...five years. The lease required Tenant to pay rent and stated, "Tenant may not assign or sublet without Landlord's written consent." Two years later, Tenant signed a document with Boutique transferring "all of Tenant's ri...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...Which statement is most accurate? The best answer treats the exaction functionally: a modest payment collected through the tax system that raises revenue and carries no criminal consequence is more likely within the taxi...
Citations: U.S. Const. art. I, sec. 8, cl. 1, National Federation of Independent Business v. Sebelius, Sonzinsky v. United States, Bailey v. Drexel Furniture Co.
...tinued only until Landlord accepted the January check and that Tenant may now leave at the end of January without further liability. Discuss the parties' rights and obligations. Address the type of tenancy created by the...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...not sign any equipment contract above $15,000 without Nina's written approval. Nina then introduced Maya to BeanWorks, a commercial-equipment vendor, as "the person handling our build-out purchases" and copied Maya on a...
Citations: Restatement (Third) of Agency sections 2.01, 2.03, 4.01
...on fined Jonah for installing the panels without formal architectural approval and scheduled a hearing to consider additional penalties. Jonah asks three questions: whether the association may fine him, whether the manag...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...s a 17-year-old to marry only with written parental consent and court approval. Taylor's parent signed a consent form, but no court approval was obtained. State D's statute provides that an underage marriage lacking requ...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act sections 203, 208
...nth from a mill for one year. The contract stated that "neither party may assign or delegate without written consent." After three months, the bakery assigned to a lender its right to receive any damages if the mill brea...
Citations: UCC 2-210, NCBE NextGen UBE Content Scope, Contracts
...three equal members. Its operating agreement provides that no person may become a member without unanimous member consent, but it does not restrict transfers of economic interests. Member Sloane sold "all of my interest...
Citations: Revised Uniform Limited Liability Company Act principles
...r board. Its bylaws require three directors for a quorum and majority approval of directors present at a meeting. The corporation's chief operating officer has signed ordinary supply contracts up to $250,000 for years wi...
Citations: NCBE MEE Business Associations outline, Model Business Corporation Act board-action principles
...element. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the likely result? Correct. A pleading must state a plausible claim, give fair notice...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
...bery. Separately, Congress enacted a statute providing that no person may serve in the House if the person has previously been censured by any state legislature. A candidate who is 35 years old, a seven-year citizen, and...
Citations: U.S. Const. art. I, sec. 2, U.S. Const. art. I, sec. 3, U.S. Const. art. I, sec. 5, U.S. Const. art. I, sec. 6, Powell v. McCormack, U.S. Term Limits, Inc. v. Thornton, Nixon v. United States
...traveled each day. The government argues that no warrant was required because the records were business records held by the carrier. Which statement is most accurate? The best answer applies Carpenter's warrant rule for...
Citations: U.S. Const. amend. IV, Carpenter v. United States
...$120,000, payable after the show. The contract stated, "Neither party may assign this contract without the other's written consent." Needing financing, the event company signed a document stating, "We assign to Bank our...
Citations: Restatement (Second) of Contracts 317, Restatement (Second) of Contracts 322, Restatement (Second) of Contracts 324, Restatement (Second) of Contracts 336, NCBE NextGen UBE Content Scope, Contracts
...e member, who is not a manager, signs a new supplier contract without approval. Which statement is most accurate? The correct answer distinguishes member-managed from manager-managed authority. Revised Uniform Limited Li...
Citations: Revised Uniform Limited Liability Company Act principles
...ase. The File shows that the tenant emailed a renewal notice two days before the deadline, but the lease required written notice "delivered to landlord's office." The landlord received and responded to the email before t...
Citations: NCBE MPT preparation materials, NCBE MPT sample performance task guidance
...es a profitable bakery. Its operating agreement states that no member may withdraw during the first two years except with unanimous consent, and that the LLC dissolves only upon unanimous written consent or sale of subst...
Citations: Revised Uniform Limited Liability Company Act principles
USABarPrep Coach