UBE BAR Exam Questions with
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1. What state is citizen abroad a citizen of for diversity purposes -
ANS ✓No state, they are a citizen of whatever state the action is
brought in
Diversity does not exist unless they intend to become a foreign citizen
(because it is then like they are a citizen of that country)
2. May a defendant be impeached with Juvenile conviction to show
untruthfulness - ANS ✓NO
3. Conveyed with durational language "So long as" "while"
"During" "until" - ANS ✓Fee Simple Determinable
Grantor retains possibility of reverter
4. Conveyed with limited specific Conditional Language "upon
condition that" "provided that" "but if" "if it happens that" - ANS
✓Fee Simple Subject to a condition subsequent
Grantor must specifically retain right to reenter
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5. Can a counterclaim raising a federal question give federal
question jurisdiction? - ANS ✓No, it is the well-pleaded complaint
rule. Have to stick to State court.
6. Special Warranty Deed - ANS ✓Free of encumbrances made during
owner's ownership
7. Temporary Restraining Order without notice to the other party -
ANS ✓1. Establish, under oath, irreparable injury will result with
hearing
&
2. Attorney certifies attempt to notify or why notice should not be required
8. When seller recoups full price of good in mitigation, is buyer is
entitled refund of down payments under UCC - ANS ✓Yes, minus
1- contractually liquidated damages
or
2- 20% penalty or $500 whichever is smaller
EXCEPTION high-volume seller; the amount of lost profits and the statutory
damages must be taken into account when calculating the amount the
retailer is entitled to recover in restitution
9. Intentional Misrepresentation - ANS ✓1. Misrepresentation by a
defendant
2. scienter
3. Intent to induce Plaintiff's reliance
4. Damages
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10. Is testimony given with a grant of immunity coerced - ANS
✓Yes, it is considered coerced for the purposes
11. Do you have a constitutional right to a bench trial in a
criminal proceeding? - ANS ✓No, but can get one over objection of
prosecution if you show jury wouldn't give you a fair trial
12. Accepting goods under the UCC - ANS ✓1- expressly state
acceptance
2- Using the goods
3- Failing to reject the goods
13. Can you revoke acceptance of goods under the UCC? - ANS
✓Yes, when they are delivered as part of a non-conforming shipment
& you reasonably believed it would be cured and was not cured (will
have to pay for part that was used if any)
14. Dram Shop Law - ANS ✓1- sold alcohol to a customer who
they know, or should have known was intoxicated
2- the customer harmed a third party
3- The bar's actions in helping the customer become intoxicated were a
substantial factor that caused 3rd party's damage
15. Can a dead person be defamed - ANS ✓No
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16. Can you recover only economic loss through negligence? -
ANS ✓No, must have accompanying physical injury
17. Does future interest holder have a right to inspect - ANS
✓Yes, to look for waste
18. What does the present interest holder have a duty to do -
ANS ✓1- Pay interest on mortgage (not mortgage itself)
2- Not commit waste
3- No duty to insure property
19. Equitable right of redemption - ANS ✓Can't give someone a
loan & take possession of deed as collateral
Agreement is unenforceable
20. Subrogation - ANS ✓If you pay off the loan, you now have the
lienholder's/mortgagor's rights
21. How does the insured's domicile affect personal
jurisdiction of insurance company? - ANS ✓Insured's domicile is
imputed to the insurance company for the purposes of diversity
22. Are injunctions appealable as a right? - ANS ✓Yes
23. Must each party in civil court provide insurance during
discovery? - ANS ✓Yes, even if it is not asked for
UBE BAR
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