A pedestrian was standing with her back to an intersection. She heard brakes and a crash, turned around, and saw Defendant's truck stopped in the crosswalk. She did not see the traffic signal before the crash. Plaintiff...
Citations: Fed. R. Evid. 602
An experienced swimmer standing on a public dock saw a stranger struggling in calm water 20 feet away. The swimmer had not caused the stranger to enter the water, had no relationship with the stranger, and did not say or...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...restaurant, Devin saw Pat raise a glass bottle over Pat's head while standing two feet from Devin's sister, Ana. Pat shouted, "Move or I'll smash this." Devin pushed Ana behind him and shoved Pat away. Pat stumbled but...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Beacon Frame, Inc. has 1,000 shares outstanding. Olivia owns 80 shares. The board approved a three-year supply contract with a company owned by two directors. Olivia alleges that the contract price was far above market a...
Citations: NCBE MEE Business Associations outline, Model Business Corporation Act derivative proceeding principles
Congress enacted a landfill-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, any state facing certified landfill shortages may impose a surcharge on nonhazardous solid waste shipped...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Prudential Insurance Co. v. Benjamin, Western & Southern Life Insurance Co. v. State Board of Equalization
...nded to force the directors to buy Jordan's shares at a premium. What standing, demand, and adequacy issues should the court consider? Discuss. This essay focuses on derivative standing and demand rather than the merits...
Citations: Model Business Corporation Act derivative proceeding principles, NCBE February 2022 MEE derivative-standing analysis
...ry rule that mistake of law is not a defense based on private misunderstanding. 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
...ocess. The company argues that none of the plaintiffs has Article III standing because the line might be built even after a new agency process. Analyze standing for each plaintiff, including injury, causation, redressabi...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Hunt v. Washington State Apple Advertising Commission, Summers v. Earth Island Institute
...arising from confiscated property may proceed in federal court notwithstanding any executive agreement." A state statute separately bars Country X's state-owned bank from doing business in the state because the state doe...
Citations: U.S. Const. art. II, sec. 2, United States v. Belmont, United States v. Pink, Dames & Moore v. Regan, Medellin v. Texas, Zivotofsky v. Kerry
...most accurate? The best answer applies the broad public-purpose understanding of public use and keeps compensation as a separate issue. U.S. Const. amend. V, Kelo v. City of New London, Berman v. Parker, Hawaii Housing...
Citations: U.S. Const. amend. V, Kelo v. City of New London, Berman v. Parker, Hawaii Housing Authority v. Midkiff
...l him. The bullet missed the rival and killed an uninvolved bystander standing nearby. Which statement best describes the defendant's intent for the bystander's homicide? The best answer applies transferred intent to an...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
...ency to reconsider it. Which statement best describes the Article III standing issue? The best answer states the Article III standing elements and rejects generalized grievances and merits-based shortcuts. U.S. Const. ar...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Summers v. Earth Island Institute
...a protest. The newsletter included a photograph of Daniel, a teacher, standing near the courthouse steps with the caption, "The vandals had help from people who looked respectable." The full photograph, which the editor...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...decorative clock at the far end of the platform, injuring a commuter standing 90 feet away. In the commuter's negligence action against the railway, is the commuter likely to establish that the worker owed her a duty ba...
Citations: NCBE MBE Subject Matter Outline, Torts, Palsgraf duty principles
...e the shareholder bought shares in an ordinary market purchase. Which standing rule is most relevant? The correct answer states the core derivative-standing requirement. Model Business Corporation Act derivative proceedi...
Citations: Model Business Corporation Act derivative proceeding principles
...of its members? The best answer gives the Hunt test for associational standing and avoids overbroad requirements. U.S. Const. art. III, sec. 2, Hunt v. Washington State Apple Advertising Commission, Friends of the Earth...
Citations: U.S. Const. art. III, sec. 2, Hunt v. Washington State Apple Advertising Commission, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
...to divert staff from counseling to investigation and testing. Analyze standing for the two taxpayers, the bookstore, and the organization. This essay tests taxpayer standing, third-party standing, and organizational stan...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc., Craig v. Boren, Havens Realty Corp. v. Coleman
...ssages. Which taxpayer, if either, is most likely to have Article III standing? The best answer recognizes the limited Flast exception and its boundary at discretionary executive spending. U.S. Const. art. III, sec. 2, F...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc.
...room pills, laptop files, buyer testimony, and bedroom pills. Analyze standing, consent, and exclusionary-rule issues....
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Minnesota v. Olson, Minnesota v. Carter, Georgia v. Randolph, Murray v. United States, Nix v. Williams
...toward Maya's friend Dana, who had been filming the argument and was standing several feet away. Maya shouted at Leo to stop. Leo kept running with the tire iron raised. Maya fired again, wounding Leo in the leg before...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04, Model Penal Code 3.05
...o not come in." Officers arrested the suspect in the doorway on an outstanding warrant and took him away. Thirty minutes later, the roommate again consented to a search of the living room, where officers found a backpack...
Citations: U.S. Const. amend. IV, Schneckloth v. Bustamonte, Illinois v. Rodriguez, Georgia v. Randolph, Fernandez v. California, South Dakota v. Opperman, New Jersey v. T.L.O.
...oked through a basement window and saw grow lights. Later that night, standing on a public road, an officer used a thermal-imaging device not commonly available to the public. The device showed unusually high heat patter...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Katz v. United States, Florida v. Jardines, Kyllo v. United States, United States v. Dunn, Oliver v. United States
...h exception. Analyze probable cause, particularity, any Franks issue, standing, and the good-faith exception. This essay tests warrants, probable cause, particularity, Franks challenges, good faith, and suppression. U.S...
Citations: U.S. Const. amend. IV, Illinois v. Gates, Franks v. Delaware, United States v. Leon, Groh v. Ramirez
...er's suppression argument? The best answer states the personal-rights standing rule for suppression. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Brendlin v. California
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. IV, Rakas v. Illinois, Brendlin v. California
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