MBE BAR EXAM MNEMONICS Exam 1
with complete solutions 2024/2025
ISSUE PRECLUSION (COLLATERAL ESTOPPEL) - ANSWER- (AS IF)
ACTUAL party to Previous case
SAME issue.
ISSUE essential to the judgment
FINAL judgment on the merits
CLAIM PRECLUSION (RES JUDICATA) - ANSWER- (Some People Just Make
Stupid Claims)
SAME PARTIES
(final) JUDGMENT on the
MERITS of the original claim
SAME CLAIM
Motion for relief from a judgment - ANSWER- (MEND)
*Can be made up to 1 year from entry of judgment
MERIT
EQUITY
NEW Facts
DUE Diligence
,FRCP 22 Interpleader - ANSWER- Requires (1) complete diversity b/w stakeholder
and all adverse claimants and in excess of $75k in issue OR (2) federal question
claim.
Exception: Federal Statutory Interpleader - ANSWER- Only one claimant must be
diverse from one other & $500 in issue.
Past Recollection Recorded/Recorded Recollection - ANSWER- (Why CAMP)
The contents of a doc W previously wrote or adopted is read into evidence.
Proper foundation must be laid.
WRITTEN or adopted by W;
CONTENTS were fresh in W's memory when she wrote the document;
ACCURATE at the time it was made;
MEMORY of W is currently insufficient to testify as to the doc's contents;
PERSONAL knowledge of facts comprising the recorded recollection.
Elements of IIED - ANSWER- (DICE)
DAMAGES in form of severe emotional distress
INTENT or recklessness
CAUSATION
EXTREME or outrageous conduct
3 Elements of something that is inherently dangerous - ANSWER- (SUC)ks
Exs: bomb material, dynamite
SEVERE risk of harm
UNCOMMON in the community
CANNOT be made safe
False Imprisonment Elements - ANSWER- IN A CRIB
INTENTIONAL
NO reasonable means of escape
, ACT to
CONFINE
RESTRAIN
INTENT for party to be
BOUND
Products liability elements - ANSWER- (DADS need properly working grills)
-producing or selling DEFECTIVE products
-ACTUAL and proximate cause
-DAMAGES
-commercial SUPPLIER
Larceny - ANSWER- Trespassory Taking and
Carrying away the
Property of another with the
Intent to permanently deprive
Slander per se damages presumed - ANSWER- LUMP
L oathsome disease
U nchaste (imputes a women's chastity)
M oral turpitude
P rofessional reputation or business
Intentional Misrepresentation - ANSWER- (MR DISC lied about being a good
deejay)
affirmative MISREPRESENTATION
justifiable RELIANCE
DAMAGES
INTENT
SCIENTER
CAUSATION
Interference with business relations - ANSWER- Ian Clearly Knew the Damage
he'd caused
with complete solutions 2024/2025
ISSUE PRECLUSION (COLLATERAL ESTOPPEL) - ANSWER- (AS IF)
ACTUAL party to Previous case
SAME issue.
ISSUE essential to the judgment
FINAL judgment on the merits
CLAIM PRECLUSION (RES JUDICATA) - ANSWER- (Some People Just Make
Stupid Claims)
SAME PARTIES
(final) JUDGMENT on the
MERITS of the original claim
SAME CLAIM
Motion for relief from a judgment - ANSWER- (MEND)
*Can be made up to 1 year from entry of judgment
MERIT
EQUITY
NEW Facts
DUE Diligence
,FRCP 22 Interpleader - ANSWER- Requires (1) complete diversity b/w stakeholder
and all adverse claimants and in excess of $75k in issue OR (2) federal question
claim.
Exception: Federal Statutory Interpleader - ANSWER- Only one claimant must be
diverse from one other & $500 in issue.
Past Recollection Recorded/Recorded Recollection - ANSWER- (Why CAMP)
The contents of a doc W previously wrote or adopted is read into evidence.
Proper foundation must be laid.
WRITTEN or adopted by W;
CONTENTS were fresh in W's memory when she wrote the document;
ACCURATE at the time it was made;
MEMORY of W is currently insufficient to testify as to the doc's contents;
PERSONAL knowledge of facts comprising the recorded recollection.
Elements of IIED - ANSWER- (DICE)
DAMAGES in form of severe emotional distress
INTENT or recklessness
CAUSATION
EXTREME or outrageous conduct
3 Elements of something that is inherently dangerous - ANSWER- (SUC)ks
Exs: bomb material, dynamite
SEVERE risk of harm
UNCOMMON in the community
CANNOT be made safe
False Imprisonment Elements - ANSWER- IN A CRIB
INTENTIONAL
NO reasonable means of escape
, ACT to
CONFINE
RESTRAIN
INTENT for party to be
BOUND
Products liability elements - ANSWER- (DADS need properly working grills)
-producing or selling DEFECTIVE products
-ACTUAL and proximate cause
-DAMAGES
-commercial SUPPLIER
Larceny - ANSWER- Trespassory Taking and
Carrying away the
Property of another with the
Intent to permanently deprive
Slander per se damages presumed - ANSWER- LUMP
L oathsome disease
U nchaste (imputes a women's chastity)
M oral turpitude
P rofessional reputation or business
Intentional Misrepresentation - ANSWER- (MR DISC lied about being a good
deejay)
affirmative MISREPRESENTATION
justifiable RELIANCE
DAMAGES
INTENT
SCIENTER
CAUSATION
Interference with business relations - ANSWER- Ian Clearly Knew the Damage
he'd caused
