Bar Exam Mnemonics Practice Test 2026 – Comprehensive Preparation Guide

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In the NO AC contract framework, which element represents the agreement's promise as accepted by the other party?
Which amendment addresses the privileges and immunities of national citizenship for citizens?
Which of the following is NOT one of the four core justiciability requirements?
The First Amendment, as described, protects which of the following?
Which statement defines Battery's elements in common law?
What is the starting point for the statute of limitations for medical malpractice in the material?
How long is a Notice of Pendency effective?
What are the two requirements under Common Law Satisfactory Writing for SoF?
Which of the following is NOT listed as a fundamental right in Substantive Due Process?
In the sale of goods, when a buyer covers in good faith, how is cover damages calculated?
If a motion to dismiss is denied, by when must the defendant serve an answer?
What is the process after a Motion on Notice is decided, and what is the time limit to appeal from the order?
Adequate assurance for performance is available when
Which statement correctly defines MBE murder?
If the buyer breaches, what damages are owed?
Which of the following is NOT a requirement of collateral estoppel?
Which of the following is NOT one of the five threshold issues to decide arbitration applicability?
Under the Non-Resident Motorist Statute, how is service effected?
Which statement best describes the general rule about when acceptance must be communicated?
In NY, who bears risk of loss in a lease of goods, and what is the exception?
NY Murder 1 requires which elements?
Which statement about NY Murder 1 prerequisites is NOT true?
Arson: The arson concept suggests arson involves burning what?
Which category covers automobile searches in ESCAPIST?
Which statement is true about aggravating factors in NY murder?
Under SPARERIBS, which item is a time-based defense?
Under the Six Types Of Non-Hearsay, which example illustrates a Verbal Act?
Which of the following is an exception to the Statute of Frauds for sale of goods including goods accepted by buyer, custom-made goods, or merchants' confirmatory memos?
For exposure to a toxic substance, when does the statute of limitations begin?
Which of the following is NOT a method of proving character?
In what circumstance don't you need PJx over a matrimonial action?
Expectation damages under common law when the seller breaches are equal to
Which of the following is one of the felonies included in the felony murder rule's BARRK mnemonic?
To properly serve process on an infant in NY, who must be served?
MBE: General Intent is defined as which of the following?
Which of the following is NOT an elevating factor to 2nd Degree Burglary?
What is the legal status of unsolicited goods mailed to a recipient who did not request them?
What is the requirement for the third-party defendant after being served with a third-party complaint?
Which category includes Battery, Forcible Rape, False Imprisonment, and Kidnapping?
Which element is part of covenants that run with the land in terms of 'touch and concerns'?
In the PING mnemonic for easements, which category represents creation by necessity?
Which option is NOT an aggravating factor for NY murder?
Which statute governs Agency and Partnership in New York?
What are the two forms of process available?
In the WITH V covenant mnemonic, what is the first listed item?
Dealing with multiple assignments for consideration: which prevails?
Which term best describes actions that are considered malice?
What triggers an automatic 2-year residency for NY matrimonial actions?
Which amendment is associated with preventing states from grossly unreasonable discrimination?
NY: Intent mapping?
What is implied acceptance?
Which of the following is NOT an aggravating factor for Murder in NY?
Besides self-defense, when may a defendant use force under the MPC?
CL: Malice mapping to description?
Testimony corroborating rape must do two things:
Under the VAC framework in NY, which grouping constitutes forms of homicide?
Under New York law, which scenario describes the Rape 1 offense defined as sex by force?
Which provisional remedy provides notice of a potential lien on real property?
Which roles can be served on a NY corporation?
Grounds to oppose a Motion to Amend Pleading
In the Mississippi vs New York context, which statement is correct regarding reimbursement for intentional torts?
Implied Warranty of Merchantability requires goods to be fit for a buyer's what?
Under the Interstate Compact Clause, when must Congress approve a state agreement?
Under common law, does substantial performance suffice?
Which concept allows an organization to sue on behalf of its members to challenge a statute?
Delegation of Duties: What is the general rule regarding delegation without consent?
Which offense is included in the Robbery Run categories (WHEAT RUM) as a distinct category?
How is tolling calculated for insanity?
To apply the Fourth Amendment, which of the following is required?
What are the two requirements to commence a case?
Which factor is considered after the general rule when determining risk of loss for goods delivered by common carrier?
In the DOWNFFALL framework, which item represents non-joinder of a necessary party?
Which contract does not require a writing under the Statute of Frauds?
When may a defendant file a third-party complaint in impleader?
