Exam (elaborations)
UBE BAR EXAM QUESTION AND SOLUTION PAPER 2024/2025
- Course
- UBE Bar
- Institution
- New York University
UBE BAR EXAM QUESTION AND SOLUTION PAPER 2024/2025
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UBE BAR EXAM QUESTION ANDSOLUTION PAPER 2024/2025
F.O.B. (buyer's location) transfers risk when Answer: To the buyer once the item is given to a
common carrier
Does Congress have the power to provide uniform rules for bankruptcy Answer: Yes
Class Action Fairness Act Requirements Answer: 1. At least 100 members
2. Primary Defendants are not states, state officials, or state entities
3. Does not involve securities related cases
4. Amount in controversy exceeds $5 million in sum
5. Minimum diversity (one P, one D from different states)
Marketable title must be Answer: Free and clear of an unreasonable risk of litigation at the time of
closing
When does a buyer acquire insurable interest in goods? Answer: When the goods are identified
(unless contract states otherwise)
Common-law murder Answer: unlawful killing of another
with malice aforethought
Crimes capable of Felony-Murder at common Law Answer: Burglary
Arson
Robbery
,Rape
Kidnapping
Malice aforethought Answer: ONE of the following
-Intent to kill
-intent to do serious bodily injury
-Reckless indifference for human life (depraved heart)
-Intent to commit a felony
Voluntary manslaughter Answer: Murder in response to adequate provocation ("heat of passion")
Could inflame passion of a reasonable person to the extent they cat out of passion rather than reason
Involuntary manslaughter Answer: Intentional Homicide committed with criminal negligence
(recklessness under MPC) or during unlawful act
Something less than depraved-heart murder
Larceny Answer: Trespassory
Taking and
Carrying away
of the personal property of another
With the intent (specific)
to permanently deprive person of property
Does not include services
,Robbery Answer: Larceny + force or threat of force
Embezzlement Answer: Owner of property entrusts property with another
The other then converts the property
Larceny by trick Answer: Larceny
Accomplished by fraud or deceit
That results in conversion of property of another
Forgery Answer: Making
Of a false writing
With apparent legal significance &
Intent to defraud
False Pretenses Answer: Obtaining title to property
of another person
Through the reliance of that person
On a known false representation of a material past or present fact
The representation is made with the intent to defraud
Prior extrinsic evidence allowed in Parol Evidence Rule Answer: Determining
Ambiguous terms
Condition precedent
, Default Judgment Notice Requirements Answer: For "sum certain" - no notice
For all others - 7 days
Ineffective Assistance of Counsel Answer: 1- Representation by defendant's attorney must fall
below objective standard of reasonableness
AND
2- Attorney's deficient performance prejudiced defendant
How do you appeal Class Action Certification Answer: - Within 14 days of certification
- Whether to hear appeal is at court's discretion
- Final judgment rule does not apply
Federal Statutory Interpleader Jurisdiction Answer: - $500 in controversy
- Any 2 defendant diverse from Plaintiff
Is a cross-claim mandatory Answer: NO
Last time to demand jury trial Answer: 14 days after the last pleading
Default Negligence Standard for MBE Answer: Pure comparative negligence
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