...te? The best answer states the governing standard for content-neutral regulation in a traditional public forum. U.S. Const. amend. I, Ward v. Rock Against Racism, Perry Education Association v. Perry Local Educators' Ass...
Citations: U.S. Const. amend. I, Ward v. Rock Against Racism, Perry Education Association v. Perry Local Educators' Association
...end. IV, United States v. Leon, Herring v. United States, Franks v. Delaware
Citations: U.S. Const. amend. IV, United States v. Leon, Herring v. United States, Franks v. Delaware
A former federal contractor sues the President for civil damages based on a statement the President made during an official press conference explaining termination of a federal contract. Another plaintiff sues the Pre...
Citations: U.S. Const. art. II, Nixon v. Fitzgerald, Clinton v. Jones, Trump v. Vance
...ged with aggravated assault after a nightclub stabbing. Her appointed lawyer also represented Rosa's friend Eli, who was charged as an accomplice in the same case. Rosa repeatedly told the lawyer that she was across town...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington, Missouri v. Frye, Lafler v. Cooper, Cuyler v. Sullivan
...er the statute. Which statement best describes the hiker's mistake-of-law argument? The best answer applies the ordinary rule that mistake of law is not a defense based on private misunderstanding. NCBE NextGen UBE Conte...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
...ch charge. This essay tests intoxication, mistake of fact, mistake of law, and the distinction between specific-intent and genera...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04, Model Penal Code 2.08
...ims that a defense witness became unavailable. Which test governs the constitutional speedy-trial claim? The best answer states the constitutional speedy-trial balancing test. NCBE NextGen UBE Content Scope, Criminal Pro...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo
...peared at trial, but the judge excluded her testimony because Malik's lawyer had listed her as a witness one day late. The judge did not consider a continuance or other lesser sanction. During voir dire, Juror 8 said he...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips
...r other lesser remedy. Which statement best describes the defendant's constitutional argument? The best answer states the constitutional limit on excluding material defense witnesses. NCBE NextGen UBE Content Scope, Crim...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi
...ned. The complaint also alleges that all citizens have an interest in lawful federal administration. The association seeks an injunction vacating the permit and requiring the agency to reconsider it. Which statement best...
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
...omply next month, that the suit concerns patient privacy and pharmacy regulation, and that the association seeks only declaratory and injunctive relief. The state argues that the association cannot sue because the affect...
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.
...ent best describes the public-trial issue? The best answer states the constitutional standard for courtroom closure. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Waller v. Georgia
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Waller v. Georgia
Malik leased an apartment with his roommate Ana. Jae, who lived elsewhere, came to the apartment for two hours to package pills for sale. Riley, Ana's cousin, had slept on the couch for the past three nights while vis...
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
...mandeer state government. Private data brokers also object to federal regulation. Which parts of the Act are likely valid, and which parts raise an anti-commandeering problem? Discuss. This essay tests Reno v. Condon and...
Citations: U.S. Const. amend. X, Reno v. Condon, Printz v. United States
...te courts had denied interpreters in criminal arraignments and family-law hearings. The Act also creates a damages action against any private landlord who refuses to rent to a tenant with a disability, based on Congress'...
Citations: U.S. Const. amend. XIII, U.S. Const. amend. XIV, sec. 5, City of Boerne v. Flores, United States v. Morrison, Tennessee v. Lane, Jones v. Alfred H. Mayer Co.
Defendant E was tried in state court for arson of a warehouse. A jury was sworn, and two witnesses testified. On the third day, the judge declared a mistrial because a juror suffered a medical emergency and no alterna...
Citations: U.S. Const. amend. V, Blockburger v. United States, United States v. Perez, United States v. Dixon, Gamble v. United States
Police arrest a robbery suspect and take a smartphone from his pocket. Without a warrant, an officer opens the phone and searches text messages and photos for evidence of the robbery. Which statement is most accurate?...
Citations: U.S. Const. amend. IV, Riley v. California
Police investigating a theft use several methods to gather information: they listen from a public sidewalk, attach a tracker to a suspect's car while it is parked in the driveway, and obtain detailed long-term locatio...
Citations: U.S. Const. amend. IV, Katz v. United States, United States v. Jones
A city auditor's job includes reviewing contracts for waste and writing internal reports. After finding serious overbilling, the auditor writes a required report to her supervisor. The city later disciplines her for t...
Citations: U.S. Const. amend. I, Garcetti v. Ceballos, Pickering v. Board of Education
A city building inspector discovered that several new apartment buildings had passed inspection despite serious fire-code violations. As part of her job, she wrote an internal memo to her supervisor recommending that...
Citations: U.S. Const. amend. I, Pickering v. Board of Education, Connick v. Myers, Garcetti v. Ceballos, Lane v. Franks
A city ordinance requires that 25 percent of every public-construction contract be awarded to subcontractors owned by members of specified racial minority groups. A nonminority subcontractor who lost a bid challenges...
Citations: U.S. Const. amend. XIV, Adarand Constructors, Inc. v. Pena, City of Richmond v. J.A. Croson Co., Students for Fair Admissions, Inc. v. President and Fellows of Harvard College
A federal grand jury investigating bribery by private contractors subpoenaed recordings of Oval Office meetings between the President and senior advisers. The subpoena identifies specific dates and topics and seeks ev...
Citations: U.S. Const. art. II, United States v. Nixon, Nixon v. Fitzgerald, Clinton v. Jones, Trump v. Vance
A House committee is investigating whether federal cybersecurity grants are being misused by state contractors. The committee issues subpoenas to a contractor for invoices and to a former agency official for testimony...
Citations: U.S. Const. art. I, sec. 6, cl. 1, McGrain v. Daugherty, Watkins v. United States, Gravel v. United States, Eastland v. United States Servicemen's Fund, Trump v. Mazars USA, LLP
City A owns a downtown plaza connected to public sidewalks and regularly opens it for rallies, concerts, and festivals. After several noisy protests, the city adopted a speech ordinance. The ordinance prohibits "polit...
Citations: U.S. Const. amend. I, Perry Education Association v. Perry Local Educators' Association, Ward v. Rock Against Racism, Reed v. Town of Gilbert, Forsyth County v. Nationalist Movement
USABarPrep Coach