Arkansas Bar Examination (UBE — MBE Component) — Questions and Answers

Question 1: An Arkansas lawyer representing a client in litigation learns the client plans to present false testimony. What must the lawyer do?

Ignore it as attorney-client privilege protects the communication
Simply allow the client to testify without guidance
Counsel the client against it and, if refused, take remedial measures up to disclosure to the tribunal (Correct answer)
Present the testimony as directed

Correct answer: Counsel the client against it and, if refused, take remedial measures up to disclosure to the tribunal

Rule 3.3 requires the lawyer to counsel the client against false testimony and, if necessary, take remedial measures including disclosure to the tribunal.

Question 2: The Arkansas Bar Exam follows the Uniform Bar Examination (UBE) format. Which of the following components is not part of the UBE?

Multistate Professional Responsibility Examination (MPRE) (Correct answer)
Multistate Performance Test (MPT)
Multistate Bar Examination (MBE)
Multistate Essay Examination (MEE)

Correct answer: Multistate Professional Responsibility Examination (MPRE)

The Arkansas Bar Exam follows the Uniform Bar Examination (UBE) format, which consists of the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and Multistate Performance Test (MPT). The Multistate Professional Responsibility Examination (MPRE) is a separate ethics exam required for admission but is not a component of the UBE itself.

Question 3: An Arkansas lawyer charges a contingent fee in a domestic relations matter. Is this permitted?

Only if the fee is under 25%
Yes, always permitted
No, contingent fees are prohibited in domestic relations matters (Correct answer)
Only with prior court approval

Correct answer: No, contingent fees are prohibited in domestic relations matters

Rule 1.5 prohibits contingent fees in domestic relations cases because they may create incentives that are adverse to reconciliation or fair settlement.

Question 4: In Arkansas, what is the general statute of limitations for a personal injury (tort) action?

1 year
2 years
3 years (Correct answer)
5 years

Correct answer: 3 years

Arkansas Code § 16-56-105 establishes a 3-year statute of limitations for most personal injury (tort) actions.

Question 5: Under Arkansas Rule 1.15, client funds must be kept in which type of account?

The attorney's personal checking account
Any bank account designated by the client
A trust or IOLTA account separate from the attorney's own funds (Correct answer)
A joint account with the client

Correct answer: A trust or IOLTA account separate from the attorney's own funds

Rule 1.15 requires client funds to be held in a trust or IOLTA account completely separate from the lawyer's personal or business funds.

Question 6: What is the approximate application fee for the Arkansas Bar Exam if submitted by the standard deadline?

$1,250
$500
$1,000 (Correct answer)
$750

Correct answer: $1,000

The application fee for the Arkansas Bar Exam is set by the Arkansas Supreme Court Committee on Professional Conduct. As of recent information, the standard application fee is approximately $1,000. This fee covers the administrative costs associated with processing the application and administering the examination.

Question 7: Under the Arkansas UCC, when a contract does not specify a delivery location, the seller's place of business is the:

Inspection location
Risk of loss transfer point
Payment location
Default delivery location (Correct answer)

Correct answer: Default delivery location

Under UCC § 2-308, the seller's place of business is the default delivery location when none is specified in the contract.

Question 8: Under Arkansas Rule of Evidence 804(b)(2), a dying declaration is admissible in a civil case if the declarant:

Made the statement in writing
Made the statement to a doctor only
Believed death was imminent and the statement concerned the cause or circumstances of that death (Correct answer)
Has since recovered and is available to testify

Correct answer: Believed death was imminent and the statement concerned the cause or circumstances of that death

The dying declaration exception requires the declarant's belief in imminent death and a statement about the cause or circumstances of that anticipated death.

Question 9: How is the UBE score calculated for Arkansas Bar Exam candidates?

The MBE, MEE, and MPT scores are combined and scaled to a total score out of 400. (Correct answer)
The highest score between the MBE and the written portion is used to determine passing.
Only the MBE score is considered for passing.
The MBE and MEE scores are averaged to determine the final score.

Correct answer: The MBE, MEE, and MPT scores are combined and scaled to a total score out of 400.

In Arkansas, as a UBE jurisdiction, the final bar exam score is a composite. The raw scores from the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and Multistate Performance Test (MPT) are combined and then scaled to a total score out of 400. This scaled score is then compared against the minimum passing score of 266.

Question 10: A defendant who acts with knowledge that harmful consequences are substantially certain to result is acting with:

Recklessness
Negligence
Strict liability
Intent (Correct answer)

Correct answer: Intent

Under tort law, intent includes acting with substantial certainty that harmful consequences will result, not merely a desire to cause harm.

Question 11: Under Arkansas contract law, an anticipatory repudiation occurs when:

A party fails to perform on the due date
A party materially breaches a minor term
A party clearly indicates before the due date that it will not perform (Correct answer)
A party's performance becomes impossible

Correct answer: A party clearly indicates before the due date that it will not perform

Anticipatory repudiation occurs when a party unequivocally communicates its intent not to perform before the performance date arrives.

Question 12: Which of the following is NOT a recognized defense to an intentional tort claim?

Public necessity
Consent
Contributory negligence (Correct answer)
Self-defense

Correct answer: Contributory negligence

Contributory negligence is a defense to negligence claims, not intentional torts; recognized defenses to intentional torts include consent, self-defense, defense of others, and necessity.

Question 13: Under Arkansas criminal law, what constitutes 'serious physical injury' for enhancement purposes?

Injury resulting in emotional distress
Physical injury that creates a substantial risk of death or causes permanent disfigurement or protracted loss of a body organ (Correct answer)
Any bruising or soreness
Any injury requiring a doctor's visit

Correct answer: Physical injury that creates a substantial risk of death or causes permanent disfigurement or protracted loss of a body organ

Serious physical injury under Arkansas Code § 5-1-102 means injury creating a substantial risk of death or causing permanent disfigurement or protracted loss or impairment of a body part.

Question 14: Which of the following statements is true regarding eligibility for the Arkansas Bar Exam?

Applicants must pass a character and fitness review. (Correct answer)
Applicants must complete their JD within three years of applying for the exam.
Graduates of non-ABA accredited law schools are automatically eligible to take the exam.
There is no requirement for a law degree if you have significant legal experience.

Correct answer: Applicants must pass a character and fitness review.

A crucial aspect of eligibility for the Arkansas Bar Exam and subsequent admission to the bar is passing a thorough character and fitness review. This process assesses an applicant's honesty, integrity, and overall suitability to practice law, ensuring they meet the ethical standards of the legal profession.

Question 15: If an applicant scores 130 on the MBE portion of the UBE, what additional score is required on the written portions (MEE and MPT combined) to pass the Arkansas Bar Exam?

136 (Correct answer)
140
130
150

Correct answer: 136

The Arkansas UBE requires a minimum total scaled score of 266. The MBE accounts for 50% of this score, and the written portions (MEE and MPT combined) account for the other 50%. If an applicant scores 130 on the MBE, they would need an additional 136 on the written portions to reach the passing threshold of 266.

Question 16: Under Arkansas Rule 7.1, lawyer advertising must NOT be:

Distributed by mail
Accompanied by the lawyer's photo
False or misleading (Correct answer)
Posted on a website

Correct answer: False or misleading

Rule 7.1 prohibits any communication about a lawyer's services that is false or misleading.

Question 17: What is the primary purpose of the Arkansas IOLTA program?

To generate interest from pooled client funds for public legal services (Correct answer)
To pay court filing fees on behalf of clients
To fund attorney retirement benefits
To provide malpractice insurance for attorneys

Correct answer: To generate interest from pooled client funds for public legal services

The IOLTA (Interest on Lawyers' Trust Accounts) program pools interest from small client trust balances to fund civil legal aid and law-related public programs.

Question 18: Under the Arkansas UCC, the perfect tender rule applies to contracts for the:

Lease of commercial property
Performance of personal services
Sale of goods (Correct answer)
Sale of real estate

Correct answer: Sale of goods

The UCC's perfect tender rule applies to contracts for the sale of goods, allowing rejection if delivery deviates in any way.

Question 19: Under Arkansas law, which of the following is NOT a required element of criminal conspiracy?

