...each of a written funding agreement. Developer offers screenshots of text messages from a phone number saved in Developer's phone as "Mara-Investor." In the messages, the sender refers to Developer by a childhood nicknam...
Citations: Fed. R. Evid. 901(a), Fed. R. Evid. 901(b)(1), Fed. R. Evid. 901(b)(4)
A factory used a press with an exposed pinch point. Similar factories in the region also used presses without guards. A metal guard costing $300 would have prevented workers' hands from entering the pinch point, and two...
Citations: NCBE MBE Subject Matter Outline, Torts, The T.J. Hooper custom principle
...(Second) of Contracts 45, Restatement (Second) of Contracts 50, NCBE NextGen UBE Content Scope, Contracts
Citations: Restatement (Second) of Contracts 23, Restatement (Second) of Contracts 45, Restatement (Second) of Contracts 50, NCBE NextGen UBE Content Scope, Contracts
...(Second) of Contracts 45, Restatement (Second) of Contracts 50, NCBE NextGen UBE Content Scope, Contracts
Citations: Restatement (Second) of Contracts 45, Restatement (Second) of Contracts 50, NCBE NextGen UBE Content Scope, Contracts
...(Second) of Contracts 50, Restatement (Second) of Contracts 54, NCBE NextGe...
Citations: Restatement (Second) of Contracts 30, Restatement (Second) of Contracts 45, Restatement (Second) of Contracts 50, Restatement (Second) of Contracts 54, NCBE NextGen UBE Content Scope, Contracts
...oval control. U.S. Const. art. II, Myers v. United States, Humphrey's Executor v. United States, Bowsher v. Synar, Seila Law LLC v. Consumer Financial Protection Bureau
Citations: U.S. Const. art. II, Myers v. United States, Humphrey's Executor v. United States, Bowsher v. Synar, Seila Law LLC v. Consumer Financial Protection Bureau
...t is most accurate? The best answer states the limited prior-dealings exception to the usual silence rule. Restatement (Second) of Contracts 69, NCBE NextGen UBE Content Scope, Contracts
Citations: Restatement (Second) of Contracts 69, NCBE NextGen UBE Content Scope, Contracts
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
...per se as a duty-and-breach doctrine, including statutory purpose and excuse. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...pany "should lock down more warehouse space before prices rise." The next morning, without notice to the other directors and without a board meeting, the COO signed a seven-year, $9 million warehouse lease with Landlord...
Citations: NCBE MEE Business Associations outline, Model Business Corporation Act board-action principles
...bans outdoor animal slaughter but allows the health director to grant exemptions for festivals, restaurants, and "community events." The director grants several secular exemptions but denies a small religious group's req...
Citations: U.S. Const. amend. I, Employment Division v. Smith, Church of the Lukumi Babalu Aye v. City of Hialeah, Fulton v. City of Philadelphia
...ayor secretly accepted $20,000 from a bridge contractor last March in exchange for awarding the bridge repair contract." The blogger relied on an anonymous email from a person who refused to provide documents. Before pub...
Citations: NCBE MBE Subject Matter Outline, Torts, New York Times Co. v. Sullivan, Restatement (Second) of Torts
A company stores large quantities of highly explosive chemical gas in above-ground tanks in a dense residential area. Even with careful handling, a small leak can cause a major explosion. The storage is useful to the com...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...generally required? The correct answer applies the approval rule for extraordinary asset dispositions. Model Business Corporation Act principles
Citations: Model Business Corporation Act principles
A New York manufacturer sued a Texas distributor and a Texas guarantor in federal court under diversity jurisdiction, alleging that the distributor failed to pay $900,000 for industrial pumps and that the guarantor promi...
Citations: Fed. R. Civ. P. 13, Fed. R. Civ. P. 18, 28 U.S.C. 1367
After a refinery explosion, RefineryCo's outside litigation counsel hired an investigator to interview night-shift workers. The investigator obtained signed witness statements three days after the explosion. Counsel also...
Citations: Fed. R. Civ. P. 26(b)(3), Fed. R. Evid. 502
...cted an investigator to take witness statements because lawsuits were expected. In later litigation, several witnesses cannot be located, and Plaintiff seeks the statements. Railroad asserts work product. Which statement...
Citations: Fed. R. Civ. P. 26(b)(3)
...efore divorce, Dana signed a will leaving her estate to her spouse, Alex, and named Alex as beneficiary of a state-law payable-on-death bank account, a life insurance policy, and an ERISA-governed employer retirement pla...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Probate Code revocation-on-divorce principles, ERISA beneficiary-designation principles
...a three-member compensation committee and authorized it to "recommend executive compensation packages to the board." Without further board action, the committee approved a new employment agreement giving the CEO a $4 mil...
Citations: NCBE MEE Business Associations outline, Model Business Corporation Act board committee and meeting principles
...was unsure whom to pay. Factor spent $3,000 in reasonable collection expenses. Medical Supplier argues that Factor had no right to contact its customers and that all collections should first be returned to Medical Suppl...
Citations: UCC 9-607, UCC 9-608
...on rules. In the fourth, voters allege that the same districts are an extreme partisan gerrymander under the federal Constitution. In a fifth claim joined to the same litigation, an environmental group challenges an agen...
Citations: U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, Rucho v. Common Cause, Japan Whaling Association v. American Cetacean Society
Jon was charged with extortion after the victim received a late-night phone call demanding money. The caller repeatedly said, "Bring the envelope to Pier 9." The victim heard the caller for about three minutes and later...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, U.S. Const. amend. VI, United States v. Wade, United States v. Dionisio, Neil v. Biggers, Manson v. Brathwaite
...ley Robotics LLC, a Delaware limited liability company with its chief executive office and factory in State A. The security agreement covered all equipment, inventory, accounts, and general intangibles. Lender filed a fi...
Citations: UCC 9-301, UCC 9-307, UCC 9-310, UCC 9-502, UCC 9-504
Owner's will devises Blackacre "to my friend Alex for life, then to my niece Nora, but if Nora is not licensed as a physician when Alex dies, then to my nephew Omar." When Owner dies, Alex, Nora, and Omar are alive. Nora...
Citations: Common-law future-interest classification principles
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