Legal Concepts and Principles, Exams of Law

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David Mungai [COMPANY NAME] [Company address]

MBE BAR EXAM MNEMONICS 2025

Exam Review Questions and Answers |

100% Pass | Graded +

MBE BAR EXAM MNEMONICS 2025

Exam Review Questions and Answers |

100% Pass | Graded +

ISSUE PRECLUSION (COLLATERAL ESTOPPEL) - Answer>> (AS IF) ACTUAL party to Previous case SAME issue. ISSUE essential to the judgment FINAL judgment on the merits CLAIM PRECLUSION (RES JUDICATA) - Answer>> (Some People Just Make Stupid Claims) SAME PARTIES (final) JUDGMENT on the MERITS of the original claim SAME CLAIM Motion for relief from a judgment - Answer>> (MEND) *Can be made up to 1 year from entry of judgment MERIT EQUITY NEW Facts DUE Diligence FRCP 22 Interpleader - Answer>> Requires (1) complete diversity b/w stakeholder and all adverse claimants and in excess of $75k in issue OR (2) federal question claim.

UNCOMMON in the community CANNOT be made safe False Imprisonment Elements - Answer>> IN A CRIB INTENTIONAL NO reasonable means of escape ACT to CONFINE RESTRAIN INTENT for party to be BOUND Products liability elements - Answer>> (DADS need properly working grills) -producing or selling DEFECTIVE products -ACTUAL and proximate cause -DAMAGES -commercial SUPPLIER Larceny - Answer>> Trespassory Taking and Carrying away the Property of another with the Intent to permanently deprive Slander per se damages presumed - Answer>> LUMP L oathsome disease U nchaste (imputes a women's chastity) M oral turpitude P rofessional reputation or business

Intentional Misrepresentation - Answer>> (MR DISC lied about being a good deejay) affirmative MISREPRESENTATION justifiable RELIANCE DAMAGES INTENT SCIENTER CAUSATION Interference with business relations - Answer>> Ian Clearly Knew the Damage he'd caused INTENTIONAL interference by D inducing breach or termination of CONTRACTUAL relationship with KNOWLEDGE of the relationship DAMAGES Ways to escape statute of frauds - Answer>> dUWAP UNIQUE product WRITTEN confirmation by a merchant w/in 10 days of receipt (confirmatory memo) ADMISSION in pleading or in court PERFORMANCE Contracts that are within SoF - Answer>> MY LEGS M arriage Y ear (one) L and sale K's E xecutors promises

Interest Possession Ways to terminate a joint tenancy - Answer>> SPaM Sale or convey Partition And Mortgage Obscenity - Answer>> PP SLAPS Prurient interest Patently offensive S erious L ack of A rtistic, P olitical, and S cientific value T breaches duty to pay rent when out of possession - Answer>> SIR you've left and still breached S urrender I gnore the abandonment Re-let Constructive Eviction - Answer>> SING Substantial Interference Notice Goodbye (T Must vacate) Creation of affirmative easement - Answer>> PING

Prescription Implication Necessity Grant Landlords tort liability - Answer>> CLAPS Common areas Latent defects Assumption of repairs Public use rule Short term lease of furnished apt Implied warranty of habitability (residential only) - Answer>> MR If breach --> T may Move out Repair and deduct Reduce the rent Remain and sue Ways to terminate an easement - Answer>> END CRAMP Estoppel Necessity ends Destruction of servient tenement Condemnation Release Abandonment Merger Prescription (COAH)

Intent Touches and concerns Notice Equitable Servitude Types of title property notices - Answer>> AIR Actual Inquiry Record Inadmissible Evidence bc it's against public policy - Answer>> Look for the public policy PRISM Pleas Remedial measures (subsequent) Insurance Settlement offers Medical expenses (offers to pay) Character evidence in a civil case - Answer>> a SOUR personality Specific instances Opinion Ultimately at issue Reputation Specific instances of D's bad conduct is admissible to demonstrate: - Answer>> MIMIC Motive Intent Mistake Identity

Common scheme or plan Expert Witnesses - Answer>> Hot Quiznos For Cold Penguins HELPFUL to the jury QUALIFIED (proper) FACTUAL basis for which opinion is based on (reasonable) CERTAINTY in their opinion (based on reliable) PRINCIPLES that were reliably applied Methods of Impeachment - Answer>> 3 Priors Can Ruin Or Taint Bobby's Story Prior inconsistent statements Prior bad acts Prior convictions CONTRADICTION REPUTATION and OPINION for TRUTHFULNESS BIAS SENSORY deficiencies Witnesses are unavailable when... - Answer>> PRIMA Privilege Refusal to testify despite court order Incapacity Memory is lacking Absent (beyond reach of court subpoena) Hearsay exceptions involving unavailable declarants - Answer>> (he Died Prior to Declaring a Personal Statement) DYING declaration

