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Results for “Criminal Procedure Complete MBE Foundation List”

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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,...

...rial, but the judge excluded her testimony because Malik's lawyer had listed her as a witness one day late. The judge did not consider a continuance or other lesser sanction. During voir dire, Juror 8 said he did not kno...

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

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Question Civil Procedure | Subject Matter Jurisdiction | ESSAY Hard

Amara sued Delta Drones, Inc. and LiftPoint LLC in federal district court, invoking diversity jurisdiction. Amara has...

...ages, and pain and suffering. Delta Drones argues that diversity is incomplete because LiftPoint LLC has a State A member through Ridge Capital LP. Amara argues that LiftPoint should be treated like a corporation with ci...

Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY Hard

Lena was arrested and charged with felony embezzlement carrying a maximum sentence of three years. Her trial began 26...

Lena was arrested and charged with felony embezzlement carrying a maximum sentence of three years. Her trial began 26 months later. The first four months were caused by Lena's request to replace counsel. The next 14 mont...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo, Waller v. Georgia, Duncan v. Louisiana, Blanton v. City of North Las Vegas

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

A defendant charged with assault wants to call an eyewitness who would testify that someone else threw the punch. The...

...excluding material defense witnesses. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi

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Question Torts | Causation and Damages | MULTIPLE_CHOICE Medium

A cyclist was injured when a driver negligently opened a car door into a bike lane. Doctors recommended a routine out...

...a car door into a bike lane. Doctors recommended a routine outpatient procedure that was low risk, commonly performed, and likely to restore most use of the cyclist's shoulder. The cyclist refused the procedure for no st...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

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Question Criminal Law and Procedure | Confessions and Miranda | ESSAY Hard

Police arrested Tara for a bank robbery and brought her to an interview room. A detective intentionally did not give...

...itted that she hid the cash in a storage locker and gave the locker number. Police immediately found the cash there. After a 15-minute break in the same room, the same detective read Miranda warnings for the first time...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Oregon v. Elstad, Missouri v. Seibert, United States v. Patane, Harris v. New York, Mincey v. Arizona

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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

A shooting victim briefly saw the shooter's face under a streetlight before being wounded. At the hospital, doctors t...

...duce both pretrial identifications and an in-court identification. Ballistics evidence also links Sam's gun to the shooting. Sam moves to suppress the identification evidence. Analyze the hospital showup, the later lineu...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Stovall v. Denno, Neil v. Biggers, Manson v. Brathwaite, United States v. Wade

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Question Criminal Law and Procedure | Search and Seizure | ESSAY Hard

Officer Chen stopped Dana for speeding. During the stop, Chen smelled burnt marijuana coming from the car and saw a s...

...s, plain view, and cell-phone limits. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant, Cali...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Arizona v. Gant, California v. Acevedo, United States v. Ross, Riley v. California, South Dakota v. Opperman

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

Police required a suspect in a voice lineup to repeat the phrase used by a robber during the crime so a witness could...

...t rule for compelled voice exemplars. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Dionisio, United States v. Wade

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Dionisio, United States v. Wade

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Question Criminal Law and Procedure | Confessions and Miranda | ESSAY Hard

Police responded to a shooting in a crowded subway station. Witnesses pointed to Omar, who was running toward an exit...

...ter helped prosecutors prove motive. Two hours later, detectives gave complete Miranda warnings, Omar signed a waiver form, and he repeated that he shot the victim over a debt. Omar moves to suppress each statement and t...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, New York v. Quarles, Pennsylvania v. Muniz, Rhode Island v. Innis

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Question Criminal Law and Procedure | Constitutional Procedure | ESSAY Medium

The record contains mixed facts that support one part of the requested ruling but also suggest a limitation or defens...

...the strongest arguments for each side, state the controlling rule for criminal law and procedure: Constitutional Procedure, apply it to the material facts, and explain the likely remedy or consequence. This essay tests c...

Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine

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Question Criminal Law and Procedure | Theft and Property Crimes | ESSAY Hard

A collector owned a rare watch. A jeweler falsely told the collector, "I need to inspect the watch for one hour to co...

...k, false pretenses, and embezzlement. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.3, Model Penal Code 223.8

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.3, Model Penal Code 223.8

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Question Criminal Law and Procedure | Inchoate Offenses | ESSAY Hard

A defendant asked a courier to deliver illegal drugs to a buyer, saying, "Take this package across town and sell it f...

...spiracy survival, and Wharton's Rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01, Model Penal Code 5.02, Model Penal Code 5.03, Model Penal Code 5.05

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01, Model Penal Code 5.02, Model Penal Code 5.03, Model Penal Code 5.05

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Question Criminal Law and Procedure | Defenses | ESSAY Hard

Omar occasionally delivered packages for a neighborhood gang, but he had never before seen weapons or drugs. One nigh...

...stances, burglary of the storage shed, theft of the bolt cutters, and criminal mischief for damaging the gate and electrical box. Analyze Omar's possible defenses of duress and necessity, including any limits on those de...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.09, Model Penal Code 3.02

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Question Criminal Law and Procedure | Substantive Crimes | ESSAY Medium

The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. A part...

...the strongest arguments for each side, state the controlling rule for criminal offense elements and punishment, apply it to the material facts, and explain the likely remedy or consequence. This essay tests criminal offe...

Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine

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