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Bar Exam > Simulated MBE > Flashcards

Simulated MBE Flashcards

MBE question topics with the takeaway rule.

1
Q

Criminal Law/ Procedure - search and seizure

A

To be able to assert a Fourth Amendment right, a person must have a legitimate expectation of privacy with respect to the place searched or the item seized. There is no such expectation of privacy in objects or places held out to the public or that may be viewed from a public vantage point. The police may not use technological enhancements that are not available to the public.

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2
Q

Constitutional Law- spending power

A

Article I, Section 8, provides that Congress may spend to “provide for the common defense and the general welfare.” This spending may be for any public purpose- not merely the accomplishment of the other enumerated powers. Under this power, Congress may “regulate states by imposing explicit conditions on the grant of money to state or local governments.” Such conditional will not violate the Tenth Amendment merely because Congress lacked the power to directly regulate the activity that is the subject of the spending program.

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3
Q

Contracts- promissory estoppel/ third-party beneficiary

A

Under the majority view, consideration is not necessary to make an agreement at least partially enforceable where the facts indicate that the promisor should be estopped from not performing. Under the Second Restatement, a promise is enforceable to the extent necessary to prevent injustice if the promisor should reasonably expected the promise to induce action or forbearance and such action or forbearance is in fact induced.

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4
Q

Real Property- recording acts/priorities

A

Pure notice statute- allows subsequent purchasers for value and without notice of a prior conveyance to prevail over the prior transferee, regardless of whether the subsequent purchaser records. In addition, the “shelter rule” allows a person who takes from a bona fide purchaser to prevail against any interest that the transferor-bona fide purchaser would have prevailed against, even if the transferee had actual knowledge of the prior unrecorded interest.

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5
Q

Evidence

A

Party opponent admission- a statement by a party to the action offered by the opponent of the party is not hearsay and thus not excluded by the hearsay rule. This includes statements by a party’s employees if made during and int he scope of the employment relationship.

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6
Q

Criminal Law/ Procedure- fifth amendment

A

At any time prior to or during interrogation, a suspect may invoke a Miranda (Fifth Amendment) right to counsel. However, the request must be unambiguous and specific. If the defendant agrees to answer questions orally, but requests the presence of counsel before making any written statements, the defendant’s oral statement are admissible. If the accused invokes his right to counsel under Miranda, all questioning must cease, even about a totally unrelated crime, because the Fifth Amendment right to counsel under Miranda, unlike the Sixth Amendment right to counsel, is not offense specific.

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7
Q

Torts- defense of property

A

As a general rule, one may use reasonable force to prevent the commission of a tort against one’s property. However, force that is likely to cause death or serious bodily harm is not permitted when the invasion is threatening property alone.

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8
Q

Constitutional Law- first amendment

A

The freedom of the press is guaranteed by the First Amendment. As with other areas within the First Amendment, the freedom does not prohibit all government regulation of the press, but it does place limits on regulation. The press and broadcasting companies can be subject to general business regulations and taxes, but generally may not be single out for a special tax. A tax impacting on the press or a subpart of the press cannot be based on the content of the publication absent a compelling justification.

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9
Q

Torts- conversion

A

If a plaintiff is successful in a conversion action, the measure of damages is the fair market value of the chattel converted. This value is generally computed as of the time and place of the conversion. The defendant is given title upon satisfaction of the judgment so that, in effect there is a forced sale of the chattel. (Not even if the defendant wishes to return the item, the plaintiff is not obligated to take it back once it has been converted.)

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10
Q

Constitutional Law- equal protection

A

Under the Equal Protection Clause of the Fourteenth Amendment, a governmental action involving classification of persons will be subject to strict scrutiny if a suspect classification is involved. The law will be struck down unless the government proves that it is necessary to achieve a compelling interest. State and local laws that classify persons based on alienage are subject to strict scrutiny unless the law is discriminating against alien participation in the functioning of the state government. In that case, the law will be upheld as long as it is rationally related to a legitimate government interest.

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11
Q

Torts- negligence

A

A prima facie case for negligence consists of: (i) a duty on the part of the defendant to conform to the standard of care of a reasonable person for the protection fo the plaintiff against an unreasonable risk of injury; (ii) breach of that duty; (iii) the breach was the actual and proximate cause of the plaintiff’s injury; and (iv) damage to the plaintiff’s person or property. If the decision created an unreasonable risk of injury to persons such as the driver (taken off seizure medication and crashed, physician not liable), and such risk was reasonably foreseeable, then the physician will not be insulated from liability for the resulting injury by the medical reasonableness of the decision for the patient.