Under New York law, which scenario represents Rape 1 when the victim is under 11?
Which amendments address enumerated rights not listed and reserve powers to the states?
Under common law, what is the effect if an acceptance changes a term?
In hearsay, an out-of-court statement is NOT offered for its truth when it is offered to show the declarant's capacity to observe, recall, or relate information?
Which amendment prohibits voting on the basis of race?
Which of the following is a required element of a quasi-contract?
Which is a negative easement under the LASS mnemonic?
If the buyer keeps non-conforming goods, which damages measure applies?
Which statement correctly describes the accrual point for personal injury actions in non-medical contexts?
Rescission and modification of a 3rd-party beneficiary contract: Who can rescind or modify until the TPB's rights vest?
Under the 'PIT' framework, which standard is used to evaluate a statute's constitutionality when the government asserts a legitimate public interest?
Under amendment by right, when does a party have one opportunity to amend?
In NY, the necessity defense requires the belief to be what?
Which doctrine describes a non-justiciable barrier when a case involves a non-justiciable political question?
Which defense asserts a party lacked the mental capacity to understand the nature of the contract at formation?
Which term refers to acting beyond the authority of the party?
Under the fruit of the poisonous tree doctrine, which is an exception recognized for police actions?
Which factor is described as a serial murder aggravating factor in NY law?
In New York, which statement about receipt of stolen property is true?
Which item is NOT one of the four things needed to file for a matrimonial action?
How does π get a Preliminary Injunction and what 3 things must it allege?
Which article addresses torts within the Civil Practice Law and Rules?
What is the name of the offense involving taking a relative under 16 from lawful custodian with intent to hold for a protracted period?
In a contract with an intended third-party beneficiary, who is liable if the promisor breaches?
The Enabling Clause is associated with which amendment?
Which set lists the felonies included in the Felony Murder Rule under the BARRK mnemonic?
Which doctrine holds that certain issues are non-justiciable because they are political in nature?
MBE murder is defined as which of the following?
Which article covers secured transactions under the Uniform Commercial Code?
Under common law, does conspiracy require two guilty minds?
If a party reasonably doubts performance and the other party fails to provide adequate assurance, the requesting party may treat this as
Which term is captured by the D in the Deeds Need Simple Words mnemonic?
Under New York law, which statement best describes an offense involving a person incapable of consent (not due to age)?
Under which clause is federal law supreme over state law when there is a conflict?
Under constructive possession, which is true?
COILED: Which item is represented by E in COILED?
Which mental state is associated with recklessness in homicide-related offenses?
The Establishment Clause protects which freedom?
Under the MPC, when can the initial aggressor use deadly force?
COILED: Which duty is represented by the first 'C' in COILED?
In the Deeds Need Simple Words mnemonic, which element corresponds to Description of property?
A third-party impleader is used when:
What is a Requirements Contract?
Under which circumstance can a plaintiff obtain a 6-month continuance on the SoL?
Which of the following is NOT a Real Property statute?
How many jurors must agree?
Which elements constitute an offer under contract law?
Under the FIDO categories, which statement about fighting words is true?
What is the minimum number of witnesses required for a valid will?
Which of the following is an enumerated power to coin money?
Which term refers to non-binding opinions sought by the judiciary and not binding on courts?
To obtain Long-Arm Jurisdiction in a Matrimonial Action, the plaintiff must be a resident, and which additional condition may apply?
For a Motion on Notice, when is the motion considered served?
Specific performance is an equitable remedy. Which of the following is true?
On which days can process be served?
In MBE terminology, which mental state is defined as general awareness of the crime's factors without requiring the specific result?
Which action allows a landowner to reclaim land wrongfully withheld by another?
What is the rule for revocation of an offer?
Under New York law, non-deadly force to resist an unlawful arrest is permitted when which condition occurs?
Express warranties in the sale of goods require the seller to be liable if the warranty was what?
Tolled SoL for a plaintiff’s infancy: which statement is correct?
Which event terminates an offer due to the death of either party before acceptance?
In self-defense, deadly force may be used only when...
Which statement about larceny and claim of right is accurate?
If the buyer keeps non-conforming goods, how is loss in value measured?
Which statement best defines Malice in criminal law?
In NY, what is the required form of service to the NY Secretary of State when serving a corporation by mail?
In the context of an attempt, the 'Dangerous Proximity' standard requires the defendant to be in what relation to completing the crime?
Which amendment prohibits a citizen of one state from suing another state in federal court without the consent of the state being sued?
If a plaintiff is a non-resident of New York and the out-of-state action arose, how is the statute of limitations determined?
