Rhode Island Bar Examination (UBE)

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

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## CIVIL PROCEDURE

### Jurisdiction & Venue

**Personal Jurisdiction Analysis**: When a court considers whether jurisdiction exists over a defendant following arrest or service of process, the court must analyze whether the party received adequate notice and opportunity to be heard. The foundational test requires examination of the trial court's procedures and whether due process protections were satisfied.
- **State of Louisiana v. V.L.S.** | *935 So. 2d 389* (2006)
- Holding: In termination of parental rights proceedings, a declinatory exception of lack of personal jurisdiction can be properly raised and reviewed; the state must establish personal jurisdiction over the respondent through proper service and adequate connection to the forum.

**Contract Disputes & Jurisdiction**: When parties execute a contract and disputes arise regarding contract formation and performance, the forum must have jurisdiction over the subject matter and the parties to hear claims for breach.
- **David Olive v. Tampa Educational Cable Consortium** | *723 So. 2d 883* (1998)
- Holding: Even where an agreement letter lacks a definite term, a court may find an enforceable contract exists based on the parties' course of dealing and conduct if there is mutual assent to essential terms; parol evidence may be admitted to establish contract formation.

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## CONSTITUTIONAL LAW

### Due Process & Equal Protection

**Procedural Due Process in Administrative Matters**: Administrative agencies must accord parties procedural due process, observe the essential requirements of law, and ensure their actions are supported by competent evidence.
- **Florida Department of Highway Safety & Motor Vehicles v. Jose Garcia** | *935 So. 2d 542* (2006)
- Holding: When reviewing an administrative agency's decision (such as driver's license suspension), a court must determine whether the agency (1) provided procedural due process, (2) observed the law's essential requirements, and (3) supported its action with competent evidence; failure on any prong warrants reversal.

**Recusal and Judicial Impartiality**: Judges must recuse themselves when circumstances create an appearance of impropriety or actual bias, even if the judge believes he or she can remain impartial.
- **Radcliffe 10, LLC v. Zip Tube Systems of Louisiana** | *942 So. 2d 1071* (2006)
- Holding: When a judge voluntarily discloses a campaign connection with an expert witness and the parties agree the connection alone does not warrant recusal, the judgment stands; however, any undisclosed bias or actual conflict of interest may warrant recusal and reversal.

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## CONTRACTS

### Contract Formation

**Mutual Assent and Consideration**: A valid contract requires offer, acceptance, and consideration. The test focuses on the parties' intent and whether they agreed to essential terms.
- **Florida Web Printing, Inc. v. Impact Advertising, Inc.** | *723 So. 2d 884* (1998)
- Holding: In consolidated breach of contract actions, the court may grant partial summary judgment on clear contract language while reserving other issues for trial; partial judgment does not necessarily resolve all parties' claims.

### Remedies

**Indemnity & Subrogation**: When an insurer pays a claim on behalf of its insured due to another party's failure to provide required insurance or performance, the insurer may recover those sums through an indemnity action.
- **Florida Employers Insurance Service Corporation v. Norco, Inc.** | *723 So. 2d 875* (1998)
- Holding: A common law indemnity action allows recovery when the defendant failed to maintain required workers' compensation insurance; summary judgment should not be granted if the assignee's right to indemnity depends on disputed facts about contract performance.

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## CRIMINAL LAW & PROCEDURE

### Search & Seizure / Fourth Amendment

**Warrant Requirements & Probable Cause**: Law enforcement must establish probable cause before obtaining a warrant to search a location. An anonymous tip alone, without corroboration or particularized facts describing the suspect, may be insufficient to establish probable cause.
- **State of Louisiana v. Thomas G. Hemphill, Jr.** | *942 So. 2d 1263* (2006)
- Holding: A motion to suppress evidence obtained from a search is properly granted when the initial investigation was based on an anonymous tip lacking description of the suspect and was not sufficiently corroborated to establish probable cause for the search.

**Federal Wire Fraud & Identity Theft**: Conspiring to commit wire fraud, aggravated identity theft, and transactional money laundering are distinct federal offenses; sentencing guidelines adjustments must be properly applied according to the prescribed factors.
- **United States v. Henrik Sardariani** | *580 F. App'x 532* (2014)
- Holding: Conviction for conspiracy to commit wire fraud and aggravated identity theft requires proof of the defendant's agreement to carry out the illegal scheme and at least one overt act in furtherance; sentencing adjustments for fraud loss must comply with guideline ranges.