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12
Q

Torts- negligence/ violation of statute

A

If there was no reason to believe that something might happen (drive lapse into unconsciousness), her operation of the care breached no duty and she would be found not

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13
Q

Real Property- marketable title/adverse possession

A

a

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14
Q

Contracts- consideration

A

a

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15
Q

Contracts- consideration

A

a

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16
Q

Contracts/ Sales- damages

A

a

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17
Q

Torts- comparative negligence

A

aa

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18
Q

Real Property- life estate/ doctrine of waste

A

a

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19
Q

Criminal Law- self-defense/ battery

A

a

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20
Q

Constitutional Law- voting rights/ equal protection

A

aa

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21
Q

Constitutional Law- equal protections

A

a

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22
Q

Contracts/ Sales- lost profits damages

A

a

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23
Q

Criminal Law- homicide

A

a

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24
Q

Contracts- statute of frauds

A

a

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25
Q

Real Property- delivery of deeds

A

a

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26
Q

Real Property- mortgages

A

a

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27
Q

Torts- invasion of privacy

A

a

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28
Q

Contracts- unilateral contract

A

a

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29
Q

Contracts- offer and acceptance

A

s

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30
Q

Real Property- priority of security interests

A

s

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31
Q

Constitutional Law- equal protection

A

l

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32
Q

Evidence- admissions

A

s

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33
Q

Evidence- hearsay rule

A

l

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34
Q

Contracts/ Sales- risk of loss

A

Contracts- third-party beneficiarys

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35
Q

Contracts- third-party beneficiary

A

a

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36
Q

Constitutional Law- preemption

A

s

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37
Q

Real Property- equitable servitude/ common development scheme

A

l

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38
Q

Criminal Law- requisite mental state

A

l

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39
Q

Criminal Law- requisite mental state

A

l

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40
Q

Evidence- judicial notice

A

l

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41
Q

Contracts- offer and acceptace

A

l

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42
Q

Real Property- land sale contracts

A

l

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43
Q

Evidence- character evidence

A

l

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44
Q

Evidence- settlement offers

A

l

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45
Q

Torts- battery

A

l

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46
Q

Real Property- easements

A

l

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47
Q

Contracts- requirements contract

A

l

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48
Q

Contracts- statute of frauds

A

l

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49
Q

Criminal Law- attempted murder/ requisite intent

A

l

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50
Q

Evidence- recollection refreshed

A

l

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51
Q

Real Property- easement

A

l

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52
Q

Torts- defamation of a public figure

A

ll

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53
Q

Criminal Law- conspiracy/ solicitation

A

l

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54
Q

Criminal Law/ Procedure- right to jury trial

A

l

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55
Q

Real Property- warranties of title

A

s

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56
Q

Real Property- priority of security interests/ redemption

A

l

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57
Q

Evidence- impeachment

A

l

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58
Q

Evidence- hearsay

A

l

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59
Q

Constitutional Law- ripeness

A

l

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60
Q

Evidence- materiality of evidence

A

l

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61
Q

Contracts- consideration

A

l

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62
Q

contracts- accord and satisfaction

A

l

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63
Q

Criminal Law- conspiracy

A

l

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64
Q

Torts- assault

A

l

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65
Q

Torts- false imprisonment

A

l

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66
Q

Real Property- riparian rights

A

l

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67
Q

Criminal Law- accomplice liability

A

p

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68
Q

Evidence- judge/ jury responsibility

A

l

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69
Q

Criminal Law/ Procedure- burden of proof

A

l

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70
Q

Constitutional Law- first amendment establishment clause

A

l

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71
Q

Torts- products liability based on strict liability

A

l

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72
Q

Torts- strict liability for animals

A

l

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73
Q

Constitutional Law- procedural due process

A

-

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74
Q

Constitutional Law- first amendment

A

l

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75
Q

Criminal Law/ Procedure- sixth amendment

A

Ev

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76
Q

Evidence- hearsay

A

s

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77
Q

Constitutional Law- first amendment free exercise clause

A

R

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78
Q

Real Property- specific performance of land sale contract

A

-

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79
Q

Torts- trespass to land

A

l

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80
Q

Torts- nuisance

A

s

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81
Q

Criminal Law/ Procedure- search and seizure

82
Q

Criminal Law/ Procedure- sixth amendment

83
Q

Evidence- probativeness vs. prejudicial effect

84
Q

Torts- rescuer’s liability

85
Q

Constitutional Law- taxing and spending power

86
Q

Torts- duty of care

87
Q

Contracts- rescission

88
Q

Contracts- assignment/ damages

89
Q

Constitutional Law- federal commerce power

90
Q

Contitutional Law- executive power

91
Q

Evidence- character evidence

92
Q

Torts- battery

93
Q

Criminal Law- larceny

94
Q

Constitutional Law- commerce clause

95
Q

Torts- respondeat superior

96
Q

Evidence- impeachment

97
Q

Real Property- adverse possession

98
Q

Real Property- future interests

99
Q

Torts- products liability based on strict liability

100
Q

Evidence- character evidence

101
Q

Trots- breach of duty

102
Q

Contracts/ Sales- offer and acceptance

103
Q

Evidence- character evidence

104
Q

Torts- professional’s standard of care

105
Q

Contracts- anticipatory repudiation

106
Q

Evidence- hearsay

107
Q

Contracts- impossibility of performance

108
Q

Contracts- assignment/ consideration

109
Q

Criminal Law- arson

110
Q

Constitutional Law- case or controversy requirement

111
Q

Real Property- recording of deed

112
Q

Real Property- recording acts

113
Q

Evidence- impeachment

114
Q

Real Property- assignment of leasehold

115
Q

Torts- negligence/ landowner’s duties

116
Q

Constitutional Law- judicial review

117
Q

Constitutional Law- standing

118
Q

Criminal Law/ Procedure- double jeopardy

119
Q

Criminal Law/ Procedure- grand jury/ exclusionary rule

120
Q

Evidence- admission by silence

121
Q

Evidence- hearsay

122
Q

Contracts- material vs. minor breach

A

The nonbreaching party is entitled to cancel the contract if the breach is material (i.e. if the nonbreaching party did not receive the substantial benefit of his bargain). Where the breach is only minor, the nonbreaching party is not entitled to cancel the contract (although he will have an action for any damages suffered). Six factors that courts look at to determine materiality of breach are: (i) amount of benefit the nonbreaching party will receive (“substantial benefit” test); (ii) adequacy of damages remedy; (iii) extent of performance already completed by the breaching party; (iv) hardship to the breaching party; (v) whether the breaching party’s behavior was negligent or willful; and (vi) likelihood of the breaching party completing performance.

123
Q

Evidence- subsequent remedial measures

124
Q

Contracts- assignment and delegation

125
Q

Contracts- mistake

126
Q

Criminal Law- murder/ requisite intent

127
Q

Criminal Law/ Procedure- search and seizure

128
Q

Criminal Law/ Procedure- search and seizure

129
Q

Real Property- termination of tenancy

130
Q

Constitutional Law- advisory opinions

131
Q

Constitutional Law- standing

A

Real Property- assignment of lease

132
Q

Real Property- assignment of lease

A

Torts- child’s standard of care

133
Q

Torts- child’s standard of care

A

Criminal Law- conspiracy

134
Q

Criminal Law- conspiracy

135
Q

Criminal Law- homicide

136
Q

contracts- modification

137
Q

Evidence- expert testimony

138
Q

Evidence- impeachment

139
Q

Real Property- future interests

140
Q

Evidence- character evidence

141
Q

Evidence- authentication/ opinion testimony

142
Q

Contracts/ Sales- merchant’s firm offer

143
Q

Criminal Law/ Procedure- search and seizure

144
Q

Criminal Law/ Procedure- search and seizure

145
Q

Real Property- marketable title

146
Q

Constitutional Law- first amendment

147
Q

Contracts- “time of the essence”

148
Q

Contracts/ Sales- shipment of nonconforming goods

149
Q

Real Property- right of first refusal

150
Q

Real Property- fee simple determinable/ rule against perpetuities

151
Q

Constitutional Law- fundamental rights

152
Q

Torts- indemnity

153
Q

Torts- negligent infliction fo emotional distress

154
Q

Constitutional Law-executive power

155
Q

Constitutional Law- equal protection

156
Q

Torts- products liability based on negligence

157
Q

Trots- causation/ duty to inspect

158
Q

Constitutional Law- full faith and credit

159
Q

Real Property- land sale contract

160
Q

Evidenc- spousal privilege

161
Q

Criminal Law/ Procedure- fifth amendment

162
Q

Evidence- relevancy/ real evidence

163
Q

Constitutional Law- substantive due process

164
Q

Criminal Law- mens rea/ kidnapping

165
Q

Torts- trespass to land/ necessity

166
Q

Torts- parent duty of care

167
Q

Contracts- remedies

168
Q

Real Property- fixtures

169
Q

Real Property- joint tenancy

170
Q

Constitutional Law- commerce clause

171
Q

Contracts- parol evidence rule

172
Q

Contracts/ Sales- statute of frauds

173
Q

Criminal Law/ Procedures- double jeopardy

174
Q

Constitutional Law- commerce clause

175
Q

Real Property- class gifts

176
Q

Real Property- foreclosure of mortgages

177
Q

Torts- strict liability

178
Q

Torts- proximate cause

179
Q

Evidence- lay opinion testimony

180
Q

Criminal Law- robbery, larceny, assault

181
Q

Evidence- habit evidence

182
Q

Real Property- rule against perpetuities

183
Q

Real Property- prescriptive easement

184
Q

Constitutional Law- “takings”clause

185
Q

Real Property- description of deeds

186
Q

Criminal Law- mistake of law

187
Q

Evidence- impeachment

188
Q

Torts- intentional infliction of emotional distress

189
Q

Evidence- hearsay

190
Q

Torts- strict products liability

191
Q

Contracts- liquidated damages

192
Q

Torts- comparative contribution

193
Q

Criminal Law/ Procedure- fourth and fifth amendment

A

Constitution

194
Q

Constitutional Law- first amendment

195
Q

Contracts- condition precedent

196
Q

Contracts- promise vs. condition

197
Q

Constitutional Law- equal protection

198
Q

Constitutional Law- first amendment

199
Q

Criminal Law- burglary/robbery

200
Q

Evidence- impeachment

Bar Exam (7 decks)

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