...s, buyer testimony, and bedroom pills. Analyze standing, consent, and exclusionary-rule issues....
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Minnesota v. Olson, Minnesota v. Carter, Georgia v. Randolph, Murray v. United States, Nix v. Williams
...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 required a different cere...
Citations: Restatement (Second) of Conflict of Laws section 283, NCBE MEE Subject Matter Outline, Family Law
...filing a financing statement covering equipment. What is the ordinary rule for how long the filed financing statement remains effective? The question tests duration and continuation of filed financing statements. UCC 9-5
Citations: UCC 9-515
A statute authorizes an agency to issue safety rules. The statute provides that any final rule "shall have no force" if the House Safety Committee passes a resolution disapproving it within 30 days. The agency issues a r...
Citations: U.S. Const. art. I, sec. 7, INS v. Chadha
...nal judgment in a federal civil case, the losing party timely filed a Rule 59 motion for a new trial. Before the district court ruled on that motion, the losing party also filed a notice of appeal. Which statement is mos...
Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
In a diversity case, a valid Federal Rule of Civil Procedure directly answers how a pleading must be served. A state statute would require a different method of service for the same pleading. Which rule should the federa...
Citations: Hanna v. Plumer, Rules Enabling Act principles
...court has contacts with State A and State B. State F's choice-of-law rules select State B substantive law for liability. Which statement best describes the usual treatment of procedure? The correct answer states the bas...
Citations: Conflict-of-laws principles
...mplaint contained baseless factual allegations. The defendant filed a Rule 11 sanctions motion with the court the same day it served the motion on the plaintiff. The motion was combined with a motion to dismiss and also...
Citations: Fed. R. Civ. P. 11
A defendant files a first Rule 12 motion raising improper venue and failure to state a claim but omits lack of personal jurisdiction. After that motion is denied, the defendant tries to move to dismiss for lack of person...
Citations: Fed. R. Civ. P. 12(h)
...file a summary-judgment motion after fact discovery closes. No local rule or scheduling order sets a different deadline. Which statement best describes Rule 56's default timing rule? The default timing rule is broad but...
Citations: Fed. R. Civ. P. 56(b), Fed. R. Civ. P. 56(d)
A defendant's first Rule 12 motion raises lack of personal jurisdiction and failure to state a claim but does not raise improper venue. What is the likely effect on the venue defense? The correct answer states the Rule 1...
Citations: Fed. R. Civ. P. 12(b)(3), Fed. R. Civ. P. 12(h)
A jurisdiction follows a Model Penal Code-style manslaughter rule. A defendant intentionally killed a victim while under severe emotional distress caused by facts the defendant honestly but partly mistakenly believed wer...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.3
A party offers relevant evidence. The opponent objects under Rule 403, arguing that the evidence has some risk of wasting time and confusing the issues but also meaningful probative value. Which statement best describes...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 403
...d a complaint in federal court. Ten days after the defendant served a Rule 12(b)(6) motion, the plaintiff filed an amended complaint correcting factual allegations and adding a related claim. The plaintiff had not amende...
Citations: Fed. R. Civ. P. 15(a)
A plaintiff served Rule 34 requests for emails, spreadsheets, and inspection of a machine involved in an accident. The defendant responded to several requests by stating only, "Objection, overbroad and burdensome," and d...
Citations: Fed. R. Civ. P. 34
...a federal agency under a disclosure statute and lost after the court ruled that the records were exempt. Nia, a journalist who sometimes volunteers with the group, did not fund the litigation, choose counsel, control st...
Citations: Taylor v. Sturgell
A trade association of independent pharmacies challenged a state rule requiring pharmacies to disclose customer records to a state database. The association alleges that several named member pharmacies must comply next m...
Citations: U.S. Const. art. III, sec. 2, Hunt v. Washington State Apple Advertising Commission, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
At trial, a party objects under the best evidence rule whenever an opposing witness mentions an email, receipt, or photograph. Which statement best describes when Rule 1002 requires an original? The correct answer states...
Citations: Fed. R. Evid. 1002
...ew federal enforcement agency led by a Director who may issue binding rules, sue regulated parties, and is supervised by no other executive officer except the President. The statute provides that the Director will be cho...
Citations: U.S. Const. art. II, sec. 2, Buckley v. Valeo, Edmond v. United States
...Safety Act. Section 1 authorizes the Data Safety Commission to issue rules for data brokers that are "reasonably necessary to prevent substantial consumer privacy harms, considering compliance costs and technological fe...
Citations: U.S. Const. art. I, sec. 1, A.L.A. Schechter Poultry Corp. v. United States, Carter v. Carter Coal Co., Whitman v. American Trucking Associations, Inc., West Virginia v. EPA
...ant believes the forum lacks personal jurisdiction. Defendant files a Rule 12 motion raising improper venue and failure to state a claim but does not raise personal jurisdiction. The personal-jurisdiction objection was a...
Citations: Federal Rule of Civil Procedure 12, Personal-jurisdiction waiver principles
...nt-damages case, the court appoints a neutral accounting expert under Rule 706. One party asks to depose and cross-examine the expert. The other argues that court-appointed experts are neutral and therefore cannot be cha...
Citations: Fed. R. Evid. 706
In a federal breach-of-contract action, the parties held their Rule 26(f) conference on June 1. The court has not set a different disclosure deadline. The defendant has identified two employees likely to support its defe...
Citations: Fed. R. Civ. P. 26(a)(1), Fed. R. Civ. P. 26(e), Fed. R. Civ. P. 26(f)
Nora died intestate in a state that follows these UPC-style rules: if a decedent is survived by a spouse and at least one descendant who is not a descendant of the surviving spouse, the spouse takes one-half of the intes...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Probate Code Article II intestacy principles
USABarPrep Coach