause empowers Congress to regulate (1)
channels and instrumentalities of, (2) persons and things moving in, and (3) in-state activities
that—singly or in the aggregate—substantially affect interstate or foreign commerce.
The owner of a new office building contracted with a well-known landscaper to design and install landscaping around the building for $30,000. The agreement was memorialized in writing, was signed by both parties, and called for a budget of $5,000 for trees, shrubs, sod, and materials. The contract required the landscaper to complete the work within six months. Due to an unexpected increase in the price of trees and shrubs, the landscaper abandoned the project and never completed any of the work.
Three years after the landscaper's deadline, the building owner sued the landscaper for breach of contract. In the jurisdiction, the statute of limitations for breach of a services contract is two years after the breach, and the statute of limitations for breach of a sale-of-goods contract is four years.
Can the owner recover damages from the landscaper?
| A. No, because the contract is divisible with respect to the services and goods, and the landscaper's breach is therefore subject to the two-year statute of limitations. | ||
| B. No, because the contract primarily calls for services, and the landscaper's breach is therefore subject to the two-year statute of limitations. | ||
| C. Yes, because the landscaper's breach was a result of an increase in the price of goods, and his breach is therefore subject to the four-year statute of limitations. | ||
| D. Yes, because the landscaper's breach was willful, and he is therefore estopped from denying that his breach is subject to the four-year statute of limitations. |
Explanation:
Contracts for the sale of goods are governed by Article 2 of the Uniform Commercial Code (UCC), while contracts for services are governed by common law. However, some contracts involve the sale of goods and the rendering of services. To determine which law applies to a "mixed" or "hybrid" contract, courts ask whether its predominant purpose was the sale of goods or the rendering of services. The following factors are relevant to this determination:
- The contract's language
- The nature of the supplier's business (ie, whether it typically provides goods or services)
- The relative value of the goods and services
- The nature of the final product (ie, whether it can be described as a good or service)
Here, the building owner contracted to buy goods (eg, trees, shrubs, sod) and services (ie, designing and installing the landscaping). The owner likely hired the well-known landscaper due to his skill in performing landscaping services, and the $5,000 budget for goods was just one-sixth of the $30,000 contract price. Therefore, the contract primarily calls for services and is subject to the jurisdiction's two-year statute of limitations. And since the owner sued three years after the breach, the owner cannot recover damages from the landscaper.
(Choice A) The predominant-purpose test is unnecessary when a contract is divisible—ie, when the payment for goods can easily be separated from the payment for services. But here, the contract is likely indivisible since it combined the sale of the trees, shrubs, and sod with their installation.
(Choices C & D) The predominant-purpose test focuses on the parties' reason for entering the contract—not for breaching it. Therefore, it is irrelevant that the landscaper's breach was (1) a result of an increase in the price of goods or (2) willful.
Educational objective:
Sale-of-goods contracts are governed by the UCC, while
services contracts are governed by common law. When a contract calls for the sale of goods AND the
rendering of services, the contract's primary purpose determines whether the UCC or common law
applies.
A man and a woman dated for several weeks. During that time, the man repeatedly asked the woman to have sex. Each time, the woman responded that she would not have sex with the man unless they were married. One evening, the man promised the woman that they would elope the following weekend if she would agree to have sex. The woman agreed and the couple had sex. The following weekend, the man told the woman that he had no intention of eloping and only made that promise to get the woman's consent. The woman reported the man to the police, who later arrested and charged the man with rape.
Is the man guilty of rape?
| A. No, because fraud in factum did not negate the woman's consent. | ||
| B. No, because fraud in the inducement did not negate the woman's consent. | ||
| C. Yes, because the woman's consent was obtained by fraud in factum. | ||
| D. Yes, because the woman's consent was obtained by fraud in the inducement. |
Explanation:
| Consent to sexual intercourse obtained by fraud | ||
| Type of fraud | Definition | Effect |
| In factum |
|
Negates victim's consent |
| In inducement |
|
Does not negate victim's consent |
In most modern jurisdictions, rape is defined as sexual intercourse with another without that person's consent.* This means that rape did not occur if the victim consented to sexual intercourse. However, a victim's consent may be ineffective if it was obtained by fraud. There are two types of fraud:
- Fraud in factum – when consent is obtained by fraud regarding the nature of the act itself, leaving the victim unaware that he/she consented to sexual intercourse and negating the victim's consent
- Fraud in the inducement – when consent is obtained by fraud regarding what the victim knows is an act of sexual intercourse, which does not negate the victim's consent
As a result, consent obtained by fraud in factum is not a valid defense to rape, but consent obtained by fraud in the inducement is a valid defense.
Here, the man falsely promised the woman that they would elope if she agreed to have sex with him. Since the woman knew that the act to which she consented was sexual intercourse, her consent was obtained by fraud in the inducement (Choices A & C). This type of fraud did not negate the woman's consent, so the man is not guilty of rape (Choice D).
Educational objective:
Fraud in factum occurs when the fraud pertains to the nature of the act itself and negates a rape
victim's consent. In contrast, fraud in the inducement occurs when fraud is used to gain consent to
what the victim knows is an act of sexual intercourse and does not negate the victim's consent.
A plaintiff sued a defendant for negligence to recover damages that the plaintiff suffered as a result of a crash between the two parties. At trial, the plaintiff's attorney called the plaintiff's wife to testify as to what she witnessed on the day of the crash. On cross-examination of the wife, the defendant's lawyer elicited several responses that tended to show that the plaintiff's actions constituted contributory negligence. The plaintiff's attorney seeks to ask the wife several questions on redirect examination, but the defendant's attorney objected.
What is the strongest argument that the court must allow redirect examination of the wife?
| A. The plaintiff's attorney failed to provide all significant information on direct examination. | ||
| B. The plaintiff's attorney seeks to reiterate the necessary elements of the claim. | ||
| C. The plaintiff's attorney seeks to reply to all matters raised on cross-examination. | ||
| D. The plaintiff's attorney seeks to reply to significant new matters raised on cross-examination. |
Explanation:
Federal Rule of Evidence 611 gives trial courts the authority to exercise reasonable control over the mode and order of examining witnesses at trial. This includes the discretion to determine whether—and to what extent—redirect examination of witnesses should be permitted. But when a party raises a significant new matter while cross-examining a witness, the court must allow the opposing party to address that matter through redirect examination.
Therefore, the strongest argument for allowing redirect examination of the plaintiff's wife is that the plaintiff's attorney seeks to reply to significant new matters that were raised on cross-examination.
(Choice A) A party is expected to elicit all significant information during direct examination of a witness. Therefore, a court need not permit redirect examination to allow the party to provide information inadvertently omitted on direct examination.
(Choices B & C) Redirect examination is generally limited to significant new matters raised on cross-examination. Therefore, a party is not entitled to redirect examination to (1) reiterate information like the necessary elements of the claim or (2) reply to all matters addressed in cross-examination.
Educational objective:
When a party raises a significant new matter on
cross-examination of a witness, the court must allow redirect examination by the opposing party to
address that matter.
Explore free NextGen Bar Exam sample questions, including MCQs and Integrated Question Sets (IQs), with detailed explanations that demonstrate how legal concepts are tested and applied in realistic client-focused scenarios.
You represent a woman who broke into her ex-husband's house late one night when she knew he was away on business, intending to take a sculpture that he had been awarded in their divorce settlement. She searched the entire house but was unable to find the sculpture. She figured he had probably sold the sculpture, which made her furious because he knew how much she loved it. In a rage, she slashed a painting of his new girlfriend before leaving the house.
Larceny is defined as the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive that person of the property. Burglary is defined as the breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony in the dwelling. Attempt requires proof of a substantial step toward the commission of a crime and the specific intent to commit the crime. Larceny and burglary are felonies in the jurisdiction.
Of which of the following crimes is the woman guilty?
Select one response option.
| A. Attempted larceny only. | ||
| B. Larceny only. | ||
| C. Burglary only. | ||
| D. Burglary and attempted larceny. |
Explanation:
In this jurisdiction (and at common law), burglary requires proof of the following:
- an unlawful breaking and entering of another's dwelling at night and
- the specific intent to commit a felony (e.g., larceny) therein.
Once the defendant enters the dwelling with the requisite intent, the burglary is complete. This means that there is no need to prove that the defendant completed the underlying felony to obtain a burglary conviction.
A burglary defendant who did not complete the underlying felony is also guilty of the attempted commission of that felony. That is because the defendant (1) specifically intended to commit the felony and (2) performed a substantial step in furtherance of the felony—the unlawful breaking and entering.
Here, the woman is guilty of burglary because she broke into her ex-husband's home at night with the specific intent to commit larceny (Choices A and B). Larceny is the unlawful taking and carrying away of another's personal property (sculpture) with the specific intent to permanently deprive that person of the property. Although the woman did not complete the larceny, because she did not actually steal the sculpture, she is still guilty of attempted larceny (Choice C). Therefore, the woman is guilty of both burglary and attempted larceny.
Educational objective:
Common-law burglary is complete when the defendant
unlawfully breaks and enters a dwelling at night with the intent to commit a felony therein.
Commission of the underlying felony is unnecessary. However, a burglary defendant who fails to
complete the underlying felony is also guilty of the attempted commission of that felony.
You represent a defendant on trial for wire fraud. The prosecution alleged that the defendant, a small business owner, ran an online investment scheme promising high returns but instead he pocketed the funds. The defendant takes the stand in his own defense and testifies: "I have always been an honest businessman. I would never lie to my customers or cheat anyone."
On cross-examination, the prosecutor seeks to impeach the defendant's credibility with (1) his felony conviction for burglary almost 10 years ago and (2) his misdemeanor conviction 12 years ago for defrauding investors through a false loan scheme.
You object to the admission of both convictions.
How is the court likely to rule?
Select one response option.
| A. The court should admit both convictions, because criminal convictions are generally admissible to impeach a testifying defendant. | ||
| B. The court should admit the more recent burglary conviction but exclude the fraud conviction that is more than 10 years old. | ||
| C. The court should exclude both convictions, because prior convictions are generally inadmissible. | ||
| D. The court should exclude the burglary conviction but may admit the fraud conviction if its probative value substantially outweighs its prejudicial effect. |
Explanation:
Federal Rule of Evidence 609 provides that a witness's character for truthfulness can be impeached with a prior criminal conviction. However, the standards for admission vary depending on:
- the age of the conviction
- the type of conviction and
- the witness against whom the conviction is offered.
A conviction for fraud—a crime of dishonesty—is highly probative of truthfulness. When a fraud conviction is more than 10 years old, the conviction is admissible only if its probative value substantially outweighs its prejudicial effect. Even so, a fraud conviction is likely admissible because of its high probative value.
However, because burglary does not involve dishonesty or a false statement, a burglary conviction has minimal probative value as to a witness's credibility. And when the witness is a criminal defendant, a burglary conviction is likely inadmissible to impeach the witness because its probative value is unlikely to substantially exceed its prejudicial effect. Therefore, the court here should exclude the burglary conviction but may admit the fraud conviction if its probative value substantially outweighs its prejudicial effect (Choices A, B, and C).
Educational objective:
Evidence of a conviction for a crime of dishonesty that
occurred more than 10 years prior is admissible to impeach a defendant witness's credibility if the
probative value of the evidence substantially outweighs its prejudicial effect.
Your client is an attorney with a family law practice. The client's niece is a recent law school graduate, and her nephew is an attorney. The client recently decided to retire, and, upon her request, you drafted a document conveying the historic building that houses her law practice "to [Niece], but if she fails to pass the bar exam within one year of her law school graduation, then to [Nephew]."
Which of the following accurately describes the property interests created?
Select two response options.
| A. The nephew and the client each have a possibility of reverter. | ||
| B. The nephew has an executory interest, and the client has a right of entry. | ||
| C. The nephew has an executory interest, and the client has no interest. | ||
| D. The niece has a fee simple determinable. | ||
| E. The niece has a fee simple subject to a condition subsequent. | ||
| F. The niece has a fee simple subject to an executory interest. |
Explanation:
A defeasible fee is a fee simple estate that may be terminated when a stated event or condition occurs. One type of defeasible fee is a fee simple subject to a condition subsequent (FSSCS), which is created with conditional language (e.g., "but if"). If the stated condition occurs, title will automatically pass to the future interest holder. If the future interest is held by a third party (as opposed to the grantor), then the estate is called a fee simple subject to an executory interest.
Here, the client conveyed the building to her niece, with conditional language ("but if") that the niece must pass the bar exam within a year of her law school graduation. If she fails to pass the exam, then title will pass to the nephew (third party)—not to the client (grantor). As a result, the niece has a fee simple subject to an executory interest and the nephew holds the executory interest. And because the client reserved no right in the property for herself (e.g., a right of entry), she has no interest.
(Choices A and D) A fee simple determinable is a defeasible fee that is created by specific durational language (e.g., "so long as," "during," "until"—none seen here). When the estate terminates, it automatically reverts back to the grantor.
(Choices B and E) A right of entry is a future interest that is held by the grantor (client) if the grantor specifically retained this right (not seen here). It follows an FSSCS and gives the grantor the right to terminate the FSSCS when the stated condition occurs.
Educational objective:
A fee simple subject to an executory interest is a present
estate limited by durational or conditional language. If the stated event or condition occurs, title
automatically passes to a third party who holds a future, executory interest.
A woman purchased a new car from a car dealer. The car's engine contained a defectively manufactured computer chip, causing the woman to lose control of the car and suffer injuries. The chip was manufactured by a component company and then purchased by an engine builder. The engine builder then incorporated the chip into the engine and sold the engine to a car manufacturer. The car manufacturer then incorporated the engine into the car and sold the car to the car dealer.
The woman has scheduled a meeting with you to discuss options for bringing a strict products liability claim against the component company, the engine builder, the car manufacturer, and the car dealer.
Which of the prospective defendants may be held strictly liable to the woman?
Select one response option.
| A. Only the car dealer, because the woman was not in privity with the other prospective defendants. | ||
| B. Only the component company, because the company is responsible for manufacturing the defective chip. | ||
| C. Any of the prospective defendants that negligently failed to inspect the defective chip. | ||
| D. Any of the prospective defendants, regardless of whether that prospective defendant was negligent. |
Explanation:
Any commercial seller in the distribution chain—e.g., manufacturer, distributor, retailer—is subject to strict products liability if (1) the product was defective when it left the commercial seller's control and (2) that defect caused the plaintiff harm. Strict liability is imposed even if the commercial seller did not create or know about that defect.
Here, a manufacturing defect in the computer chip caused the woman to lose control of her car and suffer injuries. The defect existed at the time the component company manufactured the chip, and the defect continued to exist when it left the engine builder's, the car manufacturer's, and the car dealer's control (Choice B). Therefore, any of these prospective defendants may be held strictly liable to the woman for her injuries—regardless of whether they were negligent.
(Choice A) Although the woman was in privity (i.e., had a contractual relationship) with the car dealer only, privity is not required in a strict liability action. Every commercial supplier in the distribution chain—even those not in privity with the plaintiff—is subject to strict liability if the defect existed when the product left the supplier's control.
(Choice C) Since strict liability is imposed without proof of fault, any party in the distribution chain is strictly liable regardless of whether it could have discovered the defect by a reasonable inspection of the computer chip.
Educational objective:
Strict products liability is imposed on any commercial
seller in the chain of distribution if (1) the product contained a defect when it left the
commercial seller's control and (2) that defect caused the plaintiff harm.
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Practice Questions
Detailed explanations and visual learning tools.
Practice questions and explanations.
Practice Tests
Flexible customization and performance insights.
Practice tests and self-assessments.
Answer Explanations
In-depth rationales that reinforce understanding.
Question explanations and answer rationales.
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Charts, diagrams, and illustrations that simplify learning.
Primarily text-based learning resources.
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Performance reporting and score tracking.
Mobile Access
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Mobile learning options.
Progress Tracking
Real-time visibility into your preparation.
Progress monitoring tools.
Study Support
Resources available throughout your prep journey.
Student support and learning resources.
Bar Exam Practice Questions: FAQs
How are UWorld bar exam questions and practice tests different from other providers?
UWorld combines realistic bar exam practice questions, customizable practice tests, detailed answer explanations, visual learning tools, and performance analytics in one study experience. Instead of only showing whether an answer is right or wrong, UWorld helps explain how legal rules apply to the facts and why each answer choice works or fails. Students can use sample questions to preview the learning experience, then build practice tests around specific subjects, topics, or weak areas. The platform also supports both MBE preparation and NextGen-style question formats, helping students build legal reasoning and practical application skills. This makes UWorld useful not only for practice, but also for learning, review, and ongoing performance improvement.
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Yes. You can explore bar exam sample questions before purchasing a subscription to experience the quality of UWorld’s content, explanations, and study tools. These sample questions give you a preview of how bar exam questions are presented and how detailed answer rationales support learning. Each sample question is designed to help reinforce key legal concepts, improve rule application, and strengthen legal reasoning skills. The sample experience also lets you see how UWorld integrates visual learning tools, answer-choice explanations, and performance-focused study features into the preparation process. It is a helpful way to evaluate the platform before moving into the full bar exam question bank or customizable practice tests.
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UWorld provides practice questions designed to support both traditional MBE preparation and NextGen Bar Exam readiness. Students can practice MBE-style multiple-choice questions, NextGen-style multiple-choice questions, and integrated question sets that require legal analysis and application. These question formats help reinforce foundational legal knowledge while developing skills such as issue spotting, rule application, and practical problem-solving. Detailed explanations accompany questions to help students understand why each answer is correct or incorrect. Together, these question types support a more complete bar exam practice experience across current and evolving exam formats.
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Yes. UWorld allows you to build customized bar exam practice tests that align with your study goals, subject priorities, and weak areas. You can create practice sessions based on specific subjects, topics, question history, and study preferences. This flexibility helps you focus on the areas where additional review is needed instead of practicing randomly. Practice tests can also be used to build stamina, simulate timed conditions, and reinforce concepts you have already studied. When combined with detailed explanations and performance analytics, custom practice tests help turn every session into a more targeted learning opportunity.
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Yes. UWorld Bar Prep is available on mobile devices, making it easier to study wherever your schedule allows. The mobile experience gives students access to practice questions, explanations, flashcards, notes, and performance tracking tools on the go. Progress syncs across devices so students can move between desktop and mobile without losing their place. This flexibility helps make short study sessions more productive, whether you are commuting, traveling, or reviewing between other commitments. Mobile access supports a more consistent study routine throughout bar exam preparation.
How do performance analytics support bar exam preparation?
UWorld performance analytics help students understand how they are progressing across subjects, topics, and question types. The platform highlights strengths and weaknesses so students can identify where additional review may be needed. These insights make it easier to prioritize study time and focus on the areas most likely to improve performance. Analytics also help students measure progress over time and adjust their study strategy as exam day approaches. By turning practice results into actionable study decisions, performance analytics make bar exam preparation more efficient and personalized.
Bar Practice Questions by Subject
Explore subjects covered in the Bar Examination, with focused question sets for each topic.