A creditor obtained a personal judgment against one partner for an unrelated car loan. The creditor wants to collect by taking partnership equipment and voting the debtor partner's interest to force a sale of the busines...
Citations: Uniform Partnership Act and Revised Uniform Partnership Act principles
A defendant maliciously set fire to curtains inside another person's occupied house. The flames charred a wooden window frame before being extinguished. Which statement best describes common-law arson? The best answer st...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1
A person falsely told a neighbor he needed to borrow the neighbor's camera for one hour to photograph storm damage. The neighbor handed over the camera but expected it back the same day. The person immediately sold it. W...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3
At midnight, a defendant opened a closed but unlocked window of another person's house, climbed inside intending to steal jewelry, and was caught before touching anything. Which statement best describes common-law burgla...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1
...'s interest to sell the business. What is the creditor's usual remedy against the limited partner's interest? The charging order gives a personal creditor access to distributions without disrupting LP ownership and gover...
Citations: Uniform Limited Partnership Act principles
...d a statute giving any college student a federal civil damages action against a person who commits a bias-motivated assault on or within 500 feet of a college campus. The statute applies to public and private colleges, c...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison
...United States as a whole. Plaintiff brings a federal statutory claim against ForeignCo in federal court. Which rule may supply personal jurisdiction if constitutional requirements are met? The correct answer states the...
Citations: Federal Rule of Civil Procedure 4(k)(2)
Janelle filed a federal diversity action in the District of State D against NorthCable Corp. NorthCable is incorporated and headquartered in State E. The contract was negotiated, signed, and performed entirely in State F...
Citations: 28 U.S.C. 1406, Fed. R. Civ. P. 12(b)(3), Fed. R. Civ. P. 12(h)
A collector owned a rare watch. A jeweler falsely told the collector, "I need to inspect the watch for one hour to confirm whether it is real," while intending to sell it. The collector handed over the watch but said, "B...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.3, Model Penal Code 223.8
...mpany manager was authorized to collect customer payments and deposit them weekly into the company's account. After receiving $12,000 in customer payments, the manager used $5,000 to pay his personal rent, planning to re...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.6
A nonprofit treasurer had authority to hold donation checks in the nonprofit's bank account and pay approved expenses. The treasurer transferred $6,000 of donation money to his personal account and used it for a vacation...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.8
...ach deny personal liability. Buyer argues that Bank's only remedy was against the land because Buyer took title subject to the mortgage. Investor argues that Bank was not a party to the deed containing the assumption cla...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...rson's fire. Analyze causation and damages in Pat's negligence claims against Dana and Eli. This essay tests concurrent sufficient causes and damages for indivisible property loss. NCBE MBE Subject Matter Outline, Torts...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...deliveries, he negligently hit a pedestrian. In the pedestrian's suit against the pharmacy, which statement is most accurate? The driver was still on an assigned delivery route and made a brief personal stop. That looks...
Citations: Restatement (Third) of Agency section 7.07
...w should the statute affect the bicyclist's ordinary negligence claim against the volunteer? This question tests statutory immunity as a negligence defense. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...Visitor moves to suppress the drugs solely because they will be used against him. Which statement is most accurate? The best answer states the personal nature of Fourth Amendment suppression claims. U.S. Const. amend. I...
Citations: U.S. Const. amend. IV, Rakas v. Illinois, Minnesota v. Olson, Minnesota v. Carter
...e. Separately, a judgment creditor of Sloane obtains a charging order against any remaining distribution rights Sloane has in RiverDock. What rights, if any, do Investor and the judgment creditor have? Discuss. This essa...
Citations: Revised Uniform Limited Liability Company Act principles
...gal negligently struck a bicyclist. The bicyclist obtained a judgment against C&D Legal Services. The partnership's assets are not enough to satisfy the judgment. The bicyclist now seeks to collect the unpaid amount from...
Citations: Uniform Partnership Act and Revised Uniform Partnership Act principles
...to participate further, and Supplier obtained a final money judgment against Buyer. Guarantor is a State C resident who signed a guaranty while visiting Buyer in State B. Guarantor had never been to State A, did no busi...
Citations: U.S. Constitution Article IV, Section 1, 28 U.S.C. 1738, Due process personal-jurisdiction principles
...ishment in the syllabus path Criminal Law and Procedure > Substantive Crimes. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Common...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
...ishment in the syllabus path Criminal Law and Procedure > Substantive Crimes. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Common...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. A party invokes an equitable or discretionary remedy after contributing to the problem. What is the best anal...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. Another actor changed position after relying on the relevant statement, document, or official action. Which a...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. One argument was preserved, while another was raised only later. Which result best accounts for preservation...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
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