...used for hospital purposes for more than 100 years. What is the best Rule Against Perpetuities analysis of O's possibility of reverter? The correct answer identifies the RAP exception for retained grantor interests. NCB...
Citations: NCBE MEE Subject Matter Outline, Common law Rule Against Perpetuities
...ild, B. B had one child, C, age 3. No statute modifies the common-law Rule Against Perpetuities. After the conveyance, A had a second child, D. D later had a child, E. A then died. B and D took possession for their lives...
Citations: NCBE MEE Subject Matter Outline, Common law Rule Against Perpetuities
...e when the deed is delivered. The jurisdiction applies the common-law Rule Against Perpetuities without wait-and-see or statutory reform. What is the best analysis of the future interest in A's children? The correct answ...
Citations: NCBE MEE Subject Matter Outline, Common law Rule Against Perpetuities
...nt wants immediate appellate finality. Which statement best describes Rule 54(b)? The answer gives the exact Rule 54(b) gateway for appeals from partial final judgments. Fed. R. Civ. P. 54(b), 28 U.S.C. 1291
Citations: Fed. R. Civ. P. 54(b), 28 U.S.C. 1291
...ce while both spouses are alive and married. What is the best general rule? The question tests creditor protection for tenancy by the entirety property. NCBE MEE Subject Matter Outline, Family Law, NCBE MEE Subject Matte...
Citations: NCBE MEE Subject Matter Outline, Family Law, NCBE MEE Subject Matter Outline, Real Property
...is most accurate? The best answer applies the postdeprivation-remedy rule for random unauthorized losses of property. U.S. Const. amend. XIV, Parratt v. Taylor, Hudson v. Palmer, Daniels v. Williams
Citations: U.S. Const. amend. XIV, Parratt v. Taylor, Hudson v. Palmer, Daniels v. Williams
...iss the entire case for misjoinder. Which statement is most accurate? Rule 21 is a case-management rule. It corrects party and claim structure without requiring dismissal of the whole case. Fed. R. Civ. P. 21
Citations: Fed. R. Civ. P. 21
...do not arise from the same events. Which statement is most accurate? Rule 18 is broad, but it is not a jurisdictional statute. A joined claim still needs an independent or supplemental jurisdictional basis. Fed. R. Civ...
Citations: Fed. R. Civ. P. 18, 28 U.S.C. 1367
...statement? The correct answer states the basic full faith and credit rule for sister-state judgments. U.S. Constitution Article IV, Section 1, 28 U.S.C. 1738
Citations: U.S. Constitution Article IV, Section 1, 28 U.S.C. 1738
...d home repairs, so they should proceed together. How should the court rule? Discuss permissive joinder of plaintiffs and defendants, misjoinder, severance, and protective measures. This essay tests permissive party joind...
Citations: Fed. R. Civ. P. 20, Fed. R. Civ. P. 21, Fed. R. Civ. P. 42
...State D only because her lawyer's office is there. NorthCable's first Rule 12 motion moved to dismiss for lack of personal jurisdiction and failure to state a claim, but did not mention venue. After that motion was denie...
Citations: 28 U.S.C. 1406, Fed. R. Civ. P. 12(b)(3), Fed. R. Civ. P. 12(h)
...in, or transfer the case? Discuss. This essay tests the special venue rule for removed actions and transfer after removal. 28 U.S.C. 1441(a), 28 U.S.C. 1404(a), Polizzi v. Cowles Magazines, Inc.
Citations: 28 U.S.C. 1441(a), 28 U.S.C. 1404(a), Polizzi v. Cowles Magazines, Inc.
...and allows evening marches on nearby streets. A group challenges the rule facially. Which statement is most accurate? The best answer states the governing standard for content-neutral regulation in a traditional public...
Citations: U.S. Const. amend. I, Ward v. Rock Against Racism, Perry Education Association v. Perry Local Educators' Association
...essay tests public forums, content discrimination, time-place-manner rules, and licensing discretion. U.S. Const. amend. I, Perry Education Associa...
Citations: U.S. Const. amend. I, Perry Education Association v. Perry Local Educators' Association, Ward v. Rock Against Racism, Reed v. Town of Gilbert, Forsyth County v. Nationalist Movement
...s a federal statutory claim against ForeignCo in federal court. Which rule may supply personal jurisdiction if constitutional requirements are met? The correct answer states the federal long-arm rule in Rule 4(k)(2). Fed...
Citations: Federal Rule of Civil Procedure 4(k)(2)
...until March 1. On February 10, Judgment Creditor obtained a judgment against Debtor and the sheriff levied on the equipment. On February 20, Debtor filed bankruptcy. A different lender, Bank, had filed a proper financin...
Citations: UCC 9-317, Bankruptcy Code 544(a)
...ntrol and a statutory priority advantage. Lender C argues that filing against all deposit accounts should also matter. Discuss priority in the original Bank A deposit account among Bank A, Lender B, and Lender C. This es...
Citations: UCC 9-104, UCC 9-327
...ert a related state-law claim against a nondiverse party joined under Rule 14. Which supplemental jurisdiction rule is most relevant? The correct answer states the most tested Section 1367(b) limitation. 28 U.S.C. 1367(b
Citations: 28 U.S.C. 1367(b)
...may enforce equality and access to courts through broad prophylactic rules. Analyze Congress's power to enact each part of the Act. This essay tests Congress's Reconstruction Amendment enforcement powers and limits. U.S...
Citations: U.S. Const. amend. XIII, U.S. Const. amend. XIV, sec. 5, City of Boerne v. Flores, United States v. Morrison, Tennessee v. Lane, Jones v. Alfred H. Mayer Co.
...grounds. Which statement is most accurate? The correct answer applies Rule 804(b)(3)'s statement-against-interest exception. Fed. R. Evid. 804(b)(3)
Citations: Fed. R. Evid. 804(b)(3)
...fety-duty issue and the damages-cap issue. Address conduct-regulating rules, loss-allocating rules, state interests, and depecage. This essay tests issue-by-issue analysis, conduct regulation, loss allocation, and depeca...
Citations: Restatement (Second) of Conflict of Laws, Modern governmental-interest analysis
...hotel's defense against the bank? The best answer states the defense rule governing obligors after assignment. Restatement (Second) of Contracts 336, NCBE NextGen UBE Content Scope, Contracts
Citations: Restatement (Second) of Contracts 336, NCBE NextGen UBE Content Scope, Contracts
...and because adding it will complicate the case. How should the court rule on the proposed third-party complaint and related claims? Discuss Rule 14 timing, derivative liability, claims by the plaintiff and third-party d...
Citations: Fed. R. Civ. P. 14, Fed. R. Civ. P. 13, 28 U.S.C. 1367
...ons. A protest group sued for an injunction. After the district court ruled against the city, the city repealed the ordinance but announced that it might adopt a similar rule before the next convention. The group also ch...
Citations: U.S. Const. art. III, sec. 2, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
USABarPrep Coach