An agreement between two or more persons
A purpose to commit an offense
Commission of the completed offense (Correct answer)
An overt act in furtherance of the conspiracy in some cases

Correct answer: Commission of the completed offense

Conspiracy is an inchoate offense — the actual commission of the target offense is not required; the agreement and an overt act (where required) are sufficient.

Question 20: How much time is allotted for the Multistate Performance Test (MPT) portion of the Arkansas Bar Exam?

4 hours
3 hours (Correct answer)
6 hours
90 minutes

Correct answer: 3 hours

The Multistate Performance Test (MPT) is a practical component of the Arkansas Bar Exam, designed to assess an applicant's lawyering skills. For each MPT item, candidates are allotted 90 minutes. Since the UBE typically includes two MPT items, the total time allotted for the MPT portion is 3 hours.

Question 21: Under the Arkansas long-arm statute, an Arkansas court may exercise personal jurisdiction over a nonresident defendant who:

Has caused tortious injury in Arkansas or transacted business in Arkansas (Correct answer)
Has any social media followers in Arkansas
Is served anywhere in the country
Is a U.S. citizen

Correct answer: Has caused tortious injury in Arkansas or transacted business in Arkansas

Arkansas's long-arm statute permits jurisdiction over nonresidents who cause tortious injury in the state or who transact business within Arkansas.

Question 22: When is the typical deadline for late applications for the July Arkansas Bar Exam?

April 15
June 1
June 15
May 15 (Correct answer)

Correct answer: May 15

For the July administration of the Arkansas Bar Exam, the typical deadline for late applications is May 15. This allows candidates who missed the standard application deadline (usually March 1) to still apply, although a significant late fee is typically imposed. It's crucial for applicants to be aware of both the standard and late deadlines.

Question 23: Under Arkansas Rule of Evidence 501, attorney-client privilege in state civil proceedings is governed by:

Arkansas state law (Correct answer)
Federal common law
The ABA Model Rules only
The defendant's choice of privilege

Correct answer: Arkansas state law

In state court proceedings, privilege questions are governed by Arkansas state law, not federal common law.

Question 24: What is the minimum passing score for the MPRE that is required for admission to the Arkansas Bar?

80
75
90
85 (Correct answer)

Correct answer: 85

For admission to the Arkansas Bar, applicants are required to pass the Multistate Professional Responsibility Examination (MPRE). The minimum passing score established by the Arkansas Board of Law Examiners for the MPRE is 85. This exam assesses an applicant's knowledge of ethical standards for lawyers.

Question 25: Under the Arkansas Statute of Frauds, which type of contract must be in writing to be enforceable?

A service contract to be completed in 6 months
A contract between two merchants
A contract for the sale of goods worth $400
A contract for the sale of real estate (Correct answer)

Correct answer: A contract for the sale of real estate

Contracts for the sale of real estate must be in writing to be enforceable under the Arkansas Statute of Frauds.

Question 26: Under the Arkansas Constitution, how many members compose the Arkansas House of Representatives?

100 (Correct answer)
135
75
35

Correct answer: 100

The Arkansas House of Representatives has 100 members, each serving two-year terms.

Question 27: Which of the following is not required to submit a complete application for the Arkansas Bar Exam?

An official transcript showing a Juris Doctor (JD) degree from an ABA-accredited law school
A completed application form
Payment of the application fee
Passing the MPRE before submitting the bar exam application (Correct answer)

Correct answer: Passing the MPRE before submitting the bar exam application

While passing the MPRE (Multistate Professional Responsibility Examination) is a requirement for admission to the Arkansas Bar, it is generally not required to be completed *before* submitting the initial bar exam application. Applicants typically have a later deadline to satisfy the MPRE requirement, often by the time bar exam results are released. The other options are standard components required for a complete application submission.

Question 28: In Arkansas civil litigation, how many interrogatories may a party serve on another party without leave of court?

25 (Correct answer)
30
20
Unlimited

Correct answer: 25

Arkansas Rule of Civil Procedure 33 limits a party to 25 interrogatories, including subparts, without leave of court.

Question 29: Under the Arkansas Constitution, the Supreme Court of Arkansas consists of how many justices?

5
11
7 (Correct answer)
9

Correct answer: 7

The Arkansas Supreme Court consists of seven justices — a Chief Justice and six Associate Justices.

Question 30: What is the minimum passing score required on the Uniform Bar Examination (UBE) in Arkansas?

280
266 (Correct answer)
260
270

Correct answer: 266

To successfully pass the Uniform Bar Examination (UBE) in Arkansas and be eligible for admission to the bar, applicants must achieve a minimum scaled score of 266. This composite score is derived from the weighted results of the MBE, MEE, and MPT components.

Question 31: Under Arkansas Rule of Evidence 408, evidence of settlement offers or negotiations is inadmissible to prove:

The identity of the parties
Witness credibility
Liability or the validity or amount of a claim (Correct answer)
The statute of limitations

Correct answer: Liability or the validity or amount of a claim

Rule 408 protects settlement communications from admission to prove liability, encouraging parties to negotiate freely.

Question 32: A manufacturing defect in a products liability case is best described as:

A product line whose overall design is inherently unsafe
Failure to provide adequate warnings about known product dangers
Evidence that the plaintiff misused the product
A specific product unit that deviates from the manufacturer's intended design (Correct answer)

Correct answer: A specific product unit that deviates from the manufacturer's intended design

A manufacturing defect occurs when a specific product unit deviates from the manufacturer's intended design specifications, making that particular unit defective.

Question 33: Under the Equal Protection Clause as applied in Arkansas, what standard of review applies to a law that classifies based on sex?

No review — sex classifications are unreviewable
Intermediate scrutiny requiring exceedingly persuasive justification (Correct answer)
Rational basis review
Strict scrutiny

Correct answer: Intermediate scrutiny requiring exceedingly persuasive justification

Sex-based classifications under the Equal Protection Clause are subject to intermediate scrutiny, requiring the government to show the classification is substantially related to an important government interest.

Question 34: Under Arkansas law, criminal attempt requires that the defendant take a 'substantial step' toward commission of the offense. Which conduct qualifies?

Purchasing lawful items unrelated to the crime
Reconnoitering the place contemplated for commission of the offense (Correct answer)
Merely thinking about committing the crime
Talking about the crime with a friend

Correct answer: Reconnoitering the place contemplated for commission of the offense

Reconnoitering the planned location is expressly listed in Arkansas Code § 5-3-201 as an act that may constitute a substantial step toward criminal attempt.

Question 35: Under the Takings Clause of the Fifth Amendment, private property may be taken for public use only if:

Just compensation is paid to the property owner (Correct answer)
The legislature approves the taking by a supermajority
The government pays an amount the government determines is fair
The property is unoccupied

Correct answer: Just compensation is paid to the property owner

The Takings Clause requires 'just compensation' — fair market value — to be paid when the government takes private property for public use.

Question 36: Under Arkansas Rule of Civil Procedure 55, a default judgment may be entered against a defendant who:

Fails to plead or otherwise defend within the required time (Correct answer)
Files a counterclaim
Settles the case out of court
Disagrees with the complaint

Correct answer: Fails to plead or otherwise defend within the required time

Default may be entered when a party required to plead or defend fails to do so within the time prescribed by the rules.

Question 37: Under Arkansas law, a property owner may use which level of force to defend property from trespass?

Unlimited force including deadly force to protect the home
No force whatsoever, only legal remedies are available
Deadly force whenever the trespasser refuses to leave
Reasonable non-deadly force proportionate to the threat (Correct answer)

Correct answer: Reasonable non-deadly force proportionate to the threat

A landowner may use reasonable, non-deadly force to protect property, but deadly force is not justified solely to protect property interests.

Question 38: Under the Arkansas Fourth Amendment framework, a warrantless search of an automobile is permissible based on:

Reasonable suspicion only
A police officer's hunch
The driver's presence in a high-crime area
Probable cause that the vehicle contains evidence of a crime (Correct answer)

Correct answer: Probable cause that the vehicle contains evidence of a crime

The automobile exception allows a warrantless search when officers have probable cause to believe the vehicle contains contraband or evidence of a crime.

Question 39: Which of the following most accurately states the standard of care owed by a professional (e.g., an attorney) in a negligence case?

The care of the most highly skilled practitioner in the profession
A strict liability standard regardless of custom
The care of an ordinarily prudent layperson
The care of a reasonably competent professional in the same field (Correct answer)

Correct answer: The care of a reasonably competent professional in the same field

Professionals are held to the standard of a reasonably competent professional in the same field, not the ordinary layperson or the most skilled practitioner.

Question 40: Under Arkansas Rule 8.3, when must a lawyer report another lawyer's misconduct?

Whenever the lawyer suspects any minor infraction
When the lawyer knows of conduct that raises a substantial question of honesty, trustworthiness, or fitness (Correct answer)
Never — self-reporting is sufficient
Only if a client files a formal complaint

Correct answer: When the lawyer knows of conduct that raises a substantial question of honesty, trustworthiness, or fitness

Rule 8.3 requires reporting when a lawyer has actual knowledge of conduct raising a substantial question about another lawyer's fitness to practice.

Question 41: What is the standard application deadline for the February administration of the Arkansas Bar Exam?

February 1
November 1
December 1 (Correct answer)
January 1

Correct answer: December 1

The standard application deadline for the February administration of the Arkansas Bar Exam is December 1 of the preceding year. This deadline is set by the Arkansas Supreme Court Committee on Professional Conduct to allow sufficient time for processing applications and conducting character and fitness investigations. Missing this date typically results in late fees or disqualification for that exam cycle.

Question 42: Under New York Times v. Sullivan, a public figure suing for defamation must prove:

Special damages resulting from the publication
Actual malice—knowledge of falsity or reckless disregard for truth (Correct answer)
The defendant was negligent in publishing the false statement
Publication of the false statement to more than one third party

Correct answer: Actual malice—knowledge of falsity or reckless disregard for truth

Under New York Times v. Sullivan, a public figure must prove actual malice—that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

Question 43: The 'best evidence rule' under Arkansas Rule of Evidence 1002 requires:

An original document when its contents are at issue (Correct answer)
The most experienced expert witness available
Photographs instead of witness testimony
The most credible witness to testify first

Correct answer: An original document when its contents are at issue

Rule 1002 requires production of the original writing, recording, or photograph to prove its contents, unless an exception applies.

Question 44: Under Arkansas law, a third-party beneficiary has enforceable rights when the contracting parties intend to:

Assign their rights to the third party after formation
Delegate duties to the third party
Incidentally benefit the third party
Directly benefit the third party under the contract (Correct answer)

Correct answer: Directly benefit the third party under the contract

An intended beneficiary — one the parties deliberately meant to benefit — has enforceable contract rights; an incidental beneficiary does not.

Question 45: Under Arkansas Rule of Evidence 701, lay witness opinion testimony is admissible if it is:

Supported by expert reports
Rationally based on the witness's own perception and helpful to the trier of fact (Correct answer)
Made under oath only in depositions
Based on scientific data

Correct answer: Rationally based on the witness's own perception and helpful to the trier of fact

Lay opinion under Rule 701 must be rationally based on the witness's firsthand perception and helpful in understanding the testimony or a fact in issue.

Question 46: Under the Arkansas Rules of Professional Conduct, how long must an attorney generally retain client files after representation ends?

1 year
7 years
5 years (Correct answer)
3 years

Correct answer: 5 years

Arkansas attorneys are generally expected to retain client files for at least 5 years after the conclusion of representation.

Question 47: Which of the following is a complete defense to a defamation claim?

Truth of the statement
Absolute privilege in certain proceedings
Opinion based on disclosed facts
All of the above are complete defenses (Correct answer)

Correct answer: All of the above are complete defenses

Truth, absolute and qualified privilege, and the opinion privilege are all recognized complete defenses to defamation that bar any recovery.

Question 48: Which of the following steps must be completed after passing the Arkansas Bar Exam but before being admitted to practice law?

Attend a swearing-in ceremony (Correct answer)
Submit an additional application form
Retake the Multistate Bar Examination (MBE)
Complete a mandatory law clerkship

Correct answer: Attend a swearing-in ceremony

After successfully passing the Arkansas Bar Exam and fulfilling all character and fitness requirements, candidates must attend a formal swearing-in ceremony to be officially admitted to practice law in Arkansas. This ceremony is where the oath of attorney is administered, marking the final step in becoming a licensed attorney. The other options are either incorrect or not universally required post-exam.

Question 49: Under Arkansas Rule of Evidence 404(b), evidence of prior bad acts may be admissible to prove:

The defendant's general reputation in the community
Character to show the defendant acted in conformity therewith
Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (Correct answer)
Only prior convictions, not arrests

Correct answer: Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Rule 404(b) prohibits prior bad acts to prove propensity but allows them to prove motive, intent, plan, knowledge, identity, or absence of mistake or accident.

Question 50: Which of the following applicants is not eligible to take the Arkansas Bar Exam?

A graduate of an ABA-accredited law school who has not yet taken the MPRE.
An applicant who has passed the MPRE with a score of 85 and has a JD from a non-ABA accredited law school. (Correct answer)
An applicant who graduated from an ABA-accredited law school 10 years ago and has passed the MPRE.
An applicant who has completed a JD from an ABA-accredited law school and passed the MPRE with a score of 95.

Correct answer: An applicant who has passed the MPRE with a score of 85 and has a JD from a non-ABA accredited law school.

A fundamental requirement for eligibility to take the Arkansas Bar Exam is possessing a Juris Doctor (JD) degree from an American Bar Association (ABA)-accredited law school. Therefore, an applicant with a JD from a non-ABA accredited institution, regardless of their MPRE score, would not meet the educational prerequisites for the Arkansas Bar.

Question 51: Under Arkansas Rule 1.3, what duty does a lawyer owe a client regarding diligence?

Complete all work within 30 days
Guarantee a favorable outcome
File at least one motion per month
Act with reasonable diligence and promptness in representing a client (Correct answer)

Correct answer: Act with reasonable diligence and promptness in representing a client

Rule 1.3 requires a lawyer to act with reasonable diligence and promptness, avoiding neglect of client matters.

Question 52: In Arkansas, which doctrine may enforce a promise that lacks consideration if the promisor reasonably expected the promisee to rely on it and the promisee did so to their detriment?

Quasi-contract
Promissory estoppel (Correct answer)
Unjust enrichment
Implied-in-fact contract

Correct answer: Promissory estoppel

Promissory estoppel substitutes for consideration when detrimental reliance on a promise is foreseeable and injustice can only be avoided by enforcement.

Question 53: Under Arkansas Rule of Civil Procedure 23, a class action requires a finding that common questions of law or fact:

Need not exist
Are unique to each plaintiff
Predominate over individual questions and a class action is the superior method (Correct answer)
Are resolved by statute

Correct answer: Predominate over individual questions and a class action is the superior method

For class certification, common questions must predominate and the class action device must be superior to other methods of adjudication.

Question 54: Under Arkansas contract law, which element is NOT required to form a valid contract?

Writing (Correct answer)
Offer
Consideration
Acceptance

Correct answer: Writing

A writing is not required for most contracts; oral contracts are generally enforceable in Arkansas unless the Statute of Frauds applies.

Question 55: Under Arkansas contract law, damages for breach are generally limited by the duty to:

Punish the breaching party
Renegotiate the contract
Seek equitable relief first
Mitigate losses (Correct answer)

Correct answer: Mitigate losses

The non-breaching party has a duty to mitigate damages by taking reasonable steps to minimize losses after the breach.

Question 56: Under Arkansas Rule of Civil Procedure 59, a motion for new trial must be filed within:

15 days of the judgment (Correct answer)
30 days of the judgment
10 days of the verdict
60 days of the judgment

Correct answer: 15 days of the judgment

A motion for new trial in Arkansas must be filed within 15 days after the entry of judgment.

Question 57: Which contract defense excuses performance in Arkansas when an unforeseen event makes performance impractical, not just more expensive?

Accord and satisfaction
Duress
Commercial impracticability (Correct answer)
Misrepresentation

Correct answer: Commercial impracticability

Commercial impracticability excuses performance when an unforeseeable event makes performance impractical, even if not literally impossible.

Question 58: Under products liability, which theory allows a plaintiff to recover without proving the manufacturer was negligent?

