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Black Letter Law Quick Facts  Flashcards

Multistate Bar Examination Flashcards

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Accomplice LiabilityIndividuals who aid or encourage a crime can be convicted of the offense itself
Admissibility of HearsayGenerally inadmissible unless an exception applies
Adverse PossessionOpen, continuous, exclusive, actual, and notorious possession for the statutory period can give title
Anticipatory RepudiationWhen one party clearly indicates they will not perform allowing the other party to treat the contract as breached
AssaultAn intentional act that creates an apprehension of imminent harmful or offensive contact
Attorney-Client PrivilegeProtects confidential communications between attorney and client made for legal advice
Battery in TortsIntentional and harmful or offensive contact with another person
Best Evidence RuleRequires the original document to prove the content of a writing, recording, or photograph
Capacity in ContractsThe legal ability to enter into a contract, typically requiring parties to be of majority age and mentally competent
Character EvidenceGenerally not admissible to prove conduct in conformity, except in certain circumstances
Class ActionsA 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 ClauseGrants Congress the power to regulate commerce among the states, impacting federalism
Comparative FaultAllocation of damages based on each party’s degree of responsibility for the harm
Consideration in ContractsSomething of value exchanged by the parties that induces them to enter into the agreement
DefamationFalse statement presented as a fact that injures a party’s reputation, including libel and slander
Defenses to Criminal LiabilityIncluding insanity, self-defense, duress, entrapment
Dormant Commerce ClauseLimits state legislation that unduly burdens or discriminates against interstate commerce
Double JeopardyProtection against being tried twice for the same offense
Due ProcessConstitutional guarantee of fair treatment through the normal judicial system
Easement by NecessityAn easement granted because it is necessary for access
Elements of NegligenceDuty, Breach, Causation, and Damages
Equal Protection ClauseRequires states to treat individuals in similar situations equally
Erie DoctrineMandates federal courts apply state substantive law in diversity jurisdiction cases
Exclusionary RuleEvidence obtained in violation of a defendant’s constitutional rights is inadmissible in court
Fee Simple AbsoluteThe most complete interest one can have in real property, with unlimited duration
Felony Murder RuleKilling during the commission of certain felonies is deemed murder regardless of intent to kill
First Amendment – Establishment ClauseProhibits the government from establishing religion
Future InterestsInterests in property that will take effect in the future, such as remainders and reversions
Good Faith in ContractsHonesty in fact in the performance or enforcement of the contract
Inchoate CrimesCrimes that involve steps toward committing a substantive offense, such as attempt, conspiracy, and solicitation
Incorporation DoctrineApplying the Bill of Rights to the states via the Fourteenth Amendment
Intentional Infliction of Emotional DistressExtreme and outrageous conduct that causes severe emotional distress
Joint TenancyCo-ownership with right of survivorship requiring the four unities of time, title, interest, and possession
Judicial ReviewPower of courts to declare legislative and executive acts unconstitutional
Marital Communications PrivilegeProtects confidential communications made between spouses during marriage
Mens Rea for MurderIntention or knowledge of wrongdoing required for murder charge
Miranda RightsThe warnings required to be given by police to criminal suspects in custody before interrogation
Mirror Image RuleAcceptance must match the offer exactly; otherwise it is considered a counteroffer
Motion to DismissA request to terminate a case based on a legal deficiency such as failure to state a claim
Negligence Per SeViolation of a statute intended to prevent the harm that occurred creates a presumption of negligence
Offer in Contract LawA 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 RuleProhibits the introduction of evidence of prior or contemporaneous agreements to alter or contradict the written contract
Personal JurisdictionA court's power to bring a person into its adjudicative process based on minimum contacts with the forum
Piercing the Corporate VeilHolding 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 LiabilityLiability of manufacturers or sellers for injuries caused by defective products
Promissory EstoppelA promise reasonably relied upon to the promisee’s detriment may be enforced without consideration
RelevanceEvidence must be relevant to be admissible, meaning it has any tendency to make a fact more or less probable
Remedies for Breach of ContractInclude expectation damages, reliance damages, specific performance, and restitution
Res Ipsa LoquiturDoctrine that allows inference of negligence from the very nature of an accident
Res JudicataPrevents relitigation of claims that have already been finally decided
Rule Against PerpetuitiesFuture interests must vest within 21 years after a life in being at the interest’s creation
Search and SeizureGoverned by the Fourth Amendment requiring warrants based on probable cause
StandingLegal right to initiate a lawsuit based on sufficient connection to the harm
Statute of FraudsRequirement that certain contracts be in writing to be enforceable
Strict LiabilityLiability without fault for certain actions or activities, such as abnormally dangerous activities
Subject Matter JurisdictionThe authority of a court to hear the type of case presented
Substantial PerformancePerformance close to complete that entitles a party to payment minus any damages for minor deviations
Summary JudgmentA judgment entered by a court for one party without a full trial
Takings ClauseGovernment must provide just compensation when taking private property for public use
Terry Stop and FriskPolice may stop and briefly search a person with reasonable suspicion of criminal activity and danger
The Exclusionary RuleProhibits the use of illegally obtained evidence in court
Third-Party BeneficiariesIndividuals who are intended to benefit from a contract between other parties
UCC vs Common Law ContractsThe Uniform Commercial Code governs contracts for the sale of goods, while common law covers other contracts
Unilateral vs Bilateral ContractsUnilateral contracts involve a promise in exchange for performance, while bilateral contracts involve mutual promises
Venue in Civil ProcedureThe proper location where a case should be heard
Vicarious LiabilityHolding one party liable for the torts of another due to their relationship
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.
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