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Results for “Fruit of the Poisonous Tree Fruit of the Poisonous Tree”

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Question Criminal Law and Procedure | Search and Seizure | ESSAY Hard

Malik leased an apartment with his roommate Ana. Jae, who lived elsewhere, came to the apartment for two hours to pac...

...slept on the couch for the past three nights while visiting from out of town. Police knocked on the apartment door without a warrant after receiving a tip. Malik opened the door. When police asked to search, Malik said...

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

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Question Contracts | Third-Party Rights | MULTIPLE_CHOICE Medium

A city contracted with a paving company to resurface several streets. The contract said the project would "improve ne...

...finished. Residents on that street sued the paving company for breach of contract. Which statement best describes the residents' contract claim? The best answer requires intended-beneficiary status rather than mere benef...

Citations: Restatement (Second) of Contracts 302, NCBE NextGen UBE Content Scope, Contracts

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Question Constitutional Law | First Amendment | MULTIPLE_CHOICE Medium

A city requires parade permits for marches on public streets during rush hour. The ordinance applies to all marches r...

...ets during rush hour. The ordinance applies to all marches regardless of message, limits denial to traffic-safety grounds, requires a decision within five days, and allows evening marches on nearby streets. A group chall...

Citations: U.S. Const. amend. I, Ward v. Rock Against Racism, Perry Education Association v. Perry Local Educators' Association

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Question Civil Procedure | Pleadings and Motions | MULTIPLE_CHOICE Medium

A complaint alleges that the defendant "failed to maintain safe stairs at 114 Hill Street on April 2, causing plainti...

...also includes an unrelated paragraph accusing the plaintiff's lawyer of prior misconduct in another case. Which statement is most accurate? The correct answer separates pleadings that cannot be answered from pleadings c...

Citations: Fed. R. Civ. P. 12(e), Fed. R. Civ. P. 12(f)

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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

A shooting victim briefly saw the shooter's face under a streetlight before being wounded. At the hospital, doctors t...

...to the victim's hospital room. Sam was handcuffed and flanked by two officers. An officer said, "We need to know now if this is the shooter." The victim identified Sam. Three months later, after Sam was charged and coun...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Stovall v. Denno, Neil v. Biggers, Manson v. Brathwaite, United States v. Wade

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Question Criminal Law and Procedure | Identification and Lineups | MULTIPLE_CHOICE Medium

Five minutes after a street robbery, police detained a suspect one block away and brought the victim to view him whil...

...ned a suspect one block away and brought the victim to view him while officers continued searching for a weapon and possible accomplice. The victim identified the suspect. Which statement best describes the showup? The b...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Stovall v. Denno, Neil v. Biggers

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Question Real Property | Estates and Future Interests | ESSAY Hard

O conveyed Blackacre "to A for life, then to B's children." At the time of the conveyance, B had one child, C. B late...

...conveyed Blackacre "to A for life, then to B's children." At the time of the conveyance, B had one child, C. B later had another child, D. A moved onto Blackacre. Blackacre included an old farmhouse, a mature walnut grov...

Citations: NCBE MEE Subject Matter Outline, Common law real-property principles

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Question Constitutional Law | Fourth Amendment | ESSAY Hard

Police sought a warrant to search Apartment 4B for evidence of identity theft. The affidavit stated that a reliable i...

Police sought a warrant to search Apartment 4B for evidence of identity theft. The affidavit stated that a reliable informant had seen stolen credit cards in Apartment 4B within the past 48 hours and that utility records...

Citations: U.S. Const. amend. IV, Illinois v. Gates, Franks v. Delaware, United States v. Leon, Groh v. Ramirez

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Question MPT | Formatting and Tone | ESSAY Medium

You are assigned an MPT file in which a senior attorney asks for "only the discussion section of an objective memoran...

...file in which a senior attorney asks for "only the discussion section of an objective memorandum" analyzing whether a small restaurant can terminate a supply contract after repeated late deliveries. The file includes cus...

Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions

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Question Torts | Strict Liability | ESSAY Hard

Arden kept two animals at a rural retreat: a privately owned lynx and a large mixed-breed dog. The lynx was kept behi...

...od bowl and had lunged at delivery drivers from the porch. Arden knew of those incidents. Later the same day, while the dog was unleashed in the yard, it bit a different delivery driver who stepped onto the porch with a...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts

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Question Criminal Law and Procedure | Inchoate Offenses | ESSAY Hard

A friend knew that a burglar planned to steal laptops from a school at night. The friend agreed to text if a security...

...knew that a burglar planned to steal laptops from a school at night. The friend agreed to text if a security guard approached, saying, "I do not want anyone hurt, but I will warn you if someone comes." The friend stood...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.06

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Question Criminal Law and Procedure | Homicide | MULTIPLE_CHOICE Medium

A defendant drove through a residential neighborhood at twice the speed limit while texting. He did not see a child c...

...d crossing the street and struck and killed the child. Which homicide offense is most directly supported if the conduct is reckless but not sufficiently extreme for murder? The best answer states the common reckless-kill...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.3

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Question Criminal Law and Procedure | Homicide | ESSAY Hard

A driver left a crowded stadium after drinking heavily. Security guards warned him that thousands of pedestrians were...

...ium after drinking heavily. Security guards warned him that thousands of pedestrians were crossing the streets. The driver laughed, accelerated to 70 miles per hour through a red light, and swerved around stopped traffic...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4

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Question Criminal Law and Procedure | Defenses | ESSAY Hard

Dr. Lane, a university chemist with a long history of psychotic episodes, became convinced that a museum's antique co...

Dr. Lane, a university chemist with a long history of psychotic episodes, became convinced that a museum's antique compass was a device sending poisonous signals to children. His treating psychiatrist had warned him that...

Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 4.01

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Question Torts | Defenses | ESSAY Medium

Blake, a delivery driver, looked down to accept a dispatch on his phone while driving through an intersection. Mina e...

...ent at fault. The parties ask the court to determine the legal effect of Mina's negligence under several possible negligence-defense regimes. Analyze Mina's recovery under: (a) pure comparative fault; (b) a modified comp...

Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts

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Question Criminal Law and Procedure | Confessions and Miranda | ESSAY Hard

Police arrested Tara for a bank robbery and brought her to an interview room. A detective intentionally did not give...

...possible impeachment use. This essay tests Miranda remedies, physical fruits, later warned statements, deliberate two-step interrogation, coercion, and impeachmen...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Oregon v. Elstad, Missouri v. Seibert, United States v. Patane, Harris v. New York, Mincey v. Arizona

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