Strict liability in tort under Restatement Second §402A (Correct answer)
Negligence per se based on regulatory violations
Respondeat superior for employee manufacturing errors
Breach of express written warranty only

Correct answer: Strict liability in tort under Restatement Second §402A

Strict liability in tort (Restatement Second §402A) allows recovery when a product is defective and unreasonably dangerous, without requiring proof that the manufacturer was negligent.

Question 59: Under Arkansas Rule 1.16, an attorney MUST withdraw from representation if:

The client refuses to pay a single invoice
The case becomes too complex
The client instructs the attorney to pursue a frivolous claim
Continued representation would result in violation of the Rules of Professional Conduct (Correct answer)

Correct answer: Continued representation would result in violation of the Rules of Professional Conduct

Mandatory withdrawal is required when continuing the representation would require violating the Rules of Professional Conduct or other law.

Question 60: An Arkansas attorney receives a $5,000 flat fee that is earned only upon completion of the matter. Where must these funds be held initially?

In cash at the attorney's office
In the attorney's operating account immediately
In a client trust account until earned (Correct answer)
In escrow at the courthouse

Correct answer: In a client trust account until earned

Fees not yet earned must be held in a client trust account until the attorney earns them through performance of the agreed services.

Question 61: Under Arkansas constitutional law, which branch has the power to declare laws unconstitutional?

The Arkansas General Assembly by majority vote
The Attorney General by formal opinion
The Arkansas Supreme Court through judicial review (Correct answer)
The Governor as chief executive

Correct answer: The Arkansas Supreme Court through judicial review

The Arkansas Supreme Court exercises the power of judicial review to invalidate laws that violate the Arkansas Constitution or the U.S. Constitution.

Question 62: Under Arkansas law, robbery is distinguished from theft by the element of:

The time of day the offense occurs
Whether the victim was armed
The value of the property taken
The use or threatened use of physical force against a person during the taking (Correct answer)

Correct answer: The use or threatened use of physical force against a person during the taking

Robbery under Arkansas Code § 5-12-102 requires that the taking be accompanied by the use or threatened use of physical force against a person.

Question 63: The tort of intentional infliction of emotional distress (IIED) requires conduct that is:

Technically a breach of a contractual duty
Extreme and outrageous beyond all bounds of decency (Correct answer)
Negligent and resulting in identifiable physical harm
Merely insulting or offensive to a reasonable person

Correct answer: Extreme and outrageous beyond all bounds of decency

IIED requires that the defendant's conduct be extreme and outrageous, beyond all bounds of decency, causing severe emotional distress to the plaintiff.

Question 64: If an applicant scores 140 on the MBE and 130 on the written portions (MEE and MPT combined), what will be their total UBE score in Arkansas?

270 (Correct answer)
265
260
280

Correct answer: 270

The UBE score in Arkansas is calculated by combining the scaled scores of its components. The MBE score contributes 50% and the combined MEE and MPT scores contribute the other 50%. If an applicant scores 140 on the MBE and 130 on the written portions (MEE and MPT combined), their total UBE score would be 140 + 130 = 270.

Question 65: Negligence per se substitutes the breach element when a defendant violates:

General industry customs and practices
A contractual provision owed to the plaintiff
A statute designed to protect against the type of harm suffered by the plaintiff (Correct answer)
A common law reasonable person standard

Correct answer: A statute designed to protect against the type of harm suffered by the plaintiff

Negligence per se applies when a defendant violates a statute designed to protect a class of persons that includes the plaintiff from the type of harm that occurred, establishing breach as a matter of law.

Question 66: An Arkansas attorney discovers she has a conflict of interest mid-representation. What is the FIRST required action?

Consult the client and obtain informed consent if possible (Correct answer)
Withdraw immediately without notice
Notify the opposing party
File a motion to withdraw with the court

Correct answer: Consult the client and obtain informed consent if possible

Upon discovering a conflict, the attorney must consult the affected client and obtain informed written consent where the conflict is consentable.

Question 67: Under Arkansas law, which remedy seeks to return non-breaching parties to the position they were in before the contract was formed?

Nominal damages
Expectation damages
Specific performance
Restitution (Correct answer)

Correct answer: Restitution

Restitution is designed to restore the plaintiff to the pre-contract position by recovering the benefit conferred on the breaching party.

Question 68: Which body administers attorney discipline in Arkansas?

The Arkansas Circuit Courts
The Arkansas Attorney General's Office
The Supreme Court of Arkansas through the Office of Professional Conduct (Correct answer)
The Arkansas State Bar Association

Correct answer: The Supreme Court of Arkansas through the Office of Professional Conduct

Attorney discipline in Arkansas is administered by the Supreme Court of Arkansas through its Office of Professional Conduct.

Question 69: In an Arkansas civil case, a defendant must file an answer within how many days of being served, absent extension?

45 days
20 days
30 days (Correct answer)
10 days

Correct answer: 30 days

Under Arkansas Rule of Civil Procedure 12(a), a defendant generally has 30 days after service of the summons and complaint to file an answer.

Question 70: How many essays are included in the Multistate Essay Examination (MEE) portion of the Arkansas Bar Exam?

5
7
6 (Correct answer)
4

Correct answer: 6

The Multistate Essay Examination (MEE) is a component of the Arkansas Bar Exam, which is part of the UBE. This section requires applicants to answer six essay questions. These essays test an applicant's ability to analyze legal issues and present well-reasoned arguments across various subject areas.

Question 71: Under Arkansas Rule 3.5, which contact with a juror is prohibited?

Contacting a juror in open court
Asking a juror a question during voir dire
Ex parte communication with a juror during trial without court approval (Correct answer)
Thanking jurors after a verdict in open court

Correct answer: Ex parte communication with a juror during trial without court approval

Rule 3.5 prohibits unauthorized ex parte communication with a juror during the proceeding, protecting jury integrity.

Question 72: Under Arkansas law, what is the statute of limitations for a Class Y felony that is not specifically extended by statute?

10 years
No statute of limitations (Correct answer)
3 years
5 years

Correct answer: No statute of limitations

Arkansas Code § 5-1-109 provides that there is no statute of limitations for Class Y felonies, the most serious felony classification.

Question 73: Under Arkansas Rule 26, which of the following must be disclosed automatically without a discovery request?

Identification of witnesses likely to have discoverable information and documents the party may use to support its claims (Correct answer)
All emails in the company's system
Expert opinions on damages
Privileged attorney-client communications

Correct answer: Identification of witnesses likely to have discoverable information and documents the party may use to support its claims

Rule 26 mandatory disclosures include the names of witnesses with relevant knowledge and documents the disclosing party may use to support its claims or defenses.

Question 74: Which doctrine allows an Arkansas court to refuse enforcement of a contract that is shockingly unfair at the time it was formed?

Frustration of purpose
Promissory estoppel
Unconscionability (Correct answer)
Impossibility

Correct answer: Unconscionability

The doctrine of unconscionability allows courts to refuse to enforce contracts that are oppressively unfair at the time of formation.

Question 75: Under the U.S. Constitution's Supremacy Clause, when does a federal law preempt an Arkansas state law?

Only when the President issues an executive order
When Congress has occupied the field or when state law conflicts with federal law (Correct answer)
Whenever the state law is more protective of individual rights
Only when a majority of states have the same law

Correct answer: When Congress has occupied the field or when state law conflicts with federal law

Preemption occurs when Congress has expressly or impliedly occupied a regulatory field, or when state law directly conflicts with federal law.

Question 76: Under Arkansas law, liquidated damages clauses are enforceable if they:

Are set at an amount higher than actual losses suffered
Represent a reasonable estimate of actual damages at the time of contracting (Correct answer)
Constitute a penalty designed to punish the breaching party
Are agreed to after the breach occurs

Correct answer: Represent a reasonable estimate of actual damages at the time of contracting

Liquidated damages are enforceable in Arkansas when they represent a reasonable forecast of actual harm and actual damages are difficult to estimate.

Question 77: Under Arkansas Rule of Evidence 401, relevant evidence is evidence that:

Has been authenticated by both parties
Is admitted by stipulation
Has any tendency to make a fact of consequence more or less probable than it would be without the evidence (Correct answer)
Conclusively proves a fact

Correct answer: Has any tendency to make a fact of consequence more or less probable than it would be without the evidence

Relevance under Rule 401 is a low threshold — any tendency to make a consequential fact more or less probable qualifies.

