...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
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
...cause the legal analysis matters more than format. Assume the student may be assigned an objective memorandum, a client opinion letter, a persuasive brief, or a demand letter. Each task is 90 minutes and includes a File...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...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
...morandum to a supervising attorney analyzing whether a daycare center may be liable for negligent hiring after an employee injured a child. The File contains an incident report, a prior complaint about the employee, a cl...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...he nonprofit is "legally in the clear." The director asks whether she may forward your legal analysis to the donor and to all board members. The Library contains a statute enforcing volunteer waivers for ordinary neglige...
Citations: NCBE MPT preparation materials, NCBE MPT overview
The File includes a client admission that weakens one element under the Library's legal test. The admission is directly relevant to the assigned issue. What should the examinee do with that fact? The correct answer descr...
Citations: NCBE MPT preparation materials
The task memo says, "Do not include a separate statement of facts. Address the two legal issues under separate headings." The file contains several facts needed to apply the legal rules. What should the examinee do? The...
Citations: NCBE MPT preparation materials
...'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
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
...calculating guideline support, the judge believes a different amount may be appropriate because the child has unusual therapy expenses and one parent pays work-related child care. What best describes the guideline's eff...
Citations: State child-support guideline principles
An MPT Library for a wrongful-termination problem includes a Franklin statute with three elements for protected whistleblower activity, a Franklin Supreme Court case applying the statute to an employee who reported safet...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...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)
...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
...who supervised the paralegal that day, can be personally liable. (a) May the bicyclist collect from Diaz personally? (b) If Diaz pays more than Diaz's share, what internal rights may Diaz have? Tests personal partner li...
Citations: Uniform Partnership Act and Revised Uniform Partnership Act principles
...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
...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)
...vidence tends to make a consequential fact more or less probable, but may be excluded when unfair prejudice, confusion, delay, or waste substantially outweighs probative value. Identify the fact of consequence, inferenti...
Citations: FRE 401, FRE 402, FRE 403
...te one paragraph for each case, ending each paragraph with "This case may help or hurt." The student will then add a final paragraph saying the store "could be liable." How should the student structure the discussion ins...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...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
...ia, the owner of a neighborhood cafe. Maria wants to know whether she may stop paying rent and terminate her five-year commercial lease because the landlord has failed to repair the building's air-conditioning system. Th...
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
...s income. Parent 1 asks the court to impute Parent 2's former salary, include net rental income, and divide child-care and medical costs in proportion to income. Discuss how the court should determine Parent 2's income f...
Citations: State child-support guideline principles, Uniform family-law principles
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