...and and special-committee dismissal in a procedural posture likely to appear on an MEE. Model Business Corporation Act derivative proceeding principles, NCBE MEE Business Associations outline
Citations: Model Business Corporation Act derivative proceeding principles, NCBE MEE Business Associations outline
A corporation incorporated and headquartered in State X was sued in federal court in State Y by a State Y plaintiff. The complaint alleged state-law negligence and sought $60,000 in damages. Before answering, the corpora...
Citations: Fed. R. Civ. P. 12(b), Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
...saw a thief grab a bracelet and run through a mall. Mall security, acting on its own before police arrived, detained Caleb near an exit and brought the customer to a security office. Caleb sat alone in handcuffs beside t...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Perry v. New Hampshire, Neil v. Biggers, Manson v. Brathwaite
Founder is under federal investigation for wire fraud. Before any subpoena issued, Founder met privately with Lawyer and said, "I think last year's investor deck overstated revenue. What are my legal options if that was...
Citations: Fed. R. Evid. 501, Fed. R. Evid. 502
A delivery driver sued a trucking company in federal court after a highway collision. Two days after the crash, before suit was filed, the company's risk manager obtained signed statements from three eyewitnesses because...
Citations: Fed. R. Civ. P. 26(b)(3), Fed. R. Civ. P. 26(b)(5), Fed. R. Evid. 502, Hickman v. Taylor, Upjohn Co. v. United States
A homeowner sued a security-alarm company in federal court after burglars entered through a door that should have triggered an alarm. The company moved for summary judgment six weeks after answering, before any depositio...
Citations: Fed. R. Civ. P. 56(d), Fed. R. Civ. P. 56(a)
A plaintiff won a federal jury verdict in a products-liability case. Before trial, the district court denied the defendant's Rule 12(b)(6) motion on a purely legal preemption issue. At trial, the defendant objected to on...
Citations: Fed. R. Civ. P. 46, Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
A restaurant customer sued a national restaurant chain in federal court after slipping on a wet floor. She seeks damages for a fractured ankle, continuing inability to work, anxiety attacks triggered by the fall, and fut...
Citations: Fed. R. Civ. P. 35, Fed. R. Civ. P. 45
Defendant is tried in federal court for killing Victim during a warehouse robbery. Victim and Accomplice are unavailable at trial. Victim died from the gunshot before trial. Accomplice refuses to testify despite a court...
Citations: Fed. R. Evid. 804(a), Fed. R. Evid. 804(b)(1), Fed. R. Evid. 804(b)(2), Fed. R. Evid. 804(b)(3)
Officer sues City in federal court for retaliation under a federal statute and also brings a state-law defamation claim under supplemental jurisdiction. Officer seeks damages for emotional distress. City seeks three cate...
Citations: Fed. R. Evid. 501, Fed. R. Evid. 502, Jaffee v. Redmond
...ce placed a robbery suspect in a live lineup. The suspect had not yet appeared before a judge and no indictment or information had been filed. No lawyer was present. Which statement is most accurate? The best answer sepa...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Kirby v. Illinois, Neil v. Biggers
Spouses married for 12 years. Both worked until the final year of the marriage, when Spouse X secretly withdrew $70,000 from a joint savings account and lost most of it gambling during weekend trips. Spouse X also transf...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act sections 307, 308
Before opening statements in a federal civil trial, Plaintiff asks the court to exclude witnesses from the courtroom. Defendant is an individual who will testify. Corporate Third-Party Defendant designates its risk manag...
Citations: Fed. R. Evid. 615
...es that the photographs fairly show the puddle and floor mats as they appeared when he arrived, although employees had already placed a warning cone nearby. Grocery offers a 90-second surveillance clip from a ceiling cam...
Citations: Fed. R. Evid. 901(a), Fed. R. Evid. 901(b)(1), Fed. R. Evid. 901(b)(9), Fed. R. Evid. 106
...ts there. Husband had Wife personally served in State A. Wife did not appear. The State B court entered a decree dissolving the marriage, awarding Husband the couple's State A investment account, and ordering Wife to pay...
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)
...d destroy diversity. The brother is subject to service but refuses to appear voluntarily. How should the federal court analyze the motion? Discuss whether the brother is a required party, whether joinder is feasible, the...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
A passenger sued "Metro Bus Company" in federal court after a city bus struck her car. The complaint was filed two days before the limitations period expired and alleged negligent operation of bus route 42 on January 5...
Citations: Fed. R. Civ. P. 15, Fed. R. Civ. P. 16(b)(4), Fed. R. Civ. P. 4(m), Krupski v. Costa Crociere S.p.A.
An examinee assigned a demand letter has 35 minutes left. The examinee has read the entire packet and has handwritten notes about the facts and cases, but has not typed any answer. The task memo asks for a letter to oppo...
Citations: NCBE MPT preparation materials, NCBE MPT overview
An MPT task memo asks you to draft an opinion letter to Jonah, a homeowner who installed rooftop solar panels after receiving an email from the homeowners association's property manager saying, "The board should have no...
Citations: NCBE MPT preparation materials, NCBE MPT overview
Defendant is charged with shooting a store clerk. Eyewitness Ortiz testifies that she saw Defendant fire the shot from across a dark parking lot. On cross-examination, Ortiz admits she was about 90 feet away, it was rain...
Citations: Fed. R. Evid. 607, Fed. R. Evid. 611, Fed. R. Evid. 801(d)(1)(B), Fed. R. Evid. 403
...curity camera showed Defendant entering the unit shortly before smoke appeared. No charges were filed. The government says the earlier incident shows intent, motive, absence of accident, and a common plan. Defendant argu...
Citations: Fed. R. Evid. 404(b), Fed. R. Evid. 104(b), Fed. R. Evid. 403
...howing a truck at 58 miles per hour striking a shadowy pedestrian who appears suddenly in the lane. The animation does not state that it is based on disputed assumptions. The defense also offers a colorful chart comparin...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401, Fed. R. Evid. 403, Fed. R. Evid. 611(a)
.... Partner B received notice of the State F divorce action but did not appear. The State F court granted an ex parte divorce on a no-fault ground. Partner A then returned to State E six weeks later to resume the medical p...
Citations: U.S. Const. art. IV, section 1, 28 U.S.C. 1738, Williams v. North Carolina, 325 U.S. 226 (1945), Sherrer v. Sherrer, 334 U.S. 343 (1948)
...argues the post has strong circumstantial trustworthiness because it appeared before any public news report. How should the court rule on the medication-error report and the anonymous post? Discuss recorded recollection...
Citations: Fed. R. Evid. 803(5), Fed. R. Evid. 807, Fed. R. Evid. 403
USABarPrep Coach