...ion, RefineryCo's outside litigation counsel hired an investigator to interview night-shift workers. The investigator obtained signed witness statements three days after the explosion. Counsel also wrote a memorandum sum...
Citations: Fed. R. Civ. P. 26(b)(3), Fed. R. Evid. 502
...iver had already sent a demand letter. A month later, company counsel interviewed the same witnesses, wrote notes evaluating their credibility, and emailed the risk manager legal advice about settlement exposure. The wit...
Citations: Fed. R. Civ. P. 26(b)(3), Fed. R. Civ. P. 26(b)(5), Fed. R. Evid. 502, Hickman v. Taylor, Upjohn Co. v. United States
A brief supports a motion to set aside default. The record helps the client because she quickly contacted counsel after learning of default, but it also shows she failed to check the docket for 38 days. How should the br...
Citations: NCBE MPT preparation materials
...d of robbery argues that trial counsel was ineffective for failing to interview a known alibi witness and for making no strategic explanation for that failure. Which statement best describes the ordinary standard for ine...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington
In a federal securities suit, corporate counsel interviewed lower-level accounting employees after management discovered possible revenue-recognition errors. Counsel told the employees the interviews were confidential an...
Citations: Fed. R. Civ. P. 26(b)(1), Fed. R. Civ. P. 26(b)(5), Upjohn Co. v. United States
...letter threatening suit. The owner's lawyer hired an investigator to interview a security guard who saw the explosion. The investigator obtained a signed factual statement from the guard. Before discovery began, the gua...
Citations: Fed. R. Civ. P. 26(b)(3), Hickman v. Taylor
A task memo asks for an opinion letter to the client about a threatened contract dispute. A student wants to address the letter to opposing counsel and threaten immediate litigation because the client's position is fairl...
Citations: NCBE MPT preparation materials
...e email exchange in discovery. Which statement is most accurate? The correct answer states the basic attorney-client privilege elements. Fed. R. Evid. 501
Citations: Fed. R. Evid. 501
Corporate counsel asks a plant technician to describe a machine failure so counsel can advise the company about legal exposure. The technician sends counsel a confidential memo describing what happened. A plaintiff seeks...
Citations: Fed. R. Evid. 501
Nina was arrested for armed robbery and taken to an interview room. A detective read the full Miranda warnings from a card. Nina said she understood. When asked whether she would talk, Nina shrugged and said, "I guess so...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, Edwards v. Arizona, Davis v. United States, Michigan v. Mosley, Berghuis v. Thompkins
TechCo is sued in federal court for securities fraud after a product launch failed. TechCo's general counsel directed engineers to write memoranda explaining when they learned of defects so counsel could advise the board...
Citations: Fed. R. Evid. 501, Fed. R. Evid. 502
...tor, an officer drove the victim to the station. There, in a recorded interview, she described earlier assaults and said Victor kept cocaine in a bedroom drawer. Before trial, the victim disappeared. Prosecutors have evi...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington, Davis v. Washington, Melendez-Diaz v. Massachusetts, Giles v. California
...age dispute. The file shows that the employer failed to pay overtime for six weeks, but also shows that the employee's time records contain two obvious errors. The library includes a statute allowing double damages for w...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...d to human resources; and all notes prepared by company counsel after interviewing employees once litigation was threatened. The employer objected that the requests were overbroad, disproportionate, privileged, and undul...
Citations: Fed. R. Civ. P. 26(b)(1), Fed. R. Civ. P. 26(b)(5), Fed. R. Civ. P. 26(c), Fed. R. Civ. P. 34(b)
...a city violated a vendor's permit rights. The File contains a client interview, three permit notices, two inspection reports, a newspaper article about street vendors, and an email from the city clerk. The Library conta...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...ter a landlord shut off heat. The File includes the tenant's detailed interview, a repair invoice, a city inspector's notice, three rent receipts, and a landlord email stating, "I turned off heat because she was two mont...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...er a city may revoke a food truck permit. The File includes: a client interview, the permit application, three inspection reports, a text message from the owner admitting one missed inspection, a newspaper article critic...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
Client asks Lawyer, "How can I move the company records so the subpoena team never finds them?" The communication is later sought in federal court. Client asserts attorney-client privilege. Which statement is most accura...
Citations: Fed. R. Evid. 501
Client receives a privileged legal memo from Lawyer about regulatory risk. Client forwards the memo to a potential lender during financing negotiations and writes, "This should make you comfortable funding the deal." The...
Citations: Fed. R. Evid. 501, Fed. R. Evid. 502
...ent agreement, her resume, GreenSteps's proposed job description, and interview notes. The agreement prohibits using confidential customer lists for one year, but it does not bar employment by a competitor. The interview...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...he facts and cases, but has not typed any answer. The task memo asks for a letter to opposing counsel demanding payment and explaining why the client's claim is strong. The File includes a contract, invoices, emails admi...
Citations: NCBE MPT preparation materials, NCBE MPT overview
An examinee opens an MPT and sees that the task memo asks for a client letter, but the examinee usually writes every practice answer as an objective memorandum. Which statement is most accurate? The correct answer identi...
Citations: NCBE MPT preparation materials
An MPT task memo asks for a client letter answering three questions: whether a tenant may terminate a lease, whether the tenant may recover repair costs, and what notice the tenant must send before taking action. After 3...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...federal discovery, Defendant accidentally produces one privileged attorney-client email among 40,000 reviewed documents. Defendant had used keyword screening and attorney review before production, discovered the error t...
Citations: Fed. R. Evid. 502(b)
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