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Black Letter Law Quick Facts Flashcards
Multistate Bar Examination Flashcards
| 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 |
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.