Flashcards in MBE General Exam Tactics Deck (35)
When the modifier "unless" is used on the MBE after the comma, means?
When the modifier unless is used, the reasoning must be the "only" circumstance under which the result cannot occur. In other words, "the response cannot be correct."
Synonyms or equivalents of "IF"generally used on the MBE
As long as; For Example
Synonyms or equivalents of "because" generally used on the MBE
When "if" is a modifier in the answer on the MBE after the comma, means?
in order to be correct the reasoning need only be plausible under the facts. "If" is "only" plausible and "Because" is unequivocal
Because as a modifier in the answer on the MBE after the comma, means?
Can be correct "only if," and the reasoning addresses and resolves a central issue (or at least a more central issue than any other response. The facts in the question completely satisfy the reasoning. The result is consistent with the reasoning.
How can the answer choices be wrong on the MBE?
1- The answer choice mischaracterizes the facts.
2- The answer choice misstates the law
3- The answer choice ignores a central issue in the question
If a choice falls in "any respect," you can stop your analysis, eliminate it, and move on; an answer choice must be correct in every respect
MBE question format--What is the most likely outcome? Means in other words
What is the result and why
MBE question format--Which claim is most likely to succeed? Means in other words
Which is the only claim that can succeed on these facts and why?
MBE question format--What is the defendant's best defense? Means in other words
Why wont the defendant be found guilty on these facts?
MBE question format--If party "x" loses, the most likely basis for the judgment is that... Means in other words
Party "x' loses because
What are the three most common modifiers on the MBE
The three most common modifiers on the MBE are:
Which are the first words after the comma in the answer choice
Sales questions on the MBE
rely on the UCC for answers under Article 1 and 2 of the Uniform Commercial Code
Contract questions on the MBE
rely on the common law for answers
Contract question types that appear on the MBE
1. Plaintiff's or defendant's best argument or theory to recover
2. How contractual terms should be construed (e.g., as conditions)
3. How to characterize facts (e.g., if certain acts constitute an offer, acceptance, contract)
4. Whether plaintiff will succeed
5. Legal effect of additional facts
6. If court decides for a specified party, the reason why
7. How a goal cold be accomplished (e.g., offer accepted or revoked)
8. Which of two or three alternatives are correct, or would influence the outcome of the case.
Contract questions on the MBE that deal with a contract that is not "fully integrated" and the party wants to prove an oral term that flatly "contradicts" a written term,
You do not have to worry about whether the integration is partial or total, because in "either case" the contradictory oral term cannot be proved.
Once you have determined that the MBE question is a Contract (oriented), the next step is to immediately see if
the transaction in question involves the "sale of goods."
If a sale of goods questions arise on the Contract section of the MBE
then UCC article 2 applies.
You need to make this distinction early, because, when a question addresses an issue on which the common law and the UCC differ, one of the incorrectly answers will inevitably try to mislead you by addressing the rule from the law that does not apply.
On the MBE, generally, how many questions dealing with contracts will be related to the "sale of goods"
Generally, 1 out of every 4, so that means that there will be approximately 8-10 UCC questions.
When a question on the MBE includes the language "no controlling statute" that means
that the COMMON LAW applies to the fact pattern.
Wherever possible on the MBE when an issue arises under a Contract, try to find that a
Contract exists. Traditionally, a contract requires an offer, acceptance, and consideration (or some consideration substitute). If a contract exists, then concepts like promissory estoppel and quasi-contract do not apply, and you have to analyze the problem under the contract: What are the parties duties, what relieves those duties, what triggers them, etc.
In most MBE questions, you are not told anything about the parties except their gender, their occupation, and their family relation to each other (if any). Therefore, if a question "does" tell you something more than
"WATCH OUT"--those facts are almost always relevant to the status of the person described.
On the MBE when it question gives you the person occupation or retired, it is really saying
that the person is NOT a merchant, and non-merchants cannot make irrevocable offers without consideration
In some Contract and Sales questions on the MBE, you will be told that a party prevailed and be asked why. If the victory does not make sense to you, ask yourself why---the answer choice will usually be
the best response that addresses your doubts
Distinguishing third-party beneficiaries and assignees on the MBE
Frequently, in questions dealing with third-party beneficiaries, one of the responses will mention a rule relating to assignees (and vice versa).
Remember: A beneficiary is created in the contract; an assignee gains his rights only later, when a party transfers his contract rights to the assignee.
Thus, a person who does not have rights created and arising in the contract CANNOT be a beneficiary.
Real Property questions on the MBE will tend to involve
Relatively long, complicated fact patterns, and the most difficult property questions will probably deal with conveyances and covenants
Status as a bona fide purchaser (BFP) is
one who takes for value without notice of prior claims--is relevant when examining protection under recording statutes.
When isnt bona fide purchaser status relevant?
Between original parties; its only relevant if "subsequent purchasers" are involved. Determine"whether or not the party to the lawsuit is one of the "original parties" to the conveyance.
What is the importance of "marketable title" on the MBE?
The existence and conveyance of marketable title are implied in land sale contracts, "but once the deed takes effect, the terms of the deed control."
This is important because, if a vendor contracts to sell property and later conveys the property via quitclaim deed, there are no covenants associated with the deed. Under the doctrine of merger, the deed, not the contract, controls
On the MBE one issue related to real property which tends to be the most familiar is "NOTICE," so remember that Notice can be
Express or implied--for example, the mere physical appearance of a neighborhood (all single family homes) can provide notice that a building restriction exists.