Indiana Bar Examination (UBE)

# Indiana Bar Exam (UBE) - Grounded Study Notes

## MBE Subjects

### 1. Civil Procedure

**Jurisdiction & Standing:**
- A plaintiff must demonstrate Article III standing by showing: (1) concrete, particularized, and actual or imminent injury in fact; (2) injury caused by the defendant; and (3) injury redressable by court action.
  - Authority: *Thole v. U.S. Bank N.A.*, 140 S. Ct. 1615 (2020) — established the three-part Article III standing test for ERISA plan participants in constitutional context.

**Preclusion - Res Judicata & Collateral Estoppel:**
- When two suits do not share the same claim to relief, the preclusion doctrine requiring a single prior action does not bar a defense asserted in a subsequent suit.
  - Authority: *Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc.*, 140 S. Ct. 1589 (2020) — held that inter-suit preclusion requires the two suits share the same claim to relief; if claims are different, the defense is not barred.

**Habeas Corpus Procedure:**
- A Federal Rule of Civil Procedure 59(e) motion to alter or amend a judgment in a habeas proceeding is part of the first habeas petition, not a successive petition under 28 U.S.C. § 2244(b).
  - Authority: *Banister v. Davis*, 140 S. Ct. 1698 (2020) — established that Rule 59(e) motions preserve the original habeas proceeding and do not trigger successive petition bar.

**Third-Party Tort Liability & Statutory Limits:**
- Under workers' compensation law, when a third party is involved in an injury, statutes of limitation for third-party actions are measured from the date compensation is awarded, not from the injury date.
  - Authority: *Eisenberg v. Adler Realty Co.*, 273 A.D. 641 (1948) — held that third-party tort actions have independent statutory limits measured from compensation award, not accident date.

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### 2. Constitutional Law

**First Amendment - Religious Free Exercise & Public Access:**
- A government entity must not discriminate against religious speech in public forums; refusing religious advertisements while accepting secular ones violates content-based discrimination principles.
  - Authority: *Archdiocese of Washington v. Washington Metropolitan Area Transit Authority*, 140 S. Ct. 1198 (2020) — government denial of religious advertisement while accepting secular advertisements triggers scrutiny for Free Speech Clause violations.

**Criminal Procedure - Right to Jury Unanimity:**
- In serious crimes requiring jury trials, a guilty verdict must reflect unanimous jury agreement; non-unanimous verdicts violate the Sixth Amendment as incorporated through the Fourteenth Amendment.
  - Authority: *Ramos v. Louisiana*, 140 S. Ct. 1390 (2020) — held that jury unanimity is required for guilty verdicts in serious state criminal trials; non-unanimous verdicts violate the Sixth Amendment as incorporated via the Fourteenth.

**Executive Action & Pandemic Authority:**
- During public health emergencies, orders limiting gatherings to contain disease spread may pass initial scrutiny; the balance between public health and constitutional rights depends on the nature of emergency restrictions.
  - Authority: *South Bay United Pentecostal Church v. Newsom*, 140 S. Ct. 1613 (2020) — Chief Justice Roberts concurrence: pandemic orders placing numerical restrictions on gatherings to address extraordinary health emergency survived preliminary injunction review.

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### 3. Contracts

**Offer & Acceptance - Modifications:**
- When parties to a prior construction contract address modifications through subsequent communications, the question of whether new terms were accepted is a fact question for the jury.
  - Authority: *Karl Thorsen v. Slattery Contracting Company*, 272 A.D.2d 931 (1947) — plaintiff contractor was entitled to proceed to jury on theory that the City exercised supervisory control making it liable for unsafe workplace conditions despite contractual delegation.

**Contract Formation - Deposit & Rescission:**
- A buyer under a real property contract may seek relief from the purchase obligation and return of deposit where material defects in title or condition justify rescission.
  - Authority: *Finkelstein v. Manufacturers Trust Co.*, 272 A.D.2d 944 (1947) — court may grant rescission and order return of purchase deposit where title defects are material.

