MBE BAR EXAM MNEMONICS QUESTIONS WITH VERIFIED ANSWER
1. ISSUE PRECLUSION (COLLATERAL ESTOPPEL): (AS IF)
ACTUAL party to Previous case
SAME issue.
ISSUE essential to the judgment
FINAL judgment on the merits
2. CLAIM PRECLUSION (RES JUDICATA): (Some People Just Make Stupid
Claims)
SAME PARTIES
(final) JUDGMENT on the
MERITS of the original claim
SAME CLAIM
3. Motion for relief from a judgment: (MEND)
*Can be made up to 1 year from entry of judgment
MERIT
EQUITY
NEW Facts
DUE Diligence
4. FRCP 22 Interpleader: Requires (1) complete diversity b/w stakeholder and all
adverse claimants and in excess of $75k in issue OR (2) federal question claim.
5. Exception: Federal Statutory Interpleader: Only one claimant must be diverse
from one other & $500 in issue.
6. Past Recollection Recorded/Recorded Recollection: (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;
,MBE BAR EXAM MNEMONICS QUESTIONS WITH VERIFIED ANSWER
PERSONAL knowledge of facts comprising the recorded recollection.
7. Elements of IIED: (DICE)
DAMAGES in form of severe emotional distress
INTENT or recklessness
CAUSATION
EXTREME or outrageous conduct
8. 3 Elements of something that is inherently dangerous: (SUC)ks
Exs: bomb material, dynamite
SEVERE risk of harm
UNCOMMON in the community
CANNOT be made safe
9. False Imprisonment Elements: IN A CRIB
INTENTIONAL
NO reasonable means of escape
ACT to
CONFINE
RESTRAIN
INTENT for party to be
BOUND
10. Products liability elements: (DADS need properly working grills)
-producing or selling DEFECTIVE products
-ACTUAL and proximate cause
-DAMAGES
-commercial SUPPLIER
11. Larceny: Trespassory Taking and
Carrying away the
Property of another with the
Intent to permanently deprive
12. Slander per se damages presumed: LUMP
L oathsome disease
, MBE BAR EXAM MNEMONICS QUESTIONS WITH VERIFIED ANSWER
U nchaste (imputes a women's chastity)
M oral turpitude
P rofessional reputation or business
13. Intentional Misrepresentation: (MR DISC lied about being a good deejay)
affirmative MISREPRESENTATION
justifiable RELIANCE
DAMAGES
INTENT
SCIENTER
CAUSATION
14. Interference with business relations: Ian Clearly Knew the Damage he'd
caused
INTENTIONAL interference by D inducing breach or termination of
CONTRACTUAL relationship with
KNOWLEDGE of the relationship
DAMAGES
15. Ways to escape statute of frauds: dUWAP
UNIQUE product
WRITTEN confirmation by a merchant w/in 10 days of receipt (confirmatory memo)
ADMISSION in pleading or in court
PERFORMANCE
16. Contracts that are within SoF: MY LEGS
M arriage
Y ear (one)
L and sale K's
E xecutors promises
G uarantees/suretyships
S ale of goods $500 or more
17. Covenants in a general warranty deed: SEC FEW
Present covenants: (only breached at time of delivery/conveyance)
S eisin
E ncumbrances
1. ISSUE PRECLUSION (COLLATERAL ESTOPPEL): (AS IF)
ACTUAL party to Previous case
SAME issue.
ISSUE essential to the judgment
FINAL judgment on the merits
2. CLAIM PRECLUSION (RES JUDICATA): (Some People Just Make Stupid
Claims)
SAME PARTIES
(final) JUDGMENT on the
MERITS of the original claim
SAME CLAIM
3. Motion for relief from a judgment: (MEND)
*Can be made up to 1 year from entry of judgment
MERIT
EQUITY
NEW Facts
DUE Diligence
4. FRCP 22 Interpleader: Requires (1) complete diversity b/w stakeholder and all
adverse claimants and in excess of $75k in issue OR (2) federal question claim.
5. Exception: Federal Statutory Interpleader: Only one claimant must be diverse
from one other & $500 in issue.
6. Past Recollection Recorded/Recorded Recollection: (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;
,MBE BAR EXAM MNEMONICS QUESTIONS WITH VERIFIED ANSWER
PERSONAL knowledge of facts comprising the recorded recollection.
7. Elements of IIED: (DICE)
DAMAGES in form of severe emotional distress
INTENT or recklessness
CAUSATION
EXTREME or outrageous conduct
8. 3 Elements of something that is inherently dangerous: (SUC)ks
Exs: bomb material, dynamite
SEVERE risk of harm
UNCOMMON in the community
CANNOT be made safe
9. False Imprisonment Elements: IN A CRIB
INTENTIONAL
NO reasonable means of escape
ACT to
CONFINE
RESTRAIN
INTENT for party to be
BOUND
10. Products liability elements: (DADS need properly working grills)
-producing or selling DEFECTIVE products
-ACTUAL and proximate cause
-DAMAGES
-commercial SUPPLIER
11. Larceny: Trespassory Taking and
Carrying away the
Property of another with the
Intent to permanently deprive
12. Slander per se damages presumed: LUMP
L oathsome disease
, MBE BAR EXAM MNEMONICS QUESTIONS WITH VERIFIED ANSWER
U nchaste (imputes a women's chastity)
M oral turpitude
P rofessional reputation or business
13. Intentional Misrepresentation: (MR DISC lied about being a good deejay)
affirmative MISREPRESENTATION
justifiable RELIANCE
DAMAGES
INTENT
SCIENTER
CAUSATION
14. Interference with business relations: Ian Clearly Knew the Damage he'd
caused
INTENTIONAL interference by D inducing breach or termination of
CONTRACTUAL relationship with
KNOWLEDGE of the relationship
DAMAGES
15. Ways to escape statute of frauds: dUWAP
UNIQUE product
WRITTEN confirmation by a merchant w/in 10 days of receipt (confirmatory memo)
ADMISSION in pleading or in court
PERFORMANCE
16. Contracts that are within SoF: MY LEGS
M arriage
Y ear (one)
L and sale K's
E xecutors promises
G uarantees/suretyships
S ale of goods $500 or more
17. Covenants in a general warranty deed: SEC FEW
Present covenants: (only breached at time of delivery/conveyance)
S eisin
E ncumbrances
