...charity auction, a patron consumed several drinks, slurred his words, and repeatedly asked the auctioneer what item was being sold. The auctioneer saw the patron's condition but accepted his signed bid for a sculpture. T...
Citations: Restatement (Second) of Contracts 16, NCBE NextGen UBE Content Scope, Contracts
...defendant angrily confronted a rival outside a club, raised a knife, and said, "I am ending this tonight." The rival picked up a metal pipe and moved toward the defendant. The defendant did not retreat or say he wanted...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.1, Model Penal Code 210.3
A delivery driver became angry at a customer and shoved him. The customer shoved back, and the two exchanged punches. The customer then pulled a knife. The driver backed away, held up his hands, and said, "I am done figh...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04
A design firm offered to provide branding services to a retailer for $40,000. The retailer replied, "Accepted, but payment will be due 90 days after completion rather than 30 days." The design firm did not perform. The r...
Citations: Restatement (Second) of Contracts 59, UCC 2-207, NCBE NextGen UBE Content Scope, Contracts
A nurse had been caring for a parent with severe dementia and had not slept for two days. After the parent struck the nurse with a cane and screamed that the nurse had never been loved, the nurse gave the parent a large...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4
A restaurant reviewer wrote, "The soup tasted like dishwater, and eating there was a crime against lunch." The review disclosed the meal the reviewer ate and did not imply undisclosed facts about health violations or cri...
Citations: NCBE MBE Subject Matter Outline, Torts, Milkovich v. Lorain Journal Co.
...rescue course for men, explaining that "most women lack the strength and temperament for rescues under pressure." A female firefighter who passed the academy's physical test challenges the policy under equal protection...
Citations: U.S. Const. amend. XIV, Craig v. Boren, United States v. Virginia
...an struck her bicycle in a downtown intersection. Plaintiff calls Bystander, who watched the van approach from a sidewalk cafe. Bystander will testify that the van was "going about 45 miles per hour," that it "looked lik...
Citations: Fed. R. Evid. 701, Fed. R. Evid. 702, Fed. R. Evid. 403
...urages public disorder." Analyze the First Amendment issues involving incitement, threats, defamation, and the injunction. This essay tests incitement, true threats, prior restraints, and public-official defamation. U.S...
Citations: U.S. Const. amend. I, Brandenburg v. Ohio, Counterman v. Colorado, New York Times Co. v. Sullivan, Near v. Minnesota, Nebraska Press Association v. Stuart
...ch statement is most accurate? The best answer states the Brandenburg incitement standard. U.S. Const. amend. I, Brandenburg v. Ohio
Citations: U.S. Const. amend. I, Brandenburg v. Ohio
...aregiver that the collector had recently been diagnosed with dementia and often confused dollars with cents. During the visit, the collector repeatedly asked what year it was and said he needed "bus fare," but signed a b...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 15, Restatement (Second) of Contracts 16, NCBE NextGen UBE Content Scope, Contracts
...s from artists, follow the owner's instructions about delivery times, and report any damage before accepting a painting. The friend agreed as a favor and received no pay. They did not sign any agreement, and neither used...
Citations: Restatement (Third) of Agency section 1.01
...hould the court rule? The correct answer applies Rule 801's statement and truth-purpose requirements to a command. Fed. R. Evid. 801(a), Fed. R. Evid. 801(c)
Citations: Fed. R. Evid. 801(a), Fed. R. Evid. 801(c)
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