Which term describes a promise that imposes no real obligation and lacks consideration?
In RAMPS standing criteria, which item is NOT part of the requirements?
Which statute governs corporations in New York?
What is the Purpose of a Motion for Summary Judgment?
Which scenario is an LAID exception to good faith reliance?
Which statement best describes the correct interpretation of strict scrutiny?
What is the rule for when a party moves for Summary Judgment, and what are the two exceptions?
Under the 15th Amendment, who cannot be prohibited from voting on basis of race?
Which clause empowers Congress to prohibit private racial discrimination via interstate commerce?
Which is a termination of an offer due to a supervening illegality?
If the buyer does not cover in good faith or at all, which damages apply?
What is the name of the New York statute governing wills?
Which amendment is commonly associated with the five freedoms collectively known as RAPPS?
What must an initial aggressor do to regain the right to use deadly force in self-defense under the MPC?
Under the ESCAPIST framework for warrantless searches, which category corresponds to the Plainview exception?
Under joint-n-severable liability, which statement is true?
What does the Substantive Due Process Clause require courts to review?
If the buyer breaches, damages are measured to put the seller in the position of the contract's expected profit
Procedural Due Process is described as requiring a fair hearing before deprivation of life, liberty, or property, and is associated with which amendment in the material?
Collateral estoppel applies to prevent re-litigation of what kind of issues?
Time-Barred Debt: what makes it enforceable despite lack of consideration?
Accessory After the Fact: what describes the offense?
Under UCC Article 2, which two elements must a writing contain to satisfy the Statute of Frauds?
Under common law, if an offeree's acceptance changes a term of the offer, what is the result according to the mirror image rule?
Which amendment protects against self-incrimination and double jeopardy?
Under what condition can a seller cure an imperfect tender?
Which statute governs Domestic Relations in New York?
Which amendment abolished slavery in the United States?
Under New York law, the duress defense can be used to negate a homicide charge.
What does 'ripeness' mean in federal court doctrine?
What is a release?
Which is a valid basis to choose venue in NY?
For a will to be admissible to probate in New York, which factor is essential?
When a plaintiff is a non-resident of New York and the action arose in another state, which statute of limitations applies?
Which statement best describes restitution?
Promissory Estoppel requires to make a promise enforceable without consideration?
Which statement best describes when res judicata applies to claims against a defendant?
Which constitutional principle establishes that federal law prevails over conflicting state laws?
What are the three requirements for collateral estoppel?
What is required for Assignment of Rights in a K?
What is the general purpose of provisional remedies?
Which is an aggravating factor that can heighten a murder charge?
Under the 15th Amendment, which actor cannot prohibit voting on the basis of race?
Which element makes custodial interference a felony?
Which of the following is NOT a provisional remedy type?
In the Contracts And Sales Essay Test Approach, what does the 'P' stand for?
Under the general rule in a sale of goods, who bears the risk of loss when there is a breach?
What is a TRO and when can π get one?
For a will to be admissible to probate in New York, which factor is cited?
In negligence, which element concerns the causal link between the defendant's breach and the plaintiff's injuries?
Under the seller's damages, when reselling in good faith, how are resale damages calculated?
Which is a type of monetary damages?
In the PARTI requirements for creating a trust, which element refers to the people or beneficiaries who can enforce the trust?
Which term describes a penalty clause that is generally unenforceable?
What is the general rule of incapacity defense?
Under New York law, murder occurs when a person with intent to cause death of another causes the death of such a person or a third party.
Under which body of law is a requirements contract acceptable?
Which statement about attachment is true?
Under New York law, which scenario constitutes Rape 2?
In the DOPSS basis for personal jurisdiction, what does the first 'S' stand for?
What does the Wharton Rule state about conspiracy?
In what circumstance is a Notice of Pendency required?
Which clause authorizes Congress to prohibit private racial discrimination via interstate commerce?
Which example is a time, place, and manner restriction?
Which element of adverse possession requires the possession to be open and notorious?
Which of the following is listed as an exception to a minor's capacity to contract?
Which combination lists all four exceptions to the Statute of Frauds under SWAP?
In incapacity cases, the incapacitated party is liable for the reasonable value of what?
Which form of standing allows a party to sue on behalf of a member who cannot sue themselves?
Under the risk of loss rules, which scenario describes a risk assignment when the seller is a non-merchant?
Implied Warranty of Fitness for a Particular Purpose arises when?
Under the Year & Day Rule, what time frame applies to MBE murder?
