A newspaper accurately reported that the mayor owned a hidden financial interest in a company bidding on a city contract. The story relied on business filings and explained that the mayor had participated in the vote app...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...t a letter to a client who owns a duplex. The client asks whether she may keep a tenant's security deposit after discovering pet damage and whether she must send the tenant a written itemization by a statutory deadline...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...fy overriding the parent's custody right. Discuss whether Grandmother may obtain custody over Parent's objection and whether any visitation or transition order may be appropriate. This question tests third-party custody...
Citations: Troxel v. Granville, 530 U.S. 57 (2000), NCBE MEE Subject Matter Outline, Family Law
...ver a defect is discovered. Which defenses, if any, are waived? Which may still be raised? Discuss the Rule 12 consolidation and waiver rules and how the court should resolve each defense. This essay tests consolidation...
Citations: Fed. R. Civ. P. 12(b), Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
...hat because the case includes an injunction and rescission, the judge may decide all issues without a jury. How should the court resolve the jury-trial issues? Discuss the legal and equitable claims, Rule 38 timing and w...
Citations: Fed. R. Civ. P. 38, Fed. R. Civ. P. 39, Beacon Theatres, Inc. v. Westover, Dairy Queen, Inc. v. Wood
...than 25 people using amplified sound after 8 p.m. The permit official may deny a permit if the official believes the event would be "inconsistent with the city's image" or would "create excessive controversy." No deadlin...
Citations: U.S. Const. amend. I, Perry Education Association v. Perry Local Educators' Association, Ward v. Rock Against Racism, Reed v. Town of Gilbert, Forsyth County v. Nationalist Movement
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