Question 78: Under Arkansas Rule of Evidence 901, authentication of a document requires:

Admission by the opposing party
Evidence sufficient to support a finding that the item is what the proponent claims it to be (Correct answer)
Certification by a government agency
Notarization by a licensed notary

Correct answer: Evidence sufficient to support a finding that the item is what the proponent claims it to be

Authentication is satisfied by sufficient evidence that the item is what the proponent claims — this is a low threshold met by circumstantial evidence.

Question 79: The Arkansas Constitution's Amendment 80 restructured the court system. Which courts were abolished?

Circuit courts and district courts
The Supreme Court and the Court of Appeals
Chancery and probate courts, which were merged into the circuit court system (Correct answer)
Justice of the peace courts only

Correct answer: Chancery and probate courts, which were merged into the circuit court system

Amendment 80, effective 2001, abolished separate chancery and probate courts and merged their jurisdiction into the circuit court system.

Question 80: Under Arkansas Rule of Evidence 801(d)(2), an admission by a party-opponent is defined as:

A stipulation entered in the record
A statement offered against a party that is the party's own statement (Correct answer)
A document signed by both parties
Any statement made by any witness

Correct answer: A statement offered against a party that is the party's own statement

A party admission under Rule 801(d)(2) is a statement made by the party and offered against that party — it is defined as non-hearsay.

Question 81: Under the Arkansas Uniform Controlled Substances Act, possession of a Schedule I controlled substance with intent to deliver is classified as:

A civil infraction
A Class C felony at minimum, increasing with quantity (Correct answer)
A Class B misdemeanor
A Class A misdemeanor

Correct answer: A Class C felony at minimum, increasing with quantity

Possession with intent to deliver a Schedule I controlled substance is a Class C felony at minimum under Arkansas law, with the classification increasing based on quantity.

Question 82: Strict liability for abnormally dangerous activities is imposed regardless of:

Whether the activity violated a statute
Whether actual harm occurred to the plaintiff
The degree of care exercised by the defendant (Correct answer)
The plaintiff's status as invitee, licensee, or trespasser

Correct answer: The degree of care exercised by the defendant

Strict liability for abnormally dangerous activities holds defendants liable regardless of the degree of care exercised, because the activity itself creates an unacceptable risk of harm.

Question 83: Under Arkansas Rule of Evidence 803(2), an excited utterance is admissible hearsay if:

Recorded on video
Made at least one hour after the event
Made by a medical professional
Made while the declarant was under the stress of excitement caused by a startling event (Correct answer)

Correct answer: Made while the declarant was under the stress of excitement caused by a startling event

The excited utterance exception requires a startling event and a statement made while the declarant was still under the excitement caused by that event.

Question 84: Under Arkansas law, when may a party appeal a circuit court judgment to the Arkansas Court of Appeals?

Any time during the litigation
From a final judgment or an order that is specifically designated as appealable (Correct answer)
Only after a jury trial
Only with the trial judge's permission

Correct answer: From a final judgment or an order that is specifically designated as appealable

Appeals lie from final judgments and from certain interlocutory orders specifically designated by rule or statute as appealable.

Question 85: Which of the following is one of the four recognized categories of invasion of privacy?

Public disclosure of accurate information from public records
Intentional infliction of severe emotional distress
Trespass to the plaintiff's personal property
Appropriation of the plaintiff's name or likeness for commercial gain (Correct answer)

Correct answer: Appropriation of the plaintiff's name or likeness for commercial gain

Appropriation of the plaintiff's name or likeness for the defendant's commercial advantage without consent is one of the four recognized privacy torts.

Question 86: Which of the following is the correct breakdown of the weight given to each component of the UBE in Arkansas?

MBE 30%, MEE 50%, MPT 20%
MBE 60%, MEE 20%, MPT 20%
MBE 50%, MEE 30%, MPT 20% (Correct answer)
MBE 40%, MEE 30%, MPT 30%

Correct answer: MBE 50%, MEE 30%, MPT 20%

Arkansas, as a UBE jurisdiction, assigns specific weights to each component of the Uniform Bar Examination for calculating the total score. The Multistate Bar Examination (MBE) accounts for 50% of the total score, the Multistate Essay Examination (MEE) for 30%, and the Multistate Performance Test (MPT) for 20%. This weighting scheme emphasizes the MBE.

Question 87: In Arkansas, the parol evidence rule generally prevents introduction of prior oral agreements to:

Supplement a partially integrated written contract
Contradict the express terms of a fully integrated written contract (Correct answer)
Establish fraud in the inducement
Show a condition precedent

Correct answer: Contradict the express terms of a fully integrated written contract

The parol evidence rule bars extrinsic evidence that contradicts the unambiguous terms of a fully integrated written contract.

Question 88: The Fourteenth Amendment's Due Process Clause protects against deprivation of life, liberty, or property without due process. Which type of due process requires a fair hearing before deprivation?

Administrative due process
Procedural due process (Correct answer)
Legislative due process
Substantive due process

Correct answer: Procedural due process

Procedural due process requires fair procedures — such as notice and a hearing — before the government deprives someone of a protected interest.

Question 89: In Arkansas, which court has general original jurisdiction over civil matters exceeding $25,000?

Circuit Court (Correct answer)
Small Claims Court
Probate Court
District Court

Correct answer: Circuit Court

Arkansas Circuit Courts have general original jurisdiction over civil matters where the amount in controversy exceeds $25,000.

Question 90: Under the First Amendment as applied to Arkansas, which standard applies when a content-neutral regulation incidentally burdens speech?

Strict scrutiny
Intermediate scrutiny (O'Brien test): the regulation must advance an important government interest unrelated to suppression of speech) (Correct answer)
No constitutional scrutiny applies
Rational basis review

Correct answer: Intermediate scrutiny (O'Brien test): the regulation must advance an important government interest unrelated to suppression of speech)

Content-neutral regulations that incidentally burden speech are evaluated under intermediate scrutiny, requiring the government to show an important interest unrelated to suppressing speech.

Question 91: Under Arkansas Rule of Civil Procedure 11, sanctions for a frivolous filing may include:

Attorney's fees and other appropriate sanctions (Correct answer)
Only a public reprimand of counsel
Automatic appeal rights
Criminal contempt only

Correct answer: Attorney's fees and other appropriate sanctions

Rule 11 authorizes the court to impose sanctions, including attorney's fees, for pleadings filed without reasonable basis in fact or law.

Question 92: Under Arkansas law, the felony murder rule applies when a death occurs during the commission of which type of crime?

Any misdemeanor
Only drug offenses
Specifically enumerated felonies such as robbery, kidnapping, or arson (Correct answer)
Any traffic offense

Correct answer: Specifically enumerated felonies such as robbery, kidnapping, or arson

Arkansas's felony murder rule applies when death results during the commission of an enumerated dangerous felony such as robbery, rape, kidnapping, or arson.

Question 93: Under Arkansas products liability law, which of the following is a recognized defense that may reduce or bar the plaintiff's recovery?

The plaintiff's comparative fault in misusing a product in a known dangerous way (Correct answer)
The defendant did not know the product was defective
The product conformed to the industry standard at the time of manufacture
The manufacturer exercised all possible care in production

Correct answer: The plaintiff's comparative fault in misusing a product in a known dangerous way

The plaintiff's comparative fault, including unreasonable product misuse or assumption of a known risk, is a recognized defense that can reduce or bar recovery in an Arkansas products liability claim.

Question 94: Under Arkansas law, 'breaking and entering' differs from burglary primarily because burglary requires:

Unlawful entry with the purpose to commit a felony or misdemeanor therein (Correct answer)
Entry through a window
Daytime entry
A monetary threshold for stolen property

Correct answer: Unlawful entry with the purpose to commit a felony or misdemeanor therein

Arkansas burglary requires unlawful entry into a residential or commercial occupiable structure with the purpose of committing a crime inside.

Question 95: The 'but for' test in negligence law is used to establish which element?

Breach of the standard of care
Duty of care owed to the plaintiff
Actual (factual) causation (Correct answer)
Proximate (legal) causation

Correct answer: Actual (factual) causation

The 'but for' test is the standard test for actual (factual) causation, asking whether the plaintiff's injury would have occurred but for the defendant's negligent conduct.

Question 96: Under Arkansas Rule of Evidence 403, otherwise relevant evidence may be excluded if:

It is lengthy to present
Its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury (Correct answer)
The opposing party objects
It is documentary rather than testimonial

Correct answer: Its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury

Rule 403 allows exclusion when probative value is substantially outweighed by unfair prejudice, confusion of issues, or misleading the jury.

Question 97: Under Arkansas double jeopardy protections, a defendant acquitted of a charge may NOT be:

Sued civilly for the same conduct
Subpoenaed as a witness in a related case
Retried for the same offense in the same jurisdiction (Correct answer)
Charged with a different offense arising from the same conduct

Correct answer: Retried for the same offense in the same jurisdiction

The Double Jeopardy Clause bars retrial after acquittal for the same offense — an acquittal is final and unreviewable.

Question 98: Under the 'eggshell plaintiff' rule, a defendant is liable for:

All damages caused, even if magnified by the plaintiff's pre-existing condition (Correct answer)
No damages if the plaintiff's condition was a superseding cause
Only the foreseeable extent of harm to an average person
A proportional share based on the plaintiff's pre-existing vulnerability

Correct answer: All damages caused, even if magnified by the plaintiff's pre-existing condition

The eggshell plaintiff rule holds that a defendant is liable for all damages caused, even if the extent of harm was unforeseeable due to the plaintiff's pre-existing vulnerability.

Question 99: Under Arkansas Rule of Evidence 407, evidence of subsequent remedial measures is generally inadmissible to prove:

The identity of witnesses
The date of the accident
The plaintiff's comparative fault
Negligence or culpable conduct (Correct answer)

Correct answer: Negligence or culpable conduct

Rule 407 excludes subsequent remedial measures to prove negligence or culpability, encouraging parties to fix hazards without fear that the repair will be used against them.

Question 100: Trespass to land is complete upon which showing?

Actual damage to the landowner's property
Intentional physical entry onto another's land without permission (Correct answer)
Economic harm suffered by the landowner
Knowledge by the entrant that the entry was unauthorized

Correct answer: Intentional physical entry onto another's land without permission

Trespass to land only requires an intentional act causing physical entry onto another's land without permission; actual damage and knowledge of trespass are not required elements.

Question 101: Under Arkansas Rule of Civil Procedure 65, a temporary restraining order (TRO) may be issued without notice to the opposing party if:

The case involves over $100,000
The plaintiff posts a bond
The judge is unavailable
Immediate and irreparable injury will result before the adverse party can be heard (Correct answer)

Correct answer: Immediate and irreparable injury will result before the adverse party can be heard

An ex parte TRO is available only when immediate and irreparable injury will occur before the opposing party can be given notice and an opportunity to be heard.

Question 102: Under the Arkansas Constitution's Amendment 68, which type of abortion is prohibited?

Abortions performed to save the life of the mother
Public funding of abortions except to save the mother's life (Correct answer)
Abortions performed after 20 weeks
All abortions without exception

Correct answer: Public funding of abortions except to save the mother's life

Arkansas Amendment 68 prohibits the use of public funds to pay for abortions except when necessary to save the life of the mother.

Question 103: Under the Commerce Clause, Congress has the power to regulate activities that:

Are approved by two-thirds of the states
Are explicitly listed in the Constitution
Occur only within a single state and have no economic effect
Substantially affect interstate commerce, even if the activity itself is intrastate (Correct answer)

Correct answer: Substantially affect interstate commerce, even if the activity itself is intrastate

Under Wickard v. Filburn and later cases, Congress may regulate intrastate activities that substantially affect interstate commerce.

Question 104: Under Arkansas Code § 5-2-203, which defense completely absolves a defendant who lacked the capacity to conform conduct to the law?

Duress
Entrapment
Voluntary intoxication
Insanity defense (mental disease or defect) (Correct answer)

Correct answer: Insanity defense (mental disease or defect)

The insanity defense under Arkansas Code § 5-2-312 excuses criminal conduct when, due to mental disease or defect, the defendant lacked capacity to appreciate criminality or conform conduct to law.

Question 105: Under Arkansas Rule of Evidence 803(6), a business record is admissible as an exception to hearsay if it was made:

In the regular course of business at or near the time of the event by someone with personal knowledge (Correct answer)
Only if authenticated by the court
After the lawsuit was filed
By a government official only

Correct answer: In the regular course of business at or near the time of the event by someone with personal knowledge

The business records exception requires the record to be made near the time of the event by someone with personal knowledge, in the regular course of a business activity.

Question 106: Under strict scrutiny, a law will be upheld only if:

It is necessary to achieve a compelling government interest and is narrowly tailored (Correct answer)
It substantially relates to an important interest
It is rationally related to a legitimate government interest
The legislature intended a rational purpose

Correct answer: It is necessary to achieve a compelling government interest and is narrowly tailored

Strict scrutiny requires the government to show the law is narrowly tailored to advance a compelling government interest — the most demanding standard of constitutional review.

Question 107: Under Arkansas Code § 5-2-603, the defense of duress is available when the defendant acted because of:

Peer pressure from friends
A threat of imminent death or serious physical injury that a reasonable person could not resist (Correct answer)
An order from an employer
Financial hardship

Correct answer: A threat of imminent death or serious physical injury that a reasonable person could not resist

Duress requires a threat of imminent death or serious physical injury of such gravity that a person of reasonable firmness could not resist.

Question 108: The Establishment Clause of the First Amendment, as applied to Arkansas, prohibits:

Religious speech in public parks
Religious organizations from owning property
Individuals from practicing religion in public
Government action that endorses, advances, or entangles government with a particular religion (Correct answer)

Correct answer: Government action that endorses, advances, or entangles government with a particular religion

The Establishment Clause bars government endorsement of or excessive entanglement with religion, requiring government neutrality toward religious matters.

Question 109: The Arkansas Constitution of 1874 provides that the Governor serves a term of:

8 years
2 years
4 years (Correct answer)
6 years

Correct answer: 4 years

The Arkansas Governor serves a four-year term under the Arkansas Constitution, with a two-consecutive-term limit.

Question 110: Under the Arkansas Constitution, which power does the Governor NOT possess?

Pardon convicted felons
Declare legislation unconstitutional (Correct answer)
Veto legislation
Call special sessions of the General Assembly

Correct answer: Declare legislation unconstitutional

The power to declare laws unconstitutional belongs exclusively to the judiciary — the Governor may veto, pardon, and call special sessions but cannot strike down laws.

Question 111: Under Arkansas law, a contract formed under duress is:

Voidable at the election of the coerced party (Correct answer)
Enforceable by the coercing party only
Automatically reformed by the court
Void ab initio

Correct answer: Voidable at the election of the coerced party

A contract formed under duress is voidable — the coerced party may rescind it, but it is not automatically void.

Question 112: Under Arkansas Rule 4.2, an attorney must obtain whose consent before communicating with a represented party?

The trial judge
The bar association
The opposing party's lawyer (Correct answer)
The opposing party directly

Correct answer: The opposing party's lawyer

Rule 4.2 prohibits direct communication with a represented person without consent of that person's lawyer.

Question 113: Under the Eighth Amendment, the death penalty may NOT be imposed on:

Defendants convicted of first-degree murder
Defendants who kill multiple victims
Defendants who have prior felony convictions
Intellectually disabled defendants or defendants who committed their crime as juveniles (Correct answer)

Correct answer: Intellectually disabled defendants or defendants who committed their crime as juveniles

The Supreme Court has held the Eighth Amendment prohibits imposing the death penalty on intellectually disabled individuals (Atkins) and juveniles (Roper).

Question 114: Under Arkansas Rule of Civil Procedure 12(b), a motion to dismiss for failure to state a claim must be filed:

Within the time allowed for filing an answer or by motion before pleading (Correct answer)
Only after summary judgment is denied
Any time before trial
Before any discovery

Correct answer: Within the time allowed for filing an answer or by motion before pleading

A Rule 12(b)(6) motion must be made before pleading if a responsive pleading is allowed, or within the time to answer.

