In a complex federal groundwater-contamination case, both sides offer hydrogeologists with sharply conflicting models. After a hearing, the judge appoints Dr. Silva as a neutral expert under Rule 706 to help the jury und...
Citations: Fed. R. Evid. 706, Fed. R. Evid. 403
...Hill Parcel to reach a barn on Meadow Parcel and used an underground water line running under Hill Parcel to supply the barn. Seller then conveyed Meadow Parcel to Buyer by a deed that did not mention access or utilitie...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
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
City A adopted a waterfront flood-control plan. The plan requires the owner of a private warehouse to allow the city to install a permanent flood-warning antenna on the warehouse roof. It also requires the owner to grant...
Citations: U.S. Const. amend. V, Loretto v. Teleprompter Manhattan CATV Corp., Cedar Point Nursery v. Hassid, Kelo v. City of New London, United States v. Miller
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 restaurant reviewer wrote, "The soup tasted like dishwater, and eating there was a crime against lunch." The review disclosed the meal the reviewer ate and did not imply undisclosed facts about health violations or cri...
Citations: NCBE MBE Subject Matter Outline, Torts, Milkovich v. Lorain Journal Co.
...ntist agreed to be filmed for a museum's free educational video about water quality. The release allowed the museum to use her image "in the educational video and related museum materials." A filter company later bought...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...d 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 do anything...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
BrightStrip sold a bathroom tile adhesive remover to consumers. Internal testing showed that using the remover in a small unventilated room could cause serious respiratory injury within 20 minutes unless the user opened...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts: Products Liability
...moratorium on new subdivision approvals while it studies traffic and water-capacity limits. Landowner claims the moratorium is automatically a compensable taking because it temporarily prevents development. What is the...
Citations: NCBE MEE Subject Matter Outline, Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
In a federal civil-rights case, Defendant seeks Plaintiff's confidential therapy notes from a licensed psychotherapist and ordinary treatment notes from Plaintiff's family physician. Plaintiff asserts federal common-law...
Citations: Fed. R. Evid. 501, Jaffee v. Redmond
In Suit 1, Homeowner sued Builder for water damage. After trial, the court entered judgment for Builder on two independent grounds: first, that Builder was not negligent; and second, that Homeowner's claim was barred by...
Citations: Restatement (Second) of Judgments principles, Parklane Hosiery Co. v. Shore
...Co. and driver Owen in federal court. Count 1 asserts a federal civil-rights claim against City Bus based on a bus-stop arrest. Count 2 asserts a state-law battery claim against Owen based on the same arrest. Count 3 ass...
Citations: 28 U.S.C. 1367, United Mine Workers v. Gibbs
...inance Co. Owner orally agreed that Finance Co. would have collateral rights in three assets: a negotiable promissory note payable to Owner, a certificated stock certificate registered in Owner's name and indorsed to Fin...
Citations: UCC 9-203, UCC 9-104, UCC 9-106
...articles state that the corporation's purpose is "to develop and sell water-quality sensors and related technology." The board authorized the CEO to run ordinary operations but adopted an internal resolution requiring bo...
Citations: Model Business Corporation Act principles
...ears. After two years, Tenant transfers to Transferee all of Tenant's rights to possess the store for the entire remaining three years. How is the transfer best classified? The correct answer distinguishes assignment fro...
Citations: NCBE MEE Subject Matter Outline
...oastal Commission, Dolan v. City of Tigard, Koontz v. St. Johns River Water Management District, Sheetz v. County of El Dorado
Citations: U.S. Const. amend. V, Nollan v. California Coastal Commission, Dolan v. City of Tigard, Koontz v. St. Johns River Water Management District, Sheetz v. County of El Dorado
...oject would add about 300 daily vehicle trips and would increase stormwater runoff into a creek. City approved the permit only if Builder dedicated a 30-foot-wide public trail easement along the creek, paid a $500,000 tr...
Citations: NCBE MEE Subject Matter Outline, Nollan v. California Coastal Commission, Dolan v. City of Tigard, Koontz v. St. Johns River Water Management District, Sheetz v. County of El Dorado
...oastal Commission, Dolan v. City of Tigard, Koontz v. St. Johns River Water Management District, Sheetz v. County of El Dorado
Citations: NCBE MEE Subject Matter Outline, Nollan v. California Coastal Commission, Dolan v. City of Tigard, Koontz v. St. Johns River Water Management District, Sheetz v. County of El Dorado
...oastal Commission, Dolan v. City of Tigard, Koontz v. St. Johns River Water Management Distr...
Citations: U.S. Const. amend. V, Nollan v. California Coastal Commission, Dolan v. City of Tigard, Koontz v. St. Johns River Water Management District, Sheetz v. County of El Dorado
A contractor had a contract with an owner under which the owner would pay $70,000 when renovation work was complete. To secure a loan, the contractor signed a letter to a lender stating, "I hereby assign to Lender my...
Citations: Restatement (Second) of Contracts 317, Restatement (Second) of Contracts 324, NCBE NextGen UBE Content Scope, Contracts
...and no operating business. Which statement best describes shareholder rights in the transaction? The correct answer states the shareholder approval and appraisal consequences of a fundamental asset sale. Model Business C...
Citations: Model Business Corporation Act asset-sale and appraisal principles
A defendant charged with felony theft waited 20 months for trial. Some delay was caused by court congestion, some by prosecution negligence, and some by defense continuances. The defendant demanded a speedy trial twic...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo
...tatement best describes the effect of the amendment on the designer's rights? The best answer turns on vesting through justified reliance before the contracting parties attempted to amend the promise away. Restatement (S...
Citations: Restatement (Second) of Contracts 311, NCBE NextGen UBE Content Scope, Contracts
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