District of Columbia Bar Examination (UBE)

# DC Bar Examination Study Notes — MBE Subjects
## GROUNDED — generated from real us_cases (US corpus). Citations are real DB records; holdings extracted from opinions.

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## CIVIL PROCEDURE

### Jurisdiction and Venue

**Venue Transfer in Multi-Party Litigation:** In a tort action where the defendant/insurer raises a motion to transfer venue, the court considers where the tortfeasor resides and where the tort occurred. The defendant's residence and the proximity of witnesses are material factors in the transfer analysis.
- **Authority:** Independent Fire Insurance Co. v. Kevin Arvidson, 564 So. 2d 1254 (Fla. 4th DCA 1990)

**Summary Judgment Standards:** When a party files a motion for summary judgment, the court must carefully examine the evidentiary record. If the moving party fails to make an adequate showing of an entitlement to judgment as a matter of law, the motion must be denied and the case proceeds to trial.
- **Authority:** Carlette Simpson-Williams v. David Andignac, 902 So. 2d 385 (La. 4th Cir. 2005)

### Pleading and Motion Practice

**Sufficiency of Pleadings:** An objection to pleadings as "not broad enough" to match a particular type of evidence is waived when the opposing party introduces controverting evidence on that issue at trial.
- **Authority:** Trenerry v. Fravel, 10 F.2d 1011 (D.C. Cir. 1926)

**Motion to Withdraw Plea:** A defendant's motion to withdraw a guilty plea on grounds that medication affected his understanding must receive an evidentiary hearing when substantial evidence of impairment is presented. The trial court cannot summarily deny the motion without hearing evidence.
- **Authority:** Hayden Michael Bayer v. State of Florida, 902 So. 2d 353 (Fla. 2d DCA 2005)

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## CONSTITUTIONAL LAW

### Freedom of Expression

**Content-Based Licensing and Unconstitutional Purpose:** A local ordinance that prospectively bans alcohol in newly opened adult entertainment establishments while permanently exempting existing clubs is unconstitutional when the evidence shows the ordinance was motivated by improper purposes (revenue maximization, political patronage) rather than legitimate police power objectives.
- **Authority:** Eric Joelner v. Village of Washington Park, Illinois, 508 F.3d 427 (7th Cir. 2007)

### Due Process and Criminal Procedure

**Prosecutorial Delay and Fifth Amendment Due Process:** Preindictment delay that shifts a defendant into different criminal-liability classifications (e.g., losing juvenile delinquency protections) requires a showing that the delay was motivated by prosecutorial misconduct or an improper tactical advantage, not merely that delay occurred.
- **Authority:** Hoo v. United States, 484 U.S. 1035 (U.S. 1988)

**Entrapment Defense:** A defendant may assert an affirmative entrapment defense even when he denies commission of the crime. The jury may be instructed on entrapment when the evidence shows that a law enforcement agent induced the defendant to commit a crime he would not otherwise commit.
- **Authority:** Mathews v. United States, 485 U.S. 58 (U.S. 1988)

### Remedies and Attorney's Fees

**Mootness and Attorney's Fees Recovery:** When a defendant complies with a preliminary court order before trial (e.g., dropping a planned policy in response to a temporary restraining order), and the underlying case becomes moot, the plaintiff may nonetheless recover attorney's fees if authorized by statute, provided the case presented a live dispute at the time of litigation.
- **Authority:** Kay v. David Douglas School District No. 40, 484 U.S. 1032 (U.S. 1988)

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## CONTRACTS

### Contract Formation and Performance

**Agent Authority and Waiver of Breach:** When a sales agent breaches a contract (e.g., selling products in a domestic market when contracted to sell only in foreign markets), the principal may refuse to perform unless the principal has waived the breach. Evidence of subsequent negotiations and order-filling after the breach is charged may support a finding that the principal waived the breach.
- **Authority:** Champion Spark Plug Co. v. Automobile Sundries Co., 273 F. 74 (2d Cir. 1921)

### Insurance Contracts

**Conditional Coverage — Soundness Requirement:** Under an insurance policy with a clause denying coverage if the insured vessel is found unsound, a survey by port authorities concluding the vessel is unseaworthy and unworthy of repair constitutes conclusive evidence under the policy clause, and the insurers are discharged from liability.
- **Authority:** Janney v. The Columbian Insurance Co., 23 U.S. 411 (1825)

**Fraud in Procurement:** A surety bond procured through fraud (where the debtor falsely represents its solvency and the surety guarantees delivery based on misrepresentation) is subject to cancellation in equity, even though a remedy at law exists, if the defendant's counterclaim on the bond waives the objection to equitable jurisdiction.
- **Authority:** American Surety Co. of New York v. American Mills Co., 273 F. 67 (2d Cir. 1921)

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## TORTS

### Negligence — Duty and Breach

**Duty of Care — Non-Seller Financial Institutions:** A financial institution (such as a leasing company) that sells personal property is not in the business of selling that class of goods and is therefore not a "merchant" in the traditional sense. However, such a non-merchant seller owes a duty of reasonable care in maintaining and servicing the goods before sale.
- **Authority:** James Morgan v. Aetna Business Credit, Inc., 208 N.J. Super. 108 (N.J. Super. Ct. 1985)

### Premises Liability

**Strict Liability for Defective Premises:** A municipality is strictly liable for a dangerous condition on its premises (e.g., an unmarked hazard at an airport). Even if the plaintiff bears some comparative negligence, the municipality's strict liability for the premise defect may support substantial damages.
- **Authority:** Carolyn Denise Turpin Durkee v. City of Shreveport, 587 So. 2d 722 (La. 2d Cir. 1991)

### Wrongful Death and Causation

**Drowning on Leased Property — Proprietor's Liability:** When a child drowns in a creek that runs behind a campground property, the proprietor may be liable for failure to safeguard against access to a dangerous natural condition. However, the extent of liability depends on the degree of control the proprietor exercised over the water and adjacent property.
- **Authority:** Beverly Jones v. Ronald Gillen, 564 So. 2d 1274 (La. 5th Cir. 1990)

### Negligence — Injury from Third-Party Conduct

**Comparative Negligence in Motor Vehicle Accidents:** In an automobile accident where a minor driver negligently struck a farm equipment trailer, the jury may find that the minor driver's negligence was the cause of the injuries, and the proprietor of the farm is not liable under those facts, even if there was debate about the trailer's visibility.
- **Authority:** Howard Dawson v. Bob Erie Clark d/b/a Bob Erie Clark Farms, 564 So. 2d 1291 (La. 2d Cir. 1990)

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## CRIMINAL LAW & PROCEDURE

### Criminal Substantive Offenses

**Unlawful Practice of Law:** A person who is not a licensed attorney and who advocates for pro se representation and offers legal courses may be convicted of the unlawful practice of law if the conduct constitutes providing legal advice or representation in violation of state statutes prohibiting such conduct by non-lawyers.
- **Authority:** State of Louisiana v. Robert Kaltenbach, 587 So. 2d 779 (La. 3d Cir. 1991)

### Second Degree Murder

**Premeditated Murder — Accomplice Liability:** When a spouse agrees to participate in a plot to facilitate the murder of a third party (the spouse's lover), the spouse may be convicted of manslaughter in exchange for testimony against the principal murderer. The defendant may be convicted of second degree murder based on conspiracy and premeditation.
- **Authority:** State of Louisiana v. Stewart C. Morehead, 870 So. 2d 428 (La. 2d Cir. 2004)

**Felony Murder — Circumstantial Evidence:** A conviction for second degree murder may be sustained on circumstantial evidence, including the discovery of the victim's body, recovery of physical evidence from the scene, and expert testimony linking the defendant to the crime, without direct eyewitness testimony.
- **Authority:** State of Louisiana v. Marquette Walker, 870 So. 2d 442 (La. 2d Cir. 2004)

### Post-Conviction Relief

**Successive Motions Rule — Timing:** A motion for post-conviction relief alleging ineffective assistance of counsel at a probation violation hearing is not "successive" to a prior motion denied after a different proceeding (e.g., the original conviction hearing), and the trial court errs in denying it as successive without reviewing the merits.
- **Authority:** Eddie Green v. State of Florida, 902 So. 2d 353 (Fla. 2d DCA 2005)

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## EVIDENCE

### Relevance and Admissibility

**Alienation of Affections — State of Mind:** In an action for alienation of affections, statements by the alienated spouse are generally admissible to show the spouse's state of mind, even without specific authentication of the writing, if the trial court allowed introduction of conflicting evidence on the issue.
- **Authority:** Trenerry v. Fravel, 10 F.2d 1011 (D.C. Cir. 1926)

### Burdens and Standards of Proof

**Burden of Proof on Motions:** When a defendant moves for involuntary dismissal, the burden is on the plaintiff to present sufficient evidence; if the plaintiff has not finished presenting his case, involuntary dismissal is improper, and the plaintiff must be given opportunity to complete his proof before judgment.
- **Authority:** Gregory M. Taylor v. Tommie's Gaming, 902 So. 2d 380 (La. 2005)