Question 115: Under Arkansas Rule of Civil Procedure 56, summary judgment is appropriate when:

There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
The plaintiff has a strong case
The defendant fails to appear
Both parties agree to it

Correct answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law

Summary judgment is granted when the record shows no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

Question 116: In Arkansas, a defendant charged with a felony has the right to a jury trial composed of how many jurors?

8
12 (Correct answer)
6
10

Correct answer: 12

The Arkansas Constitution requires a 12-person jury for felony trials, and a unanimous verdict is required for conviction.

Question 117: In Arkansas, venue for a personal injury action against an individual defendant is proper in:

Only the county where the plaintiff resides
The county where the plaintiff's attorney practices
The county where the defendant resides or where the cause of action arose (Correct answer)
Only federal court

Correct answer: The county where the defendant resides or where the cause of action arose

Venue for tort actions in Arkansas is proper in the county where the defendant resides or where the injury or cause of action arose.

Question 118: Under Arkansas contract law, which of the following is an example of a valid accord and satisfaction?

Two parties agree to modify a contract without new consideration
A party assigns its rights without the obligor's consent
A creditor accepts a lesser sum of an undisputed debt
A creditor accepts a lesser sum in full satisfaction of a disputed debt (Correct answer)

Correct answer: A creditor accepts a lesser sum in full satisfaction of a disputed debt

Accord and satisfaction requires a bona fide dispute; accepting less than an undisputed amount does not extinguish the original obligation.

Question 119: Under Arkansas Rule 1.6, which disclosure of client confidential information is PERMITTED without client consent?

To prevent reasonably certain death or substantial bodily harm (Correct answer)
To share with marketing partners
To satisfy personal curiosity about a case
To gain a fee advantage in billing disputes

Correct answer: To prevent reasonably certain death or substantial bodily harm

Rule 1.6 permits disclosure to prevent reasonably certain death or substantial bodily harm as a recognized exception to confidentiality.

Question 120: Under Arkansas Rule of Evidence 702, expert testimony is admissible if:

The expert has a doctoral degree
The expert has testified in at least five prior cases
The expert is licensed in Arkansas
The expert's scientific or technical knowledge will help the trier of fact and the testimony is based on sufficient facts and reliable principles (Correct answer)

Correct answer: The expert's scientific or technical knowledge will help the trier of fact and the testimony is based on sufficient facts and reliable principles

Rule 702 requires that expert testimony be helpful to the fact-finder, based on sufficient facts or data, and the product of reliable principles and methods.

Question 121: In Arkansas, the general statute of limitations for a written contract action is:

7 years
5 years (Correct answer)
3 years
10 years

Correct answer: 5 years

Arkansas provides a five-year statute of limitations for actions on written contracts under Ark. Code Ann. § 16-56-111.

Question 122: An Arkansas plaintiff voluntarily dismisses an action without prejudice for the second time against the same defendant. What is the effect?

The defendant may seek sanctions
The dismissal is still without prejudice
The court must approve the second dismissal
The dismissal operates as an adjudication on the merits (with prejudice) (Correct answer)

Correct answer: The dismissal operates as an adjudication on the merits (with prejudice)

Under the Arkansas 'two dismissal rule,' a second voluntary dismissal against the same defendant operates as an adjudication on the merits.

Question 123: Under Arkansas comparative fault law, a plaintiff is barred from recovery when their fault:

Exceeds 75% of total fault
Is greater than zero percent
Exceeds 25% of total fault
Equals or exceeds 50% of total fault (Correct answer)

Correct answer: Equals or exceeds 50% of total fault

Arkansas follows modified comparative fault with a 50% bar, meaning a plaintiff may not recover if their fault equals or exceeds the defendant's fault.

Question 124: Under Arkansas law, a Class Y felony carries a sentence range of:

3–10 years
10–40 years or life imprisonment (Correct answer)
1–6 years
Up to 1 year in county jail

Correct answer: 10–40 years or life imprisonment

Class Y felonies are the most serious Arkansas felony classification, carrying a sentence of 10 to 40 years or life imprisonment.

Question 125: Which of the following creates an affirmative duty to act under tort law, overcoming the general no-duty-to-rescue rule?

Witnessing a stranger in a life-threatening emergency
The harm to the plaintiff was highly foreseeable
The defendant's own prior conduct created the peril facing the plaintiff (Correct answer)
The plaintiff is a minor child

Correct answer: The defendant's own prior conduct created the peril facing the plaintiff

A recognized exception to the no-duty-to-act rule arises when the defendant created the peril placing the plaintiff in danger, thereby imposing an affirmative duty to render aid.

Question 126: Under the Arkansas Rules of Evidence, which of the following is NOT hearsay?

A letter written by the defendant describing the incident
A witness repeating what a bystander told her about the accident
A customer's diary entry about a store visit
A prior inconsistent statement made under oath at a prior proceeding (Correct answer)

Correct answer: A prior inconsistent statement made under oath at a prior proceeding

Under ARe Rule 801(d)(1), a prior inconsistent statement made under oath at a prior proceeding is defined as non-hearsay and is admissible as substantive evidence.

Question 127: Which of the following is required for eligibility to sit for the Arkansas Bar Exam?

An undergraduate degree in any field.
Being a U.S. citizen.
Passing the Multistate Professional Responsibility Examination (MPRE) with a score of at least 85. (Correct answer)
A Juris Doctor (JD) degree from an ABA-accredited law school. (Correct answer)

Correct answer: Passing the Multistate Professional Responsibility Examination (MPRE) with a score of at least 85.

To be eligible to sit for the Arkansas Bar Exam, applicants must hold a Juris Doctor (JD) degree. This degree specifically needs to be obtained from a law school that is accredited by the American Bar Association (ABA). This is a fundamental educational requirement for bar admission in most U.S. jurisdictions, including Arkansas.

Question 128: Under the Arkansas Rules of Civil Procedure, what is the general statute of limitations for filing a written contract claim?

5 years (Correct answer)
3 years
7 years
1 year

Correct answer: 5 years

Arkansas Code § 16-56-111 provides a 5-year statute of limitations for actions on written contracts.

Question 129: Under the Arkansas UCC, a merchant's firm offer is irrevocable for up to how long without separate consideration?

30 days
6 months
60 days
3 months (Correct answer)

Correct answer: 3 months

Under UCC § 2-205, a merchant's written firm offer is irrevocable for the stated period, not to exceed three months.

Question 130: Under Arkansas Code § 5-2-605, self-defense justifies deadly force only when:

The defendant was the initial aggressor
The property at risk exceeded $1,000 in value
The defendant reasonably believed deadly force was necessary to prevent death or serious physical injury (Correct answer)
The defendant attempted to flee first

Correct answer: The defendant reasonably believed deadly force was necessary to prevent death or serious physical injury

Deadly force in self-defense is justified under Arkansas law when the defendant reasonably believes it is necessary to prevent death or serious physical injury.

Question 131: Which element is required to establish the tort of battery?

Harmful or offensive contact with the plaintiff's person (Correct answer)
Unreasonable interference with the plaintiff's use of property
Publication of false statements of fact to a third party
Words threatening imminent harmful contact

Correct answer: Harmful or offensive contact with the plaintiff's person

Battery requires an intentional act resulting in harmful or offensive contact with the plaintiff's person without consent.

Question 132: Under Arkansas law, what mental state is required for criminal negligence?

Recklessly disregarding a known risk
Purposely disregarding a risk
Knowingly creating a risk
Failing to perceive a substantial and unjustifiable risk when a reasonable person would have perceived it (Correct answer)

Correct answer: Failing to perceive a substantial and unjustifiable risk when a reasonable person would have perceived it

Criminal negligence involves failing to perceive a substantial and unjustifiable risk that a reasonable person in the same circumstances would have perceived.

Question 133: Which of the following best describes the educational requirements to sit for the Arkansas Bar Exam?

A law degree from a state-accredited law school, regardless of ABA accreditation.
A law degree and at least two years of legal experience.
A law degree from any recognized institution, whether in the U.S. or abroad.
A Juris Doctor (JD) from an ABA-accredited law school. (Correct answer)

Correct answer: A Juris Doctor (JD) from an ABA-accredited law school.

