A defendant intentionally killed a victim and claims self-defense. The evidence shows the victim had raised a knife and was moving toward the defendant when the defendant fired. Which statement best describes the standar...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...al court with assault after a fight at a restaurant. Defendant claims self-defense. He calls a neighbor who has known him for years and will testify that Defendant has a reputation in their community for peacefulness and...
Citations: Fed. R. Evid. 404(a)(2)(A), Fed. R. Evid. 405(a)
In a federal murder trial, Defendant claims self-defense and calls two witnesses who testify that Victim had a reputation for violence. In rebuttal, the prosecutor offers testimony from Victim's pastor that Victim had a...
Citations: Fed. R. Evid. 404(a)(2)(B), Fed. R. Evid. 405(a)
...nched the shopper in the face. How should the court treat the clerk's self-defense argument for the punch? This question tests the no-retaliation limit on self-defense. NCBE MBE Subject Matter Outline, Torts, Restatement...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...at in the arm, breaking it. Pat sues Devin for battery. Devin asserts self-defense and defense of others. Pat argues that any privilege ended once the bottle was dropped. Analyze Devin's privilege defenses for the shove...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...causing a bruise. Which statement best describes the second patron's self-defense claim? This question tests reasonable mistake in self-defense. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...attery for shooting Leo. Analyze Maya's available defenses, including self-defense, initial-aggressor limits, any duty to retreat, and defense of others. This essay...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04, Model Penal Code 3.05
Omar occasionally delivered packages for a neighborhood gang, but he had never before seen weapons or drugs. One night, two gang members forced Omar into a van at gunpoint, showed him a box of fentanyl packets, and to...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.09, Model Penal Code 3.02
...usly wounding the man. Which statement best describes the passenger's self-defense claim? The best answer states the usual deadly-force self-defense standard. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Cod...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04
...val transfers to the bystander. The jurisdiction recognizes imperfect self-defense as a possible murder mitigation when the defendant honestly but unreasonably believes deadly force is necessary. Analyze the defendant's...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.1, Model Penal Code 210.3
Trust created a $2 million trust for Settlor's spouse, Mira, for life, remainder to Settlor's children, Noah and Priya. Trustee, who is Settlor's cousin, owned 40 percent of a struggling real estate company. Without t...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 802, 1001, and 1002
Malik 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 aw...
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 secured loan agreement allows the lender to accelerate if it deems itself insecure. The debtor is current on payments, but the lender has evidence that collateral is missing and that a tax lien has been filed. What...
Citations: UCC 1-309
After formal charges were filed, police conducted a live lineup without notifying defense counsel. The lineup violated the defendant's Sixth Amendment right to counsel. The prosecution still wants to use the witness's...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California
After indictment, police conducted a live lineup without notifying defense counsel. The witness identified the defendant. At trial, the prosecution asks the same witness to identify the defendant in court. Which state...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, United States v. Wade, Gilbert v. California
Before trial, a defendant told the judge, "I understand I have a lawyer, but I want to represent myself." The judge warned the defendant about the charges, possible penalties, and risks of proceeding without counsel....
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Faretta v. California
Defendant is charged with knowingly possessing counterfeit access cards. A defense psychiatrist will testify that Defendant has a cognitive disorder that makes him unusually suggestible. The defense also wants the psy...
Citations: Fed. R. Evid. 704(b), Fed. R. Evid. 702
Testator executed a will before two competent witnesses. A notary later completed a self-proving affidavit but accidentally omitted one witness's name. The contestants argue that the entire will is invalid because the...
Citations: Uniform Probate Code section 2-504
Trustee sold a trust-owned warehouse to himself for $500,000. Trustee did not seek court approval and did not disclose that he was the buyer until after closing. An appraisal obtained after the sale showed the warehou...
Citations: Uniform Trust Code section 802
Country R entered a final judgment against Company, a State F corporation, after a pollution incident at Company's Country R facility. The judgment included $2 million payable to injured residents for medical expenses...
Citations: Uniform Foreign-Country Money Judgments Recognition Act, Comity principles, Judgment-recognition defenses
A 17-year-old student bought a high-end laptop from an electronics store for $2,400 on a six-month payment plan. The student told the clerk that she was 19 and showed a realistic-looking student ID that did not list a...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
A 17-year-old who lived away from home was taken to a hospital after a car accident. The hospital provided emergency surgery at the usual market rate. The minor later refused to pay, asserting lack of capacity. Which...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
A driver negligently hit a utility pole, causing live wires to fall near a trapped cyclist. A bystander saw that the wires were several feet from the cyclist, waited for a pause in sparking, and ran in to pull the cyc...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A hiker found an arrowhead on federal park land. A criminal statute prohibited removing artifacts from the park, but the hiker had read a private travel website stating that visitors could keep small finds. The hiker...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
USABarPrep Coach