Exam (elaborations)
Uniform Bar Exam (UBE) MBE Review Questions and Answers Latest Update
- Course
- Uniform Bar
- Institution
- University Of California - Berkeley
Uniform Bar Exam (UBE) MBE Review Questions and Answers Latest Update
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Solution 2024/2025Pepper
Uniform Bar Exam (UBE): MBE Review
Questions and Answers Latest Update
Civil Procedure: Jurisdiction & Venue - Can a litigant raise personal
jurisdiction challenges in an amended answer? ANS✔✔ Federal 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) ANS✔✔ Erie 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? ANS✔✔ Federal 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?
ANS✔✔ A 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?
ANS✔✔ Federal 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.
, Solution 2024/2025
Pepper
Civil Procedure: Jury Trials - When may a defendant appeal based on jury
instructions? ANS✔✔ Federal 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? ANS✔✔ The 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? ANS✔✔ Even
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? ANS✔✔ The 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).
Contracts: Defenses to Enforceability -When is nondisclosure a
misrepresentation? ANS✔✔ Nondisclosure of a fact is the equivalent of a
misrepresentation when a person knows that disclosure of the fact is
necessary to prevent some previous assertion from being a
misrepresentation.
Contracts; Performance, Breach, and Discharge - Anticipatory Repudiation
Requirements ANS✔✔ Anticipatory repudiation requires (1) an overt
communication of an intention not to perform a contractual obligation or (2)
an action that renders performance impossible or shows a party's
determination not to perform. UCC § 2-610, cmt. 1.
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