The educational requirements for sitting for the Arkansas Bar Exam are specific and stringent. Applicants must hold a Juris Doctor (JD) degree, and it is mandatory that this degree comes from a law school that has been accredited by the American Bar Association (ABA). This ensures a standardized level of legal education.

Question 134: How many questions are on the Multistate Bar Examination (MBE) portion of the Arkansas Bar Exam?

150
250
100
200 (Correct answer)

Correct answer: 200

The Multistate Bar Examination (MBE) is a significant component of the Arkansas Bar Exam, which is part of the UBE. The MBE consists of 200 multiple-choice questions, divided into two three-hour sessions. These questions cover various fundamental legal subjects.

Question 135: An Arkansas attorney wants to enter a business transaction with a client. Which condition must be met?

Only oral consent is required
The terms must be fair, disclosed in writing, the client must be advised to seek independent counsel, and the client must give informed written consent (Correct answer)
The attorney may proceed if the transaction is under $10,000
No special conditions; business dealings with clients are unrestricted

Correct answer: The terms must be fair, disclosed in writing, the client must be advised to seek independent counsel, and the client must give informed written consent

Rule 1.8 requires fair terms, written disclosure, advice to seek independent counsel, and informed written consent for attorney-client business transactions.

Question 136: An Arkansas attorney is approached by a prospective client but declines to represent them. Is the information from that initial consultation confidential?

Only if the attorney was paid a consultation fee
Only if the client signs a confidentiality agreement
Yes, prospective client communications are protected under Rule 1.18 (Correct answer)
No, because no attorney-client relationship was formed

Correct answer: Yes, prospective client communications are protected under Rule 1.18

Rule 1.18 extends confidentiality protections to information shared by prospective clients even when no representation results.

Question 137: Under Arkansas Code § 5-54-125, tampering with physical evidence occurs when a person:

Provides an alibi for a defendant
Alters, destroys, or conceals physical evidence with the purpose of impairing its availability in an official proceeding (Correct answer)
Fails to report a crime
Refuses to testify

Correct answer: Alters, destroys, or conceals physical evidence with the purpose of impairing its availability in an official proceeding

Tampering with physical evidence is purposefully altering, destroying, or concealing evidence to impair its availability in an official proceeding.

Question 138: Under the Fourth Amendment, the exclusionary rule provides that evidence obtained through an illegal search:

Is admissible if the prosecution shows good faith
May be used only for impeachment purposes freely
Is generally inadmissible against the defendant whose rights were violated (Correct answer)
Must be admitted if it is reliable

Correct answer: Is generally inadmissible against the defendant whose rights were violated

The exclusionary rule bars admission of evidence obtained in violation of the Fourth Amendment, serving as a deterrent against unconstitutional police conduct.

Question 139: Under Arkansas Rule of Evidence 615, sequestration of witnesses means:

Witnesses must be paid a sequestration fee
The court may order witnesses excluded from the courtroom while other witnesses testify (Correct answer)
Witnesses must be sworn in pairs
Only expert witnesses may be excluded

Correct answer: The court may order witnesses excluded from the courtroom while other witnesses testify

Rule 615 allows the court to exclude witnesses from the courtroom so they cannot hear other witnesses' testimony and shape their own.

Question 140: Which of the following components contributes the most to the final UBE score in Arkansas?

Multistate Essay Examination (MEE)
Character and Fitness Review
Multistate Performance Test (MPT)
Multistate Bar Examination (MBE) (Correct answer)

Correct answer: Multistate Bar Examination (MBE)

The Multistate Bar Examination (MBE) contributes the most to the final UBE score in Arkansas. It is weighted at 50% of the total score, while the Multistate Essay Examination (MEE) accounts for 30% and the Multistate Performance Test (MPT) for 20%. This significant weighting makes the MBE a critical component for passing.

Question 141: Res ipsa loquitur permits an inference of negligence when:

The injury is of a type that ordinarily would not occur without negligence and was in the defendant's control (Correct answer)
The defendant admits to being careless in their operations
Expert testimony establishing the standard of care is unavailable
Multiple defendants all had the opportunity to cause harm

Correct answer: The injury is of a type that ordinarily would not occur without negligence and was in the defendant's control

Res ipsa loquitur allows an inference of negligence when the accident is of a type that ordinarily would not occur without negligence and the instrumentality was in the defendant's exclusive control.

Question 142: Which type of contractual mistake may void a contract in Arkansas when both parties share the same erroneous belief about a material fact?

Mistake of law
Scrivener's error only
Mutual mistake (Correct answer)
Unilateral mistake

Correct answer: Mutual mistake

A mutual mistake about a material fact that goes to the essence of the agreement may allow rescission of the contract.

Question 143: Under the Arkansas Criminal Code, what mental state is required for first-degree murder?

Negligently
Only during the commission of a felony
Recklessly
Purposely or knowingly causing the death of another person (Correct answer)

Correct answer: Purposely or knowingly causing the death of another person

Arkansas Code § 5-10-102 defines first-degree murder as purposely or knowingly causing the death of another person under circumstances manifesting extreme indifference.

Question 144: Which of the following methods of confinement can establish false imprisonment?

Moral pressure alone without any physical element
Threats of harm to occur in the future only
Refusing to provide assistance to someone in danger
Physical barriers preventing escape (Correct answer)

Correct answer: Physical barriers preventing escape

False imprisonment can be accomplished through physical barriers, physical force, threats of immediate harm, or invalid assertion of legal authority, but not through moral pressure or a refusal to assist.

Question 145: Under the Second Amendment as interpreted by the U.S. Supreme Court, the core protected right is:

The individual right to keep and bear arms for traditionally lawful purposes such as self-defense in the home (Correct answer)
The right of states to maintain militias
The right to carry any weapon in any public place
A collective right held only by law enforcement

Correct answer: The individual right to keep and bear arms for traditionally lawful purposes such as self-defense in the home

In District of Columbia v. Heller, the Supreme Court held the Second Amendment protects an individual right to possess firearms for traditionally lawful purposes, including self-defense at home.

Question 146: Under Arkansas law, service of process on a corporation may be accomplished by:

Delivering the summons to the corporation's registered agent (Correct answer)
Mailing to any employee
Publishing notice in a newspaper of general circulation
Posting notice on the courthouse door only

Correct answer: Delivering the summons to the corporation's registered agent

Service on a corporation is properly made by delivering the summons and complaint to the corporation's registered agent for service of process.

Question 147: Under Arkansas Rule of Evidence 609, a prior felony conviction may be used to impeach a witness if:

The crime was committed in another state
The probative value of admitting the evidence outweighs its prejudicial effect to the defendant (Correct answer)
The crime was any misdemeanor
The conviction is over 15 years old

Correct answer: The probative value of admitting the evidence outweighs its prejudicial effect to the defendant

Prior felony convictions are admissible for impeachment subject to the Rule 403 balancing test, with special protection for criminal defendants.

Question 148: An Arkansas attorney is subpoenaed to testify about a client's confidential communications. What protection typically applies?

No protection; testimony is required
The attorney-client privilege (Correct answer)
The work-product doctrine only
The Freedom of Information Act

Correct answer: The attorney-client privilege

The attorney-client privilege generally protects confidential communications between attorney and client from compelled disclosure.

Question 149: Under Arkansas Rule of Evidence 606(b), juror testimony about deliberations is generally:

Required to be submitted in writing
Inadmissible except to prove extraneous prejudicial information was improperly brought to the jury (Correct answer)
Admissible to impeach any verdict
Only admissible in criminal cases

Correct answer: Inadmissible except to prove extraneous prejudicial information was improperly brought to the jury

Rule 606(b) bars juror testimony about deliberations to impeach a verdict, with a narrow exception for extraneous prejudicial information or outside influence.

Arkansas Bar Examination (UBE — MBE Component)

The Arkansas Bar Exam is a Uniform Bar Examination (UBE) consisting of the MBE (200 multiple-choice questions across 7 legal subjects), MEE (6 essays), and MPT (2 performance tasks). A scaled score of 270 out of 400 is required to pass.

200

Questions

360 min

Time Limit

68%

To Pass

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Exam Rules

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