A corporation's articles limit director monetary liability to the fullest extent permitted by statute. A shareholder sues directors for an uninformed decision and separately sues one director for secretly taking a vendor...
Citations: Model Business Corporation Act director-liability principles
A limited 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 answ...
Citations: Carden v. Arkoma Associates, Section 1332 diversity principles
In a federal products-liability trial, the jury returns a general verdict for the plaintiff but also answers written questions saying the product was not defective and the defect caused no injury. The parties dispute wha...
Citations: Fed. R. Civ. P. 49
Two founders want to operate through a limited liability company. When does an LLC generally come into legal existence? The correct answer states the basic statutory formation trigger for an LLC. Revised Uniform Limited...
Citations: Revised Uniform Limited Liability Company Act principles
A consumer filed a federal products-liability action after a battery-powered scooter caught fire. Before suit, the consumer's lawyer sent the manufacturer a letter identifying the scooter model, the fire date, the warran...
Citations: Fed. R. Civ. P. 26(f), Fed. R. Civ. P. 37(e)
...rporation's articles include a provision limiting directors' monetary liability to the fullest extent permitted by the corporation statute. A shareholder alleges that directors made an ordinary negligent business decisio...
Citations: Model Business Corporation Act director-liability limitation principles
A defendant answered a federal complaint by denying liability. The answer did not mention release, payment, statute of limitations, or waiver. Six months later, the defendant sought summary judgment based on a release si...
Citations: Fed. R. Civ. P. 8(c), Fed. R. Civ. P. 15
A plaintiff won a federal jury verdict in a products-liability case. Before trial, the district court denied the defendant's Rule 12(b)(6) motion on a purely legal preemption issue. At trial, the defendant objected to on...
Citations: Fed. R. Civ. P. 46, Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
A state Good Samaritan statute provides immunity from civil liability for an uncompensated person who provides emergency aid in good faith, but it does not protect willful, reckless, or grossly negligent conduct. A volun...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
In a product-liability case, Plaintiff offers Manufacturer's customer-service log. The log entry was made by a call-center employee during work and says, "Caller reported that her Model Q blender smoked and then exploded...
Citations: Fed. R. Evid. 805
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
In a products-liability case claiming that a pressure cooker exploded because its lid lock failed, the plaintiff offers evidence of prior explosions involving the same model and the same lid-lock mechanism. The manufactu...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401, Fed. R. Evid. 403
In a products-liability case, a factory technician who repaired the machine after the accident will testify that a worn bearing caused the machine to seize. Her conclusion is based on vibration analysis and her specializ...
Citations: Fed. R. Evid. 701, Fed. R. Evid. 702
In a products-liability trial, Plaintiff calls Inspector, who examined a conveyor belt three days after Worker was injured. Inspector testifies that she remembers the inspection but cannot recall the exact measurements...
Citations: Fed. R. Evid. 612, Fed. R. Evid. 611, Fed. R. Evid. 803(5)
...made a secured loan to Green Valley Robotics LLC, a Delaware limited liability company with its chief executive office and factory in State A. The security agreement covered all equipment, inventory, accounts, and gener...
Citations: UCC 9-301, UCC 9-307, UCC 9-310, UCC 9-502, UCC 9-504
O conveys land "to Museum, but if alcohol is ever sold on the premises, O may enter and terminate the estate." Museum later permits wine to be sold at a fund-raiser. Before O takes any action, what interests exist? The c...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...damages cap is designed to protect State A defendants from excessive liability. State B allows full recovery to compensate injured plaintiffs. In a case involving a State B plaintiff and a State B defendant, the injury...
Citations: Modern governmental-interest analysis
State X substantive law governs a products-liability claim. State X caps noneconomic damages at $500,000 to limit manufacturer liability. The case is filed in State F, which has no cap. How should the damages cap usually...
Citations: Conflict-of-laws principles
...Subject Matter Outline, Torts, Restatement (Third) of Torts: Products Liability
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts: Products Liability
.... Which statement best describes causation in the consumer's products-liability claim? This question tests causation in products liability. NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts: Products L...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts: Products Liability
...inction between dissociation and dissolution. Revised Uniform Limited Liability Company Act principles
Citations: Revised Uniform Limited Liability Company Act principles
...Subject Matter Outline, Torts, Restatement (Third) of Torts: Products Liability
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts: Products Liability
...mer. What is the likely effect of the disclaimer on a strict products-liability tort claim for personal injury? This question tests the effect of disclaimers on strict products-liability tort claims. NCBE MBE Subject Mat...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts: Products Liability
...Which statement best describes the department store's strict products-liability exposure? This question tests retailer liability in the product distribution chain. NCBE MBE Subject Matter Outline, Torts, Restatement (Sec...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts: Products Liability
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