MBE General Exam Tactics

Question 1

When the modifier “unless” is used on the MBE after the comma, means?

Answer 1

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.”

Question 2

Synonyms or equivalents of “IF”generally used on the MBE

Answer 2

As long as; For Example

Question 3

Synonyms or equivalents of “because” generally used on the MBE

Answer 3

Since; as

Question 4

When “if” is a modifier in the answer on the MBE after the comma, means?

Answer 4

in order to be correct the reasoning need only be plausible under the facts. “If” is “only” plausible and “Because” is unequivocal

Question 5

Because as a modifier in the answer on the MBE after the comma, means?

Answer 5

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.

Question 6

How can the answer choices be wrong on the MBE?

Answer 6

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

Question 7

MBE question format–What is the most likely outcome? Means in other words

Answer 7

What is the result and why

Question 8

MBE question format–Which claim is most likely to succeed? Means in other words

Answer 8

Which is the only claim that can succeed on these facts and why?

Question 9

MBE question format–What is the defendant’s best defense? Means in other words

Answer 9

Why wont the defendant be found guilty on these facts?

Question 10

MBE question format–If party “x” loses, the most likely basis for the judgment is that… Means in other words

Answer 10

Party “x’ loses because

Question 11

What are the three most common modifiers on the MBE

Answer 11

The three most common modifiers on the MBE are:
1- Because
2- If
3- Unless

Which are the first words after the comma in the answer choice

Question 12

Sales questions on the MBE

Answer 12

rely on the UCC for answers under Article 1 and 2 of the Uniform Commercial Code

Question 13

Contract questions on the MBE

Answer 13

rely on the common law for answers

Question 14

Contract question types that appear on the MBE

Answer 14

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.

Question 15

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,

Answer 15

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.

Question 16

Once you have determined that the MBE question is a Contract (oriented), the next step is to immediately see if

Answer 16

the transaction in question involves the “sale of goods.”

Question 17

If a sale of goods questions arise on the Contract section of the MBE

Answer 17

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.

Question 18

On the MBE, generally, how many questions dealing with contracts will be related to the “sale of goods”

Answer 18

Generally, 1 out of every 4, so that means that there will be approximately 8-10 UCC questions.

Question 19

When a question on the MBE includes the language “no controlling statute” that means

Answer 19

that the COMMON LAW applies to the fact pattern.

Question 20

Wherever possible on the MBE when an issue arises under a Contract, try to find that a

Answer 20

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.

Question 21

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

Answer 21

“WATCH OUT”–those facts are almost always relevant to the status of the person described.

Question 22

On the MBE when it question gives you the person occupation or retired, it is really saying

Answer 22

that the person is NOT a merchant, and non-merchants cannot make irrevocable offers without consideration

Question 23

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

Answer 23

the best response that addresses your doubts

Question 24

Distinguishing third-party beneficiaries and assignees on the MBE

Answer 24

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.

Question 25

Real Property questions on the MBE will tend to involve

Answer 25

Relatively long, complicated fact patterns, and the most difficult property questions will probably deal with conveyances and covenants

Question 26

Status as a bona fide purchaser (BFP) is

Answer 26

one who takes for value without notice of prior claims--is relevant when examining protection under recording statutes.

Question 27

When isnt bona fide purchaser status relevant?

Answer 27

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.

Question 28

What is the importance of "marketable title" on the MBE?

Answer 28

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

Question 29

On the MBE one issue related to real property which tends to be the most familiar is "NOTICE," so remember that Notice can be

Answer 29

Express or implied--for example, the mere physical appearance of a neighborhood (all single family homes) can provide notice that a building restriction exists.

Question 30

Method for eliminating wrong answers on the MBE related to property questions by

Answer 30

1- Eliminate the answers that are wrong on the facts. 2. Eliminate the answers that are wrong on the law. Sometimes, you can do that without even referring to the fact pattern. 3. Eliminate the answers that are irrelevant. As you look through the responses, think to yourself, "Does this address--and overcome--a major obstacle to prevailing in this case? Alternatively, ask, Even if this is true--so what?

Question 31

Real Property questions on the MBE that ask for the arguments that's "most likely to succeed"

Answer 31

On questions like this, determine "which answer choice most closely addresses the greatest obstacle to success in the case. This will involve some analysis based on your own knowledge of the subject. Remember that at least one of the answer choices "must" address a central issue in order to be the best response.

Question 32

Real Property questions on the MBE that ask for the most important point--

Answer 32

Determine the fact that is pivotal. The most important point in a case is the one fact that will determine who will prevail.

Question 33

Chart the facts--

Answer 33

The facts in property questions can be exceptionally complex. In order to effectively test your knowledge of property law (i.e., of complex concepts such as notice or adverse possession), the facts have to be complex. This means that it is vitally important that you chart facts on a piece of paper or scrap paper.

Question 34

Constitutional implications on real property questions, such as zoning, or covenant to violate the Constitution, generally

Answer 34

Keep in mind that, in order for a zoning ordinance or covenant to violate the Constitution, it must be far out-side the realm of standard restrictions, therefore, if you encounter a question containing a garden-variety restriction, it is unlikely to be repugnant to the Constitution, so any answer choice voiding the restriction on constitutional grounds is likely to be wrong Make sure you eliminate every Property law possibility before you consider constitutional implications

Question 35

The modifier "if" means that

Answer 35

the reasoning must be plausible on the facts, it must resolve a significant issue, and the result must be consistent with the reasoning