Plaintiff sues Defendant for negligence. At trial, Plaintiff calls Witness, who testifies that immediately after the collision Defendant exclaimed, 'I'm so sorry — I was looking at my phone!' Defendant objects on hearsay grounds. Under the Federal Rules of Evidence, the statement is:
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Question · Easy
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Under FRE 404(b), evidence of a defendant's prior bad acts is:
Chapter 1: UBE Architecture & Bar Study Strategy
1.1 UBE Architecture, Scoring Mechanics & Jurisdiction Cutoffs
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Buyer and Seller sign a written contract for the sale of a custom-built widget for $750. The contract states: 'This is the complete and final agreement of the parties.' At trial, Buyer offers evidence that the parties orally agreed Seller would also provide a one-year service plan. Under the UCC, the oral evidence is:
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Question · Hard
Offeror sends Offeree a written offer to sell goods, stating: 'This offer will remain open for 30 days.' The offer is signed by Offeror, who is a merchant. No consideration is given. Five days later, Offeror revokes. Under UCC § 2-205, the revocation is:
Owner conveys Blackacre 'to A for life, then to A's children who reach 21.' At the time of conveyance, A has no children. Under the common-law Rule Against Perpetuities, the interest in A's children is:
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Question · Medium
Driver runs a red light and strikes Pedestrian, who is jaywalking. Pedestrian is found 40% at fault and Driver is found 60% at fault. Pedestrian's total damages are $100,000. Under a pure comparative negligence system, Pedestrian's recovery is:
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1.2 NextGen Bar Exam Transition & Comparative Architecture
Defendant intentionally fires a gun at Victim 1, missing but striking Victim 2. Under the doctrine of transferred intent, Defendant is liable to Victim 2 for:
A state statute bans all door-to-door solicitation between 6 p.m. and 9 a.m. A religious organization sues, claiming the statute violates the First Amendment. Under the Free Speech Clause, the statute is most likely:
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Congress enacts a statute imposing federal regulations on private employers based on the Commerce Clause. The Supreme Court will uphold the regulation under modern Commerce Clause jurisprudence if it regulates:
Defendant is charged with burglary. At common law, burglary is defined as:
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1.3 400–600 Hour Bar Prep Architecture & Active Recall Strategies
Police obtain a search warrant supported by an affidavit later proven to contain false statements. To suppress evidence under the Fourth Amendment, the defendant must show that:
Plaintiff (citizen of State A) sues Defendant (citizen of State B) in federal district court in State A. The amount in controversy exceeds $75,000. Defendant moves to dismiss for lack of personal jurisdiction, arguing Defendant has never set foot in State A. Defendant's only contact is that Defendant sold one product through an interactive website to a State A consumer. Under International Shoe and its progeny, personal jurisdiction is:
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Plaintiff serves Defendant with a complaint and summons. Defendant fails to answer within 21 days. Under Federal Rule 55, Plaintiff may seek:
An undercover federal agent provides extensive encouragement, financial assistance, and supplies to a defendant to commit a drug offense the defendant had previously refused to commit. At trial, Defendant raises the entrapment defense. Under the federal subjective test, Defendant must show:
Chapter 2: Civil Procedure: Jurisdiction & Pretrial
2.1 Subject Matter Jurisdiction, Supplemental Jurisdiction & Removal
Owner of Blackacre executes and delivers a deed to Buyer 1 for valuable consideration. Buyer 1 does not record. Owner then conveys Blackacre to Buyer 2, who has actual knowledge of the prior sale to Buyer 1. Buyer 2 records first. In a notice jurisdiction, who has title?
Plaintiff files a federal complaint asserting only a state-law breach of contract claim. The complaint properly pleads diversity of citizenship and $80,000 in damages. Defendant moves to dismiss for lack of subject-matter jurisdiction. Under 28 U.S.C. § 1332, the motion should be:
Under FRE 801(c), hearsay is defined as a statement that:
Defendant is charged with first-degree murder. The prosecution must prove which mental state?
2.2 Personal Jurisdiction, Service of Process & Venue
A landowner builds a swimming pool but fails to fence it. A 7-year-old child wanders onto the property and drowns. Under the attractive nuisance doctrine, the landowner may be liable if:
Buyer and Seller enter a written contract for the sale of 1,000 widgets at $10 each. Before delivery, Buyer learns the market price has dropped to $7. Buyer wrongfully refuses delivery. Under UCC § 2-708, Seller may recover:
A state statute requires all public schools to begin each day with a one-minute period of silence 'for prayer or meditation.' A parent challenges the law under the Establishment Clause. Under Lemon v. Kurtzman (as refined by Kennedy v. Bremerton, 597 U.S. 507), the law is:
Plaintiff and Defendant are both citizens of State A. Plaintiff sues Defendant in federal court alleging a violation of Title VII (federal employment discrimination statute). Subject-matter jurisdiction is proper under:
2.3 The Erie Doctrine, Pleadings & Pre-Answer Motions
A contract states: 'Buyer shall pay Seller $50,000 on June 1. If Buyer fails to pay, Buyer shall pay Seller liquidated damages of $200,000.' Buyer fails to pay. Seller seeks to enforce the $200,000 clause. Most courts will:
Defendant is being prosecuted for embezzlement. The prosecution offers a tape recording of Defendant's voice making an incriminating statement. To authenticate the recording, the prosecution may use:
Defendant is arrested and questioned at the station. Police give Miranda warnings. Defendant says, 'I want a lawyer.' Police continue questioning. Defendant then confesses. Under Edwards v. Arizona, the confession is:
Owner of Blackacre grants Neighbor a written easement to cross the property to reach a public road. The easement is for a fixed term of 10 years. This is best characterized as:
Chapter 3: Civil Procedure: Discovery, Trial & Preclusion
3.1 Joinder of Claims, Parties, Interpleader & Class Actions
A plaintiff sues a defendant for negligence. At the close of plaintiff's evidence, defendant moves for judgment as a matter of law under Rule 50(a). The court should grant the motion if:
Plaintiff sues Defendant for negligence, asserting Defendant was driving while intoxicated. Plaintiff offers evidence that Defendant was convicted of DUI in a prior criminal case based on the same incident. Under FRE 803(22), the conviction is admissible:
Husband and Wife are domiciled in State A. While vacationing in State B, both die in a car accident. Their wills bequeath all property to the surviving spouse, but neither will addresses what happens if they die simultaneously. Under the Uniform Simultaneous Death Act:
An attorney represents a client in litigation. During preparation, the attorney learns the client intends to commit perjury at trial. The attorney's ethical obligation is to:
3.2 Scope of Discovery, Work-Product Doctrine & Summary Judgment
The Indian Civil Rights Act of 1968 (ICRA), 25 U.S.C. § 1301 et seq., imposes on tribal governments most of the protections of the U.S. Bill of Rights. However, ICRA notably does NOT include which of the following?
Under the Major Crimes Act, 18 U.S.C. § 1153, the federal government has jurisdiction over certain serious crimes committed by Indians in Indian Country. The Major Crimes Act applies to:
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The Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq., applies to:
South Dakota's status under Public Law 280 (P.L. 280) is best described as:
3.3 Trial Motions, Claim Preclusion, Issue Preclusion & Appeals
Under 18 U.S.C. § 1151, 'Indian Country' is defined as:
A non-Indian commits a misdemeanor assault against another non-Indian within reservation boundaries on the Pine Ridge Reservation in South Dakota. Which government has criminal jurisdiction?
The General Crimes Act, 18 U.S.C. § 1152, extends federal criminal laws into Indian Country. It applies to:
Under Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), tribal courts:
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