Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Bar > MBE Basics > Flashcards

MBE Basics Flashcards

(71 cards)

Start Studying
1
Q

What is Personal Jurisdiction (PJ)?

A

Minimum contacts + fair play & substantial justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is Subject Matter Jurisdiction (SMJ)?

A

The authority of a court to hear a case based on its subject matter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is Federal Question Jurisdiction?

A

Arises under federal law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is Diversity Jurisdiction?

A

Complete diversity + amount in controversy over $75,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Where is Venue proper?

A

Proper where:
* Any defendant resides (if all defendants are in the same state)
* A substantial part of events occurred

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the Erie Doctrine?

A

Apply state substantive law & federal procedural law in diversity cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does Res Judicata (Claim Preclusion) signify?

A

Same claim, same parties, final judgment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is Collateral Estoppel (Issue Preclusion)?

A

Same issue was actually litigated & decided

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the levels of scrutiny in Constitutional Law?

A

Strict Scrutiny, Intermediate Scrutiny, Rational Basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is Strict Scrutiny?

A

Government must show compelling interest for race, national origin, fundamental rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is Intermediate Scrutiny?

A

Government must show important interest for gender & illegitimacy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is Rational Basis?

A

Plaintiff must show no legitimate interest for everything else

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What does the Commerce Clause allow?

A

Congress regulates interstate commerce, channels, & instrumentalities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the Dormant Commerce Clause?

A

States cannot discriminate against or unduly burden interstate commerce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does the Equal Protection Clause (14th Amendment) state?

A

No state shall deny equal protection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does the Due Process Clause protect?

A

Protects fundamental rights (e.g., privacy, voting, travel)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does the First Amendment protect?

A

Protects speech, but government may regulate:
* Content-based speech → Strict scrutiny
* Content-neutral speech → Intermediate scrutiny
* Unprotected Speech: Incitement, fighting words, obscenity, defamation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the requirements for Offer & Acceptance in contracts?

A

Offer must have definite terms & acceptance must be mirror image (common law) or reasonable (UCC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is Consideration in contract law?

A

Bargained-for exchange; past consideration is invalid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What does the Statute of Frauds (SOF) require?

A

Must be in writing for:
* Marriage
* Year+ Contracts
* Land
* Executor
* Goods $500+
* Suretyship (MYLEGS)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the Parol Evidence Rule (PER)?

A

Prevents prior agreements from contradicting a final written contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is Anticipatory Repudiation?

A

Party unequivocally refuses to perform before performance is due

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the Perfect Tender Rule (UCC)?

A

Buyer can reject nonconforming goods unless seller cures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are Expectation Damages?

A

Put the non-breaching party in the position they would have been in if the contract was performed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What constitutes First-degree murder?
Premeditated & deliberate
26
What is Second-degree murder?
Malice but not premeditated
27
What is the Felony Murder Rule?
Killing during an inherently dangerous felony
28
What are Mens Rea (Mental States)?
Purposely, knowingly, recklessly, negligently
29
What is the M’Naghten Rule (Insanity Defense)?
Defendant didn’t know the nature of the act or that it was wrong
30
What does the 4th Amendment require?
Requires probable cause for warrants; exceptions include: * Consent * Plain View * Search Incident to Arrest * Exigent Circumstances * Automobiles
31
What are Miranda Rights?
Required when a suspect is in custodial interrogation
32
When does the Right to Counsel (6th Amendment) attach?
Attaches at indictment, formal charges, or arraignment
33
What is the Hearsay Rule?
Out-of-court statement offered for truth of the matter asserted
34
What are Hearsay Exceptions when the Declarant is Unavailable?
Includes: * Former testimony * Dying declarations * Statements against interest
35
What are Hearsay Exceptions that are Always Allowed?
Includes: * Excited utterance * Present sense impression * Business records
36
What is Character Evidence in Criminal Cases?
Defendant may introduce good character, but the prosecution can rebut
37
What is Adverse Possession?
Must be continuous, open, notorious, hostile, & exclusive for statutory period
38
What is the Rule Against Perpetuities (RAP)?
No future interest is valid unless it vests within 21 years after a life in being
39
What are the types of Ownership?
Includes: * Joint Tenancy (JTWROS) – Right of survivorship, severed by sale * Tenancy in Common (TIC) – No survivorship rights
40
What is Tenancy for Years?
Fixed term lease
41
What is Periodic Tenancy?
Automatically renews until notice is given
42
What is the Implied Warranty of Habitability?
Landlord must provide livable conditions
43
What are the elements of Intentional Torts?
Includes: * Assault * Battery * False Imprisonment * IIED
44
What are the elements of Negligence?
Duty, Breach, Causation, Damages
45
What are the categories of Strict Liability?
Includes: * Abnormally dangerous activities * Wild animals * Defective products
46
What is Manufacturing Defect?
Defective product
47
What is Design Defect?
Feasible alternative design available
48
What is Failure to Warn?
No adequate warnings
49
What constitutes Defamation?
False statement harming reputation + publication
50
What must Public Figures prove in defamation cases?
Must prove actual malice
51
What are the requirements for Attachment in Secured Transactions?
Security interest attaches if: * Value is given * Debtor has rights in collateral * Security agreement exists
52
What are the methods for Perfection?
Includes: * Filing * Possession * Control of collateral
53
What are the Priority Rules in Secured Transactions?
Perfected beats unperfected; PMSI in inventory/livestock → Must file & give notice
54
What is the Business Judgment Rule (BJR)?
Courts defer to directors’ reasonable business decisions
55
What are the factors for Piercing the Corporate Veil?
Includes: * Commingling funds * Undercapitalization * Fraudulent conduct
56
What is Partnership Liability for General Partners?
Personally liable for partnership debts
57
What is Partnership Liability for Limited Partners?
Only liable up to their investment amount
58
What is the mnemonic for Personal Jurisdiction factors?
My Parents Frequently Visit Texas
59
What is the mnemonic for the Statute of Frauds?
MY LEGS
60
What is the mnemonic for Hearsay Exceptions (Declarant Unavailable)?
FARM D
61
What is the mnemonic for Negligence Elements?
DBCD
62
What is the mnemonic for Joint Tenancy Elements?
TTIP
63
What is the mnemonic for Strict Liability Categories?
DWA
64
What is the mnemonic for Impeachment Methods for Witnesses?
BICCC
65
What are the Best Interests of the Child Factors?
Includes: * Parental stability * Ability to provide * Relationship with child * Emotional & physical needs * Needs of child * Third-party influence
66
What are the Grounds for Divorce (Fault-Based)?
Includes: * Cruelty * Infidelity * Abandonment
67
What does the 1st Amendment protect?
5 Freedoms: Speech, Press, Religion, Assembly, Petition
68
What does the 4th Amendment protect against?
No unreasonable searches & seizures; warrant required unless exception applies
69
What rights does the 5th Amendment provide?
Self-incrimination, Property (Takings), Indictment (Grand Jury), Eminent Domain, Double Jeopardy
70
What does the 6th Amendment guarantee?
Right to a Fair Trial: Speedy, Impartial, Confront, Counsel, Compulsory
71
What is the significance of the 14th Amendment?
Equal Protection & Due Process

Bar (18 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions