...ligence action against the contractor, which statement best describes proximate cause? This question tests proximate cause for intervening criminal conduct. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...orsened injury. Which statement is most accurate? This question tests proximate cause for negligent medical treatment after an initial injury. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...luding depraved-heart murder, involuntary manslaughter, actual cause, proximate cause, and the effect of the surgeon's negligence. This essay tests depraved-heart murder, reckless manslaughter, criminal negligence, and c...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4
...rvening cause that cuts off liability. Which statement best describes proximate cause? This question tests proximate cause for rescue injuries. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...e infection. Ana sues the store for negligence. Analyze actual cause, proximate cause, and the damages Ana may recover from the store. Address the store's arguments based on the red-light driver and the nurse. This essay...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...vestors hesitate. Metro Supply admits negligent stacking but disputes proximate cause and the amount of damages. Analyze proximate cause and damages for the injured customer, the firefighter, and the restaurant. This ess...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...er common approaches, including qualifying felony, merger, agency and proximate-cause theories, immediate flight, and temporary safety. This essay tests felony murder, merger, timing, flight, temporary safety, and agency...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2
...charged with felony theft waited 20 months for trial. Some delay was caused by court congestion, some by prosecution negligence, and some by defense continuances. The defendant demanded a speedy trial twice and claims t...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo
A defendant deliberately caused contact during a confrontation but denied any desire to injure. The facts are close, and both sides can cite a rule that appears favorable. What should a strong answer do first? Correct. I...
Citations: Battery, assault, false imprisonment, trespass doctrines
A defendant deliberately caused contact during a confrontation but denied any desire to injure. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How should the is...
Citations: Battery, assault, false imprisonment, trespass doctrines
A defendant deliberately caused contact during a confrontation but denied any desire to injure. The requested remedy would protect one party but impose a substantial burden on another party who had notice of the risk. Th...
Citations: Battery, assault, false imprisonment, trespass doctrines
A federal court dismisses a state-law negligence claim solely because diversity jurisdiction is missing. What is the likely claim-preclusion effect on refiling the negligence claim in a state court with jurisdiction? The...
Citations: Fed. R. Civ. P. 41(b), Semtek International Inc. v. Lockheed Martin Corp.
...based on an affidavit later found insufficient to establish probable cause. The affidavit was not knowingly false and described recent suspicious purchases and a tip from a named neighbor, but the reviewing court conclu...
Citations: U.S. Const. amend. IV, United States v. Leon, Herring v. United States, Franks v. Delaware
...acturer in federal court, alleging that fumes from a cleaning solvent caused permanent lung injury. After a full discovery period, the manufacturer moved for summary judgment. The manufacturer did not offer its own medic...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e), Celotex Corp. v. Catrett
...d at trial, Witness testifies that she recognizes Defendant's voice because she spoke with Defendant in person during a deposition two months after the call and the recorded voice has the same distinctive accent and spee...
Citations: Fed. R. Evid. 901(b)(5)
...nnual dividends, but this year the board decided not to declare one because it wants to fund a new product line. The corporation is profitable and solvent. A minority shareholder demands that the court order a dividend b...
Citations: Model Business Corporation Act shareholder approval and appraisal principles, NCBE MEE Business Associations outline
...icycle to a customer. The frame cracked during ordinary city riding because of a manufacturing flaw. The shop is a merchant that regularly sells bicycles. Which statement best describes the implied warranty of merchantab...
Citations: UCC 2-314, NCBE NextGen UBE Content Scope, Contracts
...supports a motion to set aside default. The record helps the client because she quickly contacted counsel after learning of default, but it also shows she failed to check the docket for 38 days. How should the brief hand...
Citations: NCBE MPT preparation materials
...gned a contract on March 1, received $40,000, breached on July 1, and caused $90,000 in damages. The answer denied damages but did not respond to the allegations about signing, receiving money, or breach. Which statement...
Citations: Fed. R. Civ. P. 8(b)
A consumer bought a sealed electric kettle from a department store. Because of a defect existing when the kettle left the manufacturer, it exploded and injured the consumer. The department store did not inspect, alter, o...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts: Products Liability
...a manufacturer claiming that a lawn mower was defectively designed because it lacked an automatic blade stop that would have prevented his injury. The jurisdiction applies a risk-utility approach to design defect. Which...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts: Products Liability
A defendant deliberately caused contact during a confrontation but denied any desire to injure. A party invokes an equitable or discretionary remedy after contributing to the problem. What is the best analysis? Correct...
Citations: Battery, assault, false imprisonment, trespass doctrines
A defendant deliberately caused contact during a confrontation but denied any desire to injure. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomplete in...
Citations: Battery, assault, false imprisonment, trespass doctrines
A defendant deliberately caused contact during a confrontation but denied any desire to injure. After an initial agreement or ruling, later conduct created ambiguity about whether the required legal element was satisfied...
Citations: Battery, assault, false imprisonment, trespass doctrines
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