MBE BAR EXAM MNEMONICS WITH
COMPLETE SOLUTIONS
ISSUE PRECLUSION (COLLATERAL ESTOPPEL) - ANS-(AS IF)
ACTUAL party to Previous case
SAME issue.
ISSUE essential to the judgment
FINAL judgment on the merits
CLAIM PRECLUSION (RES JUDICATA) - ANS-(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 - ANS-(MEND)
*Can be made up to 1 year from entry of judgment
MERIT
EQUITY
NEW Facts
DUE Diligence
FRCP 22 Interpleader - ANS-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 - ANS-Only one claimant must be diverse
from one other & $500 in issue.
Past Recollection Recorded/Recorded Recollection - ANS-(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 - ANS-(DICE)
DAMAGES in form of severe emotional distress
INTENT or recklessness
CAUSATION
EXTREME or outrageous conduct
3 Elements of something that is inherently dangerous - ANS-(SUC)ks
Exs: bomb material, dynamite
SEVERE risk of harm
UNCOMMON in the community
CANNOT be made safe
False Imprisonment Elements - ANS-IN A CRIB
INTENTIONAL
NO reasonable means of escape
ACT to
CONFINE
RESTRAIN
INTENT for party to be
BOUND
Products liability elements - ANS-(DADS need properly working grills)
-producing or selling DEFECTIVE products
-ACTUAL and proximate cause
-DAMAGES
-commercial SUPPLIER
Larceny - ANS-Trespassory Taking and
Carrying away the
Property of another with the
Intent to permanently deprive
, Slander per se damages presumed - ANS-LUMP
L oathsome disease
U nchaste (imputes a women's chastity)
M oral turpitude
P rofessional reputation or business
Intentional Misrepresentation - ANS-(MR DISC lied about being a good deejay)
affirmative MISREPRESENTATION
justifiable RELIANCE
DAMAGES
INTENT
SCIENTER
CAUSATION
Interference with business relations - ANS-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
Ways to escape statute of frauds - ANS-dUWAP
UNIQUE product
WRITTEN confirmation by a merchant w/in 10 days of receipt (confirmatory memo)
ADMISSION in pleading or in court
PERFORMANCE
Contracts that are within SoF - ANS-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
Covenants in a general warranty deed - ANS-SEC FEW
Present covenants: (only breached at time of delivery/conveyance)
S eisin
COMPLETE SOLUTIONS
ISSUE PRECLUSION (COLLATERAL ESTOPPEL) - ANS-(AS IF)
ACTUAL party to Previous case
SAME issue.
ISSUE essential to the judgment
FINAL judgment on the merits
CLAIM PRECLUSION (RES JUDICATA) - ANS-(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 - ANS-(MEND)
*Can be made up to 1 year from entry of judgment
MERIT
EQUITY
NEW Facts
DUE Diligence
FRCP 22 Interpleader - ANS-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 - ANS-Only one claimant must be diverse
from one other & $500 in issue.
Past Recollection Recorded/Recorded Recollection - ANS-(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 - ANS-(DICE)
DAMAGES in form of severe emotional distress
INTENT or recklessness
CAUSATION
EXTREME or outrageous conduct
3 Elements of something that is inherently dangerous - ANS-(SUC)ks
Exs: bomb material, dynamite
SEVERE risk of harm
UNCOMMON in the community
CANNOT be made safe
False Imprisonment Elements - ANS-IN A CRIB
INTENTIONAL
NO reasonable means of escape
ACT to
CONFINE
RESTRAIN
INTENT for party to be
BOUND
Products liability elements - ANS-(DADS need properly working grills)
-producing or selling DEFECTIVE products
-ACTUAL and proximate cause
-DAMAGES
-commercial SUPPLIER
Larceny - ANS-Trespassory Taking and
Carrying away the
Property of another with the
Intent to permanently deprive
, Slander per se damages presumed - ANS-LUMP
L oathsome disease
U nchaste (imputes a women's chastity)
M oral turpitude
P rofessional reputation or business
Intentional Misrepresentation - ANS-(MR DISC lied about being a good deejay)
affirmative MISREPRESENTATION
justifiable RELIANCE
DAMAGES
INTENT
SCIENTER
CAUSATION
Interference with business relations - ANS-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
Ways to escape statute of frauds - ANS-dUWAP
UNIQUE product
WRITTEN confirmation by a merchant w/in 10 days of receipt (confirmatory memo)
ADMISSION in pleading or in court
PERFORMANCE
Contracts that are within SoF - ANS-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
Covenants in a general warranty deed - ANS-SEC FEW
Present covenants: (only breached at time of delivery/conveyance)
S eisin
