.... Analyze whether performance is excused in each transaction based on frustration, impossibility, impracticability, or ordinary business risk. This essay tests impossibility, impracticability, frustration of purpose, ris...
Citations: Restatement (Second) of Contracts 261, Restatement (Second) of Contracts 265, UCC 2-615, NCBE NextGen UBE Content Scope, Contracts
For conflict-of-laws purposes, a court must distinguish substantive law from procedural law. Which statement best describes the basic distinction? The correct answer states the basic substance-procedure distinction. Conf...
Citations: Conflict-of-laws principles, Substantive-law principles
...er a damages cap from State X is substantive or procedural for choice-of-law purposes. The parties disagree about characterization. Who ordinarily performs that characterization, and under what method? The correct answer...
Citations: Conflict-of-laws principles
A limited liability company has members who are citizens of States A, B, and C. The LLC was organized in State D and has its headquarters in State E. What is the LLC's citizenship for diversity purposes? The correct answ...
Citations: Carden v. Arkoma Associates, Section 1332 diversity principles
...adopted a waterfront flood-control plan. The plan requires the owner of a private warehouse to allow the city to install a permanent flood-warning antenna on the warehouse roof. It also requires the owner to grant the p...
Citations: U.S. Const. amend. V, Loretto v. Teleprompter Manhattan CATV Corp., Cedar Point Nursery v. Hassid, Kelo v. City of New London, United States v. Miller
...e than 100 years. What is the best Rule Against Perpetuities analysis of O's possibility of reverter? The correct answer identifies the RAP exception for retained grantor interests. NCBE MEE Subject Matter Outline, Commo...
Citations: NCBE MEE Subject Matter Outline, Common law Rule Against Perpetuities
Tourist, a resident of State A, was injured during a guided mountain-bike tour in State B. Guide Co. is incorporated and headquartered in State A, advertised the tour to State A residents, and required customers to sign...
Citations: Restatement (Second) of Conflict of Laws, Modern governmental-interest analysis
...to a customer. The frame cracked during ordinary city riding because of a manufacturing flaw. The shop is a merchant that regularly sells bicycles. Which statement best describes the implied warranty of merchantability?...
Citations: UCC 2-314, NCBE NextGen UBE Content Scope, Contracts
A business owner led a high-profile campaign about a proposed highway project, held press conferences, bought ads, and publicly urged voters to oppose the project. A newspaper then published a false accusation about his...
Citations: NCBE MBE Subject Matter Outline, Torts, Gertz v. Robert Welch, Inc.
A buyer and seller contracted for the sale of a parcel that both believed could be used for a four-unit apartment building. Unknown to both, a zoning amendment adopted the week before signing limited the parcel to single...
Citations: Restatement (Second) of Contracts 151, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 154, NCBE NextGen UBE Content Scope, Contracts
...orporation incorporated in State A has its headquarters and executive offices in State B. What is the corporation's citizenship for diversity purposes? The correct answer states the corporate citizenship rule. 28 U.S.C...
Citations: 28 U.S.C. 1332(c)(1), Hertz Corp. v. Friend
...rate fitness studios. The corporation later signed a contract to buy software for an online nutrition program related to its fitness business. After receiving the software, the corporation tried to avoid the contract as...
Citations: Model Business Corporation Act principles
A party offered a text message to prove both notice and the truth of the matter asserted. A party invokes an equitable or discretionary remedy after contributing to the problem. What is the best analysis? Correct. Hearsa...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
A party offered a text message to prove both notice and the truth of the matter asserted. Another actor changed position after relying on the relevant statement, document, or official action. Which analysis best protects...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
A party offered a text message to prove both notice and the truth of the matter asserted. One argument was preserved, while another was raised only later. Which result best accounts for preservation and merits? Correct...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
A party offered a text message to prove both notice and the truth of the matter asserted. One side relies on notice and practical reliance; the other side points to an omitted formal step. Which statement is most accurat...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
A party offered a text message to prove both notice and the truth of the matter asserted. The decision maker must choose between a categorical shortcut and a fact-sensitive standard. Which statement is most consistent wi...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
A party offered a text message to prove both notice and the truth of the matter asserted. The disputed action was partly authorized but exceeded an important limitation. Which statement best explains the consequence? Cor...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
A party offered a text message to prove both notice and the truth of the matter asserted. The facts are close, and both sides can cite a rule that appears favorable. What should a strong answer do first? Correct. Hearsay...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
A party offered a text message to prove both notice and the truth of the matter asserted. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
A party offered a text message to prove both notice and the truth of the matter asserted. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How should the issue mo...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
A party offered a text message to prove both notice and the truth of the matter asserted. The record contains both written proof and disputed oral testimony. Which answer gives the best treatment of the proof and governi...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
...sk memo instructs the examinee to draft a persuasive brief in support of a motion. Which description best fits that work product? The correct answer states the purpose and audience of an MPT persuasive brief. NCBE MPT pr...
Citations: NCBE MPT preparation materials
An out-of-state company runs targeted ads to forum residents, sells products through its website to hundreds of forum customers, and ships the products into the forum. A forum customer sues there after being injured by o...
Citations: International Shoe Co. v. Washington, Ford Motor Co. v. Montana Eighth Judicial District Court
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