...em and to explain why an engineering inspection was scheduled but not completed. Customer also wants the jury to treat the riders' complaints as proof that Model X brakes actually failed. How should the court analyze the...
Citations: Fed. R. Evid. 801(c), Fed. R. Evid. 802, Fed. R. Evid. 105, Fed. R. Evid. 403
...ersy. This essay tests entity citizenship and complete diversity in a realistic multi-party pleading. 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
A defendant pointed a realistic toy gun at a cashier and demanded that the cashier open the register. The cashier, terrified, opened the register, and the defendant took the cash. Which statement best describes robbery?...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1
...l, a seven-year-old eyewitness says she knows the difference between "real" and "pretend," promises to tell what really happened, and says lying to the judge would be wrong. She cannot define the word "perjury" and has n...
Citations: Fed. R. Evid. 603
...lly agreed to work for a company "until the data-migration project is complete." The parties expected the project to take 15 months, but the contract did not require a minimum term and the project could have been complet...
Citations: Restatement (Second) of Contracts 110, NCBE NextGen UBE Content Scope, Contracts
Purchaser calls the number listed on Supplier's invoices. The person answering says, "Supplier parts desk," discusses Purchaser's open order, and changes the shipping date. At trial, Purchaser offers testimony about the...
Citations: Fed. R. Evid. 901(b)(6)
...th a painter to paint a house for $9,000. After starting, the painter realized that paint prices had increased in the ordinary course of business and refused to continue unless the homeowner promised an additional $2,000...
Citations: Restatement (Second) of Contracts 73, NCBE MBE Subject Matter Outline, Contracts
...gument section of a trial-court brief supporting a motion to suppress evidence seized from a backpack. The file includes the officer's report, a transcript of the stop, and a library with one case favoring suppression an...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...rs, the plaintiff must prove gross negligence by clear and convincing evidence. Driver was a volunteer responding to a storm emergency. State R would require only ordinary negligence proved by a preponderance. State R co...
Citations: Conflict-of-laws principles, Erie doctrine principles
Greenway Foods hired Tara, a commercial real estate broker, to locate a warehouse for a new distribution center. Tara found a warehouse listed for $2 million. Before telling Greenway about the listing, Tara formed an LLC...
Citations: Restatement (Third) of Agency sections 8.01, 8.02, 8.05
...recognizes a marital presumption, voluntary acknowledgments, genetic evidence, and limited equitable estoppel doctrines. Discuss who may be treated as Child's legal parent or parents for support purposes, what challenge...
Citations: Uniform Parentage Act principles, State child-support principles
...d Creditor before and after Dana's death. This question tests marital real-property ownership and creditor limits while the marriage exists. NCBE MEE Subject Matter Outline, Family Law, NCBE MEE Subject Matter Outline, R...
Citations: NCBE MEE Subject Matter Outline, Family Law, NCBE MEE Subject Matter Outline, Real Property
...ive statement of the parties' agreement. The buyer seeks to introduce evidence that, before signing, the seller orally promised that the truck had a new engine. Which statement best describes the parol evidence issue? Th...
Citations: Restatement (Second) of Contracts 209, Restatement (Second) of Contracts 213, NCBE NextGen UBE Content Scope, Contracts
...tractor falsely represented that he was licensed. The contractor says evidence of that statement is barred by the written agreement. Finally, after signing, the parties orally agreed to add a pantry for $5,000. Analyze w...
Citations: Restatement (Second) of Contracts 209, Restatement (Second) of Contracts 210, Restatement (Second) of Contracts 213, Restatement (Second) of Contracts 214, Restatement (Second) of Contracts 216
...Before the hotel canceled, the manufacturer bought custom thread and completed embroidery on 80 bedspreads. The bedspreads were not suitable for ordinary sale to other hotels without removing the embroidery. Which state...
Citations: UCC 2-201, NCBE NextGen UBE Content Scope, Contracts
...tion loan, I will pay it," because the landowner wanted the warehouse completed to increase the value of her adjacent property. The bank made the loan in reliance on that statement. Analyze the statute of frauds issues f...
Citations: Restatement (Second) of Contracts 110, Restatement (Second) of Contracts 129, Restatement (Second) of Contracts 131, Restatement (Second) of Contracts 116, NCBE NextGen UBE Content Scope, Contracts
...says nothing about access. At the time of the sale, the back half is completely surrounded by the seller's remaining land and cliffs and has no access to a public road. Which statement is most accurate? The correct answ...
Citations: NCBE MEE Subject Matter Outline
...that the writing did not require boxes. The grocer seeks to introduce evidence of the trade usage, prior similar contracts between the parties, the first four months of performance, and the prior oral organic-only promis...
Citations: UCC 1-303, UCC 2-202, NCBE NextGen UBE Content Scope, Contracts
...remedy or consequence. This essay tests hearsay in the syllabus path Evidence > Hearsay and Privileges. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine doe...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
...equence. This essay tests relevance and Rule 403 in the syllabus path Evidence > Relevance and Character. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine do...
Citations: FRE 401, FRE 402, FRE 403
...or consequence. This essay tests landlord-tenant in the syllabus path Real Property > Mortgages and Landlord-Tenant. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the...
Citations: Landlord-tenant doctrine
...unsel objects that the expert cannot state an opinion until she first lists every measurement, photograph, and calculation supporting it. How should the court rule under Rule 705? The correct answer applies Rule 705. Fed...
Citations: Fed. R. Evid. 705
...o system but not the full video file. Defendant objects that the best evidence rule bars both Cashier's testimony and Detective's testimony unless the government produces the complete video. The government responds that...
Citations: Fed. R. Evid. 1001, Fed. R. Evid. 1002, Fed. R. Evid. 1003, Fed. R. Evid. 106
...nt falsely wrote that Plaintiff was dishonest in business. Truth is a complete defense under the governing substantive law. Defendant seeks to prove that Plaintiff was in fact dishonest in business by offering several sp...
Citations: Fed. R. Evid. 405(b)
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