A senior mortgagee forecloses but mistakenly fails to join a properly recorded junior mortgagee. What is the general effect on the omitted junior mortgagee? The correct answer states the consequence of omitting a junior...
Citations: NCBE MEE Subject Matter Outline
...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 minut...
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
A city employee, acting against city policy, mistakenly towed and crushed a parked car after reading the wrong address from a demolition order. The city had no advance notice that this particular mistake would occur. Sta...
Citations: U.S. Const. amend. XIV, Parratt v. Taylor, Hudson v. Palmer, Daniels v. Williams
A defendant honestly but mistakenly believed that a neighbor's lawn mower was the same mower the neighbor had borrowed and refused to return. The defendant quietly took the mower from the neighbor's open garage intending...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...cross a strip of grass while measuring for a fence. He reasonably but mistakenly believed the strip was part of his lot. A later survey showed the strip belonged to his neighbor. The neighbor suffered no measurable damag...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A supervisor honestly but mistakenly told two human-resources employees that a worker might have falsified time records. The supervisor then repeated the accusation over the lunchroom loudspeaker to all employees while l...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A trust instrument states, "Trustee is not liable for mistakes in judgment made in good faith." Trustee later intentionally hides a conflict of interest and transfers trust assets to a business Trustee owns. Beneficiarie...
Citations: Uniform Trust Code section 1008
...charged under the statute. Which statement best describes the hiker's mistake-of-law argument? The best answer applies the ordinary rule that mistake of law is not a defense based on private misunderstanding. NCBE NextGe...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
...diately moved to set aside the default, explaining that its president mistakenly thought settlement talks paused the answer deadline, that it has bank records showing some payments were not credited, and that it acted as...
Citations: Fed. R. Civ. P. 55, Fed. R. Civ. P. 60(b)
...actor's potential defenses based on misrepresentation, nondisclosure, mistake, and risk allocation. This essay tests misrepresentation, nondisclosure, mutual mistake, unilatera...
Citations: Restatement (Second) of Contracts 159, Restatement (Second) of Contracts 161, Restatement (Second) of Contracts 164, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 153, Restatement (Second) of Contracts 154
...ent on zoning risk. Which statement best describes the buyer's mutual-mistake defense? The best answer states the mutual-mistake rule and the risk-allocation limit. Restatement (Second) of Contracts 151, Restatement (Sec...
Citations: Restatement (Second) of Contracts 151, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 154, NCBE NextGen UBE Content Scope, Contracts
...Which statement is most accurate? The best answer applies unilateral mistake where the nonmistaken party had reason to know of a clerical error. Restatement (Second) of Contracts 153, NCBE NextGen UBE Content Scope, Con...
Citations: Restatement (Second) of Contracts 153, NCBE NextGen UBE Content Scope, Contracts
...emotional distress caused by facts the defendant honestly but partly mistakenly believed were true. Which statement best describes the possible mitigation? The best answer states the Model Penal Code-style extreme emoti...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.3
...ryone knew which bus accident was at issue and that she made a naming mistake. How should the court analyze the motion to amend? Discuss amendment as a matter of course, Rule 16 good cause, Rule 15 leave, relation back f...
Citations: Fed. R. Civ. P. 15, Fed. R. Civ. P. 16(b)(4), Fed. R. Civ. P. 4(m), Krupski v. Costa Crociere S.p.A.
...key party-change relation-back issues are notice of the action and a mistake about the proper party within the Rule 4(m) period. Fed. R. Civ. P. 15(c), Fed. R. Civ. P. 4(m), Krupski v. Costa Crociere S.p.A.
Citations: Fed. R. Civ. P. 15(c), Fed. R. Civ. P. 4(m), Krupski v. Costa Crociere S.p.A.
...ng for her hospitalized father, emailed the insurer the same day, and mistakenly believed the insurer would retain counsel. The owner did not check the docket for 38 days. After learning of the default, she contacted cou...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...t is most accurate? The best answer recognizes that an honest factual mistake about ownership can negate larceny's specific intent. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
...review usually requires both preservation and prejudice; a preserved mistake that did not affect substantial rights does not justify reversal. Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
Citations: Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
...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
...d another patron from two feet away. The second patron reasonably but mistakenly believed he was about to be punched and pushed the first patron away, causing a bruise. Which statement best describes the second patron's...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...This essay tests trespass to land, trespass to chattels, conversion, mistake, and damages. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...foreclosed and named Owner and Second Bank as defendants, but through mistake did not name Contractor. The warehouse sold for $700,000 at the foreclosure sale. Second Bank claims a right to surplus sale proceeds. Contrac...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...ones, and other evidence of crime." Officers searched Apartment 4A by mistake, then Apartment 4B, seizing laptops and tax records. The suspect in Apartment 4B moves to suppress. The tenant of Apartment 4A also moves to s...
Citations: U.S. Const. amend. IV, Illinois v. Gates, Franks v. Delaware, United States v. Leon, Groh v. Ramirez
...January 10, Owner conveyed Lot 2 to Carla. Carla paid full value but mistakenly recorded her deed in the neighboring county. On March 10, Owner conveyed Lot 2 to Dan. Dan paid full value, searched the County land record...
Citations: NCBE MEE Subject Matter Outline, Recording-act doctrine
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