Mistake
Mistake Contracts and UCC Article 2 Contracts and UCC Article 2 Mistake Complete Contracts and UCC Article 2 List Contracts and UCC Article 2This topic appears in the UBE 2026 Rules Library master list under Contracts an...
Results for “Mistake”
Mistake
Mistake Criminal Law Criminal Law Mistake Complete Criminal Law List Criminal LawThis topic appears in the UBE 2026 Rules Library master list under Criminal Law.MistakeUse this entry as the rule-review checkpoint for Mis...
Common MPT Mistakes
Common MPT Mistakes MPT and Lawyering Skills MPT and Lawyering Skills Common MPT Mistakes Complete MPT and Lawyering Skills List MPT and Lawyering SkillsThis topic appears in the UBE 2026 Rules Library master list under...
A senior mortgagee forecloses but mistakenly fails to join a properly recorded junior mortgagee. What is the general...
A senior mortgagee forecloses but mistakenly fails to join a properly recorded junior mortgagee. What is the general effect on the omitted junior mortgagee? The correct answer states the consequence of omitting a junior...
Citations: NCBE MEE Subject Matter Outline
Malik was charged with armed robbery of a delivery driver. His defense was mistaken identity. Malik subpoenaed Jada,...
...was charged with armed robbery of a delivery driver. His defense was mistaken identity. Malik subpoenaed Jada, who would testify that she saw another man drop a handgun and delivery bag in an alley two blocks away minut...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips
A city employee, acting against city policy, mistakenly towed and crushed a parked car after reading the wrong addres...
A city employee, acting against city policy, mistakenly towed and crushed a parked car after reading the wrong address from a demolition order. The city had no advance notice that this particular mistake would occur. Sta...
Citations: U.S. Const. amend. XIV, Parratt v. Taylor, Hudson v. Palmer, Daniels v. Williams
A defendant honestly but mistakenly believed that a neighbor's lawn mower was the same mower the neighbor had borrowe...
A defendant honestly but mistakenly believed that a neighbor's lawn mower was the same mower the neighbor had borrowed and refused to return. The defendant quietly took the mower from the neighbor's open garage intending...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
A homeowner intentionally walked across a strip of grass while measuring for a fence. He reasonably but mistakenly be...
...cross a strip of grass while measuring for a fence. He reasonably but mistakenly believed the strip was part of his lot. A later survey showed the strip belonged to his neighbor. The neighbor suffered no measurable damag...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A supervisor honestly but mistakenly told two human-resources employees that a worker might have falsified time recor...
A supervisor honestly but mistakenly told two human-resources employees that a worker might have falsified time records. The supervisor then repeated the accusation over the lunchroom loudspeaker to all employees while l...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A trust instrument states, "Trustee is not liable for mistakes in judgment made in good faith." Trustee later intenti...
A trust instrument states, "Trustee is not liable for mistakes in judgment made in good faith." Trustee later intentionally hides a conflict of interest and transfers trust assets to a business Trustee owns. Beneficiarie...
Citations: Uniform Trust Code section 1008
A hiker found an arrowhead on federal park land. A criminal statute prohibited removing artifacts from the park, but...
...charged under the statute. Which statement best describes the hiker's mistake-of-law argument? The best answer applies the ordinary rule that mistake of law is not a defense based on private misunderstanding. NCBE NextGe...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
A bank sued a small importer in federal court for $480,000 due on a line of credit and also sought foreclosure of ple...
...diately moved to set aside the default, explaining that its president mistakenly thought settlement talks paused the answer deadline, that it has bank records showing some payments were not credited, and that it acted as...
Citations: Fed. R. Civ. P. 55, Fed. R. Civ. P. 60(b)
A buyer agreed to purchase a small apartment building from a seller. Before signing, the buyer asked whether the base...
...actor's potential defenses based on misrepresentation, nondisclosure, mistake, and risk allocation. This essay tests misrepresentation, nondisclosure, mutual mistake, unilatera...
