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)
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
A citizen of State A sued a hotel corporation incorporated and headquartered in State B in federal court under diversity jurisdiction, seeking $400,000 for injuries suffered when a balcony railing collapsed. The hotel an...
Citations: Fed. R. Civ. P. 14, Fed. R. Civ. P. 13, 28 U.S.C. 1367
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)
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
...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
During a federal civil trial over a warehouse collapse, the presiding judge mentions at a sidebar that she drove past the warehouse the morning after the storm and personally saw that one support column "looked freshly c...
Citations: Fed. R. Evid. 605, Fed. R. Evid. 606
Store sues Contractor after a nighttime fire destroyed Store's loading dock. Store calls Neighbor's eight-year-old daughter, Lily, who was awake in a bedroom overlooking the dock. In a preliminary hearing outside the jur...
Citations: Fed. R. Evid. 601, Fed. R. Evid. 602, Fed. R. Evid. 603, Fed. R. Evid. 611
Defendant is charged in federal court with assaulting a security guard outside a concert hall. The guard died before trial from unrelated causes. Defendant had no prior chance to cross-examine the guard. The prosecution...
Citations: Fed. R. Evid. 801, Fed. R. Evid. 802, U.S. Const. amend. VI, Fed. R. Evid. 901
An examinee is assigned a persuasive brief opposing summary judgment. The task memo asks for the argument section only. The Library states that summary judgment must be denied when the record permits a reasonable factfin...
Citations: NCBE MPT preparation materials, NCBE MPT overview
In a federal securities-fraud trial, Defendant asks the court to exclude witnesses from the courtroom. The government wants three people to remain: Lead Agent, who sat with prosecutors during the investigation and will t...
Citations: Fed. R. Evid. 614, Fed. R. Evid. 615, Fed. R. Evid. 611
...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
An MPT task memo asks for a client letter answering three questions: whether a tenant may terminate a lease, whether the tenant may recover repair costs, and what notice the tenant must send before taking action. After 3...
Citations: NCBE MPT preparation materials, NCBE MPT overview
Defendant is tried in federal court for aggravated assault after a late-night fight outside a music venue. Defendant claims that the alleged victim, Patron, rushed him with a broken bottle and that Defendant only pushed...
Citations: Fed. R. Evid. 404(a)(2), Fed. R. Evid. 405(a), Fed. R. Evid. 403
A city ordinance barred demonstrations near a convention center during political conventions. A protest group sued for an injunction. After the district court ruled against the city, the city repealed the ordinance but a...
Citations: U.S. Const. art. III, sec. 2, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
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
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 examinee has read the task memo, File, and Library and is preparing a quick outline before writing. Which outline approach is strongest? The correct answer identifies effective MPT outlining from File and Library mate...
Citations: NCBE MPT preparation materials
...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
Patient sues PharmaCo, alleging that a drug caused liver failure. Patient offers Dr. Rao, a hepatologist. Dr. Rao reviewed Patient's medical records, peer-reviewed studies, lab results, and interviews with Patient's fami...
Citations: Fed. R. Evid. 703, Fed. R. Evid. 705, Fed. R. Evid. 702
Rosa lived in State J for many years, owned a home there, voted there, and held a State J driver's license. She then spent eight months in State K for a temporary medical fellowship, intending to return to State J when t...
Citations: Burnham v. Superior Court, Fed. R. Civ. P. 12(h), Insurance Corp. of Ireland v. Compagnie des Bauxites
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
USABarPrep Coach