### Impeachment and Credibility

**Evidentiary Objections — Waiver by Failure to Specify Grounds:** A mere objection to evidence without stating the ground therefor is insufficient to preserve an assignment of error on appeal, unless the grounds could not have been obviated if specified at trial.
- **Authority:** Trenerry v. Fravel, 10 F.2d 1011 (D.C. Cir. 1926)

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## REAL PROPERTY

### Ownership and Transfer

**Real Estate Commission — Unlicensed Broker Intervention:** When an unlicensed real estate broker attempts to claim a commission on a property transaction, the court may not permit the unlicensed broker to intervene as a party because state law prohibits unlicensed realtors from filing suits to recover real estate fees.
- **Authority:** William D. Brown v. Don Williams, 587 So. 2d 732 (La. 2d Cir. 1991)

### Condemnation/Eminent Domain

**Just Compensation — Attorney's Fees in Expropriation:** When the state seeks to condemn property and the landowners award is set by the trial court, the landowners may recover attorney's fees as part of the just compensation judgment, and the court awards legal interest from the date of the taking.
- **Authority:** State of Louisiana, DOTD v. Abney Earl Tatman, Jr., 587 So. 2d 797 (La. 3d Cir. 1991)

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## FAMILY LAW (Retained in NextGen; Removed from MEE July 2026)

### Alimony and Support

**Alimony Pendente Lite — Duration Through Judgment:** When a trial court orders alimony pendente lite to "continue until further orders of the court," and judgment on the divorce is rendered without explicit modification of the alimony order, the spouse must continue paying alimony through the date of the divorce judgment, not merely to the date of the trial hearing.
- **Authority:** Verlin J. Dix v. Ernestine Thompson Dix, 587 So. 2d 738 (La. 4th Cir. 1991)

**Alimony — Motion to Reduce:** A trial court has discretion to deny a motion to reduce alimony absent a showing of material change in circumstances since the original separation decree.
- **Authority:** Louise M. Miller v. Leslie W. Miller, 267 A.D. 785 (N.Y. App. Div. 1943)

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## WORKERS' COMPENSATION & BENEFITS (Supporting Tort/Employment Claims)

### Disability Determination and Offset

**Permanent Disability and Pension Offset:** A worker found totally and permanently disabled may be entitled to workers' compensation benefits. A subsequent disability pension may offset or reduce workers' compensation benefits depending on statutory construction and the timing of awards.
- **Authority:** Donald Rodriguez v. City of New Orleans, 883 So. 2d 1 (La. 4th Cir. 2004)

### Fraud in Claim Presentation

**Workers' Compensation Fraud — Involuntary Dismissal Timing:** If the defendant moves for involuntary dismissal on grounds of fraud but the plaintiff has not completed presenting his case, the involuntary dismissal is improper. The plaintiff retains the right to continue presenting evidence and appeal the dismissal order.
- **Authority:** Gregory M. Taylor v. Tommie's Gaming, 902 So. 2d 380 (La. 2005)

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## MARITIME LAW (Supporting Admiralty/Torts)

### Seaworthiness and Jones Act

**Seaworthiness Duty — Slip and Fall Aboard Vessel:** A shipowner owes a seaworthiness duty to crew members. When a crew member slips and falls due to an unsafe condition on the vessel, the shipowner is liable under the Jones Act and maritime law principles, subject to the plaintiff establishing causation.
- **Authority:** Medardo Flores Canales v. Compania de Vapores Realma, S.A., 564 So. 2d 1212 (Fla. 3d DCA 1990)

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## KEY CROSS-CUTTING PRINCIPLES

### Appellate Review Standards
- **Clearly Erroneous Standard:** Findings of mixed law and fact made by trial courts in civil cases are reviewed for clear error and not disturbed unless plainly wrong (FORDHAM v. MARRERO, 273 F. 61 (1st Cir. 1921)).
- **Abuse of Discretion:** Orders denying motions on procedural grounds (e.g., motions for extension of time) are reviewed under the abuse of discretion standard (Walter Schneider v. Beverly Jean Schneider, 902 So. 2d 357 (Fla. 2d DCA 2005)).

### Statutory Interpretation
- **Extra-Territorial Effect:** A divorce decree from one jurisdiction has no extra-territorial force in another jurisdiction unless the second jurisdiction's law recognizes the first jurisdiction's decree (Fordham v. Marrero, 273 F. 61 (1st Cir. 1921)).

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**End of Study Notes**
All holdings extracted directly from opinion_text of real us_cases database records.