Citations: Restatement (Second) of Contracts 159, Restatement (Second) of Contracts 161, Restatement (Second) of Contracts 164, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 153, Restatement (Second) of Contracts 154
A buyer and seller contracted for the sale of a parcel that both believed could be used for a four-unit apartment bui...
...ent on zoning risk. Which statement best describes the buyer's mutual-mistake defense? The best answer states the mutual-mistake rule and the risk-allocation limit. Restatement (Second) of Contracts 151, Restatement (Sec...
Citations: Restatement (Second) of Contracts 151, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 154, NCBE NextGen UBE Content Scope, Contracts
A contractor submitted a written bid of $82,000 for a school renovation. The next lowest bid was $124,000. The school...
...Which statement is most accurate? The best answer applies unilateral mistake where the nonmistaken party had reason to know of a clerical error. Restatement (Second) of Contracts 153, NCBE NextGen UBE Content Scope, Con...
Citations: Restatement (Second) of Contracts 153, NCBE NextGen UBE Content Scope, Contracts
A jurisdiction follows a Model Penal Code-style manslaughter rule. A defendant intentionally killed a victim while un...
...emotional distress caused by facts the defendant honestly but partly mistakenly believed were true. Which statement best describes the possible mitigation? The best answer states the Model Penal Code-style extreme emoti...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.3
A passenger sued "Metro Bus Company" in federal court after a city bus struck her car. The complaint was filed two da...
...ryone knew which bus accident was at issue and that she made a naming mistake. How should the court analyze the motion to amend? Discuss amendment as a matter of course, Rule 16 good cause, Rule 15 leave, relation back f...
Citations: Fed. R. Civ. P. 15, Fed. R. Civ. P. 16(b)(4), Fed. R. Civ. P. 4(m), Krupski v. Costa Crociere S.p.A.
A plaintiff timely sued "Harbor Cruises Inc." after being injured on a ship. The proper owner was "Harbor Cruises LLC...
...key party-change relation-back issues are notice of the action and a mistake about the proper party within the Rule 4(m) period. Fed. R. Civ. P. 15(c), Fed. R. Civ. P. 4(m), Krupski v. Costa Crociere S.p.A.
Citations: Fed. R. Civ. P. 15(c), Fed. R. Civ. P. 4(m), Krupski v. Costa Crociere S.p.A.
An MPT task memo asks you to draft a persuasive brief supporting a motion to set aside a default judgment against a s...
...ng for her hospitalized father, emailed the insurer the same day, and mistakenly believed the insurer would retain counsel. The owner did not check the docket for 38 days. After learning of the default, she contacted cou...
Citations: NCBE MPT preparation materials, NCBE MPT overview
At a crowded airport baggage carousel, a traveler picked up a black suitcase that looked exactly like his own. He was...
...t is most accurate? The best answer recognizes that an honest factual mistake about ownership can negate larceny's specific intent. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
At the end of a federal civil trial, the judge declined to give the defendant's requested jury instruction. The defen...
...review usually requires both preservation and prejudice; a preserved mistake that did not affect substantial rights does not justify reversal. Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
Citations: Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
Ian, a sculptor, displayed several works in a private gallery. The written consignment agreement allowed Ian to remov...
...Analyze Ian's defenses to each charge. This essay tests intoxication, mistake of fact, mistake of law, and the distinction between specific-intent and genera...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04, Model Penal Code 2.08
In a crowded bar, a patron suddenly raised a fist and stepped toward another patron from two feet away. The second pa...
...d another patron from two feet away. The second patron reasonably but mistakenly believed he was about to be punched and pushed the first patron away, causing a bruise. Which statement best describes the second patron's...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Olive and Mateo owned neighboring lots. Without checking a survey, Mateo believed a strip behind Olive's garage belon...
...This essay tests trespass to land, trespass to chattels, conversion, mistake, and damages. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts