...ts and the child have moved across state lines. Uniform Child Custody Jurisdiction and Enforcement Act sections 20...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act sections 202, 203, 207, NCBE MEE Subject Matter Outline, Family Law
...out whether State A remains the proper forum. Discuss which state has jurisdiction to make an initial custody determination, what temporary orders State B may enter, and what steps the courts should take under the UCCJEA...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act sections 201, 204, 208, NCBE MEE Subject Matter Outline, Family Law
...rce the State G order and may not modify it because State G still has jurisdiction and Parent 1 still lives there. Discuss what State H should do. Address registration, expedited enforcement, contempt or make-up parentin...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act articles 2 and 3, Parental Kidnapping Prevention Act, 28 U.S.C. 1738A, NCBE MEE Subject Matter Outline, Family Law
A divorce statute permits divorce for willful desertion lasting at least one year. Spouses mutually agreed to live apart for two months while attending counseling. One spouse then filed for divorce alleging desertion. Wh...
Citations: NCBE MEE Subject Matter Outline, Family Law, Restatement (Second) of Conflict of Laws section 74
...rriage is irretrievably broken. One spouse files after satisfying all jurisdictional requirements and proves that the parties have not lived together for a year and have no realistic prospect of reconciliation. The other...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 305
State K requires the filing spouse to reside in State K for 180 days before filing for divorce. A spouse moves to State K intending to stay and files for divorce after 45 days. The other spouse is properly served and app...
Citations: Sosna v. Iowa, 419 U.S. 393 (1975), NCBE MEE Subject Matter Outline, Family Law
...eme Court state-court review, adequate independent state grounds, and jurisdiction stripping. U.S. Const. art. III, Marbury v. Madison, Muskrat v. United States, Michigan v. Long, Ex parte McCardle, United States v. Klei
Citations: U.S. Const. art. III, Marbury v. Madison, Muskrat v. United States, Michigan v. Long, Ex parte McCardle, United States v. Klein
In a custody dispute, a 14-year-old gives a thoughtful explanation for preferring to live primarily with one parent. The other parent argues that the child's preference should be ignored entirely. Which statement is most...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 402
A federal case is in court solely on diversity jurisdiction. The plaintiff wants to assert a related state-law claim against a nondiverse party joined under Rule 14. Which supplemental jurisdiction rule is most relevant?...
Citations: 28 U.S.C. 1367(b)
...court dismisses a state-law negligence claim solely because diversity jurisdiction is missing. What is the likely claim-preclusion effect on refiling the negligence claim in a state court with jurisdiction? The correct a...
Citations: Fed. R. Civ. P. 41(b), Semtek International Inc. v. Lockheed Martin Corp.
...state-law negligence claim in federal court based solely on diversity jurisdiction. There is no federal question. What is the basic Erie rule? The correct answer states the core Erie doctrine rule. Erie Railroad Co. v. T...
Citations: Erie Railroad Co. v. Tompkins
...aw tort claim in federal district court in State A based on diversity jurisdiction. No federal statute authorizes nationwide service. How does the federal court usually determine whether it has personal jurisdiction over...
Citations: Fed. R. Civ. P. 4(k)(1)(A)
A couple lives in a state that recognizes common-law marriage. They never held a ceremony or obtained a license. One partner claims they became married without formal solemnization. Which facts are most important to comm...
Citations: NCBE MEE Subject Matter Outline, Family Law
...plaintiff later sues there on the contract. What is the best personal-jurisdiction argument for the plaintiff? The correct answer identifies consent through a forum-selection clause. General personal-jurisdiction consent...
Citations: General personal-jurisdiction consent principles
A zoning ordinance permits single-family homes as of right and permits small day-care centers as conditional uses if the applicant satisfies stated parking, traffic, and noise standards. Applicant satisfies those standar...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...e that state law treats as voidable by the underage spouse. After turning 18, the spouse continues living with the other person as a spouse for two years before seeking annulment based on age. What is the best analysis?...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 208
A jurisdiction follows a Model Penal Code-style manslaughter rule. A defendant intentionally killed a victim while under severe emotional distress caused by facts the defendant honestly but partly mistakenly believed wer...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.3
A, B, and C own Beach House as tenants in common, each with a one-third interest. Beach House is a single-family vacation home on a small oceanfront lot. A lives there for three months each year. B rented the entire hous...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
City rezoned one small parcel in the center of a single-family district to allow a drive-through restaurant. The comprehensive plan designates the area for low-density residential use, and the planning staff found no pub...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
Developer bought a former church in a district zoned for single-family homes. The ordinance permits houses as of right, permits day-care centers as conditional uses if traffic, parking, and noise standards are satisfied...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
Developer recorded a subdivision declaration stating that all lots in Pine Ridge "shall be used for single-family residential purposes only and no commercial business shall be conducted on any lot." Each original deed fr...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
Sam and Lee lived together in State E, which recognizes common-law marriage. They never held a ceremony or obtained a license. After Lee recovered from surgery, the two agreed at home, "From today forward, we are married...
Citations: NCBE MEE Subject Matter Outline, Family Law, Restatement (Second) of Conflict of Laws sections 283, 284
Two State A family members are in a car accident while briefly driving through State B. State B has an interfamily-immunity rule designed to protect State B family relationships and State B insurers. State A has abolishe...
Citations: Modern conflict-of-laws principles
...accurate? The correct answer states the most common federal question jurisdiction trap. 28 U.S.C. 1331, Louisville & Nashville Railroad Co. v. Mottley
Citations: 28 U.S.C. 1331, Louisville & Nashville Railroad Co. v. Mottley
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