Exam topics

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• MBE ScoringThe MBE score is based on 175 scored questions, then reported on an equated scale. The remaining 25 questions are unscored pretest items mixed into th…
• MBE SubjectsThe MBE covers Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property and Torts. Each subject supplies 25…
• Hearsay ExceptionsA hearsay analysis starts by asking whether an out-of-court statement is offered to prove the truth of what it asserts. If so, identify each declarant…
• Personal JurisdictionPersonal jurisdiction asks whether a court has authority over a particular defendant. Start with a traditional basis such as domicile or consent, then…
• Negligence and Duty of CareA negligence claim generally requires duty, breach, factual causation, proximate cause and legally recognized harm. Ask what a reasonable person would…
• Contract ConsiderationConsideration is a bargained-for exchange in which each side gives or promises something of legal value. A promise can qualify through a legal detrime…
• Offer and AcceptanceContract formation begins with an offer that manifests commitment, followed by acceptance in the manner the offer invites. The offeror generally contr…
• Fourth Amendment SearchesA Fourth Amendment search generally occurs when government conduct intrudes on a reasonable expectation of privacy or physically trespasses on a prote…
• Character EvidenceCharacter evidence is generally inadmissible to prove that a person acted in accordance with a trait on a particular occasion. The Federal Rules recog…
• Future InterestsClassify a future interest by asking who holds it, what estate precedes it and what condition controls possession. A remainder waits for a prior estat…