MBE Basics Flashcards
What is Personal Jurisdiction (PJ)?
Minimum contacts + fair play & substantial justice
What is Subject Matter Jurisdiction (SMJ)?
The authority of a court to hear a case based on its subject matter
What is Federal Question Jurisdiction?
Arises under federal law
What is Diversity Jurisdiction?
Complete diversity + amount in controversy over $75,000
Where is Venue proper?
Proper where:
* Any defendant resides (if all defendants are in the same state)
* A substantial part of events occurred
What is the Erie Doctrine?
Apply state substantive law & federal procedural law in diversity cases
What does Res Judicata (Claim Preclusion) signify?
Same claim, same parties, final judgment
What is Collateral Estoppel (Issue Preclusion)?
Same issue was actually litigated & decided
What are the levels of scrutiny in Constitutional Law?
Strict Scrutiny, Intermediate Scrutiny, Rational Basis
What is Strict Scrutiny?
Government must show compelling interest for race, national origin, fundamental rights
What is Intermediate Scrutiny?
Government must show important interest for gender & illegitimacy
What is Rational Basis?
Plaintiff must show no legitimate interest for everything else
What does the Commerce Clause allow?
Congress regulates interstate commerce, channels, & instrumentalities
What is the Dormant Commerce Clause?
States cannot discriminate against or unduly burden interstate commerce
What does the Equal Protection Clause (14th Amendment) state?
No state shall deny equal protection
What does the Due Process Clause protect?
Protects fundamental rights (e.g., privacy, voting, travel)
What does the First Amendment protect?
Protects speech, but government may regulate:
* Content-based speech → Strict scrutiny
* Content-neutral speech → Intermediate scrutiny
* Unprotected Speech: Incitement, fighting words, obscenity, defamation
What are the requirements for Offer & Acceptance in contracts?
Offer must have definite terms & acceptance must be mirror image (common law) or reasonable (UCC)
What is Consideration in contract law?
Bargained-for exchange; past consideration is invalid
What does the Statute of Frauds (SOF) require?
Must be in writing for:
* Marriage
* Year+ Contracts
* Land
* Executor
* Goods $500+
* Suretyship (MYLEGS)
What is the Parol Evidence Rule (PER)?
Prevents prior agreements from contradicting a final written contract
What is Anticipatory Repudiation?
Party unequivocally refuses to perform before performance is due
What is the Perfect Tender Rule (UCC)?
Buyer can reject nonconforming goods unless seller cures
What are Expectation Damages?
Put the non-breaching party in the position they would have been in if the contract was performed
What constitutes First-degree murder?
Premeditated & deliberate
What is Second-degree murder?
Malice but not premeditated
What is the Felony Murder Rule?
Killing during an inherently dangerous felony
What are Mens Rea (Mental States)?
Purposely, knowingly, recklessly, negligently
What is the M’Naghten Rule (Insanity Defense)?
Defendant didn’t know the nature of the act or that it was wrong
What does the 4th Amendment require?
Requires probable cause for warrants; exceptions include:
* Consent
* Plain View
* Search Incident to Arrest
* Exigent Circumstances
* Automobiles
What are Miranda Rights?
Required when a suspect is in custodial interrogation
When does the Right to Counsel (6th Amendment) attach?
Attaches at indictment, formal charges, or arraignment
What is the Hearsay Rule?
Out-of-court statement offered for truth of the matter asserted
What are Hearsay Exceptions when the Declarant is Unavailable?
Includes:
* Former testimony
* Dying declarations
* Statements against interest
What are Hearsay Exceptions that are Always Allowed?
Includes:
* Excited utterance
* Present sense impression
* Business records
What is Character Evidence in Criminal Cases?
Defendant may introduce good character, but the prosecution can rebut
What is Adverse Possession?
Must be continuous, open, notorious, hostile, & exclusive for statutory period
What is the Rule Against Perpetuities (RAP)?
No future interest is valid unless it vests within 21 years after a life in being
What are the types of Ownership?
Includes:
* Joint Tenancy (JTWROS) – Right of survivorship, severed by sale
* Tenancy in Common (TIC) – No survivorship rights
What is Tenancy for Years?
Fixed term lease
What is Periodic Tenancy?
Automatically renews until notice is given
What is the Implied Warranty of Habitability?
Landlord must provide livable conditions
What are the elements of Intentional Torts?
Includes:
* Assault
* Battery
* False Imprisonment
* IIED
What are the elements of Negligence?
Duty, Breach, Causation, Damages
What are the categories of Strict Liability?
Includes:
* Abnormally dangerous activities
* Wild animals
* Defective products
What is Manufacturing Defect?
Defective product
What is Design Defect?
Feasible alternative design available
What is Failure to Warn?
No adequate warnings
What constitutes Defamation?
False statement harming reputation + publication
What must Public Figures prove in defamation cases?
Must prove actual malice
What are the requirements for Attachment in Secured Transactions?
Security interest attaches if:
* Value is given
* Debtor has rights in collateral
* Security agreement exists
What are the methods for Perfection?
Includes:
* Filing
* Possession
* Control of collateral
What are the Priority Rules in Secured Transactions?
Perfected beats unperfected; PMSI in inventory/livestock → Must file & give notice
What is the Business Judgment Rule (BJR)?
Courts defer to directors’ reasonable business decisions
What are the factors for Piercing the Corporate Veil?
Includes:
* Commingling funds
* Undercapitalization
* Fraudulent conduct
What is Partnership Liability for General Partners?
Personally liable for partnership debts
What is Partnership Liability for Limited Partners?
Only liable up to their investment amount
What is the mnemonic for Personal Jurisdiction factors?
My Parents Frequently Visit Texas
What is the mnemonic for the Statute of Frauds?
MY LEGS
What is the mnemonic for Hearsay Exceptions (Declarant Unavailable)?
FARM D
What is the mnemonic for Negligence Elements?
DBCD
What is the mnemonic for Joint Tenancy Elements?
TTIP
What is the mnemonic for Strict Liability Categories?
DWA
What is the mnemonic for Impeachment Methods for Witnesses?
BICCC
What are the Best Interests of the Child Factors?
Includes:
* Parental stability
* Ability to provide
* Relationship with child
* Emotional & physical needs
* Needs of child
* Third-party influence
What are the Grounds for Divorce (Fault-Based)?
Includes:
* Cruelty
* Infidelity
* Abandonment
What does the 1st Amendment protect?
5 Freedoms: Speech, Press, Religion, Assembly, Petition
What does the 4th Amendment protect against?
No unreasonable searches & seizures; warrant required unless exception applies
What rights does the 5th Amendment provide?
Self-incrimination, Property (Takings), Indictment (Grand Jury), Eminent Domain, Double Jeopardy
What does the 6th Amendment guarantee?
Right to a Fair Trial: Speedy, Impartial, Confront, Counsel, Compulsory
What is the significance of the 14th Amendment?
Equal Protection & Due Process
