A hiker caught in a sudden blizzard broke a window and entered an unoccupied cabin to avoid freezing. While inside, the hiker used firewood and accidentally damaged a rug with melted snow. Which statement best describes...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
An officer saw a man repeatedly look into a closed jewelry store window at midnight and confer with another person. The officer suspected a planned burglary. The officer stopped the man and considered patting down his ou...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Terry v. Ohio
...epeatedly walk past a closed jewelry store at midnight, look into the window, and confer with another person. When the officer approaches, the person grabs at a jacket pocket shaped like a hard object. The officer wants...
Citations: U.S. Const. amend. IV, Terry v. Ohio
At midnight, a defendant opened a closed but unlocked window of another person's house, climbed inside intending to steal jewelry, and was caught before touching anything. Which statement best describes common-law burgla...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1
Four homeowners filed one federal action against a window manufacturer and two local installers. Homeowners 1 and 2 bought the same model window from the same installer in the same subdivision, and both allege that a def...
Citations: Fed. R. Civ. P. 20, Fed. R. Civ. P. 21, Fed. R. Civ. P. 42
...? The correct answer states a realistic approach to the 90-minute MPT window. NCBE MPT preparation materials
Citations: NCBE MPT preparation materials
...er approved a change, and complete each delivery within a stated time window. While carrying a customer's groceries in his car, Omar drove two blocks off the app route to buy coffee. As he pulled away from the coffee sho...
Citations: Restatement (Third) of Agency sections 7.07, 7.08
...emanded delivery to 30 stores, special labels, and different delivery windows. The manufacturer objected. Which statement best describes the assignment under Article 2? The best answer states Article 2's material-change...
Citations: UCC 2-210, NCBE NextGen UBE Content Scope, Contracts
...soil, cracking the foundations of three homes and shattering several windows. No worker acted carelessly. Ridge argues that it cannot be liable without negligence because the work was lawful, useful, and carefully perfo...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...s inside another person's occupied house. The flames charred a wooden window frame before being extinguished. Which statement best describes common-law arson? The best answer states common-law arson and the burning requi...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1
...endments to the grant statute, reporting requirements, and contractor eligibility rules. During a hearing, a member reads from subpoenaed invoices. Later, the member sends the invoices to a political consultant, who post...
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
...ue excludes a child from a city-sponsored tournament under one of its eligibility rules, and the child's parent brings a Fourteenth Amendment equal protection claim. Which statement is most accurate? The best answer avoi...
Citations: U.S. Const. amend. XIV, Brentwood Academy v. Tennessee Secondary School Athletic Association, Lugar v. Edmondson Oil Co., Jackson v. Metropolitan Edison Co.
...a high-powered lens to photograph a resident through a small bathroom window while the resident was showering. The photographer kept the image on his phone and did not show it to anyone. If the resident sues for invasion...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...The chain planned to demand different packaging and stricter delivery windows than the bakery had required. The mill later delegated its bagging and delivery obligations to a warehouse company without the bakery's consen...
Citations: UCC 2-210, NCBE NextGen UBE Content Scope, Contracts
...adding a disclaimer of all implied warranties and a shorter delivery window. The supplier then tried to revoke the original offer, arguing that the contractor's purchase order and the supplier's acknowledgment prevented...
Citations: UCC 2-104, UCC 2-205, UCC 2-206, UCC 2-207, NCBE NextGen UBE Content Scope, Contracts
...d, "How did you get into the house?" The suspect described breaking a window and entering. No Miranda warnings were given. Which statement is most accurate under Miranda? The best answer states the undercover jailhouse i...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Illinois v. Perkins, Miranda v. Arizona
.... The curtains burned completely, and flames charred part of a wooden window frame before sprinklers extinguished the fire. The apartment was in a building where the neighbor lived year-round. The tenant argues that he c...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1, Model Penal Code 221.1
...ic road. The officer kept the driver's license, stood by the driver's window, and asked, "Have you had anything to drink tonight?" The driver answered, "Three beers." The officer had not given Miranda warnings. Which sta...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, Berkemer v. McCarty
...e serious respiratory injury within 20 minutes unless the user opened windows and wore a respirator. The front label said, "Powerful solvent. Use carefully." The back label said, "Avoid prolonged exposure," but did not m...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts: Products Liability
...ow Damon got past the pharmacy alarm. Damon described breaking a rear window and taking prescription drugs. During the same conversation, Damon also volunteered that he had robbed a gas station the previous week. No char...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States, Brewer v. Williams, Texas v. Cobb, Montejo v. Louisiana
...In fact, the sculpture he wanted had not been sold. Ian broke a side window, entered the gallery, and carried out the sculpture. While leaving, he also picked up a laptop that looked like his own laptop, which he had br...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04, Model Penal Code 2.08
...r two years and, every time, stopped at the painted line, lowered his window, scanned his badge, and waited for the green light before moving. No witness remembers whether he stopped on the day of the collision. Which st...
Citations: Fed. R. Evid. 406
...inside and a crash that sounded like breaking glass. Through a front window, an officer saw a person lying on the floor and another person carrying a backpack toward the kitchen. The officers entered without knocking. T...
Citations: U.S. Const. amend. IV, Payton v. New York, Brigham City v. Stuart, Kentucky v. King, Maryland v. Buie, Horton v. California
...directly behind the house. From there, they looked through a basement window and saw grow lights. Later that night, standing on a public road, an officer used a thermal-imaging device not commonly available to the public...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Katz v. United States, Florida v. Jardines, Kyllo v. United States, United States v. Dunn, Oliver v. United States
USABarPrep Coach