...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
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
...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
...ederal statutory claim against ForeignCo in federal court. Which rule may supply personal jurisdiction if constitutional requirements are met? The correct answer states the federal long-arm rule in Rule 4(k)(2). Federal...
Citations: Federal Rule of Civil Procedure 4(k)(2)
...'s housing, school options, and health insurance. Discuss which state may modify the custody decree and how the court should analyze the proposed relocation and parenting schedule. This question tests custody modificatio...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act sections 202, 203, 207, NCBE MEE Subject Matter Outline, Family Law
...ased a ground-floor bakery space to Tenant for three years. The lease included the bakery room and a rear storage room. Six months into the lease, Landlord locked the rear storage room and used it for building supplies...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
After Maya won a local marathon, a running magazine asked to interview her for a profile about amateur athletes. Maya signed a release allowing the magazine to publish photographs "with the profile story." The magazine p...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...on these facts, and all persons who qualify as descendants satisfied any 120-hour survival requirement. Which claimants should be treated as Diego's descendants for intestate succession, and which should not? Explain. T...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Probate Code parent-child relationship provisions
...adoption is in the child's best interests. Discuss whether the court may grant Stepparent's adoption petition over Father's objection. Address consent, abandonment or failure to support, due process, proof, and best int...
Citations: NCBE MEE Subject Matter Outline, Family Law, Santosky v. Kramer, 455 U.S. 745 (1982), Troxel v. Granville, 530 U.S. 57 (2000)
...nveys land "to Museum, but if alcohol is ever sold on the premises, O may enter and terminate the estate." Museum later permits wine to be sold at a fund-raiser. Before O takes any action, what interests exist? The corre...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...that schedule. The state third-party visitation statute says a court may award visitation whenever visitation would be in the child's best interests. Grandparents argue that their relationship is strong and that more ti...
Citations: Troxel v. Granville, 530 U.S. 57 (2000), NCBE MEE Subject Matter Outline, Family Law
...t should resolve legal custody, physical custody, parenting time, and any safety conditions. Apply best-interests principles. This question tests best-interests custody factors, joint legal custody, and safety restrictio...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act section 402
...er one parent should make major medical and school decisions and how many overnights the child should spend in each home. Which statement best distinguishes legal custody from physical custody? The question tests the dis...
Citations: NCBE MEE Subject Matter Outline, Family Law
...hout the separator. A retailer sold that scooter in its sealed box to Maya. Maya charged the scooter using the factory charger exactly as the manual instructed. While charging, the battery overheated, caught fire, and bu...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts: Products Liability
...er sent a letter threatening to sue if GreenSteps hires her. The File includes the applicant's employment agreement, her resume, GreenSteps's proposed job description, and interview notes. The agreement prohibits using c...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...e consistent with the diagnosis, and that a person with those results may agree to carry a package without appreciating its contents. Psychiatrist also proposes to say, "Defendant did not knowingly possess fentanyl and d...
Citations: Fed. R. Evid. 704, Fed. R. Evid. 702, Fed. R. Evid. 403
...eatened lawsuit. The File facts are mostly favorable, but the Library includes one case that supports the client and one case that creates a meaningful risk if a disputed fact is proved. Which approach is best for an opi...
Citations: NCBE MPT preparation materials
A software vendor agreed to install an inventory system by May 1. The vendor delivered a working system on May 2, but one minor report format needed correction. The buyer refused to pay the entire contract price and canc...
Citations: Restatement (Second) of Contracts 237, Restatement (Second) of Contracts 241, NCBE NextGen UBE Content Scope, Contracts
An MPT asks you to draft a client letter about whether a nonprofit may remove a director for missing meetings. The Library includes a Franklin nonprofit statute, two Franklin cases, and an office instruction sheet saying...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...mo asks you to draft an objective memorandum analyzing whether 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...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...on and recoverable damages under the traditional negligence approach. Include any causation or damages limits that the court should consider. This essay tests probabilistic proof of actual cause and future medical damage...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...the crash. Analyze causation and damages. Identify which losses Lena may recover and any limits on recovery. This essay tests thin-skull causation and damages for aggravation of a preexisting condition. NCBE MBE Subject...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
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