...Buyer for use as a restaurant. The contract required Seller to convey marketable title by general warranty deed at closing. Before closing, Buyer's title search showed an unpaid recorded mortgage to Bank. Seller said the...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
Decedent maintained a bank account titled "Decedent, payable on death to Nia." Decedent's will leaves the residue of the estate to Omar and does not mention the account. The POD designation was never revoked. Who takes t...
Citations: Uniform Probate Code multiple-party account principles
...as running for reelection. A local political blogger published a post titled "Mayor Took Contractor Bribes." The post stated, "The mayor secretly accepted $20,000 from a bridge contractor last March in exchange for award...
Citations: NCBE MBE Subject Matter Outline, Torts, New York Times Co. v. Sullivan, Restatement (Second) of Torts
A spouse owns a separate bank account titled only in that spouse's name and signs a contract to buy equipment for that spouse's business. The other spouse argues that marriage prevents separate ownership and separate con...
Citations: NCBE MEE Subject Matter Outline, Family Law
Celia signed a notarized document titled "Ridge Trust." The document stated, "I declare that I hold my brokerage account ending in 4412 and my lake cabin on Pine Road as trustee. During my life, income may be used for me...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 401 and 402
Decedent opened an account titled "Decedent and Friend, joint tenants with right of survivorship." Decedent deposited all funds. Decedent's will leaves all cash to Sister. No fraud or undue influence is shown. Who owns t...
Citations: Uniform Probate Code multiple-party account principles
Decedent typed and signed a document titled "My Will," leaving all property to a niece. No witness signed. Decedent emailed the signed document to the niece and to Decedent's lawyer, saying, "This is the will I want admi...
Citations: Uniform Probate Code section 2-503
...ned wages and contributed part of those wages to a retirement account titled only in that spouse's name. At divorce, the employee spouse argues that the account is separate property because the other spouse never worked...
Citations: NCBE MEE Subject Matter Outline, Family Law
...age, Riley bought a small photography studio with inherited funds and titled the studio solely in Riley's name. Riley operated the studio, signed all vendor contracts, and told customers that Riley alone owned it. Riley'...
Citations: NCBE MEE Subject Matter Outline, Family Law, Restatement (Third) of Agency sections 2.01, 2.03
...er loaned Manufacturer $500,000. Manufacturer signed a short document titled Security Agreement stating, "Manufacturer grants Lender a security interest in all of Manufacturer's assets." The document did not list collate...
Citations: UCC 9-108, UCC 9-203, UCC 9-504
One spouse owns a painting titled solely in that spouse's name. The other spouse, without permission, signs a contract to sell the painting to a collector. The collector relies only on the fact that the seller is married...
Citations: Restatement (Third) of Agency sections 2.01, 2.03, NCBE MEE Subject Matter Outline, Family Law
Paula had two bank accounts. Account One was titled "Paula and her nephew Niko, joint tenants with right of survivorship." The signature card stated that, at either party's death, the surviving party owned the account. P...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Probate Code multiple-party account principles
...rom the trust and used the money as the down payment on a condominium titled in Trustee's individual name. The condominium later increased in value. The beneficiaries can identify the trust funds used for the purchase. W...
Citations: Uniform Trust Code section 1001, Common-law tracing principles
While reading the File, an examinee sees several dates, party titles, a pending summary-judgment motion, and statements from different sources. Which statement best describes how those details should be used? The correct...
Citations: NCBE MPT preparation materials
...ich statement is most accurate? The best answer recognizes both the entitlement and the flexible Mathews approach to process. U.S. Const. amend. XIV, Board of Regents v. Roth, Mathews v. Eldridge, Goldberg v. Kelly
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Mathews v. Eldridge, Goldberg v. Kelly
...en. Parent has two children when Parent dies, and one child is then entitled to distribution. Absent contrary intent, what rule often determines whether later-born or later-adopted children can join the class? The questi...
Citations: Common-law class gift principles
...take possession of the note, did not have its lien noted on the truck title, and did not file anything new within 20 days after the sale. The original financing statement would have been filed in the same office to perfe...
Citations: UCC 9-315
...ar, $9 million warehouse lease with Landlord. Landlord knew the COO's title and knew that the corporation had previously leased smaller facilities through the COO, but Landlord did not ask for a board resolution. When th...
Citations: NCBE MEE Business Associations outline, Model Business Corporation Act board-action principles
...edemption language, and the procedures Investor must follow to obtain title free of Owner's interest. This essay tests equitable mortgages, deeds absolute as security, and clogging the equity of redemption. NCBE MEE Subj...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...ller then sold Blackacre to Buyer by a deed stating that Buyer "takes title subject to Bank's mortgage." Buyer did not sign the note or promise Seller or Bank to pay the debt. One year later, Buyer sold Blackacre to Inve...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...ed an agreement stating that Broker would comply with Finance Co.'s entitlement orders regarding the account without further consent from Startup. Startup later defaulted and argues that Finance Co. perfected neither int...
Citations: UCC 9-104, UCC 9-106, UCC 9-312, UCC 9-314
...k was fake. Relying on that statement, the owner signed over the boat title and handed the buyer the keys. In a separate transaction, the buyer asked to "borrow" a neighbor's generator for one afternoon, falsely claiming...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3, Model Penal Code 223.4
...iss for failure to join the brother, arguing that complete relief and title certainty are impossible without him and that joining him would destroy diversity. The brother is subject to service but refuses to appear volun...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
...larceny, larceny by trick, false pretenses, embezzlement, possession, title, and intent to deprive. This essay tests the classic distinctions among larceny, larceny by trick, false pretenses, and embezzlement. NCBE NextG...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.3, Model Penal Code 223.8
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