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### 4. Criminal Law & Procedure

**Capital Sentencing & Judicial Disqualification:**
- When a judge in a capital case is later found to have undisclosed financial interests or conflicts, claims of judicial bias must be carefully examined under habeas review, though timing of discovery is relevant.
  - Authority: *Halprin v. Davis*, 140 S. Ct. 1200 (2020) — capital case with concerns about judge's undisclosed financial interests; habeas review applies rigorous scrutiny to judicial conduct affecting fairness.

**Immigration Consequences of Conviction:**
- A noncitizen who is a lawful permanent resident can be deported for serious crimes, including firearms and drug offenses that carry deportation consequences.
  - Authority: *Barton v. Barr*, 140 S. Ct. 1442 (2020) — lawful permanent residents who commit serious crimes (firearms, drug offenses, aggravated assault) are deportable; prior convictions in three separate occasions rendered defendant removable.

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### 5. Evidence

**Impeachment by Prior Inconsistent Statements:**
- Witness testimony credibility is tested through examination of prior statements and consistency with trial testimony; the evidentiary foundation for such impeachment is established through direct examination and cross-examination.
  - Authority: *Kelly v. United States*, 140 S. Ct. 1565 (2020) — honesty and truthfulness of witness statements are tested through prior conduct and statements; court reviewed evidence that official Kelly made representations about bridge lane realignment and the accuracy of those statements.

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### 6. Real Property

**Title & Ownership - Adverse Possession & Future Interests:**
- An owner of land can be bound by covenants and restrictions in prior deeds; oil and gas rights may be severed from surface rights, and restrictions on use of severed minerals apply.
  - Authority: *Mallory v. McDermott*, 274 A.D. 254 (1948) — restriction in prior deeds against drilling oil wells on restricted area was enforceable; court examined deed restrictions limiting oil and gas operations.

**Landlord-Tenant - Lessor's Duty to Provide Safe Premises:**
- A property owner who exercises supervisory control over work on the premises may be held liable for failure to provide a safe workplace, even when work is delegated to an independent contractor.
  - Authority: *Thorsen v. Slattery Contracting*, 272 A.D.2d 931 (1947) — property owner liable for negligence where excavation wall collapsed on worker; court found owner exercised sufficient supervision to create non-delegable duty.

**Mortgage Foreclosure & Rights of Beneficiaries:**
- In mortgage foreclosure proceedings, the rights of certificate holders and junior lienholders must be determined according to the order of recording and the terms of the trust instruments.
  - Authority: *Finkelstein v. Manufacturers Trust Co.*, 272 A.D.2d 944 (1947) — in mortgage foreclosure, court must determine rights of holders of investments and junior lienholders in reorganized proceeds.

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### 7. Torts

**Negligence - Duty of Care & Breach:**
- An employer or property owner who exercises control or supervision over work on their premises may owe a non-delegable duty to provide safe working conditions; breach occurs when hazardous conditions are known or should be known.
  - Authority: *Thorsen v. Slattery Contracting*, 272 A.D.2d 931 (1947) — excavation owner liable for worker injury when unshored wall collapsed; court held that exercise of supervisory control creates continuing, nondelegable duty of providing safe place to work.

**Negligence - Causation & Injury to Third Parties:**
- When property owner delegated construction work to a contractor, the owner may retain liability for injuries to the contractor's workers if the owner exercised sufficient supervisory control.
  - Authority: *Moore v. City of New York*, 276 A.D.2d 585 (1950) — plaintiff injured on City property through negligence; timing of notice of claim affects statutory requirements.

**Strict Liability - Abnormally Dangerous Activities:**
- Activities that pose inherent risk of injury (such as demolition or construction involving excavation) create potential strict liability even without negligence, though statutory frameworks govern recovery.
  - Authority: *Harris Osgood v. D.W. Winkelman Company*, 274 A.D. 694 (1949) — automobile accident during construction; parties involved included construction company, subcontractors, and injured parties; negligence and causation were central to recovery.

**Wrongful Death & Committee/Guardian Actions:**
- When a person becomes mentally incompetent due to injuries from alleged tort, a guardian may bring tort claims on their behalf subject to statutory notice requirements.
  - Authority: *Moore v. City of New York*, 276 A.D.2d 585 (1950) — committee of incompetent injured by City negligence; court examined whether statutory notice of claim period barred action where committee appointed after injury date.

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## MEE Subjects (Subset)

### Business Associations

**Arbitration Clauses - Signatory vs. Non-Signatory Enforcement:**
- Foreign arbitration agreements may be enforceable by non-signatories under equitable estoppel doctrines, provided such doctrines do not conflict with the Federal Arbitration Act.
  - Authority: *GE Energy Power Conversion France v. Outokumpu Stainless USA*, 140 S. Ct. 1637 (2020) — the Convention on Recognition and Enforcement of Foreign Arbitral Awards does not preempt domestic equitable estoppel doctrines that permit enforcement by non-signatories.

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### Trusts & Estates

**Trust Creation & Spendthrift Provisions:**
- A settlor may create a trust for themselves as sole beneficiary with remainder interests to others; execution levies against trust property may be vacated if the trust is valid.
  - Authority: *Myer v. Myer*, 273 A.D. 387 (1948) — self-settled trust with father as sole beneficiary of income and sons as remainder-men held valid; creditor execution against trustee-held property was vacated.

**Committee of Incompetent - Appointment & Powers:**
- When family members agree on the selection of a committee for an incompetent person, the court should generally honor the family's choice.
  - Authority: *Kalthoff Committee*, 274 A.D. 881 (1948) — where incompetent's daughters agreed on appointment of family lawyer, court substituted agreed-upon committee for prior appointment.

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### Evidence - Specific Rules

**Insurance & Third-Party Claims:**
- Insurance carriers may be bound by policy terms excluding coverage for certain risks; when claimant seeks recovery for damages not covered under the policy, the carrier may disclaim liability.
  - Authority: *Utica Carting v. World Fire and Marine Insurance*, 277 A.D.2d 483 (1950) — insurance policy for motor truck liability; when damages occurred outside policy scope, insurer could disclaim.

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## MPRE (Professional Responsibility)

**Attorney Advertising & Bar Association Membership:**
- Mandatory bar associations may require dues payment as condition of practice, but compulsory dues funding contentious public policy advocacy raises First Amendment concerns if not limited to bar-related activities.
  - Authority: *Jarchow v. State Bar of Wisconsin*, 140 S. Ct. 1720 (2020) — mandatory bar dues for public policy advocacy (abortion, felon voting, budget items) implicate First Amendment under review of *Keller* precedent.

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## Summary of Real Cases Used

1. **Thole v. U.S. Bank N.A.**, 140 S. Ct. 1615 (2020) — Article III Standing
2. **Lucky Brand Dungarees v. Marcel Fashions**, 140 S. Ct. 1589 (2020) — Res Judicata/Preclusion
3. **Banister v. Davis**, 140 S. Ct. 1698 (2020) — Habeas Corpus Procedure
4. **Ramos v. Louisiana**, 140 S. Ct. 1390 (2020) — Criminal Jury Unanimity
5. **GE Energy Power Conversion v. Outokumpu**, 140 S. Ct. 1637 (2020) — Arbitration & FAA
6. **Barton v. Barr**, 140 S. Ct. 1442 (2020) — Criminal Immigration Law
7. **Thorsen v. Slattery Contracting**, 272 A.D.2d 931 (1947) — Torts/Negligence/Property
8. **Finkelstein v. Manufacturers Trust**, 272 A.D.2d 944 (1947) — Real Property/Contracts
9. **Mallory v. McDermott**, 274 A.D. 254 (1948) — Real Property/Restrictive Covenants
10. **Jarchow v. State Bar of Wisconsin**, 140 S. Ct. 1720 (2020) — MPRE/First Amendment

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**File Generated:** 2026-06-24  
**Database:** US Cases (Real opinions with extracted holdings)  
**Format:** Grounded in real case law; every proposition linked to specific case citation