Bar exam (MBE) practice

What are the elements of negligence?

A plaintiff must show a duty of care, its breach, causation (actual and proximate) and damages.

Which three elements are needed to form a contract?

Mutual assent (offer and acceptance) plus consideration forms a contract.

Under the Statute of Frauds, which contract must generally be in writing?

Land sales are within the Statute of Frauds; the others generally are not.

Which law governs contracts for the sale of goods in most US states?

Article 2 of the Uniform Commercial Code covers the sale of goods.

Hearsay is:

This is the definition in the Federal Rules of Evidence, Rule 801.

What is the burden of proof for the prosecution in a criminal case?

Criminal guilt must be proved beyond a reasonable doubt.

"Mens rea" refers to:

Mens rea is the mental state; actus reus is the act.

Battery is:

Fear of imminent contact without contact is assault; confinement is false imprisonment.

Which is NOT usually an element of adverse possession?

Possession must be hostile, meaning without the owner's permission.

Under the mailbox rule, an acceptance sent by mail is generally effective:

At common law, a properly sent acceptance is effective on dispatch.

Under the common law mirror image rule, an acceptance that adds new terms is:

At common law, an acceptance must match the offer exactly (UCC 2-207 differs for goods).

The privilege against self-incrimination comes from which amendment?

The Fifth Amendment says no person shall be compelled to be a witness against themselves.