...l, a seven-year-old eyewitness says she knows the difference between "real" and "pretend," promises to tell what really happened, and says lying to the judge would be wrong. She cannot define the word "perjury" and has n...
Citations: Fed. R. Evid. 603
...ys, "Because lying in court is wrong and the judge needs to know what really happened." Contractor moves to exclude Lily entirely because she is too young, inconsistent, and unable to identify the tool by name. Contracto...
Citations: Fed. R. Evid. 601, Fed. R. Evid. 602, Fed. R. Evid. 603, Fed. R. Evid. 611
...he final decisionmaker met with the supervisor before firing her, and evidence that another manager with worse targets was not fired. The employer argues that the employee testimony should be discounted because the witne...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(c), Anderson v. Liberty Lobby, Inc., Matsushita Elec. Indus. Co. v. Zenith Radio Corp.
...gular bulge in the pocket and patted it down. The officer immediately realized it was not a weapon but squeezed it several times and concluded it was a pill bottle. He removed the bottle and found prescription pills in a...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Terry v. Ohio, California v. Hodari D., Minnesota v. Dickerson, Rodriguez v. United States, Illinois v. Caballes
...vacant lot? Explain. This essay tests oral trusts, personal property, real property, and evidentiary requirements. NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 401, 402, and 407
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 401, 402, and 407
A defendant's summary-judgment motion cites record evidence that the plaintiff missed a contractual notice deadline. The plaintiff's response does not address the notice deadline at all and cites no contrary evidence. Wh...
Citations: Fed. R. Civ. P. 56(e)
...er a buyer accepted late delivery of machine parts, the seller offers evidence that the buyer failed a college accounting class 20 years earlier. No claim or defense concerns the buyer's education, accounting ability, or...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401, Fed. R. Evid. 402
A bank holds $250,000 in escrow from a failed real estate sale. The buyer claims the seller breached first and demands the money back. The seller claims the buyer defaulted and demands the money as liquidated damages. A...
Citations: Fed. R. Civ. P. 22, 28 U.S.C. 1335
A case is filed in a proper federal venue, but most witnesses and evidence are located in another federal district where the case could have been brought. Which statute is the ordinary basis for transfer? The correct ans...
Citations: 28 U.S.C. 1404(a)
...defendant intentionally killed a victim and claims self-defense. The evidence shows the victim had raised a knife and was moving toward the defendant when the defendant fired. Which statement best describes the standard...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
A defendant pointed a realistic toy gun at a cashier and demanded that the cashier open the register. The cashier, terrified, opened the register, and the defendant took the cash. Which statement best describes robbery?...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1
...th a painter to paint a house for $9,000. After starting, the painter realized that paint prices had increased in the ordinary course of business and refused to continue unless the homeowner promised an additional $2,000...
Citations: Restatement (Second) of Contracts 73, NCBE MBE Subject Matter Outline, Contracts
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
...gument section of a trial-court brief supporting a motion to suppress evidence seized from a backpack. The file includes the officer's report, a transcript of the stop, and a library with one case favoring suppression an...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
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
Greenway Foods hired Tara, a commercial real estate broker, to locate a warehouse for a new distribution center. Tara found a warehouse listed for $2 million. Before telling Greenway about the listing, Tara formed an LLC...
Citations: Restatement (Third) of Agency sections 8.01, 8.02, 8.05
In a federal bench trial, the plaintiff presents all evidence on an equitable claim. The defendant then asks the judge to enter judgment because the plaintiff failed to prove reliance. The plaintiff argues that the judge...
Citations: Fed. R. Civ. P. 52
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
...e and retained reversion. NCBE MEE Subject Matter Outline, Common law real-property principles
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...tional-language doctrine. NCBE MEE Subject Matter Outline, Common law real-property principles
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...subset. This essay tests relevance and Rule 403 for similar-incident evidence in a civil case. NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401, Fed. R. Evid. 402, Fed. R. Evid. 403
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401, Fed. R. Evid. 402, Fed. R. Evid. 403
...ficient deed description. NCBE MEE Subject Matter Outline, Common law real-property principles
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...he basic Rule 401 relevance standard. NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401
Landlord leased a ground-floor bakery space to Tenant for three years. The lease included the bakery room and a rear storage room. Six months into the lease, Landlord locked the rear storage room and used it for build...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
USABarPrep Coach