...s the governing First Amendment standard? The best answer applies the commercial-speech framework rather than treating advertising as either unprotected or fully equivalent to political speech. U.S. Const. amend. I, Cent...
Citations: U.S. Const. amend. I, Central Hudson Gas & Electric Corp. v. Public Service Commission
...r the First Amendment. Analyze the company's claims. This essay tests commercial speech, misleading advertising, compelled disclosures, and compelled ideological speech. U.S. Const. amend. I, Central Hudson Gas & Electri...
Citations: U.S. Const. amend. I, Central Hudson Gas & Electric Corp. v. Public Service Commission, Zauderer v. Office of Disciplinary Counsel, National Institute of Family and Life Advocates v. Becerra, West Virginia State Board of Education v. Barnette
A buyer sued one co-owner of a commercial lot in federal court for specific performance of a sale contract. A second co-owner, who did not sign the contract, claims an ownership interest that could be impaired if the cou...
Citations: Fed. R. Civ. P. 19
A commercial contract contains a valid clause requiring suit in the federal District of State M. The plaintiff files in the federal District of State N, where venue is otherwise proper under Section 1391. How is the clau...
Citations: Atlantic Marine Construction Co. v. U.S. District Court, 28 U.S.C. 1404(a)
A defendant signed a commercial contract agreeing that any lawsuit arising from the contract may be filed in State R courts. The plaintiff later sues there on the contract. What is the best personal-jurisdiction argument...
Citations: General personal-jurisdiction consent principles
A baker wanted to buy a warehouse for a new commercial kitchen. The owner signed a writing granting the baker the exclusive right to buy the warehouse for $900,000 at any time during the next 60 days. The baker paid $500...
Citations: Restatement (Second) of Contracts 25, Restatement (Second) of Contracts 87, Restatement (Second) of Contracts 90, UCC 2-205
...ower signs a security agreement covering "all general intangibles and commercial tort claims, whether now owned or later acquired." At signing, the borrower has no tort claims. Six months later, the borrower suffers busi...
Citations: UCC 9-108, UCC 9-204
A buyer accepted a commercial oven after a reasonable inspection. Two weeks later, an internal wiring defect that could not have been discovered during inspection caused the oven to shut down repeatedly, substantially im...
Citations: UCC 2-607, UCC 2-608, NCBE NextGen UBE Content Scope, Contracts
...m display racks priced at $200 each. The seller resold the racks in a commercially reasonable sale for $150 each and incurred $600 in reasonable storage and resale expenses. The seller saved $300 in delivery costs. Which...
Citations: UCC 2-703, UCC 2-706, UCC 2-710, NCBE NextGen UBE Content Scope, Contracts
A coastal commission prohibits all building, farming, leasing, and commercial use of a privately owned beachfront lot after finding that the lot is in a rapidly eroding dune field. The owner asserts that the parcel now h...
Citations: U.S. Const. amend. V, Lucas v. South Carolina Coastal Council
A merchant seller's invoice for commercial refrigerators stated in fine print on the back, "Seller disclaims all implied warranties." The word merchantability did not appear, and the language was not set off from other t...
Citations: UCC 2-316, NCBE NextGen UBE Content Scope, Contracts
A restaurant told a commercial kitchen supplier that it needed floor tiles suitable for a high-grease kitchen. The supplier, a merchant in restaurant fixtures, showed the restaurant a sample tile and said, "This model is...
Citations: UCC 2-313, UCC 2-314, UCC 2-315, UCC 2-316, NCBE NextGen UBE Content Scope, Contracts
A secured party has repossessed collateral and scheduled a commercially reasonable sale. The debt has been accelerated. Which statement best describes the debtor's Article 9 redemption right? The question tests Article 9...
Citations: UCC 9-623
A secured party has repossessed commercial equipment and plans to sell it in a private sale after default. What is the general Article 9 notification requirement before disposition? The question tests pre-disposition not...
Citations: UCC 9-611, UCC 9-613
Bank repossessed Printing Co.'s commercial printing press after default. Printing Co. owed Bank $180,000. Bank sent Printing Co. an email on Monday stating, "The press will be sold soon. Contact us if interested." Bank d...
Citations: UCC 9-610, UCC 9-611, UCC 9-612, UCC 9-613, UCC 9-626
Equipment Lender financed Debtor's purchase of commercial kitchen equipment. The security agreement provided that Debtor would pay $9,000 on the first day of each month, that a payment more than 10 days late was a defaul...
Citations: UCC 9-601, UCC 1-304, UCC 1-309
Greenway Foods hired Tara, a commercial real estate broker, to locate a warehouse for a new distribution center. Tara found a warehouse listed for $2 million. Before telling Greenway about the listing, Tara formed an LLC...
Citations: Restatement (Third) of Agency sections 8.01, 8.02, 8.05
Owner bought a house in a residential district knowing that commercial uses were prohibited. Owner asks for a use variance to operate a coffee shop, arguing that the coffee shop would earn more money than renting the hou...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...theory? This question tests unauthorized use of name or likeness for commercial advantage. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...residential use. A later buyer with record notice begins operating a commercial event venue on a lot. A neighbor seeks an injunction. Which rule is most relevant? The correct answer states the common equitable-servitude...
Citations: NCBE MEE Subject Matter Outline
...r the call and the recorded voice has the same distinctive accent and speech pattern. Which statement is most accurate? The correct answer applies voice-identification authentication. Fed. R. Evid. 901(b)(5)
Citations: Fed. R. Evid. 901(b)(5)
...competitor. The interview notes say the applicant "knows every large commercial client in the region," but they do not say whether she has copied or memorized confidential price terms. The Library contains one case allo...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...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. The File includes Maria's email, the lease, photos...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...its the 18 percent rate in the loan and states a policy of supporting commercial lending by State M banks. The contract contains no choice-of-law clause. Borrower sues Bank in State L court, seeking to avoid the interest...
Citations: Restatement (Second) of Conflict of Laws, Modern governmental-interest analysis
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