MBE / Black Letter Law – 2026 – Study Guide and Exam
Preparation
Assault - ANS✔✔ An intentional act by D creating P's reasonable apprehension of immediate
harmful or offensive contact.
Battery - ANS✔✔ An intentional harmful or offensive contact.
False Imprisonment - ANS✔✔ Act (or omission) resulting in P's restraint or confinement, P is
confined to bounded area, intent & causation.
Shopkeeper's Privilege - ANS✔✔ A store may detain a suspected thief if the store has
reasonable cause, detains in a reasonable manner, and reasonable in length and scope.
IIED - ANS✔✔ Extreme & outrageous conduct by D causing severe emotional distress to P. D
acted with intent or recklessness.
Trespass to Land - ANS✔✔ Physical entry to P's property, intent to enter the land, but no intent
to trespass is necessary.
Trespass to Chattel - ANS✔✔ D intentionally interferes with P's right of possession in tangible
personal property, minor interference or damage.
Damages: P can recover cost of repair or rental value of chattel.
Conversion - ANS✔✔ D intentionally interferes with P's right of possession in tangible property,
interference must be significant or damage justifies paying chattel's full value.
,Damages: P can recover full market value at the time of conversion.
Consent Defense - ANS✔✔ A defense to all intentional torts, must be capable of consenting.
Defamation - ANS✔✔ A false statement concerning P, made by D to at least one person other
than P, that is harmful to P's reputation.
Defamation (Public Figures) - ANS✔✔ Defamation: False, Statement, Concerning P, Publication,
& Harm to Reputation.
Fault- there must be actual malice
Falsity- must prove falsity.
Appropriation - ANS✔✔ Unauthorized use of P's name or likeness for commercial purposes.
False Light - ANS✔✔ Widespread publication of a falsehood or material misrepresentation
about P that would be highly offensive to a reasonable person.
Intrusion Upon Seclusion - ANS✔✔ Reasonable Exp. of Privacy + Intrusion
Intrusion upon P's private affairs in a manner that would be highly offensive to a reasonable
person.
Disclosure - ANS✔✔ Highly Offensive + Publicized
Public disclosure of P's private information.
, Misrepresentation - ANS✔✔ D misrepresents a past or present material fact, D knows or
believes the misrepresentation is false, D intends to induce P, P actually and justifiably relies,
and P suffers monetary loss.
Intentional Interference w/ Business Relations (or Tortious Interference with Contract) - ANS✔✔
P has a valid contractual relationship, D has knowledge of it, D intentionally interferes, the
interference causes breach or termination, P suffers damages.
False Imprisonment - ANS✔✔ The unlawful confinement of a person without their consent.
Kidnapping - ANS✔✔ Unlawful confinement of person that involves movement or concealment
of the victim.
Murder - ANS✔✔ Unlawful killing of another human with malice aforethought.
Malice Aforethought - ANS✔✔ Intent to kill
Intent to inflict grave bodily injury
Depraved / malignant heart (reckless indifference)
Felony murder
Felony Murder Crimes - ANS✔✔ BAARK
Burglary
Arson
Assault
Robbery
Kidnapping
Preparation
Assault - ANS✔✔ An intentional act by D creating P's reasonable apprehension of immediate
harmful or offensive contact.
Battery - ANS✔✔ An intentional harmful or offensive contact.
False Imprisonment - ANS✔✔ Act (or omission) resulting in P's restraint or confinement, P is
confined to bounded area, intent & causation.
Shopkeeper's Privilege - ANS✔✔ A store may detain a suspected thief if the store has
reasonable cause, detains in a reasonable manner, and reasonable in length and scope.
IIED - ANS✔✔ Extreme & outrageous conduct by D causing severe emotional distress to P. D
acted with intent or recklessness.
Trespass to Land - ANS✔✔ Physical entry to P's property, intent to enter the land, but no intent
to trespass is necessary.
Trespass to Chattel - ANS✔✔ D intentionally interferes with P's right of possession in tangible
personal property, minor interference or damage.
Damages: P can recover cost of repair or rental value of chattel.
Conversion - ANS✔✔ D intentionally interferes with P's right of possession in tangible property,
interference must be significant or damage justifies paying chattel's full value.
,Damages: P can recover full market value at the time of conversion.
Consent Defense - ANS✔✔ A defense to all intentional torts, must be capable of consenting.
Defamation - ANS✔✔ A false statement concerning P, made by D to at least one person other
than P, that is harmful to P's reputation.
Defamation (Public Figures) - ANS✔✔ Defamation: False, Statement, Concerning P, Publication,
& Harm to Reputation.
Fault- there must be actual malice
Falsity- must prove falsity.
Appropriation - ANS✔✔ Unauthorized use of P's name or likeness for commercial purposes.
False Light - ANS✔✔ Widespread publication of a falsehood or material misrepresentation
about P that would be highly offensive to a reasonable person.
Intrusion Upon Seclusion - ANS✔✔ Reasonable Exp. of Privacy + Intrusion
Intrusion upon P's private affairs in a manner that would be highly offensive to a reasonable
person.
Disclosure - ANS✔✔ Highly Offensive + Publicized
Public disclosure of P's private information.
, Misrepresentation - ANS✔✔ D misrepresents a past or present material fact, D knows or
believes the misrepresentation is false, D intends to induce P, P actually and justifiably relies,
and P suffers monetary loss.
Intentional Interference w/ Business Relations (or Tortious Interference with Contract) - ANS✔✔
P has a valid contractual relationship, D has knowledge of it, D intentionally interferes, the
interference causes breach or termination, P suffers damages.
False Imprisonment - ANS✔✔ The unlawful confinement of a person without their consent.
Kidnapping - ANS✔✔ Unlawful confinement of person that involves movement or concealment
of the victim.
Murder - ANS✔✔ Unlawful killing of another human with malice aforethought.
Malice Aforethought - ANS✔✔ Intent to kill
Intent to inflict grave bodily injury
Depraved / malignant heart (reckless indifference)
Felony murder
Felony Murder Crimes - ANS✔✔ BAARK
Burglary
Arson
Assault
Robbery
Kidnapping
