...ork for a company "until the data-migration project is complete." The parties expected the project to take 15 months, but the contract did not require a minimum term and the project could have been completed within 10 mo...
Citations: Restatement (Second) of Contracts 110, NCBE NextGen UBE Content Scope, Contracts
A forum follows the better-law approach to choice of law. The parties dispute whether the forum should apply a modern comparative-fault rule or another state's older contributory-negligence rule. Which statement best des...
Citations: Choice-influencing considerations approach
...d the Safe Campus Drone Act, making it a federal crime for any person to possess a camera-equipped drone within 1,000 feet of a school. The statute contains no requirement that the drone, the camera, or the possessor hav...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison, Gonzales v. Raich
Police required a suspect in a voice lineup to repeat the phrase used by a robber during the crime so a witness could listen for the robber's voice. The suspect argues that being forced to speak violated the Fifth Amendm...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Dionisio, United States v. Wade
Two people agreed to commit a crime that, by definition, requires the voluntary participation of exactly those two people. No one else joined the plan, and the agreement did not create a broader criminal project. Which s...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
Two secured parties have perfected security interests in the same equipment, and no PMSI, buyer, lien-creditor, or control priority rule applies. What is the baseline Article 9 priority rule? The question tests the basel...
Citations: UCC 9-322
...mation claim based on those words? This question tests opinion and rhetorical hyperbole. NCBE MBE Subject Matter Outline, Torts, Milkovich v. Lorain Journal Co.
Citations: NCBE MBE Subject Matter Outline, Torts, Milkovich v. Lorain Journal Co.
A buyer falsely told a boat owner, "My cashier's check has already cleared, and my bank confirmed the funds," knowing the check was fake. Relying on that statement, the owner signed over the boat title and handed the buy...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3, Model Penal Code 223.4
A collector owned a rare watch. A jeweler falsely told the collector, "I need to inspect the watch for one hour to confirm whether it is real," while intending to sell it. The collector handed over the watch but said, "B...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.3, Model Penal Code 223.8
A defendant maliciously set fire to curtains inside another person's occupied house. The flames charred a wooden window frame before being extinguished. Which statement best describes common-law arson? The best answer st...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1
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
A defendant told a business owner, "Pay me $10,000 by Friday or I will falsely accuse you online of stealing from customers." The owner paid because of the threat. Which statement best describes extortion? The best answe...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.4
A defendant took a bicycle from a rack without permission intending only to ride it around the block and return it. After riding for several minutes, he decided to keep it and hid it in his garage. Which statement best d...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
A 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, p...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.6
A nonprofit treasurer had authority to hold donation checks in the nonprofit's bank account and pay approved expenses. The treasurer transferred $6,000 of donation money to his personal account and used it for a vacation...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.8
A pawnshop owner bought five new laptops for $100 each from a stranger in an alley after the stranger said, "These came from a school break-in, but nobody can trace them." The pawnshop owner resold two laptops the next d...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.6
A person falsely told a neighbor he needed to borrow the neighbor's camera for one hour to photograph storm damage. The neighbor handed over the camera but expected it back the same day. The person immediately sold it. W...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3
A shopper put a store's diamond bracelet into his coat pocket, intending to keep it, and walked toward the exit. Store security stopped him before he left the building. Which statement best describes larceny? The best an...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
A shopper slipped an expensive camera into his backpack while inside an electronics store, intending to keep it. A security guard confronted him near the exit and grabbed the backpack. The shopper shoved the guard hard e...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1, Model Penal Code 222.1
A tenant had permission to enter a neighbor's apartment to feed a cat while the neighbor traveled. The tenant entered during the evening intending to feed the cat. Once inside, he became angry about a past dispute and li...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1, Model Penal Code 221.1
...t unlocked window of another person's house, climbed inside intending to steal jewelry, and was caught before touching anything. Which statement best describes common-law burglary? The best answer states the common-law b...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1
...without advance notice and appointed another distributor. Analyze the parties' rights and duties under the requirements clause and the exclusive-dealing clause. This essay tests Article 2 quantity terms, requirements and...
Citations: UCC 2-306, UCC 2-309, NCBE NextGen UBE Content Scope, Contracts
...judgment for the defendant in an ordinary civil case between private parties. The plaintiff wants to appeal as of right. Which statement best describes the ordinary notice-of-appeal requirement? The correct answer state...
Citations: Fed. R. App. P. 3, Fed. R. App. P. 4(a)(1)
...ent. Tenant counterclaims for damages and rent abatement. Discuss the parties' claims. Address quiet enjoyment, actual partial eviction, constructive eviction, landlord responsibility for the interference, the effect of...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
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