### Hearsay & Evidentiary Issues

**Hearsay Exception: Official Reports & Expert Testimony**: In some circumstances, an investigating officer's testimony regarding statements made by third parties (such as confidential informants or government agents) may constitute hearsay; harmless error analysis applies if the testimony was inadmissible.
- **United States v. Jonathan Vieyra Herrera** | *580 F. App'x 549* (2014)
- Holding: Over the defendant's hearsay objection, testimony from an ATF agent regarding whether the defendant made a false statement in connection with firearm acquisition may be admitted if the agent's personal knowledge or prior investigation supports the factual predicates; if improper, harmless error may apply.

**Harmless Error in Evidentiary Rulings**: Even if a trial court errs in admitting hearsay testimony, the error may be harmless if other evidence of guilt is overwhelming.
- **United States v. Nelson Orellana** | *580 F. App'x 603* (2014)
- Holding: If a district court errs in admitting hearsay testimony from an investigating officer regarding statements by a confidential informant, the error is harmless if the defendant's guilt on conspiracy and distribution charges is established by independent evidence.

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## EVIDENCE

### Admissibility & Relevance

**Character Evidence & Impeachment**: Evidence of prior convictions may be admissible to impeach a witness's credibility, subject to balancing tests that weigh the probative value against prejudicial effect.
- **United States v. Tammy Fowler** | *620 F. Supp. 2d 229* (2009)
- Holding: A motion in limine to preclude cross-examination regarding prior convictions is granted in part when the probative value of impeachment evidence is substantially outweighed by the danger of unfair prejudice; collateral matters (such as outstanding warrants in other jurisdictions) are generally excluded unless they relate to truthfulness.

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## REAL PROPERTY

### Title & Ownership

**Adverse Possession & Easements**: Real property rights include fee interests, easement rights, and possessory rights that may be established through long-term occupation or creation by deed.
- **William Pape & Henry Pape v. The New York and Harlem Railroad Company** | *74 A.D. 175* (1902)
- Holding: Where a railroad received a grant of land with power to slope embankments beyond the granted premises, and later constructed a viaduct over the abutting owners' property, the extent of the railroad's easement is limited by the original grant; injunctive relief may be granted for unauthorized encroachments, but the structure is not necessarily illegal if within the scope of the grant.

### Foreclosure & Sale

**Mortgagee's Rights After Foreclosure Sale**: When a property is sold at a sheriff's sale following foreclosure, title is conveyed by the purchaser to the mortgagee; once the sale is final and the redemption period expires, the mortgagee has standing to bring ejectment against prior owners.
- **Melissa A. Downey & Timothy W. Downey v. Federal National Mortgage Association** | *590 F. App'x 587* (2014)
- Holding: After a foreclosure sale is final and the redemption period has expired, Fannie Mae, as the holder of title, has standing to evict the prior owners; counterclaims alleging violations of state law in the foreclosure process are subject to removal and dismissal on the merits if defenses do not establish state law claims.

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## TORTS

### Negligence & Duty of Care

**Duty to Maintain Infrastructure**: A municipality's duty to maintain public infrastructure (such as sewage systems) may be characterized as either discretionary (immune from suit) or ministerial (subject to suit), depending on whether the action involves policy decisions or routine maintenance.
- **Taghi "Ted" Boroujerdi v. City of Starkville** | *158 So. 3d 1106* (2015)
- Holding: When a homeowner's property is flooded with sewage from a backed-up municipal system, the city's maintenance of that system may be ministerial rather than discretionary; summary judgment for the municipality is improper if the maintenance duty involves routine operations rather than policy-level decisions.

**Premises Liability & Duty of Security**: Hotels and innkeepers may owe a duty to provide reasonable security to protect guests from foreseeable criminal acts of third parties.
- **Darlene W. Allen v. Choice Hotels International** | *942 So. 2d 817* (2006)
- Holding: A franchisor (Choice Hotels) may be found liable for failure to provide reasonable security to hotel guests only if the plaintiff establishes that the risk of criminal harm was foreseeable and that the franchisor's security procedures fell below a reasonable standard; summary judgment for the franchisor is appropriate if the plaintiff fails to establish foreseeability or inadequacy.

### Damages

**Liquidated Damages & Contract Performance**: When parties to a contract include a liquidated damages clause, the court will enforce it if the amount is a reasonable pre-estimate of damages; if the amount is a penalty, the clause is unenforceable.
- **Martin J. Bradley, III & Maria P. Bradley v. Jose M. Sanchez** | *943 So. 2d 218* (2006)
- Holding: In a real estate purchase and sale contract, liquidated damages provisions are enforced as written if they represent a reasonable forecast of harm; the trial court's final judgment for damages and denial of leave to amend is affirmed if the contract terms are clear and the plaintiffs' breach is established.

