A dispute has contacts with State A and State B. The case is filed in State F. State A and State B have different substantive rules that would produce different outcomes. What is the first choice-of-law step for the Stat...
Citations: Conflict-of-laws principles
...es the Restatement Second approach to choose law in a multistate tort case. The contacts point in several directions, and the relevant issue is whether a damages cap applies. How should the court conduct the analysis? Th...
Citations: Restatement (Second) of Conflict of Laws
In a personal-injury case, the forum follows the traditional territorial approach to tort choice of law. Plaintiff was injured in State X, although both parties are domiciled in State Y and most pre-accident planning occ...
Citations: Traditional conflict-of-laws principles
During a custody case, one parent proves that the other parent repeatedly threatened and assaulted the parent during parenting exchanges. The child was present for some incidents but was not physically struck. How should...
Citations: NCBE MEE Subject Matter Outline, Family Law
In a diversity case, a valid Federal Rule of Civil Procedure directly answers how a pleading must be served. A state statute would require a different method of service for the same pleading. Which rule should the federa...
Citations: Hanna v. Plumer, Rules Enabling Act principles
...T plan will be the same for every task: read everything, write a full case brief for each authority, and then start typing a polished answer when I feel ready." The student also says final review time is unnecessary beca...
Citations: NCBE MPT preparation materials, NCBE MPT overview
In a products-liability case, a factory technician who repaired the machine after the accident will testify that a worn bearing caused the machine to seize. Her conclusion is based on vibration analysis and her specializ...
Citations: Fed. R. Evid. 701, Fed. R. Evid. 702
.... State B allows full recovery to compensate injured plaintiffs. In a case involving a State B plaintiff and a State B defendant, the injury occurred during a brief trip through State A. Under governmental interest analy...
Citations: Modern governmental-interest analysis
...s. State B's rule is designed only to protect State B plaintiffs. The case involves a State B defendant and a State A plaintiff, so neither rule's protective policy would be advanced by applying it. Under classic governm...
Citations: Modern governmental-interest analysis
...ormed and breached in State A. What is the best personal-jurisdiction analysis? The correct answer applies transient or tag jurisdiction. Burnham v. Superior Court
Citations: Burnham v. Superior Court
...nd purchased in State F. Nonresident plaintiffs join the same State F case, but their pills were prescribed, purchased, and taken outside State F, and their injuries occurred outside State F. What is the best personal-ju...
Citations: Bristol-Myers Squibb Co. v. Superior Court
...ct answer applies modern specific-jurisdiction relatedness in product cases. Ford Motor Co. v. Montana Eighth Judicial District Court
Citations: Ford Motor Co. v. Montana Eighth Judicial District Court
...poseful contacts with State F. What is the best personal-jurisdiction analysis? The correct answer states the role of fairness factors. International Shoe Co. v. Washington, World-Wide Volkswagen Corp. v. Woodson
Citations: International Shoe Co. v. Washington, World-Wide Volkswagen Corp. v. Woodson
...notice statute, a bylaw provision with an ambiguous fine cap, and two cases on waiver. A student has 35 minutes left to write and plans to organize the answer by File document: notice letter, payment history, board minut...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...purpose, exemption or exception, and confrontation issue in criminal cases. FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
...purpose, exemption or exception, and confrontation issue in criminal cases. FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
...purpose, exemption or exception, and confrontation issue in criminal cases. FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
...ements for protected whistleblower activity, a Franklin Supreme Court case applying the statute to an employee who reported safety violations, and a Franklin Court of Appeal case rejecting a claim by an employee who comp...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...oyee can enforce a noncompetition agreement. The Library contains one case enforcing a two-year restriction for a senior sales executive and one case refusing to enforce a one-year restriction against a lower-level techn...
Citations: NCBE MPT preparation materials, NCBE MPT sample performance task guidance
...ains a statute enforcing volunteer waivers for ordinary negligence, a case refusing to enforce a waiver for gross negligence, and a case emphasizing that legal advice prepared for a client should not be shared casually w...
Citations: NCBE MPT preparation materials, NCBE MPT overview
A defendant wants to remove a removable state-court case to federal court. Where is removal generally filed? The correct answer states the basic removal destination rule. 28 U.S.C. 1441(a)
Citations: 28 U.S.C. 1441(a)
A federal case has two plaintiffs, three defendants, and six claims. The district court dismisses all claims against one defendant but leaves the rest of the case pending. The dismissed defendant wants immediate appellat...
Citations: Fed. R. Civ. P. 54(b), 28 U.S.C. 1291
A federal case is in court solely on diversity jurisdiction. The plaintiff wants to assert a related state-law claim against a nondiverse party joined under Rule 14. Which supplemental jurisdiction rule is most relevant?...
Citations: 28 U.S.C. 1367(b)
A federal court discovers shortly before trial that the case has no federal question, no diversity jurisdiction, and no other statutory basis for federal subject matter jurisdiction. Both parties want to stay in federal...
Citations: Fed. R. Civ. P. 12(h)(3)
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