The Substantive Due Process Clause described as requiring court to review the substance of federal law rather than the procedure is part of which amendment?
Which amendment established the federal income tax?
Which statement defines Assault 2?
Which item addresses misrepresentation or nondisclosure of a material fact in MEAN PLUM?
Under vicarious liability principles, which relationship is described as the parent-child agency arrangement?
Defense to felony murder requires the defendant not be the actual cause of death, not have a deadly weapon, and have no reason to believe co-felons had deadly weapons. Which statement is NOT an element?
Which amendment guards against unreasonable searches and seizures?
Which of the following actions by the court qualifies as an exception to the rule that a summary judgment motion cannot be brought before the defendant answers?
What is a Temporary Receivership?
NY murder is defined as which of the following?
Under the MPC, voluntary intoxication is a defense to which type of crimes?
Which option does NOT describe a non-hearsay use under I C SOM LACE?
Which term in the adverse possession framework is described as Notorious?
What is the 'Substantial Step' test associated with attempt?
What is the time limitation for amending a pleading as of right?
What does the Eleventh Amendment prevent?
Who bears the risk of loss generally in a sale of goods?
Aside from Self-Defense, when can you use force?
The Establishment Clause protects freedom of which?
Which statement about substantial performance is correct?
Which element must be present for a disclaimer of the implied warranty of merchantability to be valid?
Under NY law, which statement accurately describes illegal possession of a firearm?
Which offense is named at the end of the notes under Sexual Offenses?
Which of the following is NOT a MIMIC Plus non-propensity purpose?
Partial payment of undisputed debt: which is true?
Under the seller's damages, if the seller does not resell in good faith or does not resell, which formula applies?
In contract law, which statement is true regarding impossibility as an excuse for performance?
In the Arson context, which term is defined as the intentional burning of property?
Bodily integrity matters under substantive due process include which of the following?
Which option describes valid service on a New York corporation?
Who can an obligee sue in a 3rd Party K?
Under the statute of frauds, which element is not required for a land contract to be enforceable?
Which of the following is not one of the three parts of a Motion on Notice?
Who appoints a Temporary Receiver?
Entrustment: An owner who entrusts goods to a merchant who deals in those goods has no rights against a BFP. Who has no rights?
Which statement about NY false imprisonment is true?
In the C-ELVIS framework, which purpose corresponds to the letter E?
Under a summons with notice, what action may be taken if the plaintiff does not serve the complaint within 20 days?
Which degree of criminal mischief covers intentional or reckless damage of $250 or more?
What is the required mens rea for solicitation?
Res Judicata means...
What is the process after a Motion on Notice is decided? What is the time limit for appealing the order?
What is a Temporary Receivership?
In MIMIC Plus, which item is listed as part of the PLUS portion representing a non-propensity purpose?
In interpreting contract terms based on conduct of the parties, which factor is third in order of importance?
Which article of the CPLR covers torts?
Tolled SoL for absent: which statement best describes the exception related to personal jurisdiction?
Which liability category corresponds to "Properly payable" in the instrument liability framework?
No-fault insurance in New York is governed by which statute?
Under CREATES DICE, which item corresponds to the power over elections?
Which constitutional provision is commonly invoked to strike down state laws that burden interstate commerce?
Under the MPC, when may a person resist arrest with non-deadly force?
The Sixth Amendment includes which protections?
The prohibition on cruel and unusual punishment is found in which amendment?
Which clause authorizes Congress to enact all laws necessary and proper for executing any power granted to any branch of the federal government?
How does an Ex Parte motion differ from a Motion on Notice?
Which standard of review requires a compelling government interest?
Which of the following best describes the Statutory (20-year) period element for adverse possession?
How to obtain a jury trial?
Which events terminate an offer?
Which terms are required to be definite and certain to form a contract, commonly remembered as IPSQUD?
In the BRAKES acronym, which term corresponds to the letter E?
Which is NOT a method of serving process on a Person?
What are the 5 steps needed to obtain a TRO?
What is the essential definition of false imprisonment in the notes?
Which type of assumption of risk involves an express agreement to waive liability?
Under the Statute of Frauds, which contract requires a writing?
Which scenario best illustrates a valid example of forbearance as consideration?
The MILD police power refers to which areas of congressional authority?
Which term corresponds to Express in the mnemonic PINEE for creating an easement?
Which of the following is NOT one of the four situations in which CPLR Article 16 does not apply?
In the 3S mnemonic for Fourth Amendment applicability, what does the second 'S' represent?
Under common law, a writing satisfying the Statute of Frauds must include which two elements?
