Uniform Bar Examination (UBE) Family Law, Conflict of Laws, and the MPT Flashcards

24 sample cards from the Family Law, Conflict of Laws, and the MPT deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What is the 'most significant relationship' test of the Second Restatement?

   The court applies the law of the state with the most significant relationship to the issue, weighing contacts and policy factors (e.g., needs of the system, relevant state policies, expectations, predictability).

2. What is 'interest analysis' (Currie) in choice of law?

   A court identifies each state's governmental policies/interests. A 'false conflict' applies the only interested state's law; a 'true conflict' generally applies forum law; an 'unprovided-for' case typically applies forum law.

3. What is the difference between substance and procedure in conflicts, and why does it matter?

   The forum always applies its own procedural rules (e.g., evidence, court mechanics) but may apply another state's substantive law. Statutes of limitations are traditionally procedural (forum law), though many states now treat them as substantive via borrowing statutes.

4. What are the recognized escape devices courts use to avoid an undesirable choice-of-law result?

   Characterization (substance vs. procedure), renvoi (referring to another state's whole law including its conflicts rules), and the public policy exception (refusing to apply foreign law that violates forum policy).

5. In conflicts, which jurisdiction's law typically governs real property issues?

   The law of the situs—the place where the real property is located (lex situs) governs questions of title, conveyance, and interests in land.

6. In conflicts, what law typically governs the validity of a contract absent a choice-of-law clause?

   Under the Second Restatement, the law of the state with the most significant relationship to the transaction and parties (place of contracting, negotiation, performance, location of subject matter, and parties' domiciles).

7. What does the Full Faith and Credit Clause require regarding sister-state judgments?

   Each state must recognize and enforce a final, valid judgment on the merits rendered by another state's court that had proper jurisdiction, without relitigating the merits.

8. What three requirements must a judgment meet to be entitled to full faith and credit?

   The rendering court must have had (1) proper subject-matter and personal jurisdiction, (2) the judgment must be final and on the merits, and (3) the parties must have had a fair opportunity to be heard (due process).

9. What are the limited defenses to enforcement of a sister-state judgment?

   Lack of jurisdiction by the rendering court, the judgment was procured by extrinsic fraud, or the judgment is penal in nature. Mere errors of law or fact and public policy are NOT defenses to a sister-state judgment.

10. How are foreign-country (international) judgments treated compared to sister-state judgments?

    They are recognized as a matter of comity (not constitutional compulsion); recognition may be refused for lack of jurisdiction, lack of due process/impartial tribunal, fraud, or violation of public policy.

11. Under UCC Article 9, what transactions fall within its scope?

    Any transaction that creates a security interest in personal property or fixtures by contract, regardless of form, plus agricultural liens, sales of accounts/chattel paper/payment intangibles/promissory notes, and consignments.

12. What three elements are required for a security interest to attach and become enforceable against the debtor?

    (1) Value given by the secured party, (2) the debtor has rights in the collateral, and (3) either the debtor authenticates a security agreement describing the collateral OR the secured party takes possession/control of the collateral.

13. What is an 'after-acquired property' clause and what is the limitation on consumer goods?

    It allows a security interest to attach automatically to collateral the debtor acquires later. For consumer goods, such a clause is ineffective except for goods acquired within 10 days after the secured party gives value.

14. What does 'perfection' of a security interest accomplish?

    Perfection gives the secured party priority rights against third parties (other creditors, buyers, the trustee in bankruptcy) by providing public notice; a security interest must first attach before it can be perfected.

15. What are the principal methods of perfecting a security interest under Article 9?

    (1) Filing a financing statement, (2) possession of the collateral (pledge), (3) control (for deposit accounts, investment property, letter-of-credit rights), and (4) automatic perfection (e.g., a PMSI in consumer goods).

16. What three items must a valid financing statement contain?

    (1) The debtor's name (correct legal name), (2) the name of the secured party (or representative), and (3) an indication of the collateral covered.

17. What is a purchase money security interest (PMSI) in goods?

    A security interest taken by a seller who provides credit for the goods, or by a lender whose funds enable the debtor to acquire the goods, in those very goods (and identifiable proceeds).

18. What is the general first-in-time priority rule among competing perfected security interests?

    The first to file or perfect (whichever is earlier) has priority. A perfected security interest generally beats an unperfected one, and an unperfected interest is subordinate to a lien creditor.

19. What 'super-priority' does a PMSI in goods other than inventory/livestock enjoy?

    A PMSI in non-inventory goods (e.g., equipment) has priority over conflicting security interests in the same collateral if perfected within 20 days after the debtor receives possession.

20. Upon a debtor's default, what are the secured party's primary remedies under Article 9?

    Repossess the collateral (without breach of the peace) or by judicial action, then dispose of it by a commercially reasonable public or private sale, or accept the collateral in full or partial satisfaction (strict foreclosure).

21. What core lawyering skills does the MPT (Multistate Performance Test) assess?

    Sorting facts, analyzing legal authorities, applying law to facts, identifying and resolving ethical dilemmas, and communicating effectively in writing—performed entirely from the materials provided, without outside legal knowledge.

22. On the MPT, what are the two sets of materials provided, and what does each contain?

    The 'File' contains the case-specific documents (task memo, transcripts, correspondence, pleadings, notes). The 'Library' contains the legal authorities (cases, statutes, regulations, rules) needed—some may be irrelevant or distracting.

23. What are common MPT task types a candidate may be asked to produce?

    Persuasive briefs or motions, objective memoranda, opinion/demand letters to clients, contract or pleading drafting, discovery plans, closing arguments, and position/settlement statements.

24. How should a candidate manage time and format on the MPT (a 90-minute task)?

    Spend roughly the first 45 minutes reading the File and Library and outlining, the remaining 45 minutes writing; always follow the format, audience, and tone dictated by the task memo, and answer only the question asked.

What this deck covers

Family Law, Conflict of Laws, and the MPT flashcards FAQ