A buyer falsely told a boat owner, "My cashier's check has already cleared, and my bank confirmed the funds," knowing the check was fake. Relying on that statement, the owner signed over the boat title and handed the buy...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3, Model Penal Code 223.4
A collector owned a rare watch. A jeweler falsely told the collector, "I need to inspect the watch for one hour to confirm whether it is real," while intending to sell it. The collector handed over the watch but said, "B...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.3, Model Penal Code 223.8
A person falsely told a neighbor he needed to borrow the neighbor's camera for one hour to photograph storm damage. The neighbor handed over the camera but expected it back the same day. The person immediately sold it. W...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3
A private citizen sues a newspaper for a false article about a matter of public concern and seeks actual damages for lost business. What fault showing is constitutionally required at minimum? This question tests fault an...
Citations: NCBE MBE Subject Matter Outline, Torts, Gertz v. Robert Welch, Inc.
At a staff meeting, a manager falsely said to 20 employees, "Nina stole money from the company safe last week." Nina sues for defamation. Which statement best describes the nature of the statement? This question tests sl...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A city mayor sues a newspaper for falsely stating that the mayor took bribes in awarding a public contract. What fault standard must the mayor prove to recover for defamation? This question tests the actual-malice standa...
Citations: NCBE MBE Subject Matter Outline, Torts, New York Times Co. v. Sullivan
...defendant told a business owner, "Pay me $10,000 by Friday or I will falsely accuse you online of stealing from customers." The owner paid because of the threat. Which statement best describes extortion? The best answer...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.4
A manager falsely told one coworker that an employee had stolen company cash. The statement was oral and was not written or posted online. Has publication occurred for defamation purposes? This question tests publication...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
During a civil trial, a witness falsely testified that a party had forged a contract. The testimony was relevant to the claims in the case. The party later sues the witness for defamation. Which statement best describes...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
In a federal defamation action, Plaintiff alleges that Defendant falsely wrote that Plaintiff was dishonest in business. Truth is a complete defense under the governing substantive law. Defendant seeks to prove that Plai...
Citations: Fed. R. Evid. 405(b)
...ud trial, the prosecution offers an unsigned note saying, "Delete the false invoices tonight." The note matters only if the defendant wrote it. The prosecution offers handwriting testimony and evidence that the note was...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 104(b), Huddleston v. United States
...founder in federal court for securities fraud, alleging that StartCo falsely claimed its battery had passed safety testing. StartCo denies that anyone at the company knew the testing claim was false. Investor offers fou...
Citations: Fed. R. Evid. 801(d)(2), Fed. R. Evid. 104(a), Fed. R. Evid. 403
...Quinn married after dating for six months. Before the ceremony, Quinn falsely told Pat that Quinn had no student loans and owned a profitable business. Quinn also said that Quinn wanted children, although Quinn privately...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 208
...rs sued Summit Solar Corp. in federal court alleging that Summit made false statements in a public securities filing. Summit fully litigated the case and lost after a bench trial. The court found that Summit knowingly ma...
Citations: Parklane Hosiery Co. v. Shore
...tact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...tact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...d explains why the doctrine does or does not apply. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...tact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...d explains why the doctrine does or does not apply. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...d explains why the doctrine does or does not apply. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...tact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...tact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...tact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...tact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
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