MBE Missed Questions + Mnemonics

Question 1

How to add the correct party to a suit by “relating back” through amendment

Answer 1

Imagine filing a lawsuit and accidentally leaving out the correct defendant. The clock stops for 90 days ⏳ while the court checks:
✔️ Same facts? = “same story no worry”
✔️ Did the new party know about the lawsuit within 90 days? = “90 days or no play”
✔️ Was it a mistake, not a strategy? “if mistake it can relate back” new party knew or should have known they were a party to original suit

If all are YES, the new party is added as if they were named from the start = Relation Back!

Question 2

Compulsory/Required Joinder of parties

Answer 2

✅ Step 1: Is the person a “Required Party”? A party must be joined if:
1️⃣ Complete Relief Can’t Happen Without Them – The court can’t fully resolve the case without this person.
✅ Step 2: If the party can be joined without destroying diversity jurisdiction or violating venue rules → They must be joined!

🔹Example: Two people claim ownership of the same land, but only one is named in the lawsuit.

Question 3

Impleader!

Answer 3

How to Remember Impleader – “It’s NOT Me, It’s THEM!”

💡 SUPER SIMPLE MEMORY TRICK:
👉 “I’m NOT paying alone—I’m bringing THEM in!”
(💭 Imagine a defendant yelling: “IM-pleading for help!” → Impleader!)

✅ When Can a Defendant Implead?

Contribution = Sharing the blame 💰
Indemnity = Shifting the blame 💯
Quick Visual to Remember:
🤷‍♂️ Plaintiff sues Defendant → Defendant says, “Not just me! Bring in Third-Party Defendant!”

🔹 Example:
🚗 Car accident – Driver A sues Driver B. Driver B impleads Driver C, claiming C caused part of the crash!

🔥 Final Hook:
“IMPL-EADER = I’m Pleading for Backup!” 🚀

Question 4

INTERpleader

Answer 4

“I have the money, but I don’t know who to pay!”

A neutral party (often a stakeholder) is holding property/money and forces others to fight over it in one lawsuit.
Example:
Life Insurance Dispute → An insurance company knows someone should get a $1M payout, but two people claim to be the rightful beneficiary. The insurance company files an interpleader so the court decides.

🔹 Memory Trick: “INTER-pleader = I’M IN the middle!”

Question 5

21-28-30, 60-90

Answer 5

🔥 MUST-KNOW (Very Commonly Tested) – Focus on These First!
✅ 21 Days → Three Big Ones (🔥 This is HUGE on the MBE!)
1️⃣ Time to Answer a Complaint → Defendant must answer within 21 days of service.
2️⃣ Time to Amend a Pleading Once as a Matter of Course → Party can amend once within 21 days after serving it.
3️⃣ Time to File a Rule 12(b) Motion (e.g., motion to dismiss) → Must file within 21 days of service.

✅ 28 Days → JMOL & Motion for New Trial
[Think…upset with outcome of trial because on your period?!!?)
After trial, a Renewed JMOL (Judgment as a Matter of Law) or Motion for New Trial must be filed within 28 days.
🔥 This is tested often because students confuse it with 30 days.
✅ 30 Days → Appeals Deadline

A party must file an appeal within 30 days of final judgment.
🔥 MBE loves testing appeals timelines!

✅ 60 Days → U.S. Government Gets Extra Answer Time

If you sue the U.S. government, they get 60 days to file an answer instead of 21.

🔥 This is tested because students forget that the government gets special treatment.

✅ 90 Days → Time to Serve Process

Plaintiff must serve defendant within 90 days of filing the complaint.
🔥 Tested because people mix it up with other deadlines.

