...e? This question tests beneficiary consent, release, and ratification defenses. Uniform Trust Code section 1009
Citations: Uniform Trust Code section 1009
...owner is charged with aggravated battery. Analyze Serena's entrapment defense and the pawnshop owner's defense-of-property argument. This essay tests entrapment, predisposition, inducement, and the limits on defense of p...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.13, Model Penal Code 3.06
A store owner saw a thief run out of the store carrying a boxed television. The thief was twenty feet away, running toward an empty alley, and had not threatened anyone. The owner shouted, "Stop or I will shoot." When th...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.06
...lary, larceny, and property damage. Analyze Lane's potential insanity defense under the M'Naghten, irresistible-impulse, and Model Penal Code substantial-capacity approaches. Also explain how insanity differs from compet...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
...and was seriously injured. Which statement best describes the owner's defense-of-property privilege? This question tests the no-deadly-force limit for defense of property. NCBE MBE Subject Matter Outline, Torts, Restatem...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...slurring his words and could not read the bid sheet. Analyze capacity defenses for the book sale, the watch purchase, and the painting purchase, including any restitution issues. This essay tests mental incapacity, adjud...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 15, Restatement (Second) of Contracts 16, NCBE NextGen UBE Content Scope, Contracts
...iscuss. This essay tests wrong-venue transfer and waiver of the venue defense. 28 U.S.C. 1406, Fed. R. Civ. P. 12(b)(3), Fed. R. Civ. P. 12(h)
Citations: 28 U.S.C. 1406, Fed. R. Civ. P. 12(b)(3), Fed. R. Civ. P. 12(h)
...ruggle. Rae sues Nolan for battery and property damage. Nolan asserts defense of property and recapture of chattels. Analyze both defenses and any limits on Nolan's conduct. This essay tests defense of property, mechanic...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ers' strict-liability claims against Ridge. Address Ridge's strongest defenses. This essay tests abnormally dangerous activity strict liability for blasting and scope of risk. NCBE MBE Subject Matter Outline, Torts, Rest...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...allowed him to enter the gallery to retrieve his work. Analyze Ian's defenses to each charge. This essay tests intoxication, mistake of fact, mistake of law, and the distinction between specific-intent and genera...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04, Model Penal Code 2.08
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 away...
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
...and ordered one spouse to pay monthly maintenance until further order of the court. Two years later, the payor spouse involuntarily loses a job and obtains new employment at substantially lower pay. Which statement is mo...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act sections 316, 319
...estator handwrote, "At my death, I leave my house to Ana and the rest of my property to Ben." Testator signed and dated the paper. No witness signed. The state recognizes holographic wills if the signature and material p...
Citations: Uniform Probate Code section 2-502
O conveys land "to A for life, then to B's children." At the time of the conveyance, B has one child, C. B is alive. What interest does C have? The correct answer classifies an open class gift with an existing class memb...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
Owner needed $100,000 to prevent a tax sale of Greenacre, which was worth $350,000. Investor gave Owner $100,000. At Investor's request, Owner signed and delivered a warranty deed conveying Greenacre to Investor. At the...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...warranty deed. The deed described Blueacre as 100 acres. At the time of conveyance, Seller owned only 90 of the 100 acres because a 10-acre strip had been conveyed years earlier to Neighbor. Blueacre was also subject to...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...stains and the supplier said primer was normally needed for that type of job. The owner refused to pay for the primer, arguing that she never expressly authorized that purchase. Which statement is most accurate? The owne...
Citations: Restatement (Third) of Agency section 2.02
Landlord leased an office suite to Tenant for "the period beginning January 1, 2024, and ending December 31, 2025, at a rent of $4,000 per month, payable on the first day of each month." The lease did not require notice...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...conveyed Blackacre "to A for life, then to B's children." At the time of the conveyance, B had one child, C. B later had another child, D. A moved onto Blackacre. Blackacre included an old farmhouse, a mature walnut grov...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
O conveyed Lake Cabin "to A for the life of B, then to C and C's heirs." A later signed a warranty deed purporting to convey Lake Cabin "to Buyer and Buyer's heirs forever." Buyer paid fair market value for a fee simple...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...life, then to B, but if B does not survive A, then to C." At the time of the conveyance, A, B, and C were alive. B immediately sold "all of B's interest in River House" to Investor. The deed to Investor was valid. Severa...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
O conveyed Warehouse "to X and Y as joint tenants with right of survivorship." The deed was valid and recorded. Without telling Y, X borrowed money from Bank and gave Bank a mortgage on "X's interest in Warehouse." X mad...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...nd B's heirs." B dies before A, leaving a valid will that devises all of B's property to Devisee. A later dies. Who is entitled to possession after A's death? The correct answer applies the alienability and devisability...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...ed a transfer-on-death deed naming his daughter, Lina, as beneficiary of his home. The deed complied with the state's TOD deed statute and stated that Omar retained full ownership during life. Two years later, Omar's wil...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Real Property Transfer on Death Act principles, Uniform Probate Code nonprobate-transfer principles
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