Evidence
Evidence MBE Foundation MBE Foundation Evidence Complete MBE Foundation List MBE FoundationThis topic appears in the UBE 2026 Rules Library master list under MBE Foundation.EvidenceUse this entry as the rule-review check...
Results for “Evidence MBE Foundation”
Torts
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Criminal Procedure
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Contracts and UCC Article 2
...itutional LawContracts and UCC Article 2Criminal LawCriminal ProcedureEvidenceReal PropertyTorts
Distributor sues Retailer for failing to pay for thousands of small shipments over three years. Distributor offers a...
...or's ordinary business records system. Retailer objects that the best evidence rule requires Distributor to introduce each invoice and delivery confirmation. Distributor says the underlying electronic records were made a...
Citations: Fed. R. Evid. 1006, Fed. R. Evid. 611, Fed. R. Evid. 803(6)
In a negligence action arising from a truck collision at a plant gate, the trucking company offers testimony from the...
...s badge, and waited for the green light before moving. No witness remembers whether he stopped on the day of the collision. Which statement is most accurate? The correct answer recognizes that a repeated gate-entry routi...
Citations: Fed. R. Evid. 406
Patient sues Hospital in federal court after receiving a double dose of a sedative during a 6 a.m. shift change. No o...
...pliance. Patient objects that the testimony is inadmissible character evidence that Lee is careful and that the hospital generally follows good practices. How should the court rule on the proposed evidence? Discuss the d...
Citations: Fed. R. Evid. 406, Fed. R. Evid. 403
A medical expert forms an opinion partly from hospital records, lab reports, and interviews with family members. Some...
...rtly from hospital records, lab reports, and interviews with family members. Some family statements are hearsay, but doctors in the field reasonably rely on such histories when making the relevant diagnosis. The proponen...
Citations: Fed. R. Evid. 703
A merchant buyer and merchant seller signed a final written contract for "No. 2 grade lumber." The buyer seeks to int...
...itten contract for "No. 2 grade lumber." The buyer seeks to introduce evidence that, in prior contracts between them and in the lumber trade, "No. 2 grade" is understood to include kiln-dried lumber unless otherwise stat...
Citations: UCC 1-303, UCC 2-202, NCBE NextGen UBE Content Scope, Contracts
During direct examination, Witness says she cannot remember the serial number on a machine. Counsel shows her a maint...
During direct examination, Witness says she cannot remember the serial number on a machine. Counsel shows her a maintenance log. After reviewing it silently, Witness says she now remembers the number and states it aloud...
Citations: Fed. R. Evid. 612
In a construction-defect case, a master plumber with 25 years of field experience but no engineering degree is offere...
In a construction-defect case, a master plumber with 25 years of field experience but no engineering degree is offered to explain why a pipe-joint installation failed. The opponent argues that only a mechanical engineer...
Citations: Fed. R. Evid. 702
Inspector testifies that she cannot now remember the details of a bridge inspection. The same afternoon as the inspec...
Inspector testifies that she cannot now remember the details of a bridge inspection. The same afternoon as the inspection, she wrote and signed a memo describing cracks in two support beams. She testifies that she knew t...
Citations: Fed. R. Evid. 803(5)
Patient sues Clinic for administering the wrong injection. Nurse testifies that she cannot now remember which vial sh...
...istering the wrong injection. Nurse testifies that she cannot now remember which vial she used because she has administered thousands of injections since then. Minutes after the incident, while the details were fresh, Nu...
Citations: Fed. R. Evid. 803(5), Fed. R. Evid. 807, Fed. R. Evid. 403
Purchaser calls the number listed on Supplier's invoices. The person answering says, "Supplier parts desk," discusses...
Purchaser calls the number listed on Supplier's invoices. The person answering says, "Supplier parts desk," discusses Purchaser's open order, and changes the shipping date. At trial, Purchaser offers testimony about the...
Citations: Fed. R. Evid. 901(b)(6)
Witness testifies at trial that she cannot remember whether Defendant ran the red light. At her deposition in the sam...
Witness testifies at trial that she cannot remember whether Defendant ran the red light. At her deposition in the same case, under penalty of perjury and while subject to cross-examination, Witness testified that Defenda...
Citations: Fed. R. Evid. 801(d)(1)(A)
Lena was arrested and charged with felony embezzlement carrying a maximum sentence of three years. Her trial began 26...
...The judge made no findings and did not consider alternatives. Before evidence began, the judge also told Lena that a bench trial would be faster. Lena nodded but never signed a written waiver or personally stated that s...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo, Waller v. Georgia, Duncan v. Louisiana, Blanton v. City of North Las Vegas
A city hired Ridge Blasting to remove bedrock for a sewer tunnel beneath a residential block. Ridge obtained permits,...
...gerous activity strict liability for blasting and scope of risk. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
A contractor used dynamite to remove rock near homes. The contractor complied with all permits and used reasonable ca...
...ty claim? This question tests classic blasting strict liability. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A factory used a press with an exposed pinch point. Similar factories in the region also used presses without guards....
...am. In the worker's negligence action, how should the court treat the evidence of industry custom? This question tests how custom affects breach. NCBE MBE Subject Matter Outline, Torts, The T.J. Hooper custom principle
Citations: NCBE MBE Subject Matter Outline, Torts, The T.J. Hooper custom principle
A landlord told tenants that maintenance workers would enter units on Friday to replace smoke detectors. The notice d...
...then opened Lena's closed bedroom door, searched the nightstand for "evidence of unauthorized pets," and used his phone to record the bedroom and bathroom. The landlord later reviewed the video but never posted it. The...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts