...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
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
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)
...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
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
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 obligor is $6,000 behind on support. The court considers civil contempt and a purge condition requiring payment of $2,500 within 30 days. What must the court generally consider before imposing a coercive civil-contemp...
Citations: State contempt principles, Federal due process principles for support enforcement
Before divorce, Dana signed a will leaving her estate to her spouse, Alex, and named Alex as beneficiary of a state-law payable-on-death bank account, a life insurance policy, and an ERISA-governed employer retirement pl...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Probate Code revocation-on-divorce principles, ERISA beneficiary-designation principles
In a robbery trial, the government offers testimony that, moments before Defendant ran from an alley, an unidentified voice shouted, "Hide the bag under the dumpster!" The government offers the words to explain why Defen...
Citations: Fed. R. Evid. 801(a), Fed. R. Evid. 801(c)
In a slip-and-fall case, Plaintiff offers testimony from Store Manager that, 20 minutes before Plaintiff fell, a customer told Manager, "There is oil on aisle three." Plaintiff offers the statement only to prove that Sto...
Citations: Fed. R. Evid. 801(c), Fed. R. Evid. 105
Diego died intestate and unmarried. Five people claim shares as Diego's descendants. Ava was legally adopted by Diego when she was eight. Max was born outside marriage, and a court entered an order of parentage against D...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Probate Code parent-child relationship provisions
...hould be judged as a child, that she acted instinctively when the dog appeared, and that a licensed adult might also have swerved. Analyze the applicable standard of care and whether Maya breached it. Address Maya's chil...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
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