In a warranty trial, Buyer offers Seller's daily repair log showing that a technician replaced the same machine part three times in one week. Seller's records custodian testifies that technicians make repair entries at t...
Citations: Fed. R. Evid. 803(6), Fed. R. Evid. 805
...ting from out of town. Police knocked on the apartment door without a warrant after receiving a tip. Malik opened the door. When police asked to search, Malik said, "No, you cannot come in." Ana then stepped into the hal...
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
A magistrate issues a search warrant based on an affidavit later found insufficient to establish probable cause. The affidavit was not knowingly false and described recent suspicious purchases and a tip from a named neig...
Citations: U.S. Const. amend. IV, United States v. Leon, Herring v. United States, Franks v. Delaware
Officers lawfully entered a house with a warrant to search for a stolen television. While walking through the living room, an officer saw a clear plastic bag of cocaine on a coffee table. The officer immediately recogniz...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Horton v. California
...st a robbery suspect and take a smartphone from his pocket. Without a warrant, an officer opens the phone and searches text messages and photos for evidence of the robbery. Which statement is most accurate? The best answ...
Citations: U.S. Const. amend. IV, Riley v. California
Seller conveyed Blueacre to Buyer by general warranty deed. The deed described Blueacre as 100 acres. At the time of conveyance, Seller owned only 90 of the 100 acres because a 10-acre strip had been conveyed years earli...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
A buyer accepted a machine that the seller warranted would produce 1,000 units per hour. The machine produced only 700 units per hour. The buyer timely notified the seller of the defect and kept the machine. The machine...
Citations: UCC 2-607, UCC 2-714, UCC 2-715, NCBE NextGen UBE Content Scope, Contracts
...a defective pressure cooker from a retailer. The receipt stated, "All warranties disclaimed; seller not responsible for injury." The cooker exploded during normal use and burned the consumer. What is the likely effect of...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts: Products Liability
An officer obtained a warrant to search a house for stolen laptops. The affidavit said only, "I believe stolen laptops are inside because the suspect is a bad person." The magistrate signed the warrant, and officers foun...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, United States v. Leon
Grantor did not own Valley Lot, but Grantor signed and delivered a warranty deed purporting to convey Valley Lot to Buyer. Buyer paid value. One year later, Grantor inherited valid title to Valley Lot from Grantor's uncl...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...owned Maple Farm, a 120-acre farm in Cole County. Landowner signed a warranty deed that stated, "I convey Maple Farm, my 120-acre farm in Cole County, to Neighbor." Neighbor had helped Landowner maintain the farm for ma...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...n "to A for the life of B, then to C and C's heirs." A later signed a warranty deed purporting to convey Lake Cabin "to Buyer and Buyer's heirs forever." Buyer paid fair market value for a fee simple and recorded the dee...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
Officers lawfully enter an apartment with a warrant to search for stolen televisions. While walking through the living room, an officer sees a clear bag of counterfeit passports on a coffee table and immediately recogniz...
Citations: U.S. Const. amend. IV, Horton v. California
Owner conveyed Blackacre to Alice by warranty deed. Alice paid value but did not record. Alice then conveyed Blackacre to Builder by warranty deed, and Builder promptly recorded. The land records still showed Owner as th...
Citations: NCBE MEE Subject Matter Outline, Recording-act doctrine
Police had a warrant to search a suspect's office safe for fraud records. The safe had a combination lock. Police ordered the suspect to state the memorized combination out loud. The suspect refused and invoked the Fifth...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Doe v. United States, Schmerber v. California
...that Nora was growing marijuana inside her rural farmhouse. Without a warrant, two officers walked up Nora's front path with a trained drug dog. The dog sniffed around the front door and alerted. The officers then walked...
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
...borated tip that a homeowner kept cocaine inside his house. Without a warrant, officers walked onto the homeowner's front porch with a trained drug dog. The dog sniffed at the front door and alerted. Which statement is m...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Florida v. Jardines
Police sought a warrant to search Apartment 4B for evidence of identity theft. The affidavit stated that a reliable informant had seen stolen credit cards in Apartment 4B within the past 48 hours and that utility records...
Citations: U.S. Const. amend. IV, Illinois v. Gates, Franks v. Delaware, United States v. Leon, Groh v. Ramirez
...ected a delivery driver of moving stolen medical equipment. Without a warrant, officers attached a GPS device to the underside of the driver's personal van while it was parked in his driveway, next to the side door of hi...
Citations: U.S. Const. amend. IV, Katz v. United States, Riley v. California, Carpenter v. United States, United States v. Jones, Florida v. Jardines, California v. Greenwood
Without a warrant, officers climbed over a locked farm gate marked "No Trespassing" and walked half a mile from the farmhouse to an unfenced field. The field was not used for family activities and was separated from the...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Oliver v. United States
Without a warrant, police obtain 45 days of historical cell-site location information from a wireless carrier, showing where a suspect's phone traveled each day. The government argues that no warrant was required because...
Citations: U.S. Const. amend. IV, Carpenter v. United States
Defendant is charged with armed bank robbery. Accomplice, who has fled the country and cannot be found, told a close friend the day after the robbery, "I drove the getaway car and split the cash with Defendant." The d...
Citations: Fed. R. Evid. 804(b)(3)
In an assault trial, Witness testifies that one minute after a glass bottle shattered near Victim's head, Victim was shaking and bleeding and shouted, "Dana threw it at me!" Dana objects that the statement is hearsay....
Citations: Fed. R. Evid. 803(2)
...st another. This essay tests the major Rule 804 unavailable-declarant exceptions. Fed. R. Evid. 804(a), Fed. R. Evid. 804...
Citations: Fed. R. Evid. 804(a), Fed. R. Evid. 804(b)(1), Fed. R. Evid. 804(b)(2), Fed. R. Evid. 804(b)(3)
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