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Black Letter Law Quick Facts Flashcards
Elements of Negligence
The legal ability to enter into a contract, typically requiring parties to be of majority age and mentally competent
Defenses to Criminal Liability
Commerce Clause
Constitutional guarantee of fair treatment through the normal judicial system
Due Process
Duty, Breach, Causation, and Damages
Including insanity, self-defense, duress, entrapment
Substantial Performance
Grants Congress the power to regulate commerce among the states, impacting federalism
Performance close to complete that entitles a party to payment minus any damages for minor deviations
Capacity in Contracts
| Front | Back |
| Accomplice Liability | Individuals who aid or encourage a crime can be convicted of the offense itself |
| Admissibility of Hearsay | Generally inadmissible unless an exception applies |
| Adverse Possession | Open, continuous, exclusive, actual, and notorious possession for the statutory period can give title |
| Anticipatory Repudiation | When one party clearly indicates they will not perform allowing the other party to treat the contract as breached |
| Assault | An intentional act that creates an apprehension of imminent harmful or offensive contact |
| Attorney-Client Privilege | Protects confidential communications between attorney and client made for legal advice |
| Battery in Torts | Intentional and harmful or offensive contact with another person |
| Best Evidence Rule | Requires the original document to prove the content of a writing, recording, or photograph |
| Capacity in Contracts | The legal ability to enter into a contract, typically requiring parties to be of majority age and mentally competent |
| Character Evidence | Generally not admissible to prove conduct in conformity, except in certain circumstances |
| Class Actions | A lawsuit where named plaintiffs represent a large group with common issues |
| Collateral Estoppel (Issue Preclusion) | Prevents relitigation of issues already decided in a prior suit |
| Commerce Clause | Grants Congress the power to regulate commerce among the states, impacting federalism |
| Comparative Fault | Allocation of damages based on each party’s degree of responsibility for the harm |
| Consideration in Contracts | Something of value exchanged by the parties that induces them to enter into the agreement |
| Defamation | False statement presented as a fact that injures a party’s reputation, including libel and slander |
| Defenses to Criminal Liability | Including insanity, self-defense, duress, entrapment |
| Dormant Commerce Clause | Limits state legislation that unduly burdens or discriminates against interstate commerce |
| Double Jeopardy | Protection against being tried twice for the same offense |
| Due Process | Constitutional guarantee of fair treatment through the normal judicial system |
| Easement by Necessity | An easement granted because it is necessary for access |
| Elements of Negligence | Duty, Breach, Causation, and Damages |
| Equal Protection Clause | Requires states to treat individuals in similar situations equally |
| Erie Doctrine | Mandates federal courts apply state substantive law in diversity jurisdiction cases |
| Exclusionary Rule | Evidence obtained in violation of a defendant’s constitutional rights is inadmissible in court |
| Fee Simple Absolute | The most complete interest one can have in real property, with unlimited duration |
| Felony Murder Rule | Killing during the commission of certain felonies is deemed murder regardless of intent to kill |
| First Amendment – Establishment Clause | Prohibits the government from establishing religion |
| Future Interests | Interests in property that will take effect in the future, such as remainders and reversions |
| Good Faith in Contracts | Honesty in fact in the performance or enforcement of the contract |
| Inchoate Crimes | Crimes that involve steps toward committing a substantive offense, such as attempt, conspiracy, and solicitation |
| Incorporation Doctrine | Applying the Bill of Rights to the states via the Fourteenth Amendment |
| Intentional Infliction of Emotional Distress | Extreme and outrageous conduct that causes severe emotional distress |
| Joint Tenancy | Co-ownership with right of survivorship requiring the four unities of time, title, interest, and possession |
| Judicial Review | Power of courts to declare legislative and executive acts unconstitutional |
| Marital Communications Privilege | Protects confidential communications made between spouses during marriage |
| Mens Rea for Murder | Intention or knowledge of wrongdoing required for murder charge |
| Miranda Rights | The warnings required to be given by police to criminal suspects in custody before interrogation |
| Mirror Image Rule | Acceptance must match the offer exactly; otherwise it is considered a counteroffer |
| Motion to Dismiss | A request to terminate a case based on a legal deficiency such as failure to state a claim |
| Negligence Per Se | Violation of a statute intended to prevent the harm that occurred creates a presumption of negligence |
| Offer in Contract Law | A manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent is invited and will conclude the bargain |
| Parol Evidence Rule | Prohibits the introduction of evidence of prior or contemporaneous agreements to alter or contradict the written contract |
| Personal Jurisdiction | A court's power to bring a person into its adjudicative process based on minimum contacts with the forum |
| Piercing the Corporate Veil | Holding shareholders personally liable for corporate debts under certain conditions |
| Privileges and Immunities Clause (Article IV) | Prohibits states from discriminating against out-of-state citizens regarding fundamental rights |
| Products Liability | Liability of manufacturers or sellers for injuries caused by defective products |
| Promissory Estoppel | A promise reasonably relied upon to the promisee’s detriment may be enforced without consideration |
| Relevance | Evidence must be relevant to be admissible, meaning it has any tendency to make a fact more or less probable |
| Remedies for Breach of Contract | Include expectation damages, reliance damages, specific performance, and restitution |
| Res Ipsa Loquitur | Doctrine that allows inference of negligence from the very nature of an accident |
| Res Judicata | Prevents relitigation of claims that have already been finally decided |
| Rule Against Perpetuities | Future interests must vest within 21 years after a life in being at the interest’s creation |
| Search and Seizure | Governed by the Fourth Amendment requiring warrants based on probable cause |
| Standing | Legal right to initiate a lawsuit based on sufficient connection to the harm |
| Statute of Frauds | Requirement that certain contracts be in writing to be enforceable |
| Strict Liability | Liability without fault for certain actions or activities, such as abnormally dangerous activities |
| Subject Matter Jurisdiction | The authority of a court to hear the type of case presented |
| Substantial Performance | Performance close to complete that entitles a party to payment minus any damages for minor deviations |
| Summary Judgment | A judgment entered by a court for one party without a full trial |
| Takings Clause | Government must provide just compensation when taking private property for public use |
| Terry Stop and Frisk | Police may stop and briefly search a person with reasonable suspicion of criminal activity and danger |
| The Exclusionary Rule | Prohibits the use of illegally obtained evidence in court |
| Third-Party Beneficiaries | Individuals who are intended to benefit from a contract between other parties |
| UCC vs Common Law Contracts | The Uniform Commercial Code governs contracts for the sale of goods, while common law covers other contracts |
| Unilateral vs Bilateral Contracts | Unilateral contracts involve a promise in exchange for performance, while bilateral contracts involve mutual promises |
| Venue in Civil Procedure | The proper location where a case should be heard |
| Vicarious Liability | Holding one party liable for the torts of another due to their relationship |
Front
Due Process
Click the card to flip
Back
Constitutional guarantee of fair treatment through the normal judicial system
Front
Piercing the Corporate Veil
Back
Holding shareholders personally liable for corporate debts under certain conditions
Front
Intentional Infliction of Emotional Distress
Back
Extreme and outrageous conduct that causes severe emotional distress
Front
Subject Matter Jurisdiction
Back
The authority of a court to hear the type of case presented
Front
Privileges and Immunities Clause (Article IV)
Back
Prohibits states from discriminating against out-of-state citizens regarding fundamental rights
Front
The Exclusionary Rule
Back
Prohibits the use of illegally obtained evidence in court
Front
Strict Liability
Back
Liability without fault for certain actions or activities, such as abnormally dangerous activities
Front
Standing
Back
Legal right to initiate a lawsuit based on sufficient connection to the harm
Front
Exclusionary Rule
Back
Evidence obtained in violation of a defendant’s constitutional rights is inadmissible in court
Front
Unilateral vs Bilateral Contracts
Back
Unilateral contracts involve a promise in exchange for performance, while bilateral contracts involve mutual promises
Front
Easement by Necessity
Back
An easement granted because it is necessary for access
Front
Terry Stop and Frisk
Back
Police may stop and briefly search a person with reasonable suspicion of criminal activity and danger
Front
Relevance
Back
Evidence must be relevant to be admissible, meaning it has any tendency to make a fact more or less probable
Front
Adverse Possession
Back
Open, continuous, exclusive, actual, and notorious possession for the statutory period can give title
Front
Fee Simple Absolute
Back
The most complete interest one can have in real property, with unlimited duration
Front
Products Liability
Back
Liability of manufacturers or sellers for injuries caused by defective products
Front
Consideration in Contracts
Back
Something of value exchanged by the parties that induces them to enter into the agreement
Front
Defamation
Back
False statement presented as a fact that injures a party’s reputation, including libel and slander
Front
Anticipatory Repudiation
Back
When one party clearly indicates they will not perform allowing the other party to treat the contract as breached
Front
Collateral Estoppel (Issue Preclusion)
Back
Prevents relitigation of issues already decided in a prior suit
Front
Best Evidence Rule
Back
Requires the original document to prove the content of a writing, recording, or photograph
Front
Assault
Back
An intentional act that creates an apprehension of imminent harmful or offensive contact
Front
Motion to Dismiss
Back
A request to terminate a case based on a legal deficiency such as failure to state a claim
