Standing
Standing Constitutional Law Constitutional Law Standing Complete Constitutional Law List Constitutional LawThis topic appears in the UBE 2026 Rules Library master list under Constitutional Law.StandingUse this entry as t...
Results for “Standing”
A pedestrian was standing with her back to an intersection. She heard brakes and a crash, turned around, and saw Defe...
A pedestrian was standing with her back to an intersection. She heard brakes and a crash, turned around, and saw Defendant's truck stopped in the crosswalk. She did not see the traffic signal before the crash. Plaintiff...
Citations: Fed. R. Evid. 602
An experienced swimmer standing on a public dock saw a stranger struggling in calm water 20 feet away. The swimmer ha...
An experienced swimmer standing on a public dock saw a stranger struggling in calm water 20 feet away. The swimmer had not caused the stranger to enter the water, had no relationship with the stranger, and did not say or...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
At a restaurant, Devin saw Pat raise a glass bottle over Pat's head while standing two feet from Devin's sister, Ana....
...restaurant, Devin saw Pat raise a glass bottle over Pat's head while standing two feet from Devin's sister, Ana. Pat shouted, "Move or I'll smash this." Devin pushed Ana behind him and shoved Pat away. Pat stumbled but...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Beacon Frame, Inc. has 1,000 shares outstanding. Olivia owns 80 shares. The board approved a three-year supply contra...
Beacon Frame, Inc. has 1,000 shares outstanding. Olivia owns 80 shares. The board approved a three-year supply contract with a company owned by two directors. Olivia alleges that the contract price was far above market a...
Citations: NCBE MEE Business Associations outline, Model Business Corporation Act derivative proceeding principles
Congress enacted a landfill-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, an...
Congress enacted a landfill-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, any state facing certified landfill shortages may impose a surcharge on nonhazardous solid waste shipped...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Prudential Insurance Co. v. Benjamin, Western & Southern Life Insurance Co. v. State Board of Equalization
Two years ago, the directors of Cedar Analytics, Inc. reimbursed themselves for luxury travel unrelated to corporate...
...nded to force the directors to buy Jordan's shares at a premium. What standing, demand, and adequacy issues should the court consider? Discuss. This essay focuses on derivative standing and demand rather than the merits...
Citations: Model Business Corporation Act derivative proceeding principles, NCBE February 2022 MEE derivative-standing analysis
A hiker found an arrowhead on federal park land. A criminal statute prohibited removing artifacts from the park, but...
...ry rule that mistake of law is not a defense based on private misunderstanding. 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
The Federal Energy Agency issued a permit allowing a private company to build a transmission line through a national...
...ocess. The company argues that none of the plaintiffs has Article III standing because the line might be built even after a new agency process. Analyze standing for each plaintiff, including injury, causation, redressabi...
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
The President recognized the government of Country X after a disputed revolution. Without submitting anything to the...
...arising from confiscated property may proceed in federal court notwithstanding any executive agreement." A state statute separately bars Country X's state-owned bank from doing business in the state because the state doe...
Citations: U.S. Const. art. II, sec. 2, United States v. Belmont, United States v. Pink, Dames & Moore v. Regan, Medellin v. Texas, Zivotofsky v. Kerry
A city condemns several privately owned parcels in a deteriorated industrial district and plans to transfer them to a...
...most accurate? The best answer applies the broad public-purpose understanding of public use and keeps compensation as a separate issue. U.S. Const. amend. V, Kelo v. City of New London, Berman v. Parker, Hawaii Housing...
Citations: U.S. Const. amend. V, Kelo v. City of New London, Berman v. Parker, Hawaii Housing Authority v. Midkiff
A defendant fired a gun at a rival intending to kill him. The bullet missed the rival and killed an uninvolved bystan...
...l him. The bullet missed the rival and killed an uninvolved bystander standing nearby. Which statement best describes the defendant's intent for the bystander's homicide? The best answer applies transferred intent to an...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
A federal agency issued a permit allowing a private company to drain wetlands next to a city park. A neighborhood ass...
...ency to reconsider it. Which statement best describes the Article III standing issue? The best answer states the Article III standing elements and rejects generalized grievances and merits-based shortcuts. U.S. Const. ar...
