MBE Missed Questions + Mnemonics Flashcards
How to add the correct party to a suit by “relating back” through amendment
Imagine filing a lawsuit and accidentally leaving out the correct defendant. The clock stops for 90 days ⏳ while the court checks:
✔️ Same facts? = “same story no worry”
✔️ Did the new party know about the lawsuit within 90 days? = “90 days or no play”
✔️ Was it a mistake, not a strategy? “if mistake it can relate back” new party knew or should have known they were a party to original suit
If all are YES, the new party is added as if they were named from the start = Relation Back!
Compulsory/Required Joinder of parties
✅ Step 1: Is the person a “Required Party”? A party must be joined if:
1️⃣ Complete Relief Can’t Happen Without Them – The court can’t fully resolve the case without this person.
✅ Step 2: If the party can be joined without destroying diversity jurisdiction or violating venue rules → They must be joined!
🔹Example: Two people claim ownership of the same land, but only one is named in the lawsuit.
Impleader!
How to Remember Impleader – “It’s NOT Me, It’s THEM!”
💡 SUPER SIMPLE MEMORY TRICK:
👉 “I’m NOT paying alone—I’m bringing THEM in!”
(💭 Imagine a defendant yelling: “IM-pleading for help!” → Impleader!)
✅ When Can a Defendant Implead?
Contribution = Sharing the blame 💰
Indemnity = Shifting the blame 💯
Quick Visual to Remember:
🤷♂️ Plaintiff sues Defendant → Defendant says, “Not just me! Bring in Third-Party Defendant!”
🔹 Example:
🚗 Car accident – Driver A sues Driver B. Driver B impleads Driver C, claiming C caused part of the crash!
🔥 Final Hook:
“IMPL-EADER = I’m Pleading for Backup!” 🚀
INTERpleader
“I have the money, but I don’t know who to pay!”
A neutral party (often a stakeholder) is holding property/money and forces others to fight over it in one lawsuit.
Example:
Life Insurance Dispute → An insurance company knows someone should get a $1M payout, but two people claim to be the rightful beneficiary. The insurance company files an interpleader so the court decides.
🔹 Memory Trick: “INTER-pleader = I’M IN the middle!”
21-28-30, 60-90
🔥 MUST-KNOW (Very Commonly Tested) – Focus on These First!
✅ 21 Days → Three Big Ones (🔥 This is HUGE on the MBE!)
1️⃣ Time to Answer a Complaint → Defendant must answer within 21 days of service.
2️⃣ Time to Amend a Pleading Once as a Matter of Course → Party can amend once within 21 days after serving it.
3️⃣ Time to File a Rule 12(b) Motion (e.g., motion to dismiss) → Must file within 21 days of service.
✅ 28 Days → JMOL & Motion for New Trial
[Think…upset with outcome of trial because on your period?!!?)
After trial, a Renewed JMOL (Judgment as a Matter of Law) or Motion for New Trial must be filed within 28 days.
🔥 This is tested often because students confuse it with 30 days.
✅ 30 Days → Appeals Deadline
A party must file an appeal within 30 days of final judgment.
🔥 MBE loves testing appeals timelines!
✅ 60 Days → U.S. Government Gets Extra Answer Time
If you sue the U.S. government, they get 60 days to file an answer instead of 21.
🔥 This is tested because students forget that the government gets special treatment.
✅ 90 Days → Time to Serve Process
Plaintiff must serve defendant within 90 days of filing the complaint.
🔥 Tested because people mix it up with other deadlines.
Nuisance
Compensatory damages only for negligence - no nominal or punitive
TEC-CCP
Order to write mnemonics:
Torts
Evidence
Crim Law
Contracts
Constitution Law
Property
Torts Mnemonics:
Strict DAD
ABC FITT
BAFTT
Strict “DAD” [strict liab]
Dangerous Activities
Animals
Defective products
ABC FITT [int. torts]
Assault
Battery
Conversion
False Imp.
Int Infl Emot Dist.
Trespass to land
Tress pass to chattel
BAFTT
Battery
Assault
False Imprisonment
Trespass to land
Tresspass to Chattel
*applies to transferred intent
Evidence Mnemonic: DAFFY Hears Except!
PAPERS PBJ Hears Except!
“DAFFY” Hears Except:
Dying decl.
Against Int.
Former Test
Family History
YOUR GONE! MUST BE!
PAPERS PBJ Hears Except:
Present Impression
Ancient Documents
Past condition/diagnosis
Excited utterance
Recorded recollection
State of mind
Public records
Business records
Judgment of prior convictions
Evidence Mnemonic:
NOT Hearsay IICP!
NOT Hearsay IICP!
Inconsistent statement prior under oath
Identifications statements prior
Consistent statements prior
Party Admissions opposing party
Evidence Mnemonic:
MIMIC Character Except
MIMICS Character Except
Motive
Intent
Mistake lack of
Identification
Common scheme or plan
*never allowed in civil case unless character is essential to claim OR claim relates to sexual misconduct
Evidence Mnemonic:
IMPEACHED FOR BBC PICS
Impeached for BBC PICS
Bias
Bad character for truthful
Criminal convictions < 10
Prior inconsistent
Inability to recall
Contradiction by other evid
Specific acts untruthful
Crim Law Mnemonic:
General Mills BRKF
General Mills BRKF
Battery
Rape
Kidnapping
False Imprisonment
*D intends to act not result
*defenses = mistake if reasonable, invol intox, self D
Crim Law Mnemonic:
Specific STARCH
Specific STARCH
Solicitation
Theft crimes
Attempt
Robbery
Conspiracy
Homicide 1st degree
*Intent to act + specific outcome
*defenses = mistake (unreasonable OK), volun + involun intox OK
Crim Law Mnemonic:
Strict SSB
Strict SSB
Statutory rape
Selling liquor minors
Bigamy
Strict crimes = no intent needed - if you do the crime, you do the time! Mistake not a defense!
Contracts Mnemonic:
Statute of MY LEGS
Statute of MY LEGS
Marriage - prenups
Year K - imposs comp 1 yr
Land sale
Executor K
Goods over $500 UCC
Surety agreements
Con Law Mnemonic:
Strict and Compelling RUN!!!!
Strict and Compelling RUN!!!
Race
Alienage
Nationality
Strict scrutiny, compelling gov interest, narrowly tailored
Con Law Mnemonic:
Intermediate CIG
Intermediate CIG
Citizenship
Illegitimacy
Gender
Substantially related, important gov. interest
Con law Mnemonic:
Rational DEL
Rational DEL
Disabilities
Economic regs
LGBTQ
Rational basis = reationally related to legit gov int.
Property Mnemonic:
OCEAN property
OCEAN property
Open
Continuous
Exclusive
Actual
Notoriou
Adverse possession
CIV PRO Menmonic
14, 21, 28, 30, 60, 90
14 = TRO
21 = answer, amend, sancs
28 = “period” JMOL, motion
30 = appeals
60 = gov time for answer
90 = serve the D
Crim Law Mnemonic
BARRK felony murder
BARRK
Burglary
Arson
Rape
Robbery
Kidnapping
no specific intent to kill req
during commission or immediate flight from the felony
Presumption of evidence “bubble bursting”
Jury is trier of fact and MAY determine facts
Offer to settle civil suit, in exchange for witness not testifying against D in criminal case will be allowed as evidence of obstruction.
Narrow rule as typically offers to settle are NOT allowed.
D’s Character evidence for truthfulness in murder case
Testimony regarding truthfulness not allowed as proper character evidence as it is not applicable. However character evidence for peacefulness would be allowed as it is pertinent to the case
Dying delaration statements MUST relate to reason or cause of death!
i.e., man is dying after getting hit by a car and states to police to make sure his estate collects $100 owed to him by his neighbor - this statement is not considered a dying delcaration.
Dr./Patient confidentiality not protected when at issue in a case to prove diagnosis or treatment
Even if a federal case and or for something other else, if party makes it an issue, will be allowed.
Attorney client privilege does not apply if confidential info was shared with a third party - even if the third party was a family member! No longer confidential and privileged!
Whether a person meets the criteria to be considered an expert witness is up to the judge - not the jury.
Leading questions ARE only allowed on CROSS EXAMINATION! Look for “Isn’t it True” in the sentence.
If NOT hearsay, it can be used as substantive evidence
If a party raises new or significant matters on cross examination, other party has a RIGHT to follow up those questions on REDIRECT questioning
Intrinsic evidence (instances part of the same transaction or events at trial) of a specific instance is always allowed to impeach, a witness, however extrinsic (seperate acts not part of the chain of events at trial) of specific acts are NOT allowed.
Admissions + offers to pay medical bills (not offer to pay settlement) is the ONLY correct answer
MUST have a pending suite however. If NOT, then any offer(s) of compromise or offer to settle is NOT excluded.
Avoid any answer excluding testimony b/c of witness “incompetence”
When there is hearsay within hearsay (statement) within another out of court statement. BOTH statements must pass hearsay rule - if not they are BOTH inadmissible!
Past Recollection recorded = hearsay exception involving previously recorded (written or dictated, etc) to be read into evidence when witness CANNOT recall.
Present sense impressions = statement made while or immediately after perceiving an event
Ancient document = 20+ years old, must be in place documents routinely kept, it appears authentic
State of mind hearsay exception = “I feel sick” “I’m scared” “I plan to go to the park tomorrow”. Anything in the past does not apply “e.g., I think my landlord stole my mail”. future tense or present tense is OK.
When submitting photographs into evidence, party must authenticate photos. Someone must authenticate they valid, who has PERSONAL knowledge.
When xpert testimony when referring to a book or treatise, passages may only be ready to jury - not given entire book for review, etc.
Hearsay exception: prior testimony if declarant unavailable is only allowed if other party had opportunity to cross examine. Note there is NO cross examination in grand jury proceedings
In Negligence action, to recover economic damages (lost employment) must have physical harm associated with the economic loss
At a preliminary hearing, on cross examination, a party can be asked questions about admissibility issues of related evidence, but not about other issues in the case.
Rule 403 balancing test APPLIES to ALL evidence EXCEPT: felony or misdemeanors 10 or less years old involving DISHONESTY!
6th amendment confrontation clause, allows a D the RIGHT to present during all critical stages of a trial, including jury selection. Only D can waive this right.
Q states “without notice” + “recorded first” pick first bonafide purchaser who records wins!
RACE NOTICE
