Uniform Bar Exam (UBE): MBE Review Exam Study Guide.

Uniform Bar Exam (UBE): MBE Review Exam Study Guide. Civil Procedure: Jurisdiction & Venue - Can a litigant raise personal jurisdiction challenges in an amended answer? - answerFederal Rule of Civil Procedure 12(h) permits litigants to raise personal-jurisdiction challenges for the first time in an answer that is amended as a matter of course under Rule 15(a)(1). Civil Procedure: Law Applied by Federal Courts - Erie Doctrine (Diversity Jurisdiction) - answerErie R. Co. v. Tompkins, 304 U.S. 64 (1938), the court is to apply whatever law would be applied by the courts of the state in which the district court is sitting. Civil Procedure: Pretrial Procedures - What must a an order granting a TRO state? - answerFederal Rule of Civil Procedure 65(d) requires that every order granting a TRO must state the reasons why it was issued and must detail the acts restrained, which this order failed to do. Civil Procedure: Pretrial Procedures - May a TRO be issued without notice? - answerA TRO may be issued without notifying the party to be enjoined if the moving party submits an affidavit certifying the reasonable efforts made to give notice. Civil Procedure: Pretrial Procedures - What is a Compulsory Counterclaim? - answerFederal Rule of Civil Procedure 13(a) defines a compulsory counterclaim as one that arises out of the same transaction or occurrence that is the subject matter of the plaintiff's claim. Civil Procedure: Jury Trials - When may a defendant appeal based on jury instructions? - answerFederal Rule of Civil Procedure 51(d)(2) provides that the defendant's appeal can only be successful if the instruction affected the defendant's substantial rights, which is the standard for plain error. Constitutional Law: The Separation of Powers - What does the Take Care Clause require of the President? - answerThe Take Care Clause requires the President to take care that the laws be faithfully executed. Constitutional Law: The Relation of Nation & States in a Federal System -When may a nondiscriminatory state law be unconstitutional? - answerEven a nondiscriminatory state law may be unconstitutional if the burden on interstate commerce clearly outweighs the state's interest in regulation. Constitutional Law: The Relation of Nation & States in a Federal System - Can the state directly tax the federal government? - answerThe state cannot impose a tax directly on the federal government or any of its agencies. United States v. New Mexico, 455 U.S. 720 (1982).