MBE
Can a state impose a tax on goods imported from foreign countries?
No. Under the Import-Export Clause and the Foreign Commerce Clause, only Congress may regulate imports, and states cannot impose import taxes.
What duty does a landowner owe to a licensee in West Virginia?
A landowner must warn licensees of known dangerous conditions that are not obvious.
In West Virginia, can a lawyer enter into a business transaction with a client?
Yes, but only if the terms are fair, disclosed in writing, the client has a chance to consult independent counsel, and gives informed written consent.
Is there a “Dead Man’s Statute” in West Virginia? If so, what is it?
Yes. It limits testimony by interested parties about communications with a deceased person in certain cases.
Can shareholders of a West Virginia corporation be held liable for corporate debts?
Generally no, unless the corporate veil is pierced due to fraud or abuse of the corporate form.
Under the UCC, is a merchant's firm offer binding without consideration?
Yes. A signed, written offer by a merchant to buy or sell goods is irrevocable for up to 3 months without consideration.
When does a federal court have diversity jurisdiction?
When the parties are from different states and the amount in controversy exceeds $75,000.
What is the minimum age to make a valid will in West Virginia?
18 years old.
Must West Virginia judges disqualify themselves in cases involving campaign contributors?
Yes, if the contribution creates a probability of actual bias under Caperton v. A.T. Massey Coal Co.
What approach does West Virginia use for tort conflicts of law?
The "significant relationship" test under the Restatement (Second) of Conflict of Laws.
What is the key difference between larceny and robbery?
Robbery includes the use or threat of force, whereas larceny does not.
Is a warrantless search of a car's passenger compartment lawful incident to arrest?
Only if the arrestee is unsecured and could access the vehicle, or if the officers reasonably believe evidence of the offense might be found in the vehicle.
Does West Virginia have a felony-murder rule?
Yes. A killing during the commission of certain felonies (e.g., arson, robbery) can result in felony murder.
Does West Virginia allow interlocutory appeals as of right?
Generally no; most appeals are from final judgments, but some interlocutory orders can be appealed with permission.
What is the standard for judicial review of an agency’s factual findings in WV?
Findings are upheld if supported by substantial evidence.
What is the "best evidence rule"?
It requires the original document to prove its contents unless a valid excuse exists for its absence.
In West Virginia, what is the standard for awarding child custody?
The "best interest of the child" standard.
What is the statute of limitations for personal injury claims in West Virginia?
Two years from the date of injury.
What standard of care does a trustee owe in West Virginia?
A fiduciary duty of loyalty and prudence consistent with the West Virginia Uniform Trust Code.
Is a motion to dismiss for failure to state a claim governed by Rule 12(b)(6)?
Yes, just like in the federal rules.
What is the Rule Against Perpetuities?
No interest is valid unless it must vest, if at all, within 21 years after a life in being at the creation of the interest.
What is required for a security interest to attach?
Value given, debtor's rights in the collateral, and a security agreement.
Does West Virginia recognize dower or curtesy rights?
No. West Virginia abolished dower and curtesy and follows an elective share system.
What are the grounds for no-fault divorce in West Virginia?
Irreconcilable differences or voluntary separation for one year or more.
Where must client funds be held under the West Virginia Rules of Professional Conduct?
In a trust account separate from the lawyer’s personal and business accounts, typically an IOLTA account.