Question
Contracts | Defenses and Capacity | ESSAY
Hard
A 17-year-old student bought a high-end laptop from an electronics store for $2,400 on a six-month payment plan. The student told the clerk that she was 19 and showed a realistic-looking student ID that did not list a...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
Question
Criminal Law and Procedure | Defenses | MULTIPLE_CHOICE
Medium
A hiker found an arrowhead on federal park land. A criminal statute prohibited removing artifacts from the park, but the hiker had read a private travel website stating that visitors could keep small finds. The hiker...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
Question
Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY
Hard
Malik was charged with armed robbery of a delivery driver. His defense was mistaken identity. Malik subpoenaed Jada, who would testify that she saw another man drop a handgun and delivery bag in an alley two blocks aw...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips
Question
Contracts | Conditions and Breach | ESSAY
Hard
A concert promoter rented a rooftop venue for one night to host a viewing party during a city fireworks show. The venue owner knew the promoter's sole purpose was the fireworks viewing. One week before the event, the...
Citations: Restatement (Second) of Contracts 261, Restatement (Second) of Contracts 265, UCC 2-615, NCBE NextGen UBE Content Scope, Contracts
Question
Contracts | Statute of Frauds and Parol Evidence | MULTIPLE_CHOICE
Hard
A consultant orally agreed to work for a company "until the data-migration project is complete." The parties expected the project to take 15 months, but the contract did not require a minimum term and the project coul...
Citations: Restatement (Second) of Contracts 110, NCBE NextGen UBE Content Scope, Contracts
Question
Contracts | Conditions and Breach | ESSAY
Hard
A homeowner hired a contractor to renovate a historic kitchen for $95,000. The written contract stated, "Final payment is due only after the architect issues a certificate that the work complies with the plans." The c...
Citations: Restatement (Second) of Contracts 224, Restatement (Second) of Contracts 225, Restatement (Second) of Contracts 229, Restatement (Second) of Contracts 237, NCBE NextGen UBE Content Scope, Contracts
Question
Contracts | Defenses and Capacity | MULTIPLE_CHOICE
Hard
A homeowner selling a house told a buyer, "The roof has never leaked." The homeowner knew that the roof leaked during heavy rain and had placed buckets in the attic during the most recent storm. Before showings, the h...
Citations: Restatement (Second) of Contracts 159, Restatement (Second) of Contracts 161, Restatement (Second) of Contracts 164, NCBE NextGen UBE Content Scope, Contracts
Question
Criminal Law and Procedure | Defenses | ESSAY
Hard
Ian, a sculptor, displayed several works in a private gallery. The written consignment agreement allowed Ian to remove unsold works during business hours after giving one day's notice. After a reception, Ian drank hea...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04, Model Penal Code 2.08
Question
Evidence | Relevance and Rule 403 | ESSAY
Hard
In a negligence action after a night highway collision, the plaintiff claims that a trucking company driver was speeding and could have stopped in time. The defense expert testifies that, assuming the truck was travel...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401, Fed. R. Evid. 403, Fed. R. Evid. 611(a)
Question
Criminal Law and Procedure | Search and Seizure | ESSAY
Hard
Malik leased an apartment with his roommate Ana. Jae, who lived elsewhere, came to the apartment for two hours to package pills for sale. Riley, Ana's cousin, had slept on the couch for the past three nights while vis...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Minnesota v. Olson, Minnesota v. Carter, Georgia v. Randolph, Murray v. United States, Nix v. Williams
Question
Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY
Hard
Rosa was charged with aggravated assault after a nightclub stabbing. Her appointed lawyer also represented Rosa's friend Eli, who was charged as an accomplice in the same case. Rosa repeatedly told the lawyer that she...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington, Missouri v. Frye, Lafler v. Cooper, Cuyler v. Sullivan
Question
Constitutional Law | First Amendment | MULTIPLE_CHOICE
Medium
...te? The best answer states the governing standard for content-neutral regulation in a traditional public forum. U.S. Const. amend. I, Ward v. Rock Against Racism, Perry Education Association v. Perry Local Educators' Ass...
Citations: U.S. Const. amend. I, Ward v. Rock Against Racism, Perry Education Association v. Perry Local Educators' Association
Question
Civil Procedure | Pleadings and Motions | ESSAY
Medium
A tenant sued her landlord in federal court alleging that the landlord entered her apartment, stole jewelry, and discriminated against her based on national origin. Before filing, the tenant's lawyer interviewed the t...
Citations: Fed. R. Civ. P. 11, Fed. R. Civ. P. 26(g)