...orium on new subdivision approvals while it studies traffic and water-capacity limits. Landowner claims the moratorium is automatically a compensable taking because it temporarily prevents development. What is the best a...
Citations: NCBE MEE Subject Matter Outline, Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
Two adults with capacity obtain a marriage license and hold a ceremony before a person they reasonably believe is authorized to officiate. After years of living as spouses, they learn that the officiant's authorization p...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act sections 201, 207
...tempting to cancel that lease based on infancy. Analyze the student's capacity defenses and likely liabilities on the laptop contract, the dental bill, and the studio lease. This essay tests infancy, disaffirmance, neces...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
...usual market rate. The minor later refused to pay, asserting lack of capacity. Which statement best describes the hospital's recovery? The best answer applies the necessaries exception for minors. Restatement (Second) o...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
A medical-device company contracted with a supplier for custom sensors needed to complete ventilators for a hospital system. Two weeks before delivery, after the supplier had already manufactured the sensors, the supp...
Citations: Restatement (Second) of Contracts 174, Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, Restatement (Second) of Contracts 177
A seller contracted to deliver a unique machine part to a buyer for $40,000. On the day delivery was due, the seller refused to deliver unless the buyer signed a modification increasing the price to $60,000. The selle...
Citations: Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, NCBE NextGen UBE Content Scope, Contracts
A 16-year-old bought a racing bicycle from a sporting-goods store for $1,800 on credit. Six months later, while still 16, she notified the store that she was canceling the contract and offered to return the bicycle, w...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
A buyer agreed to purchase a small apartment building from a seller. Before signing, the buyer asked whether the basement had ever flooded. The seller replied, "Not during my ownership," even though the basement had f...
Citations: Restatement (Second) of Contracts 159, Restatement (Second) of Contracts 161, Restatement (Second) of Contracts 164, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 153, Restatement (Second) of Contracts 154
A buyer and seller contracted for the sale of a parcel that both believed could be used for a four-unit apartment building. Unknown to both, a zoning amendment adopted the week before signing limited the parcel to sin...
Citations: Restatement (Second) of Contracts 151, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 154, NCBE NextGen UBE Content Scope, Contracts
A consumer bought a refrigerator from an appliance dealer under a preprinted installment contract. The salesperson rushed the consumer through signing, refused to permit review of the back page, and said the terms wer...
Citations: Restatement (Second) of Contracts 208, UCC 2-302, NCBE NextGen UBE Content Scope, Contracts
A contractor submitted a written bid of $82,000 for a school renovation. The next lowest bid was $124,000. The school board's purchasing officer noticed that the contractor's bid appeared to omit the HVAC line item sh...
Citations: Restatement (Second) of Contracts 153, NCBE NextGen UBE Content Scope, Contracts
A homeowner selling a house told a buyer, "The roof has never leaked." The homeowner knew that the roof leaked during heavy rain and had placed buckets in the attic during the most recent storm. Before showings, the h...
Citations: Restatement (Second) of Contracts 159, Restatement (Second) of Contracts 161, Restatement (Second) of Contracts 164, NCBE NextGen UBE Content Scope, Contracts
A restaurant owner agreed to pay a consultant $15,000 if the consultant would "take care of" a failed health inspection by giving the inspector cash and persuading the inspector to change the report. The consultant di...
Citations: Restatement (Second) of Contracts 178, Restatement (Second) of Contracts 179, Restatement (Second) of Contracts 208, UCC 2-302, NCBE NextGen UBE Content Scope, Contracts
...hich statement is most accurate? The best answer applies the mental-incapacity defense and the buyer's reason to know. Restatement (Second) of Contracts 15, NCBE NextGen UBE Content Scope, Contracts
Citations: Restatement (Second) of Contracts 15, NCBE NextGen UBE Content Scope, Contracts
An elderly aunt relied on her nephew for transportation, grocery shopping, and help paying bills. The nephew repeatedly urged her to sell him stock worth $90,000 for $25,000, told her that no one else cared about her...
Citations: Restatement (Second) of Contracts 177, NCBE NextGen UBE Content Scope, Contracts
...son was slurring his words and could not read the bid sheet. Analyze capacity defenses for the book sale, the watch purchase, and the painting purchase, including any restitution issues. This essay tests mental incapaci...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 15, Restatement (Second) of Contracts 16, NCBE NextGen UBE Content Scope, Contracts
At a charity auction, a patron consumed several drinks, slurred his words, and repeatedly asked the auctioneer what item was being sold. The auctioneer saw the patron's condition but accepted his signed bid for a scul...
Citations: Restatement (Second) of Contracts 16, NCBE NextGen UBE Content Scope, Contracts
...best describes modern law? The question tests modern spousal property capacity during marriage. NCBE MEE Subject Matter Outline, Family Law
Citations: NCBE MEE Subject Matter Outline, Family Law
...ouple later moved, recognizes common-law marriage if the parties have capacity, present intent to be married, cohabitation, and public holding out. Alex now seeks a declaration that there was never any marriage and that...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act sections 207, 209
...ted outside State E. The surcharge revenue is used to expand landfill capacity and monitor groundwater. An out-of-state waste hauler challenges the surcharge solely under the dormant Commerce Clause. Which statement is m...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Prudential Insurance Co. v. Benjamin, Western & Southern Life Insurance Co. v. State Board of Equalization
...the M'Naghten, irresistible-impulse, and Model Penal Code substantial-capacity approaches. Also explain how insanity differs from competency to stand trial and from a failure of mens rea. This essay tests the major insan...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
...e children. The business tripled in value. Fiancee has modest earning capacity and asks the court to divide marital property and award maintenance. Fiance asks the court to enforce the premarital agreement. Discuss the a...
Citations: Uniform Premarital Agreement Act sections 2, 6, Uniform Premarital and Marital Agreements Act sections 9, 10, NCBE MEE Subject Matter Outline, Family Law
...st one party participated in good faith and the parties otherwise had capacity. Jordan later seeks an annulment, arguing that the expired license and unauthorized officiant mean there was no marriage. Morgan seeks divorc...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Marriage and Divorce Act sections 201, 207
...ed a valid trust of the investment accounts. This essay tests intent, capacity, and undue influence in trust formation. NCBE MEE Subject Ma...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code section 402, Uniform Trust Code section 406
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