...terest in a candidate's health. Analyze the claim and the newspaper's defenses. Discuss publicity, private facts, offensiveness, truth, and legitimate public concern. This essay focuses on public disclosure of private fa...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...he author moved to amend the answer to add release and arbitration as defenses. The publisher moved to treat the unanswered allegations as admitted and to strike the "wrongful conduct" denial as evasive. The publisher al...
Citations: Fed. R. Civ. P. 8(b), Fed. R. Civ. P. 8(c), Fed. R. Civ. P. 12(f), Fed. R. Civ. P. 15
...ine. The defendant has identified two employees likely to support its defenses and has a spreadsheet calculating its claimed offset, but it says its investigation is incomplete and that it will disclose information only...
Citations: Fed. R. Civ. P. 26(a)(1), Fed. R. Civ. P. 26(e), Fed. R. Civ. P. 26(f)
Police investigating a theft use several methods to gather information: they listen from a public sidewalk, attach a tracker to a suspect's car while it is parked in the driveway, and obtain detailed long-term location r...
Citations: U.S. Const. amend. IV, Katz v. United States, United States v. Jones
A secured party wants to perfect by filing a financing statement. Which information is generally required for a sufficient financing statement? The question tests basic financing-statement sufficiency. UCC 9-502
Citations: UCC 9-502
Without a warrant, police obtain 45 days of historical cell-site location information from a wireless carrier, showing where a suspect's phone traveled each day. The government argues that no warrant was required because...
Citations: U.S. Const. amend. IV, Carpenter v. United States
...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
A 17-year-old who lived away from home was taken to a hospital after a car accident. The hospital provided emergency surgery at the usual market rate. The minor later refused to pay, asserting lack of capacity. Which sta...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
A couple validly marries in State A and later moves to State B. State B has different ceremony rules from State A. A relative argues that State B should refuse to recognize the marriage solely because State B would have...
Citations: Restatement (Second) of Conflict of Laws section 283, NCBE MEE Subject Matter Outline, Family Law
A driver negligently hit a utility pole, causing live wires to fall near a trapped cyclist. A bystander saw that the wires were several feet from the cyclist, waited for a pause in sparking, and ran in to pull the cyclis...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...d a settlement. The distributor signed even though it believed it had defenses. Finally, an elderly shareholder depended on her nephew for transportation, bill payment, and daily care. The nephew urged her to sell him he...
Citations: Restatement (Second) of Contracts 174, Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, Restatement (Second) of Contracts 177
A newly incorporated business has shareholders, a board of directors, officers, employees, creditors, and customers. A student asks who generally has legal authority to manage or direct the corporation's business and aff...
Citations: Model Business Corporation Act principles
A passenger on a train saw one rider raise a fist toward another rider's face. The passenger reasonably believed the first rider was about to punch the second rider and pushed the first rider away using moderate force. I...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
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 seller h...
Citations: Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, NCBE NextGen UBE Content Scope, Contracts
A seller promised to keep an offer open while the buyer made costly preparations. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomplete in this setting...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
A seller promised to keep an offer open while the buyer made costly preparations. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How should the issue most likel...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
A seller promised to keep an offer open while the buyer made costly preparations. The requested remedy would protect one party but impose a substantial burden on another party who had notice of the risk. The opponent arg...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
...usins marry in State X, where that marriage is valid. They later move to State Y, whose statute declares marriages between first cousins void and states that such marriages are contrary to State Y's strong public policy...
Citations: NCBE MEE Subject Matter Outline, Family Law, Restatement (Second) of Conflict of Laws section 283
Two spouses of the same sex validly marry in State A and later move to State B. State B officials argue that State B need not recognize the marriage because State B would prefer to limit marriage to different-sex couples...
Citations: Obergefell v. Hodges, 576 U.S. 644 (2015)
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, whic...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
...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
A cabin owner rigged a spring gun inside an empty storage shed to shoot at anyone who opened the shed door without permission. A trespasser opened the door and was seriously injured. Which statement best describes the ow...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A city bus negligently stopped short, throwing Priya to the floor and tearing a ligament in her shoulder. Priya promptly went to an orthopedic surgeon. The surgeon recommended six weeks of physical therapy and explained...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
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 were "...
Citations: Restatement (Second) of Contracts 208, UCC 2-302, NCBE NextGen UBE Content Scope, Contracts
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