Question 6

Nuisance

Answer 6

Question 7

Compensatory damages only for negligence - no nominal or punitive

Answer 7

Question 8

TEC-CCP

Answer 8

Order to write mnemonics:

Torts
Evidence
Crim Law
Contracts
Constitution Law
Property

Question 9

Torts Mnemonics:
Strict DAD
ABC FITT
BAFTT

Answer 9

Strict “DAD” [strict liab]
Dangerous Activities
Animals
Defective products

ABC FITT [int. torts]
Assault
Battery
Conversion
False Imp.
Int Infl Emot Dist.
Trespass to land
Tress pass to chattel

BAFTT
Battery
Assault
False Imprisonment
Trespass to land
Tresspass to Chattel

*applies to transferred intent

Question 10

Evidence Mnemonic: DAFFY Hears Except!

PAPERS PBJ Hears Except!

Answer 10

“DAFFY” Hears Except:
Dying decl.
Against Int.
Former Test
Family History
YOUR GONE! MUST BE!

PAPERS PBJ Hears Except:
Present Impression
Ancient Documents
Past condition/diagnosis
Excited utterance
Recorded recollection
State of mind
Public records
Business records
Judgment of prior convictions

Question 11

Evidence Mnemonic:
NOT Hearsay IICP!

Answer 11

NOT Hearsay IICP!

Inconsistent statement prior under oath

Identifications statements prior

Consistent statements prior

Party Admissions opposing party

Question 12

Evidence Mnemonic:
MIMIC Character Except

Answer 12

MIMICS Character Except

Motive
Intent
Mistake lack of
Identification
Common scheme or plan

*never allowed in civil case unless character is essential to claim OR claim relates to sexual misconduct

Question 13

Evidence Mnemonic:

IMPEACHED FOR BBC PICS

Answer 13

Impeached for BBC PICS

Bias
Bad character for truthful
Criminal convictions < 10
Prior inconsistent
Inability to recall
Contradiction by other evid
Specific acts untruthful

Question 14

Crim Law Mnemonic:

General Mills BRKF

Answer 14

General Mills BRKF

Battery
Rape
Kidnapping
False Imprisonment

*D intends to act not result
*defenses = mistake if reasonable, invol intox, self D

Question 15

Crim Law Mnemonic:

Specific STARCH

Answer 15

Specific STARCH

Solicitation
Theft crimes
Attempt
Robbery
Conspiracy
Homicide 1st degree

*Intent to act + specific outcome
*defenses = mistake (unreasonable OK), volun + involun intox OK

Question 16

Crim Law Mnemonic:

Strict SSB

Answer 16

Strict SSB

Statutory rape
Selling liquor minors
Bigamy

Strict crimes = no intent needed - if you do the crime, you do the time! Mistake not a defense!

Question 17

Contracts Mnemonic:

Statute of MY LEGS

Answer 17

Statute of MY LEGS

Marriage - prenups
Year K - imposs comp 1 yr

Land sale
Executor K
Goods over $500 UCC
Surety agreements

Question 18

Con Law Mnemonic:

Strict and Compelling RUN!!!!

Answer 18

Strict and Compelling RUN!!!

Race
Alienage
Nationality

Strict scrutiny, compelling gov interest, narrowly tailored

Question 19

Con Law Mnemonic:

Intermediate CIG

Answer 19

Intermediate CIG

Citizenship
Illegitimacy
Gender

Substantially related, important gov. interest

Question 20

Con law Mnemonic:

Rational DEL

Answer 20

Rational DEL

Disabilities
Economic regs
LGBTQ

Rational basis = reationally related to legit gov int.

Question 21

Property Mnemonic:

OCEAN property

Answer 21

OCEAN property

Open
Continuous
Exclusive
Actual
Notoriou

Adverse possession

Question 22

CIV PRO Menmonic

14, 21, 28, 30, 60, 90

Answer 22

14 = TRO
21 = answer, amend, sancs
28 = “period” JMOL, motion
30 = appeals
60 = gov time for answer
90 = serve the D

Question 23

Crim Law Mnemonic
BARRK felony murder

Answer 23

BARRK

Burglary
Arson
Rape
Robbery
Kidnapping

no specific intent to kill req
during commission or immediate flight from the felony

Question 24

Presumption of evidence “bubble bursting”

Answer 24

Jury is trier of fact and MAY determine facts

Question 25

Offer to settle civil suit, in exchange for witness not testifying against D in criminal case will be allowed as evidence of obstruction.