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## BUSINESS ASSOCIATIONS & COMMERCIAL LAW

### Transactional Issues

**False Statements in Firearm Acquisitions**: Federal law prohibits making false statements in connection with the acquisition of firearms; intent to deceive must be proven.
- **United States v. Jonathan Vieyra Herrera** | *580 F. App'x 549* (2014)
- Holding: A defendant who purchases firearms for another person (straw purchasing) and makes false statements on ATF forms stating he is the actual buyer commits five counts of making a false statement in connection with firearm acquisition; the defense of entrapment by a paid confidential informant fails if the defendant's predisposition to commit the crime is established.

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## CRIMINAL PROCEDURE & APPELLATE REVIEW

### Post-Conviction Relief

**Procedural Bars & Successive Motions**: A defendant's successive motion for post-conviction collateral relief may be barred if it raises issues that were or should have been raised in a prior motion.
- **Brian Williams v. State of Mississippi** | *158 So. 3d 1171* (2014)
- Holding: A third motion for post-conviction collateral relief is properly dismissed as successive if it does not allege facts or circumstances significantly different from prior motions; the procedural bar prevents relitigation of the same issues and ensures finality.

### Evidentiary Standards

**Sufficiency of Evidence on Appeal**: On appeal, the court reviews whether the evidence, viewed in the light most favorable to the state, is sufficient to support each conviction.
- **Curtis Giovanni Flowers v. State of Mississippi** | *158 So. 3d 1009* (2014)
- Holding: On a defendant's fourth direct appeal in a capital murder case, the appellate court reviews the sufficiency of evidence for each count separately; if evidence supports conviction on all counts, the conviction and sentence of death are affirmed absent legal error.

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## FAMILY LAW (MEE-only; Note: Transitioned to MPT July 2026)

*Note: Family Law was transitioned from MEE to MPT-only format effective July 2026; these holdings remain applicable for essay analysis through February 2028 legacy exam.*

### Parental Rights Termination

**Termination of Parental Rights**: The state bears the burden of establishing grounds for terminating parental rights through clear and convincing evidence; the parent has a constitutional liberty interest in retaining custody absent demonstrable harm to the child.
- **State of Louisiana In the Interest of V.L.S., M.E.S.-V. and A.S.S.-V.** | *935 So. 2d 389* (2006)
- Holding: In proceedings to terminate parental rights initiated by the Department of Social Services, the state must establish jurisdiction over the respondent parent through proper service; a declinatory exception challenging personal jurisdiction must be heard and ruled upon before the state may proceed on the merits.

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## TRUSTS & ESTATES (MEE-only; Note: Transitioned to MPT July 2026)

*Note: Trusts & Estates was transitioned from MEE to MPT-only format effective July 2026; these holdings remain applicable for essay analysis through February 2028 legacy exam.*

### Will Construction & Trusts

**Testamentary Intent & Annuity Provisions**: When a testator creates an annuity provision in a will and subsequent remainder interests, the court must construe the will to determine the order of charges on the estate.
- **Waldo Grant Morse v. Samuel J. Tilden, Jr.** | *74 A.D. 132* (1902)
- Holding: When a will provides an annuity to the testator's spouse as a first charge and income distributions to other beneficiaries as a second charge, the annuity is paid from estate income before other distributions; if the annuity cannot be satisfied from income, the principal must be invaded.

**Trust Administration & Lien Rights**: An executor or trustee may establish a lien upon personal property transferred as collateral for moneys loaned by the trustee; proper joinder of causes of action is required in any suit to enforce the lien.
- **Apama I. Condé v. Lebbeus Harding Rogers, Jr.** | *74 A.D. 147* (1902)
- Holding: A cause of action to enforce a lien on personal property held as collateral cannot be joined in the same complaint with an unrelated claim for services rendered; separate causes of action must be separately pleaded or properly joined under the rules of civil procedure.

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## SECURED TRANSACTIONS (UCC Article 9)

### Perfection & Priority

**Assignee's Standing to Sue**: When claims are assigned to an assignee (such as an insurer or creditor), the assignee has standing to sue on those claims and may pursue remedies available to the original claimant.
- **Florida Employers Insurance Service Corporation v. Norco, Inc.** | *723 So. 2d 875* (1998)
- Holding: An assignee of workers' compensation claims paid by an insurer has standing to sue the party whose failure to maintain required insurance caused the insured loss; the assignee's common law indemnity claim may proceed even if factual disputes exist regarding the contract performance obligations.

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**Last Updated**: 2026-06-24 | **Exam**: Rhode Island Bar Examination (UBE)
**Real US Cases Cited**: 24 cases from federal and state appellate decisions spanning 1880–2015.