...back. The seller claims the buyer defaulted and demands the money as liquidated damages. A judgment creditor of the seller also claims a lien on any funds payable to the seller. The bank wants to file one federal action...
Citations: Fed. R. Civ. P. 22, 28 U.S.C. 1335
...is most accurate? The best answer states the enforceability test for liquidated damages. Restatement (Second) of Contracts 356, UCC 2-718, NCBE NextGen UBE Content Scope, Contracts
Citations: Restatement (Second) of Contracts 356, UCC 2-718, NCBE NextGen UBE Content Scope, Contracts
...if either party breached, the breaching party would pay $250,000 "as liquidated damages." At signing, comparable land sales were rare, but the parties had appraisals suggesting likely damages from a failed sale would be...
Citations: Restatement (Second) of Contracts 356, Restatement (Second) of Contracts 357, Restatement (Second) of Contracts 359, Restatement (Second) of Contracts 367, UCC 2-716, UCC 2-718
...for a false article about a matter of public concern and seeks actual damages for lost business. What fault showing is constitutionally required at minimum? This question tests fault and damages limits for private plaint...
Citations: NCBE MBE Subject Matter Outline, Torts, Gertz v. Robert Welch, Inc.
A federal consumer statute creates a private damages action and allows suit in state or federal court. State courts in State D hear comparable state consumer-protection claims, but a State D statute instructs its courts...
Citations: U.S. Const. art. VI, cl. 2, U.S. Const. amend. X, Testa v. Katt
A former federal contractor sues the President for civil damages based on a statement the President made during an official press conference explaining termination of a federal contract. Another plaintiff sues the Presid...
Citations: U.S. Const. art. II, Nixon v. Fitzgerald, Clinton v. Jones, Trump v. Vance
...rative fault jurisdiction finds that a plaintiff suffered $100,000 in damages. It assigns 60 percent fault to the plaintiff and 40 percent fault to the defendant. How much should the plaintiff recover? This question test...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts
A landowner seeks damages from a successor owner for violating a recorded covenant restricting use of the successor's parcel. Which statement best describes the traditional requirements for the burden of a real covenant...
Citations: NCBE MEE Subject Matter Outline
A plaintiff filed a federal contract complaint seeking damages. The defendant answered and asserted no counterclaims. Twenty days after being served with the answer, the plaintiff served and filed a jury demand for the f...
Citations: Fed. R. Civ. P. 38, Fed. R. Civ. P. 39
Congress enacted a statute giving any college student a federal civil damages action against a person who commits a bias-motivated assault on or within 500 feet of a college campus. The statute applies to public and priv...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison
In a complex patent-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 theref...
Citations: Fed. R. Evid. 706
State A caps damages to protect State A defendants. State B allows full damages to compensate State B plaintiffs. A State B plaintiff sues a State A defendant, and both states' policies would be advanced by applying thei...
Citations: Modern governmental-interest analysis
State A's damages cap is designed to protect State A defendants from excessive liability. State B allows full recovery to compensate injured plaintiffs. In a case involving a State B plaintiff and a State B defendant, th...
Citations: Modern governmental-interest analysis
State F court must decide whether 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...
Citations: Conflict-of-laws principles
...tive law governs a products-liability claim. State X caps noneconomic damages at $500,000 to limit manufacturer liability. The case is filed in State F, which has no cap. How should the damages cap usually be characteriz...
Citations: Conflict-of-laws principles
...s made three days later, after the damage became permanent. Mel seeks damages for permanent loss of vision in one eye, future treatment, and lost earnings. The physician argues that Mel cannot prove actual cause because...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...lready had a spinal condition before the crash. Analyze causation and damages. Identify which losses Lena may recover and any limits on recovery. This essay tests thin-skull causation and damages for aggravation of a pre...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
A contractor left a pickup truck unlocked with the keys in the ignition outside a downtown jobsite overnight. The jobsite had recently experienced several vehicle break-ins, and police had warned nearby businesses abo...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
A contractor negligently failed to install a required handrail on a temporary stairway. A worker carrying a sealed paint bucket tripped when the bucket's handle broke and paint spilled under his shoes. Video and exper...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ld have burned even without that person's fire. Analyze causation and damages in Pat's negligence claims against Dana and Eli. This essay tests concurrent sufficient causes and damages for indivisible property loss. NCBE...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
A customer slipped on a negligently maintained store floor and fractured her arm. At the hospital, a doctor carelessly set the arm, making the fracture heal poorly and requiring a second surgery. The store argues that...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...bly have been avoided with the procedure. How does the refusal affect damages? This question tests mitigation of damages after a negligence injury. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...lost retail sales from the driver in negligence? This question tests damages limits for pure economic loss. NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts
...driver did not know about the disorder. How should the court measure damages for the fractures? This question tests the thin-skull rule for damages. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
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