...The decree also ordered Spouse A to pay Spouse B $3,000 per month in spousal maintenance until further order of the court. The decree did not say maintenance was nonmodifiable. Spouse A paid the property installments fo...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act sections 316, 319
...urt treat the accrued arrears? The question tests treatment of unpaid spousal-maintenance arrears. NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 316
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 316
...now needs education to return to work. The lower-earning spouse seeks spousal maintenance. Which statement best describes the court's analysis? The question tests the basic factors for spousal maintenance. NCBE MEE Subje...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 308
...couple's State A investment account, and ordering Wife to pay monthly spousal support. Wife later asks a State A court to treat the State B decree as invalid. Discuss whether State B had jurisdiction to dissolve the marr...
Citations: Williams v. North Carolina, 317 U.S. 287 (1942), Estin v. Estin, 334 U.S. 541 (1948), Vanderbilt v. Vanderbilt, 354 U.S. 416 (1957), International Shoe Co. v. Washington, 326 U.S. 310 (1945)
...in the other's estate, and that neither spouse would ever seek child support for any future child. Ten years later, Investor died. Investor's will left most assets to Investor's adult child from a prior relationship. Te...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Premarital Agreement Act section 6, Uniform Premarital and Marital Agreements Act sections 9, 10
...medical bill, rent, and bracelet. Address contractual liability, the spousal duty of support, and limits on necessaries. This question tests spousal support obligations to third parties while the marriage continues. NCB...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 308
...asks the State G court to dissolve the marriage, order Husband to pay spousal support, divide a retirement account held by Husband's State H employer, and transfer to Wife sole title to a lake house located in State H. H...
Citations: Estin v. Estin, 334 U.S. 541 (1948), Vanderbilt v. Vanderbilt, 354 U.S. 416 (1957), Kulko v. Superior Court, 436 U.S. 84 (1978), Fall v. Eastin, 215 U.S. 1 (1909)
...oof with modest probative value and serious prejudice risk. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the likely result? Correct. Releva...
Citations: FRE 401, FRE 402, FRE 403
An MPT task memo asks you to draft the legal argument for a brief in support of a motion to compel arbitration. Your client, a credit union, added an arbitration clause to online account terms after sending account holde...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...letter to opposing counsel seeking payment of unpaid wages. The file supports a claim for a specific dollar amount and a statutory fee request. Which approach is best? The correct answer describes an effective demand-le...
Citations: NCBE MPT preparation materials
...y after one recorded late and the other had inquiry notice. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the likely result? Correct. Transf...
Citations: Recording acts, Mortgage and registry principles
A brief supports a motion to set aside default. The record helps the client because she quickly contacted counsel after learning of default, but it also shows she failed to check the docket for 38 days. How should the br...
Citations: NCBE MPT preparation materials
A brief supports a preliminary injunction for a company whose former employee downloaded a nonpublic pricing spreadsheet and solicited customers for a new employer. Which point heading is strongest? The correct choice is...
Citations: NCBE MPT preparation materials
A child-support case involves monthly health-insurance premiums, unreimbursed therapy costs, and work-related day-care expenses. How are these expenses generally treated? The question tests allocation of medical and chil...
Citations: State child-support guideline principles
A court ordered Father to pay $1,600 per month in child support for two children. The order was based on Father's $88,000 salary and Mother's $52,000 salary. Eighteen months later, Father's plant closed. Father received...
Citations: State child-support modification principles, Federal child-support enforcement principles
...act during a confrontation but denied any desire to injure. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the likely result? Correct. Intent...
Citations: Battery, assault, false imprisonment, trespass doctrines
A defendant filed a properly supported summary-judgment motion with deposition excerpts and business records. The plaintiff's opposition states that the complaint already alleges the defendant acted wrongfully and that a...
Citations: Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e)
...ant rested on two independent grounds, either one of which would have supported the result. A later party seeks issue preclusion on one of those grounds. Which issue preclusion requirement is most directly implicated? Th...
Citations: Restatement (Second) of Judgments principles
A Library contains a statute and three cases. One case strongly supports the client's motion, one case is distinguishable, and one case explains a background rule that is not disputed. How should the persuasive brief use...
Citations: NCBE MPT preparation materials
...greement after receiving mixed instructions from the owner. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the likely result? Correct. Agency...
Citations: Restatement (Third) of Agency sections 1.01, 2.01, 2.03, 4.01
...who had earned $120,000 per year as an engineer quit shortly before a support hearing to work part time at a retail store. The parent offers no medical reason for the change and admits that engineering jobs remain availa...
Citations: State child-support guideline principles
A parent with the ability to pay support and communicate has no contact with a child and pays no support for three years, despite knowing where the child lives. A stepparent seeks adoption without that parent's consent...
Citations: NCBE MEE Subject Matter Outline, Family Law
...to prove both notice and the truth of the matter asserted. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the likely result? Correct. Hearsa...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
...eep an offer open while the buyer made costly preparations. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the likely result? Correct. Contra...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
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