Answer 25

Narrow rule as typically offers to settle are NOT allowed.

Question 26

D's Character evidence for truthfulness in murder case

Answer 26

Testimony regarding truthfulness not allowed as proper character evidence as it is not applicable. However character evidence for peacefulness would be allowed as it is pertinent to the case

Question 27

Dying delaration statements MUST relate to reason or cause of death!

Answer 27

i.e., man is dying after getting hit by a car and states to police to make sure his estate collects $100 owed to him by his neighbor - this statement is not considered a dying delcaration.

Question 28

Dr./Patient confidentiality not protected when at issue in a case to prove diagnosis or treatment

Answer 28

Even if a federal case and or for something other else, if party makes it an issue, will be allowed.

Question 29

Attorney client privilege does not apply if confidential info was shared with a third party - even if the third party was a family member! No longer confidential and privileged!

Question 30

Whether a person meets the criteria to be considered an expert witness is up to the judge - not the jury.

Question 31

Leading questions ARE only allowed on CROSS EXAMINATION! Look for "Isn't it True" in the sentence.

Question 32

If NOT hearsay, it can be used as substantive evidence

Question 33

If a party raises new or significant matters on cross examination, other party has a RIGHT to follow up those questions on REDIRECT questioning

Question 34

Intrinsic evidence (instances part of the same transaction or events at trial) of a specific instance is always allowed to impeach, a witness, however extrinsic (seperate acts not part of the chain of events at trial) of specific acts are NOT allowed.

Question 35

Admissions + offers to pay medical bills (not offer to pay settlement) is the ONLY correct answer MUST have a pending suite however. If NOT, then any offer(s) of compromise or offer to settle is NOT excluded.

Question 36

Avoid any answer excluding testimony b/c of witness "incompetence"

Question 37

When there is hearsay within hearsay (statement) within another out of court statement. BOTH statements must pass hearsay rule - if not they are BOTH inadmissible!

Question 38

Past Recollection recorded = hearsay exception involving previously recorded (written or dictated, etc) to be read into evidence when witness CANNOT recall.

Question 39

Present sense impressions = statement made while or immediately after perceiving an event

Question 40

Ancient document = 20+ years old, must be in place documents routinely kept, it appears authentic

Question 41

State of mind hearsay exception = "I feel sick" "I'm scared" "I plan to go to the park tomorrow". Anything in the past does not apply "e.g., I think my landlord stole my mail". future tense or present tense is OK.

Question 42

When submitting photographs into evidence, party must authenticate photos. Someone must authenticate they valid, who has PERSONAL knowledge.

Question 43

When xpert testimony when referring to a book or treatise, passages may only be ready to jury - not given entire book for review, etc.

Question 44

Hearsay exception: prior testimony if declarant unavailable is only allowed if other party had opportunity to cross examine. Note there is NO cross examination in grand jury proceedings

Question 45

In Negligence action, to recover economic damages (lost employment) must have physical harm associated with the economic loss

Question 46

At a preliminary hearing, on cross examination, a party can be asked questions about admissibility issues of related evidence, but not about other issues in the case.

Question 47

Rule 403 balancing test APPLIES to ALL evidence EXCEPT: felony or misdemeanors 10 or less years old involving DISHONESTY!

Question 48

6th amendment confrontation clause, allows a D the RIGHT to present during all critical stages of a trial, including jury selection. Only D can waive this right.

Question 49

Q states "without notice" + "recorded first" pick first bonafide purchaser who records wins!

Answer 49

RACE NOTICE