Minnesota Bar Examination (UBE)

# Minnesota Bar Examination (UBE) - Grounded Study Notes

**GROUNDED** - generated from real us_cases (US corpus). Citations are real DB records; holdings extracted from opinions.

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## CONTRACTS AND SALES

### Contract Formation & Validity
**Rule:** A valid contract requires offer, acceptance, and consideration. Courts must examine whether parties intended to be bound and whether essential terms were agreed upon.

**Authority:** St. Charles County, Missouri v. "A Joint Board or Commission", 184 S.W.3d 161 (Missouri Ct. App. 2006)
- **Holding:** Agreement executed by parties may be void where parties did not have actual authority to enter into binding obligations, or where the agreement was defective in formation.

### Real Property Transactions & Brokers
**Rule:** A real estate broker is entitled to commission only if the broker actually procured the buyer or substantially participated in negotiations resulting in a sale.

**Authority:** Gattermeir-Elliott Real Estate Company, L.L.C. v. K.H., Inc., 184 S.W.3d 188 (Missouri Ct. App. S. Dist. 2006)
- **Holding:** A broker who merely "submitted" property but did not participate in actual negotiations or procure the lessee is not entitled to commission, even if the lessee's name appeared on the broker's submitted list.

### Tortious Interference & Contract Relations
**Rule:** Parties to a contract may seek remedies for wrongful interference by third parties who intentionally disrupt contractual relations.

**Authority:** Tri-State Building Specialties, Inc. v. NCI Building Systems, L.P., 184 S.W.3d 242 (Tex. App.—Houston [1st Dist.] 2005)
- **Holding:** A defendant's jurisdictional challenge must be decided first; special appearance issues take precedence over substantive contract claims.

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## CIVIL PROCEDURE

### Personal Jurisdiction & Due Process
**Rule:** A court must have personal jurisdiction over a defendant to enter a valid judgment. Minimum contacts with the forum state must be such that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice.

**Authority:** Rossiter v. Hall, 20 F. Cas. 1253 (E.D.N.Y. 1866)
- **Holding:** A court can acquire jurisdiction over copyright infringement cases involving goods manufactured within its district; proper service and presence of property supports jurisdiction.

### Administrative Law & Standing
**Rule:** A party seeking to challenge a government action must establish standing to sue and must raise justiciable claims. Political questions and non-reviewable discretionary actions are not subject to judicial review.

**Authority:** Gregory Aharonian v. Carlos Gutierrez, Secretary of Commerce, 524 F. Supp. 2d 54 (D.D.C. 2007)
- **Holding:** Claims challenging the appointment of a government official may be non-justiciable political questions outside the scope of judicial review; dismissal is proper when no judicially reviewable standard applies.

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## CONSTITUTIONAL LAW

### Equal Protection & Due Process
**Rule:** State action that deprives citizens of property or equal protection violates the Fifth and Fourteenth Amendments. Plaintiffs must establish prima facie evidence of discriminatory intent or policy.

**Authority:** Ed Gomez v. City of New York, 29 A.D.3d 738 (N.Y. App. Div. 2006)
- **Holding:** A taking claim requires admissible evidence showing that a specific municipal policy constituted an unconstitutional taking; summary judgment for the government is proper where plaintiff fails to present evidence in admissible form.

### Administrative Procedure & Statutory Rights
**Rule:** Statutes that create rights to interpreters or language assistance in administrative proceedings may be subject to constitutional challenge, but such rights are generally constitutional when applied to adjudications.

**Authority:** Obdulio Sandoval v. Raymond P. Martinez, 29 A.D.3d 774 (N.Y. App. Div. 2006)
- **Holding:** State Administrative Procedure Act § 301(6) requiring qualified interpreters for deaf persons in agency proceedings is constitutional and does not violate due process or equal protection.

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## TORTS

### Trespass to Land
**Rule:** Trespass occurs when a person intentionally enters another's land without consent. The possessor must give prior warning; going upon land does not constitute trespass without prior notice.

**Authority:** Woodruff v. The State, 170 Ala. 2 (Ala. 1911)
- **Holding:** To establish criminal trespass after warning, the person in possession or authorized agent must give actual warning before the entry; a warning not to "move families" does not constitute a warning not to enter the property.

### Assault & Evidence of Injury
**Rule:** In assault prosecutions, evidence of injuries resulting from the assault is admissible as res gestae to show the character and force of the assault. Expert testimony on wound patterns helps establish distance and weapon characteristics.

**Authority:** Phillips v. The State, 170 Ala. 5 (Ala. 1910)
- **Holding:** A gun expert may testify regarding powder burns, shell casings, and shot scatter patterns to establish the distance between defendant and victim at the time of the shooting; such evidence is admissible in assault and attempted murder cases.

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## CRIMINAL LAW & PROCEDURE

### Conspiracy & Group Criminal Liability
**Rule:** Multiple defendants may be charged with conspiracy and substantive crimes. Each defendant's liability is separate, and conviction requires proof of an agreement and overt act in furtherance of the conspiracy.

**Authority:** United States v. Mutulu Shakur, 570 F. Supp. 333 (S.D.N.Y. 1983)
- **Holding:** In a complex multi-defendant conspiracy prosecution, courts must carefully manage discovery and procedural rights; severance issues require balancing defendants' rights to separate trials against judicial efficiency.

### Double Jeopardy & Plea Withdrawal
**Rule:** Once jeopardy attaches and a guilty plea is accepted, withdrawal of the plea raises double jeopardy concerns. Courts may not sua sponte undo a guilty plea and accepted judgment without careful attention to jeopardy issues.

**Authority:** Joseph Alvarez Castro v. The State of Texas, 184 S.W.3d 252 (Tex. App.—Amarillo 2005)
- **Holding:** When a trial court sua sponte withdraws a guilty plea after jeopardy has attached, it raises constitutional jeopardy issues; the defendant did not withdraw the plea and the court's action may violate double jeopardy protection.

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## EVIDENCE

### Hearsay & Exceptions
**Rule:** Hearsay is an out-of-court statement offered to prove its truth and is generally inadmissible unless an exception applies. Case summaries and investigative reports may constitute "reliable hearsay" under certain circumstances.

**Authority:** In the Matter of Brandon L. Gunn v. Rachael S. Gunn, 129 A.D.3d 1533 (N.Y. App. Div. 2015)
- **Holding:** Hearsay statements by children relating to abuse and neglect may be excluded by the trial court; review of custody decisions includes examination of whether hearsay was improperly excluded or considered.

### Investigative Reports & Reliability
**Rule:** Government investigative reports and case summaries may constitute reliable hearsay admissible in quasi-judicial proceedings. Courts assess reliability based on the official nature and trustworthiness of the source.

**Authority:** The People of the State of New York v. Morgan Davis, 130 A.D.3d 598 (N.Y. App. Div. 2015)
- **Holding:** A case summary prepared by the Board of Examiners and supporting documentation presented by the People constitutes "reliable hearsay" sufficient to support findings of fact in a sex offender registration proceeding.

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## REAL PROPERTY

### Lease Terms & Jury Trial Waivers
**Rule:** Lease provisions, including waivers of jury trial and holdover provisions, are binding on tenants and subtenant successors. Such provisions apply equally to original leases and month-to-month holdovers.

**Authority:** 11 Park Place Associates v. Joseph Barnes, 204 A.D.2d 170 (N.Y. App. Div. 1994)
- **Holding:** A subtenant is bound by jury trial waiver and holdover provisions in the paramount lease; even a timely jury demand by a codefendant does not entitle a subtenant to a jury trial when the lease waives such right.

### Partnership Agreements & Lease Liability
**Rule:** A partnership agreement regarding shared obligations may be unenforceable if not in writing and if essential terms (like the identities of partners and their obligations) are not clearly established.

**Authority:** Morton Marks v. Roy Macchiarola, 204 A.D.2d 221 (N.Y. App. Div. 1994)
- **Holding:** Summary judgment is improper on a lease liability claim where alleged partners dispute whether a partnership was ever formed; oral statements regarding intention to share rent are insufficient without written agreement and clear proof of the parties' intent.

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## BUSINESS ASSOCIATIONS & CORPORATIONS

### Stock & Corporate Ownership
**Rule:** Actions to determine title to corporate stock must be carefully pleaded and must establish the specific claims of each party regarding ownership. Multiple parties may have competing claims to the same shares.

**Authority:** Jack Bellman v. Adolph Pollak, 246 A.D. 707 (N.Y. App. Div. 1935)
- **Holding:** In disputes over stock ownership, courts may refuse to consolidate related actions where separate trials are necessary to try out the title among multiple claimants before determining liability.

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## KEY PRINCIPLES ACROSS TOPICS

1. **Formation & Authority:** Contracts and business relationships require actual authority; mere apparent authority or submission of terms is insufficient to bind parties.

2. **Procedural Defenses:** Constitutional and jurisdictional defenses take priority; special appearances and administrative law claims must be resolved before substantive merits.

3. **Evidence & Proof:** Real evidence (physical evidence, expert testimony) is generally more reliable than hearsay; but certain government records may qualify as reliable hearsay in quasi-judicial proceedings.

4. **Property Rights:** Lease terms bind all successors; property rights include both affirmative rights (use, possession) and negative rights (preventing trespass).

5. **Criminal Process:** Double jeopardy and constitutional protections apply once jeopardy attaches; courts cannot sua sponte undo guilty pleas without careful jeopardy analysis.