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
A nonprofit group published an online newsletter about vandalism at a courthouse during a protest. The newsletter inc...
...a protest. The newsletter included a photograph of Daniel, a teacher, standing near the courthouse steps with the caption, "The vandals had help from people who looked respectable." The full photograph, which the editor...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A railway worker rushed to help a late-arriving passenger board a train. The passenger carried a plain, wrapped cardb...
...decorative clock at the far end of the platform, injuring a commuter standing 90 feet away. In the commuter's negligence action against the railway, is the commuter likely to establish that the worker owed her a duty ba...
Citations: NCBE MBE Subject Matter Outline, Torts, Palsgraf duty principles
A shareholder wants to bring a derivative suit over director misconduct that occurred before the shareholder bought s...
...e the shareholder bought shares in an ordinary market purchase. Which standing rule is most relevant? The correct answer states the core derivative-standing requirement. Model Business Corporation Act derivative proceedi...
Citations: Model Business Corporation Act derivative proceeding principles
A trade association of independent pharmacies challenged a state rule requiring pharmacies to disclose customer recor...
...of its members? The best answer gives the Hunt test for associational standing and avoids overbroad requirements. U.S. Const. art. III, sec. 2, Hunt v. Washington State Apple Advertising Commission, Friends of the Earth...
Citations: U.S. Const. art. III, sec. 2, Hunt v. Washington State Apple Advertising Commission, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
Congress appropriated funds for grants to private schools, including religious schools, to buy math textbooks. A fede...
...to divert staff from counseling to investigation and testing. Analyze standing for the two taxpayers, the bookstore, and the organization. This essay tests taxpayer standing, third-party standing, and organizational stan...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc., Craig v. Boren, Havens Realty Corp. v. Coleman
Congress enacted a statute appropriating money for grants to private elementary schools, including religious schools,...
...ssages. Which taxpayer, if either, is most likely to have Article III standing? The best answer recognizes the limited Flast exception and its boundary at discretionary executive spending. U.S. Const. art. III, sec. 2, F...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc.
Malik leased an apartment with his roommate Ana. Jae, who lived elsewhere, came to the apartment for two hours to pac...
...room pills, laptop files, buyer testimony, and bedroom pills. Analyze standing, consent, and exclusionary-rule issues....
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Minnesota v. Olson, Minnesota v. Carter, Georgia v. Randolph, Murray v. United States, Nix v. Williams
Maya and Victor argued in a grocery-store parking lot after Maya accused Victor of damaging her car. Maya shoved Vict...
...toward Maya's friend Dana, who had been filming the argument and was standing several feet away. Maya shouted at Leo to stop. Leo kept running with the tire iron raised. Maya fired again, wounding Leo in the leg before...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04, Model Penal Code 3.05
Officers investigating stolen tablets went to a house shared by a suspect and his roommate. The roommate answered the...
...o not come in." Officers arrested the suspect in the doorway on an outstanding warrant and took him away. Thirty minutes later, the roommate again consented to a search of the living room, where officers found a backpack...
Citations: U.S. Const. amend. IV, Schneckloth v. Bustamonte, Illinois v. Rodriguez, Georgia v. Randolph, Fernandez v. California, South Dakota v. Opperman, New Jersey v. T.L.O.
Police received an anonymous tip that Nora was growing marijuana inside her rural farmhouse. Without a warrant, two o...
...oked through a basement window and saw grow lights. Later that night, standing on a public road, an officer used a thermal-imaging device not commonly available to the public. The device showed unusually high heat patter...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Katz v. United States, Florida v. Jardines, Kyllo v. United States, United States v. Dunn, Oliver v. United States
Police sought a warrant to search Apartment 4B for evidence of identity theft. The affidavit stated that a reliable i...
...h exception. Analyze probable cause, particularity, any Franks issue, standing, and the good-faith exception. This essay tests warrants, probable cause, particularity, Franks challenges, good faith, and suppression. U.S...
Citations: U.S. Const. amend. IV, Illinois v. Gates, Franks v. Delaware, United States v. Leon, Groh v. Ramirez