A plaintiff moved for summary judgment on one contract claim. While reviewing the papers, the judge concluded that the defendant might be entitled to judgment on a different claim that no party briefed. The judge wants t...
Citations: Fed. R. Civ. P. 56(f)
At a hotel, a guest, Talia, complained at the front desk that her room had been entered while she was gone. The manager led Talia into a small office "to look at security footage." Once inside, the manager stood between...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...roduction, discovered the error two days later, and promptly notified Plaintiff to sequester and return the email. Plaintiff argues that privilege has been waived. Which statement is most accurate under Rule 502? The cor...
Citations: Fed. R. Evid. 502(b)
...r sued a general contractor and an architect in federal court. The complaint asserted breach of contract against the contractor, negligence against the architect, and indemnity against both defendants. The district court...
Citations: 28 U.S.C. 1291, Fed. R. Civ. P. 54(b), Fed. R. App. P. 3, Fed. R. App. P. 4(a)(1), Fed. R. App. P. 4(a)(4)
A plaintiff won a federal jury verdict in a products-liability case. Before trial, the district court denied the defendant's Rule 12(b)(6) motion on a purely legal preemption issue. At trial, the defendant objected to on...
Citations: Fed. R. Civ. P. 46, Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
...d Nora's phone as she typed a message to her therapist. After Nora complained about the route, the company posted a clip on its public social-media account showing Nora's face, her home address on the navigation screen...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...May 15, after reviewing documents produced late by the defendant, the plaintiff moved to add a related fraud count. The plaintiff acted within two weeks of receiving the documents. Which statement is most accurate? The c...
Citations: Fed. R. Civ. P. 16(b)(4), Fed. R. Civ. P. 15(a)
...ts and the memorandum were prepared. In a later federal civil action, Plaintiff seeks the signed witness statements and counsel's memorandum. Two workers who gave statements have since moved overseas and refuse informal...
Citations: Fed. R. Civ. P. 26(b)(3), Fed. R. Evid. 502
...ss every fact in detail. Which approach is best? The correct answer explains how to select File facts efficiently. NCBE MPT preparation materials
Citations: NCBE MPT preparation materials
...eing conducted so counsel could give legal advice to the company. The plaintiff seeks both the interview memoranda and the facts known by the employees about the accounting entries. Which statement is most accurate? The...
Citations: Fed. R. Civ. P. 26(b)(1), Fed. R. Civ. P. 26(b)(5), Upjohn Co. v. United States
In a products-liability trial, Plaintiff calls Inspector, who examined a conveyor belt three days after Worker was injured. Inspector testifies that she remembers the inspection but cannot recall the exact measurements...
Citations: Fed. R. Evid. 612, Fed. R. Evid. 611, Fed. R. Evid. 803(5)
...cer entered the room, Nina knocked on the door and said, "I want to explain the robbery." After fresh warnings, she confessed to carrying the gun. Nina moves to suppress all three sets of statements. Analyze waiver, invo...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, Edwards v. Arizona, Davis v. United States, Michigan v. Mosley, Berghuis v. Thompkins
...y conclusion, how to identify assumptions and missing facts, how to explain the competing cases, and what safeguards GreenSteps should take if it proceeds. This essay tests how an opinion letter sh...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...er sending account holders a notice with a 45-day opt-out period. The plaintiff opened the notice, did not opt out, used the account for six months, and later sued over overdraft fees. The plaintiff argues that the claus...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...sk memo asks for a letter to opposing counsel demanding payment and explaining why the client's claim is strong. The File includes a contract, invoices, emails admitting late delivery, and a settlement call note. The Lib...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...recurring hazard; one deposition answer hurts the client because the plaintiff admits she did not see water before falling. The examinee makes this outline: "Facts, Case 1, Case 2, Plaintiff, Defendant, Conclusion." The...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...File documents in chronological order before deciding on headings. Explain what the examinee should do instead. Address time allocation, first steps, how to build the outline, how to select File and Library material, an...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...ail, a photograph of a leaking freezer, and a customer statement. The plaintiff admits she did not see the water before falling, but the logs show no inspection for 90 minutes and the manager's email says the freezer had...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...repair company. The File shows that the company owner received the complaint while caring for her hospitalized father, emailed the insurer the same day, and mistakenly believed the insurer would retain counsel. The owner...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...as a factor in estoppel when the homeowner reasonably relied on it. Explain how the opinion letter should be organized and what it should cover. Address headings, direct answers to Jonah's questions, use of the File and...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...sister while taking pain medication. He sent the transit office a complaint email 82 days after the accident, but the email did not identify witnesses or state a claim for damages. The Library contains one case acceptin...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...mediately solicited customers. Another denies an injunction where the plaintiff sought to protect only public customer identities and offered no evidence of misuse. Explain how the persuasive brief should be written. Add...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...e agency skipped a notice-and-comment step required by statute. Three plaintiffs sued in federal court. First, a hiker who visits the affected trail every summer alleges that the line will cross the overlook where she hi...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Hunt v. Washington State Apple Advertising Commission, Summers v. Earth Island Institute
...court, alleging that the agency misread the governing statute. The complaint alleges that several members walk through the park every week and will stop using a boardwalk if the wetlands are drained. The complaint also a...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Summers v. Earth Island Institute
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