...n that there was never any marriage and that Blake has no property or support rights. Blake seeks recognition as a spouse or, alternatively, putative-spouse relief. Discuss the likely marital-status and financial-rights...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act sections 207, 209
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
...after defects persisted and the landlord changed the locks. 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. Landlo...
Citations: Landlord-tenant doctrine
...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
...emands during the delay. By trial, a former bookkeeper who would have supported Lena's defense had died. On the first day of trial, the judge closed the courtroom during testimony of the company's chief financial officer...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo, Waller v. Georgia, Duncan v. Louisiana, Blanton v. City of North Las Vegas
...ent, 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. NCBE MEE Subject Ma...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 308
...r three years. During that time, Father sent one birthday card and no support, even though he was employed and knew Mother's address. Mother married Stepparent, who has cared for Child daily for four years. Child calls S...
Citations: NCBE MEE Subject Matter Outline, Family Law, Santosky v. Kramer, 455 U.S. 745 (1982), Troxel v. Granville, 530 U.S. 57 (2000)
...chosen not to use the designs. Analyze whether the chef's promise is supported by consideration. Discuss bargained-for exchange, adequacy of consideration, conditional gifts, and any illusory-promise issue. This essay t...
Citations: Restatement (Second) of Contracts 71, Restatement (Second) of Contracts 79, Restatement (Second) of Contracts 77, NCBE NextGen UBE Content Scope, Contracts
...themed artwork for agency offices, alleging only that her tax dollars supported the purchase. A bookstore sued to challenge a state law prohibiting customers under age 21 from buying certain political books, arguing that...
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
...sure and shareholders challenged the injury classification. 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. Corpor...
Citations: MBCA and LLC principles, Business judgment rule, Derivative action doctrine
...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
After receiving and waiving Miranda rights, a suspect answered questions for several minutes. He then said, "Maybe I should talk to a lawyer." The detective continued questioning, and the suspect confessed. Which stateme...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Davis v. United States, Miranda v. Arizona
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 welfare agency seeks to terminate a parent's rights so foster parents can adopt. The parent objects and demands a hearing. Which statement is most accurate? The question tests the constitutional and statutory thr...
Citations: Santosky v. Kramer, 455 U.S. 745 (1982), NCBE MEE Subject Matter Outline, Family Law
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
USABarPrep Coach