...with a $700,000 probate estate. She is survived by her spouse, Chris, and her mother, Alma. Maya had no descendants. The state statute provides that when a decedent leaves a surviving spouse, no descendants, and a surviv...
Citations: Uniform Probate Code spouse-share principles
...t may terminate a lease, whether the tenant may recover repair costs, and what notice the tenant must send before taking action. After 35 minutes, the examinee has carefully read the lease and two cases about termination...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...states to provide sign-language interpreters in all criminal, civil, and administrative hearings when a party has a hearing disability. Congress compiled hearings showing that many state courts had denied interpreters i...
Citations: U.S. Const. amend. XIII, U.S. Const. amend. XIV, sec. 5, City of Boerne v. Flores, United States v. Morrison, Tennessee v. Lane, Jones v. Alfred H. Mayer Co.
Mother and Father divorced when Child was two. The decree gave Mother sole legal and physical custody and gave Father supervised visitation. Father visited twice in the first year, then stopped visiting for three years...
Citations: NCBE MEE Subject Matter Outline, Family Law, Santosky v. Kramer, 455 U.S. 745 (1982), Troxel v. Granville, 530 U.S. 57 (2000)
Shareholder Mira sent the board of Finch Motors, Inc. a written demand asking the corporation to sue three directors for approving a self-interested parts contract. The board formed a two-director committee to investigat...
Citations: Model Business Corporation Act derivative proceeding principles, NCBE MEE Business Associations outline
A party offered graphic proof with modest probative value and serious prejudice risk. The facts are close, and both sides can cite a rule that appears favorable. What should a strong answer do first? Correct. Relevant ev...
Citations: FRE 401, FRE 402, FRE 403
...allege that the same districts are an unconstitutional partisan gerrymander under the federal Constitution. Which statement most accurately applies the political-question doctrine? The best answer distinguishes justiciab...
Citations: U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, Rucho v. Common Cause
...tered a final custody decree giving Parent A primary physical custody and both parents joint legal custody of Child. Parent B had alternating weekends and weekly video calls. Two years later, Parent A moved with Child to...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act sections 202, 203, 207, NCBE MEE Subject Matter Outline, Family Law
...icate, lived with Child for four years, claimed Child as a dependent, and told relatives that Child was Spouse's child. During a separation, Mother told Spouse that another man, Bio Parent, might be Child's biological fa...
Citations: Uniform Parentage Act principles, State child-support principles
An MPT task memo asks you to draft an objective memorandum analyzing whether a city may revoke a food truck permit. The File includes: a client interview, the permit application, three inspection reports, a text message...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...ion. Nina told Maya, in a private email, that Maya could buy supplies and ordinary equipment but could not sign any equipment contract above $15,000 without Nina's written approval. Nina then introduced Maya to BeanWorks...
Citations: Restatement (Third) of Agency sections 2.01, 2.03, 4.01
...required authority or elements, any recognized limitation or defense, and the remedy or procedural consequence authorized by that source. Identify the applicable statute, rule, or common-law doctrine, connect each materi...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
...For two years, Dev placed monthly parts orders with Metro Components, and Atlas paid each invoice. Atlas's website listed Dev as "Purchasing Manager" with a company email address. After a dispute, Atlas emailed Dev that...
Citations: Restatement (Third) of Agency sections 3.06, 3.11
...university president immediately suspended the supervisor without pay and issued a press release stating that the supervisor had "recklessly endangered students." The university did not let the supervisor review the inci...
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Cleveland Board of Education v. Loudermill, Mathews v. Eldridge
...olated the Constitution by appointing a committee to receive evidence and then reporting to the full Senate. In the third, voters allege that congressional districts violate equal population rules. In the fourth, voters...
Citations: U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, Rucho v. Common Cause, Japan Whaling Association v. American Cetacean Society
...ther a nonprofit board may meet remotely under the governing statute, and whether board members must receive 48 hours' notice. The file includes a board policy, a calendar of notices, and a statute. The task memo says, "...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...he fall. Spouse testifies 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...
Citations: Fed. R. Evid. 901(a), Fed. R. Evid. 901(b)(1), Fed. R. Evid. 901(b)(9), Fed. R. Evid. 106
...nforming use and that the proposed changes would harm the residential character of the area. Discuss whether Owner may continue operating the grocery and whether City may deny the proposed gasoline pumps, extended hours...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...buted 70 percent of the startup cash, another contributed 30 percent, and the third contributed only services. They did not discuss profits or losses. At year-end, the business had a profit. How are profits and losses al...
Citations: Uniform Partnership Act and Revised Uniform Partnership Act principles
...ourt entered a custody order giving Parent 1 primary physical custody and Parent 2 four weeks of summer parenting time. Parent 2 took Child to State H for the summer visit but refused to return Child at the end of the fo...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act articles 2 and 3, Parental Kidnapping Prevention Act, 28 U.S.C. 1738A, NCBE MEE Subject Matter Outline, Family Law
A party offered graphic proof with modest probative value and serious prejudice risk. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the like...
Citations: FRE 401, FRE 402, FRE 403
A party offered graphic proof with modest probative value and serious prejudice risk. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How should the issue most l...
Citations: FRE 401, FRE 402, FRE 403
A party offered graphic proof with modest probative value and serious prejudice risk. The record contains both written proof and disputed oral testimony. Which answer gives the best treatment of the proof and governing r...
Citations: FRE 401, FRE 402, FRE 403
...shareholder." The board had never authorized Maya to sign contracts, and the vendor had never previously dealt with Maya. When the CEO returned, BlueForge refused to use the software and promptly told the vendor that Ma...
Citations: Model Business Corporation Act principles
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