Particularized injury Concrete injury Causation Redressability Congress' police power - Answer>> MILD Military Indian reservations Land (i.e., fed land or territories) DC The fundamental rights - Answer>> CAMPERS' TV Contraception Abortion Marriage Parent Education Relations (family) Sexual relations Right to travel Right to vote Types of unprotected speech - Answer>> ID OFF you if you tried to protect these Incitement Defamation Obscenity Fighting words False/deceptive advertising (commercial speech)

Establishment Clause (Lemon test) - Answer>> let's SEE if it's religious Secular purpose Effect neither advances or inhibits religion Excessive entanglement Exceptions to parol evidence rule - Answer>> Violent RACISM VALIDITY issues REFORMATION ADDITIONAL terms under UCC COLLATERAL agreements and naturally omitted terms INTERPRETATION SHOWING of "true consideration" MODIFICATIONS (subsequent) Performance will be excused if there's: - Answer>> I SWAB HER from responsibility Insecurity Substantial performance Waiver Avoidance of forfeiture Breach (Actual) Hinderance or failure to cooperate Estoppel Repudiation (anticipatory) Burglary - Answer>> The breaking and entering at night of the dwelling of another with the intent to commit a felony therein

SERVITUDES on the land other reasons evidence should be excluded - Answer>> Donald Trump Can't (be) President He's Clearly A Tyrant D iscretionary exclusion under Rule 403 T oo remote C haracter evidence (unless they MIMIC SADE, then ok) P ublic policy reasons H earsay C onstitutional exclusion T estimonial privilege Compensatory damages requirements - Answer>> ( Cuz F*Ck U) Causation Foreseeability Certainty Unavoidable Dormant commerce clause - Answer>> (DURr of course you can't do that) a state/local law regulating interstate commerce is invalid if it: DISCRIMINATES against out of state competition UNDULY burdens interstate commerce REGULATES wholly out of state activity 1A Speech issues - Answer>> T SOUP Time/place/manner

Symbolic acts Overbreadth or vague Unprotected Speech (ID OFF) Prior restraints Miranda defenses - Answer>> SNIP the King's, Very, Impressive, Wig S pontaneous statement N ot custodial I mpeachment P ublic safety question KNOWING, VOLUNTARY, INTELLIGENT WAIVER Warrant exceptions - Answer>> this PEACH IS exceptional Plain view Exigent circumstances Automobile exception Consent Hot pursuit Incident to lawful arrest Stop and frisk Exclusionary Rule/Fruit of Poisonous Tree Exceptions - Answer>> Chynna Can IDentify exceptional PIGS Attenuated CHAIN of CAUSATION between tainted evidence and illegal action INTERVENING act of free will (inevitable) DISCOVERY PRELIMINARY hearing

(parties) INTENDED the use to continue after the division of the land Equitable defenses to enforcement of equitable servitude: - Answer>> (Carlotta Never Enforced A Land Use) CHANGED NEIGHBORHOOD: so that enforcement would be inequitable ESTOPPEL: benefited party acted in such a way that a reasonable person would believe the covenant was abandoned or waived ACQUIESCENCE: benefited party acquiesced in a violation of the servitude by one burdened party LACHES: benefited party fails to bring suit against the violator w/in reasonable time UNCLEAN hands: person seeking enforcement is violating a similar restriction on his own land Factors used to determine whether a breach was minor or material: - Answer>> LANA broke Ellen's trusting Heart LIKELIHOOD that the breaching party will perform remainder of K ADEQUACY of compensation of breaching party NEGLIGENT/willful behavior of breaching party AMOUNT of benefit received by non breaching party EXTENT of the breach HARDSHIP on the breaching party Present estates - Answer>> 1. Fee Simple Absolute

2. 3 Defeasible Fees
3. Life Estate

What are the future interests of the 3 defeasible fees? - Answer>> FS Determinable-->Possibility of Reverter FS Subject to Condition Subsequent-->Right of Re-entry FS Subject to Executory Interest-->creates an interest in a 3rd party Notice statute jurisdiction - Answer>> a subsequent BFP will prevail over a prior grantee that failed to record BFP elements - Answer>> had no prior notice paid value Race Statute Jurisdiction - Answer>> whomever records first prevails (notice is irrelevant) Race-Notice Statute Jurisdiction - Answer>> a subsequent BFP is protected ONLY IF he records before the prior purchaser M'Naghten Rule - Answer>> D doesn't know right from wrong or understand nature of actions Irresistible Impulse Test - Answer>> D unable to control actions or conform conduct to the law Durham Rule - Answer>> But for the mental illness, D would not have committed the act MPC Insanity Test - Answer>> Combination of M'Naghten and irresistible impulse test Specific Intent Crimes - Answer>> Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts