O conveyed Warehouse "to X and Y as joint tenants with right of survivorship." The deed was valid and recorded. Without telling Y, X borrowed money from Bank and gave Bank a mortgage on "X's interest in Warehouse." X mad...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
SolventCo stored thousands of gallons of highly volatile industrial solvent in above-ground tanks beside a residential neighborhood. The solvent was useful in manufacturing but could ignite from a small spark, and even c...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...defendant angrily confronted a rival outside a club, raised a knife, and said, "I am ending this tonight." The rival picked up a metal pipe and moved toward the defendant. The defendant did not retreat or say he wanted...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.1, Model Penal Code 210.3
...delivery-company manager was authorized to collect customer payments and deposit them weekly into the company's account. After receiving $12,000 in customer payments, the manager used $5,000 to pay his personal rent, pl...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.6
...stadium after drinking heavily. Security guards warned him that thousands of pedestrians were crossing the streets. The driver laughed, accelerated to 70 miles per hour through a red light, and swerved around stopped tr...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4
...sued a hospital in federal court for breach of a licensing agreement and trade-secret misuse. The vendor moved for summary judgment only on the hospital's liability for unpaid license fees. The hospital's opposition adm...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(f), Fed. R. Civ. P. 56(g)
...ery stores. Over 18 months, its quality-control director sent the CEO and board audit committee five written reports stating that one plant was shipping meals without required temperature logs. The reports warned that th...
Citations: General corporate fiduciary-duty principles, Model Business Corporation Act director-liability principles
...sed experienced workers, warned neighbors, placed vibration monitors, and followed industry standards. Even so, the blasts sent shock waves through nearby soil, cracking the foundations of three homes and shattering seve...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...e conspirator tied up a guard, a step that was reasonably foreseeable and helped complete the robbery. The other conspirator waited several blocks away as the driver. Which statement best describes the driver's possible...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...imited 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 answer...
Citations: Carden v. Arkoma Associates, Section 1332 diversity principles
...tody decree giving Parent A primary physical custody and both parents joint legal custody of Child. Parent B had alternating weekends and weekly video calls. Two years later, Parent A moved with Child to State D for a hi...
Citations: Uniform Child Custody Jurisdiction and Enforcement Act sections 202, 203, 207, NCBE MEE Subject Matter Outline, Family Law
After receiving and waiving Miranda rights, a suspect answered questions for several minutes. He then said, "Maybe I should talk to a lawyer." The detective continued questioning, and the suspect confessed. Which stateme...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Davis v. United States, Miranda v. Arizona
A and B own land as joint tenants with right of survivorship. A alone gives Bank a mortgage on A's interest. The jurisdiction follows lien theory, and no foreclosure occurs before A dies. Which statement is most accurate...
Citations: NCBE MEE Subject Matter Outline
A and B own land as joint tenants with right of survivorship. A conveys A's interest to C during A's lifetime. What is the usual effect of A's conveyance? The correct answer states the severance effect of a joint tenant'...
Citations: NCBE MEE Subject Matter Outline
...several privately owned parcels in a deteriorated industrial district and plans to transfer them to a private developer that will build offices, apartments, and a grocery store. The city found that the project would incr...
Citations: U.S. Const. amend. V, Kelo v. City of New London, Berman v. Parker, Hawaii Housing Authority v. Midkiff
...tudies three expansion options for several weeks, consults management and outside advisers, and selects one. The option later fails. Which statement best describes the directors' likely fiduciary-duty defense? The best a...
Citations: General corporate fiduciary-duty principles
...ned several restaurants told her nephew, "If you manage my new food stand every weekend this summer and promise not to work for any competing restaurant during that period, I will pay you $12,000 at the end of August." T...
Citations: Restatement (Second) of Contracts 71, Restatement (Second) of Contracts 79, NCBE NextGen UBE Content Scope, Contracts
...e opens an MPT packet containing a task memo, several File documents, and a Library of authorities. Which item should usually be read first, and why? The correct answer identifies the proper starting point for using MPT...
Citations: NCBE MPT preparation materials
An objective memorandum has two assigned issues and several legal elements under each issue. What is the best approach to headings? The correct answer describes effective headings in an objective memorandum. NCBE MPT pre...
Citations: NCBE MPT preparation materials
...charity auction, a patron consumed several drinks, slurred his words, and repeatedly asked the auctioneer what item was being sold. The auctioneer saw the patron's condition but accepted his signed bid for a sculpture. T...
Citations: Restatement (Second) of Contracts 16, NCBE NextGen UBE Content Scope, Contracts
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
...tion, 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 forum using? The correct...
Citations: Modern conflict-of-laws principles
Owner conveyed Greenacre "to A, B, and C as joint tenants with right of survivorship and not as tenants in common." The deed was valid and recorded. One year later, A conveyed all of A's interest in Greenacre to D by war...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
Owner conveys land "to A and B as joint tenants with right of survivorship and not as tenants in common." The conveyance satisfies all formal requirements. What estate did A and B receive? The correct answer classifies a...
Citations: NCBE MEE Subject Matter Outline
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