Front
Capacity in Contracts
Back
The legal ability to enter into a contract, typically requiring parties to be of majority age and mentally competent
Front
UCC vs Common Law Contracts
Back
The Uniform Commercial Code governs contracts for the sale of goods, while common law covers other contracts
Front
Equal Protection Clause
Back
Requires states to treat individuals in similar situations equally
Front
Third-Party Beneficiaries
Back
Individuals who are intended to benefit from a contract between other parties
Front
Res Judicata
Back
Prevents relitigation of claims that have already been finally decided
Front
Remedies for Breach of Contract
Back
Include expectation damages, reliance damages, specific performance, and restitution
Front
Miranda Rights
Back
The warnings required to be given by police to criminal suspects in custody before interrogation
Front
Mens Rea for Murder
Back
Intention or knowledge of wrongdoing required for murder charge
Front
Vicarious Liability
Back
Holding one party liable for the torts of another due to their relationship
Front
Commerce Clause
Back
Grants Congress the power to regulate commerce among the states, impacting federalism
Front
Class Actions
Back
A lawsuit where named plaintiffs represent a large group with common issues
Front
Search and Seizure
Back
Governed by the Fourth Amendment requiring warrants based on probable cause
Front
Statute of Frauds
Back
Requirement that certain contracts be in writing to be enforceable
Front
Incorporation Doctrine
Back
Applying the Bill of Rights to the states via the Fourteenth Amendment
Front
Erie Doctrine
Back
Mandates federal courts apply state substantive law in diversity jurisdiction cases
Front
Defenses to Criminal Liability
Back
Including insanity, self-defense, duress, entrapment
Front
Attorney-Client Privilege
Back
Protects confidential communications between attorney and client made for legal advice
Front
First Amendment – Establishment Clause
Back
Prohibits the government from establishing religion
Front
Joint Tenancy
Back
Co-ownership with right of survivorship requiring the four unities of time, title, interest, and possession
Front
Venue in Civil Procedure
Back
The proper location where a case should be heard
Front
Marital Communications Privilege
Back
Protects confidential communications made between spouses during marriage
Front
Elements of Negligence
Back
Duty, Breach, Causation, and Damages
Front
Dormant Commerce Clause
Back
Limits state legislation that unduly burdens or discriminates against interstate commerce
Front
Negligence Per Se
Back
Violation of a statute intended to prevent the harm that occurred creates a presumption of negligence
Front
Mirror Image Rule
Back
Acceptance must match the offer exactly; otherwise it is considered a counteroffer
Front
Offer in Contract Law
Back
A manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent is invited and will conclude the bargain
Front
Character Evidence
Back
Generally not admissible to prove conduct in conformity, except in certain circumstances
Front
Rule Against Perpetuities
Back
Future interests must vest within 21 years after a life in being at the interest’s creation
Front
Battery in Torts
Back
Intentional and harmful or offensive contact with another person
Front
Res Ipsa Loquitur
Back
Doctrine that allows inference of negligence from the very nature of an accident
Front
Future Interests
Back
Interests in property that will take effect in the future, such as remainders and reversions
Front
Comparative Fault
Back
Allocation of damages based on each party’s degree of responsibility for the harm
Front
Inchoate Crimes
Back
Crimes that involve steps toward committing a substantive offense, such as attempt, conspiracy, and solicitation
Front
Personal Jurisdiction
Back
A court's power to bring a person into its adjudicative process based on minimum contacts with the forum
Front
Takings Clause
Back
Government must provide just compensation when taking private property for public use
Front
Parol Evidence Rule
Back
Prohibits the introduction of evidence of prior or contemporaneous agreements to alter or contradict the written contract
Front
Judicial Review
Back
Power of courts to declare legislative and executive acts unconstitutional
Front
Summary Judgment
Back
A judgment entered by a court for one party without a full trial
Front
Admissibility of Hearsay
Back
Generally inadmissible unless an exception applies
Front
Good Faith in Contracts
Back
Honesty in fact in the performance or enforcement of the contract
Front
Promissory Estoppel
Back
A promise reasonably relied upon to the promisee’s detriment may be enforced without consideration
Front
Felony Murder Rule
Back
Killing during the commission of certain felonies is deemed murder regardless of intent to kill
Front
Double Jeopardy
Back
Protection against being tried twice for the same offense
Front
Substantial Performance
Back
Performance close to complete that entitles a party to payment minus any damages for minor deviations
Front
Accomplice Liability
Back
Individuals who aid or encourage a crime can be convicted of the offense itself
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Designed to help MBE takers rapidly recall and reinforce the foundational legal rules that form the backbone of the exam. This deck covers all seven MBE subjects—Contracts, Torts, Criminal Law and Procedure, Evidence, Real Property, Constitutional Law, and Civil Procedure—focusing on the clear, concise legal principles that are frequently tested.