...ding self-defense, initial-aggressor limits, any duty to retreat, and defense of others. This essay...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04, Model Penal Code 3.05
...ibes the passenger's defense-of-others privilege? This question tests defense of others. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...eaking it. Pat sues Devin for battery. Devin asserts self-defense and defense of others. Pat argues that any privilege ended once the bottle was dropped. Analyze Devin's privilege defenses for the shove and the later sto...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...defense? The best answer states the modern reasonable-belief rule for defense of others. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.05
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.05
...accepted immediately. Analyze the buyer's and contractor's potential defenses based on misrepresentation, nondisclosure, mistake, and risk allocation. This essay tests misrepresentation, nondisclosure, mutual mistake, u...
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
...ries asked the defendant to identify facts supporting its affirmative defenses. Others asked for sales figures that could be derived from thousands of invoices already maintained in the defendant's ordinary accounting sy...
Citations: Fed. R. Civ. P. 33
Malik was charged with armed robbery of a delivery driver. His defense was mistaken identity. Malik subpoenaed Jada, who would testify that she saw another man drop a handgun and delivery bag in an alley two blocks away...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips
...y a week later without him. Which statement best describes the effect of withdrawal? The best answer states the usual effect of withdrawal from conspiracy. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.03
...owner is charged with aggravated battery. Analyze Serena's entrapment defense and the pawnshop owner's defense-of-property argument. This essay tests entrapment, predisposition, inducement, and the limits on defense of p...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.13, Model Penal Code 3.06
...oning risk. Which statement best describes the buyer's mutual-mistake defense? The best answer states the mutual-mistake rule and the risk-allocation limit. Restatement (Second) of Contracts 151, Restatement (Second) of...
Citations: Restatement (Second) of Contracts 151, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 154, 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 shown...
Citations: Restatement (Second) of Contracts 153, NCBE NextGen UBE Content Scope, Contracts
...igned a purchase contract. Which statement best describes the buyer's defense? The best answer states the elements for avoiding a contract based on misrepresentation. Restatement (Second) of Contracts 159, Restatement (S...
Citations: Restatement (Second) of Contracts 159, Restatement (Second) of Contracts 161, Restatement (Second) of Contracts 164, NCBE NextGen UBE Content Scope, Contracts
...e refusal affect damages? This question tests mitigation as a damages defense. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
.... Analyze illegality, public policy, licensing, and unconscionability defenses in these transactions. This essay tests illegality, public policy, licensing violations, and unconscionability. Restatement (Second) of C...
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
A store owner saw a thief run out of the store carrying a boxed television. The thief was twenty feet away, running toward an empty alley, and had not threatened anyone. The owner shouted, "Stop or I will shoot." When th...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.06
After voluntarily drinking a large amount of whiskey, a man entered a warehouse at night, picked up a toolbox, and walked toward the loading dock. When a guard stopped him, the man swung the toolbox and struck the guard...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.08
...f pressure. Which statement best describes the assistant's entrapment defense under the common subjective test? The best answer states the common subjective entrapment test. NCBE NextGen UBE Content Scope, Criminal Law...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.13
...clothing bars recovery. Analyze the driver's contributory-negligence defense and Jordan's last-clear-chance response. This essay tests contributory negligence and the last-clear-chance exception. NCBE MBE Subject Matter...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Because of a severe psychotic disorder, a defendant believed that his neighbor had been replaced by a metal robot. The defendant struck the neighbor with a hammer, killing him. The defendant is charged with murder and ra...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
...lary, larceny, and property damage. Analyze Lane's potential insanity defense under the M'Naghten, irresistible-impulse, and Model Penal Code substantial-capacity approaches. Also explain how insanity differs from compet...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01
...s consent. Which statement best describes the city's intentional-tort defense? This question tests public necessity. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...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, necessaries, r...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
...the 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...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
...scue doctrine as a response to contributory-negligence and assumption-of-risk arguments. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
USABarPrep Coach