...to deliver as promised and the nonbreaching party incurred substitute-performance costs. Two legally significant facts point in different directions and the decision maker must determine which fact controls. The opponent...
Citations: Hadley v. Baxendale, Restatement contract remedies, UCC Article 2 remedies
Olivia, a widow, died intestate with a $600,000 probate estate. She had two children, Rachel and Theo. Rachel was injured in the same accident that killed Olivia and died 48 hours after Olivia, leaving one child, Sophie...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Probate Code survival and slayer principles
...er had inquiry notice. The key event occurred after warnings, partial performance, and a written objection by the affected party. The opponent argues that the objection came too late to preserve the issue. How should the...
Citations: Recording acts, Mortgage and registry principles
...onal account manager with access to customer lists, but the agreement covers the entire state even though the employee worked only in three counties. A student plans to emphasize the customer-list fact and omit the techn...
Citations: NCBE MPT preparation materials, NCBE MPT sample performance task guidance
...d how to balance completeness with a concise work product. This essay tests response to specific MPT formatting instructions under time pressure. NCBE MPT preparation materials, NCBE MPT test-day instructions
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...Using the spreadsheet, police identified a buyer who later agreed to testify. Two days later, police obtained a warrant for the apartment based partly on the spreadsheet and partly on information from an independent con...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Minnesota v. Olson, Minnesota v. Carter, Georgia v. Randolph, Murray v. United States, Nix v. Williams
...hosen for convenience. The key event occurred after warnings, partial performance, and a written objection by the affected party. The opponent argues that the objection came too late to preserve the issue. How should the...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...estimony that the final decisionmaker had previously warned her about performance. The employer argues that the manager cannot prove retaliation because the review and spreadsheet provide a lawful reason for termination...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(c), Anderson v. Liberty Lobby, Inc., Matsushita Elec. Indus. Co. v. Zenith Radio Corp.
Daniel, a widower, died intestate with a $900,000 probate estate. He had three children: Alice, Ben, and Clara. Alice survived Daniel. Ben died before Daniel, leaving two children, Mira and Noel, both of whom survived Da...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Probate Code representation principles
...vocacy, factual accuracy, and the need for a clear demand. This essay tests formatting and tone for a demand or settlement communication. NCBE MPT preparation materials, NCBE MPT test-day instructions
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...one required element. The key event occurred after warnings, partial performance, and a written objection by the affected party. The opponent argues that the objection came too late to preserve the issue. How should the...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
...damaged. Which intentional tort best fits these facts? This question tests trespass to chattels for temporary impairment of a laptop. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...the guard." How should the court analyze the items? Discuss hearsay, testimonial statements, the Confrontation Clause, machine data, and possible ways to admit admissible portions. This essay tests hearsay basics in a c...
Citations: Fed. R. Evid. 801, Fed. R. Evid. 802, U.S. Const. amend. VI, Fed. R. Evid. 901
...sibility for the interference, the effect of Tenant's remaining in possession for two months, and the likely rent and damages consequences. This essay tests quiet enjoyment, actual eviction, constructive eviction, and re...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...nse and the pawnshop owner's defense-of-property argument. This essay tests entrapment, predisposition, inducement, and the limits on defense of property. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.13, Model Penal Code 3.06
...This essay tests express conditions, prevention, waiver, substantial performance, and material breach. Restatement (Second) of Contracts 224, Restatement (Second) of Contracts 225, Restatement (Second) of Contracts 22..
Citations: Restatement (Second) of Contracts 224, Restatement (Second) of Contracts 225, Restatement (Second) of Contracts 229, Restatement (Second) of Contracts 237, NCBE NextGen UBE Content Scope, Contracts
...of facts, treatment of the 38-day delay, organization under the legal test, use of the two cases, and the specific relief the brief should request. This essay focuses on persuasive fact presentation and adverse fact mana...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...ent, declared a default, accelerated the entire debt, and demanded possession of the equipment. Debtor argues that Equipment Lender's repeated acceptance of late payments waived strict enforcement or at least required ad...
Citations: UCC 9-601, UCC 1-304, UCC 1-309
...ing Lake Cabin. Two years after A's death, B died. C then demanded possession from Buyer. Buyer argues that A's warranty deed gave Buyer fee simple title, or at least the right to possess for Buyer's life. Discuss the in...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...sed gasoline pumps, extended hours, and parking expansion. This essay tests protection and limits of prior nonconfo...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...ooking, spontaneous statements, waiver, and voluntariness. This essay tests the public-safety exception, booking questions, spontaneous statements, waiver, and voluntariness. N...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Miranda v. Arizona, New York v. Quarles, Pennsylvania v. Muniz, Rhode Island v. Innis
...task calls for them. NCBE MPT preparation materials, NCBE MPT sample performance task guidance
Citations: NCBE MPT preparation materials, NCBE MPT sample performance task guidance
...ree years." Tenant did not reserve any right to reenter or receive possession before the lease ended. Landlord learned of the transfer, objected by email, but then accepted rent checks directly from Boutique for eight mo...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...pit that had been operated by O before the conveyance. During A's possession, A cut and sold half of the walnut trees to pay personal debts, stopped paying property taxes for two years, continued selling gravel from the...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
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