...s of access to disabled litigants. The statute also declares that any state action that Congress considers unfair is now a constitutional equal protection violation. Which statement best describes Congress's Section 5 po...
Citations: U.S. Const. amend. XIV, sec. 5, City of Boerne v. Flores, United States v. Morrison
...identifications as unreliable and suggestive. Analyze the due process state-action requirement, the later police conduct, ordinary evidentiary safeguards, and likely admissibility. This essay tests the state-action thres...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Perry v. New Hampshire, Neil v. Biggers, Manson v. Brathwaite
...y equal protection review of each challenged policy. This essay tests state action and rational basis review for common non-suspect classifications. U.S. Const. amend. XIV, Jackson v. Metropolitan Edison Co., Brentwood A...
Citations: U.S. Const. amend. XIV, Jackson v. Metropolitan Edison Co., Brentwood Academy v. Tennessee Secondary School Athletic Association, City of Cleburne v. Cleburne Living Center, San Antonio Independent School District v. Rodriguez
State F has a statute providing that an action accruing outside State F is untimely if it would be untimely either under State F law or under the law of the state where the action accrued. What is this type of statute co...
Citations: Conflict-of-laws principles
In an Article 9 secured transaction, which statement best describes how default is determined? The question tests the source of default rules. UCC 9-601, UCC 1-304
Citations: UCC 9-601, UCC 1-304
A defendant removes a state-court action to federal court. Which statement best describes the proper federal district for removal? The correct answer states the special venue rule for removed cases. 28 U.S.C. 1441(a)
Citations: 28 U.S.C. 1441(a)
A federal civil action has three defendants, all residents of State A. One defendant resides in the Northern District of State A. Which statement best describes venue in that district? The correct answer states one of th...
Citations: 28 U.S.C. 1391(b)(1)
...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 to dismis...
Citations: U.S. Const. art. VI, cl. 2, U.S. Const. amend. X, Testa v. Katt
A plaintiff files a state-law negligence action in State A court. Complete diversity and the amount in controversy are present, but one properly joined and served defendant is a citizen of State A. Which statement best d...
Citations: 28 U.S.C. 1441(b)(2)
A spouse appeared in a State D divorce action and argued that the filing spouse was not domiciled in State D. After an evidentiary hearing, the State D court found domicile and entered a divorce decree. The appearing spo...
Citations: Sherrer v. Sherrer, 334 U.S. 343 (1948), Coe v. Coe, 334 U.S. 378 (1948)
...take possession of equipment without filing a replevin action. Which statement best describes Article 9's self-help rule? The question tests Article 9 self-help repossession limits. UCC 9-609
Citations: UCC 9-609
In a products-liability action, the forum considers applying State A law to the design-defect standard and State B law to the damages cap because the policies and contacts for those two issues differ. What concept is the...
Citations: Modern conflict-of-laws principles
Janelle filed a federal diversity action in the District of State D against NorthCable Corp. NorthCable is incorporated and headquartered in State E. The contract was negotiated, signed, and performed entirely in State F...
Citations: 28 U.S.C. 1406, Fed. R. Civ. P. 12(b)(3), Fed. R. Civ. P. 12(h)
Morgan filed a diversity action against Apex Tools in State L state court, County West. County West is located in the federal Western District of State L. Apex timely removed the case to the Western District of State L...
Citations: 28 U.S.C. 1441(a), 28 U.S.C. 1404(a), Polizzi v. Cowles Magazines, Inc.
State B operates a wildfire-rescue academy. Its rules provide that only male applicants may enter the "rapid extraction" track, because academy officials believe men are "naturally better suited to carrying heavy equipme...
Citations: U.S. Const. amend. XIV, United States v. Virginia, Craig v. Boren, Nevada Department of Human Resources v. Hibbs
State C enacted a tax on online retailers. The tax applies to retailers with more than $500,000 in annual sales to State C customers, whether or not the retailer has offices, employees, or inventory in State C. The tax i...
Citations: Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc., Comptroller of the Treasury v. Wynne, U.S. Const. art. I, sec. 8, cl. 3
...o approve a time-sensitive bank loan without holding a meeting. Which statement best describes board action by written consent? The correct choice states the standard written-consent method for board action. Model Busine...
Citations: Model Business Corporation Act board-action principles
...Which doctrine and requirements are most relevant? The correct answer states the ordinary issue preclusion rule. Restatement (Second) of Judgments principles
Citations: Restatement (Second) of Judgments principles
...ion was partly authorized but exceeded an important limitation. Which statement best explains the consequence? Correct. Agency arises from assent and control, and a principal is bound by actual authority, apparent author...
Citations: Restatement (Third) of Agency sections 1.01, 2.01, 2.03, 4.01
...ion was partly authorized but exceeded an important limitation. Which statement best explains the consequence? Correct. Contract formation requires offer, acceptance, consideration or a substitute such as promissory esto...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
...ivate colleges, contains no requirement that the assault involve interstate travel or interstate communications, and is supported by findings that campus violence discourages students from attending school, reduces futur...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison
...ion was partly authorized but exceeded an important limitation. Which statement best explains the consequence? Correct. The answer turns on the governing source of law for Negligence, the required authority or elements...
Citations: Common law tort doctrine, Restatement tort principles
...ion was partly authorized but exceeded an important limitation. Which statement best explains the consequence? Correct. Relevant evidence tends to make a consequential fact more or less probable, but may be excluded when...
Citations: FRE 401, FRE 402, FRE 403
A state statute provides: "During posted school-arrival hours, every motorist approaching a marked elementary-school crossing with flashing lights must reduce speed to 15 miles per hour and stop when a crossing guard rai...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
USABarPrep Coach