...he auditor writes a required report to her supervisor. The city later disciplines her for the report's criticism of senior officials, and she brings a First Amendment retaliation claim based only on the internal report...
Citations: U.S. Const. amend. I, Garcetti v. Ceballos, Pickering v. Board of Education
A city council candidate was hospitalized for two days after fainting at a public debate. A hospital clerk, without authorization, gave a reporter the candidate's chart showing a recent miscarriage and unrelated fertilit...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...final judgment. This essay tests nonfinal appeal routes and asks for disciplined treatment of narrow exceptions to the final-judgment rule. 28 U.S.C. 1291, 28 U.S.C. 1292(a)(1), Cohen v. Benefici...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292(a)(1), Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
...describes the parent's privilege? This question tests the reasonable-discipline privilege. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...integration of facts with the supplied authorities. This essay tests disciplined use of the File and Library in a time-limited MPT task. NCBE MPT preparation materials, NCBE MPT test-day instructions
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...or quarterly review, a spreadsheet showing missed purchasing targets, and deposition testimony that the final decisionmaker had previously warned her about performance. The employer argues that the manager cannot prove r...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(c), Anderson v. Liberty Lobby, Inc., Matsushita Elec. Indus. Co. v. Zenith Radio Corp.
...tractors. The committee issues subpoenas to a contractor for invoices and to a former agency official for testimony about grant oversight. The committee chair publicly says, "We will expose criminals and send them to pri...
Citations: U.S. Const. art. I, sec. 6, cl. 1, McGrain v. Daugherty, Watkins v. United States, Gravel v. United States, Eastland v. United States Servicemen's Fund, Trump v. Mazars USA, LLP
...ate contractor's invoices while considering amendments to procurement and reporting statutes. The contractor argues that Congress has no power to investigate private business records. Which statement is most accurate? Th...
Citations: U.S. Const. art. I, McGrain v. Daugherty, Watkins v. United States, Eastland v. United States Servicemen's Fund
...lete. The checks require reviewing local records, calling references, and reporting disqualifying information to a federal agency. A police chief refuses to perform the checks. Which statement is most accurate under the...
Citations: U.S. Const. amend. X, Printz v. United States
...and application of the legal standard to File facts. This essay tests disciplined use of supplied legal authorities and rejection of outside law. NCBE MPT preparation materials, NCBE MPT test-day instructions
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...e applying the statute to an employee who reported safety violations, and a Franklin Court of Appeal case rejecting a claim by an employee who complained only about personal scheduling. The File includes your client's em...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...pect private hospitals for compliance with the federal reporting rule and to issue federal fines for violations. State E challenges both duties under the Tenth Amendment. Which statement is most accurate? The best answer...
Citations: U.S. Const. amend. X, Printz v. United States, Reno v. Condon, Garcia v. San Antonio Metropolitan Transit Authority
...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
...appellate persuasive writing, including standard of review and record discipline. NCBE MPT preparation materials, NCBE MPT ov...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...the supervisor probably fired plaintiff for reporting safety issues, and in my opinion the firing was illegal." The coworker was not present for the firing meeting and identifies no personal observations about the decis...
Citations: Fed. R. Civ. P. 56(c)
USABarPrep Coach