Which is a warrant exception to the probable cause requirement?
Which of the following is NOT a T-Sub item?
Which of the following is a factor for proper venue in civil actions?
What is the effect of unsolicited goods?
What is the insanity defense requirement?
Which categories are protected classes subject to strict scrutiny?
In the MAP GO FAP mnemonic, which item corresponds to the initial step involving counsel?
What is the statute of limitations for indemnity and contribution claims?
Venue in NY for a case involving real property is located in which county?
Which of the following is an aggravating factor for Murder in NY?
Under NY law, into which court does a person under 13 fall?
Under the possession rule, what is required to establish possession?
Collateral estoppel: which statement is true?
Which is a required element of standing?
Under the Wharton Rule, which statement is correct?
In the IRA due process balancing test, which factor is considered?
Education for illegal alien children is categorized as which type of class?
Which amendment addresses the election of the President and Vice President by the Electoral College with separate ballots?
Under installment contracts, when may a buyer reject?
Who can invoke the Dormant Commerce Clause?
In settlements among multiple tortfeasors, how is a judgment against a non-settling tortfeasor adjusted?
Which statement best defines solicitation?
In the personal jurisdiction framework, which subfactor considers the state's interest?
Which is one of the four exceptions to the Parol Evidence Rule?
What are the three parts of a Motion on Notice?
Which statement describes the 'Publish' step in executing a will?
Which condition supports federal preemption over state law due to a comprehensive federal scheme?
Which statement about Purchase Money Security Interests (PMSI) is true?
Which is a SPARERIBS ground for dismissal related to the timing of a claim?
Which term describes 'intentionally or with recklessness disregard a known risk'?
In a DOWNFFALL motion to dismiss, which ground concerns an action filed between the same parties in different proceedings?
Which constitutional provision authorizes Congress to prohibit private racial discrimination via interstate commerce?
Rescission requires what?
Under NY Larceny Rules, which offenses are categorized as Larceny?
An inchoate crime among the listed options is which of the following?
Which statute addresses wrongful death in New York?
According to the M'Naughten standard, insanity depends on whether the defendant knew the act was wrong.
Which of the following is a category of fundamental rights under substantive due process?
Which statement best identifies the '3rd Party' in a third-party beneficiary contract?
Which amendment is associated with protecting voting rights and prohibiting race-based restrictions by government?
Six ways an Offer can terminate. Which of the following is NOT one of them?
Under New York law, a release may be enforceable without consideration if it is
Which residency scenario triggers automatic eligibility for a matrimonial action after 2+ years of NY residency?
If a plaintiff dies, how long can her duly appointed representative sue on her behalf?
An unpaid seller's right to reclaim goods is available only if
Is withdrawal a defense to conspiracy?
Name of statute for Worker's Compensation?
According to the infancy rule described in the material, under which age is there no prosecution?
Tolled SoL for π's insanity: which statement is accurate?
What is an Order to Seize Chattel?
Which item is a LOG PITS asset?
Which statute is the NY statute for corporations?
What constitutes Misdemeanor Custodial Interference in New York?
Which of the following is NOT a provisional remedy?
An implied warranty disclaimer can be made by stating as is.
Which is a requirement for an easement by prescription?
Which of the following constitutes a breach?
Which statement correctly states the general statute of limitations for medical malpractice and its exceptions?
In the MRS BAKER mnemonic, the letter E stands for which offense?
For Manslaughter 1 in NY, which option is listed as a possible mens rea?
In the context of a Motion on Notice, what is the return date?
Under New York law, which scenario typically constitutes Vehicular Homicide?
What is the method to amend pleadings other than as of right?
Under the Lemon test, which element requires the law to have a secular purpose?
Which statement describes a classic example of strict liability crimes?
Which item is NOT a ground typically cited under BCE for vacating an arbitration award?
Indemnity is commonly applicable in which scenario?
In the LASS mnemonic for negative easements, which term corresponds to the 'S'?
Which of the following is NOT a real defense that will be successful against a Holder in Due Course?
SEMI III D3 C: Which is a defense listed in SEMI III D3 C?
Acceptance by silence under typical contract rules is not acceptance, but which conditions can make silence constitute acceptance?
What is the definition of NY Vehicular Homicide?
Under NY law, Rape 3 applies when the victim is under 17 and the defendant is 21 or older.
What is a novation?
In what 2 situations will a Preliminary Injunction be given?
For a buyer in a sale of goods, which damages measure applies when the buyer covers in good faith?
A later assignee for consideration may prevail if what condition exists?
Which factors are considered in the due process balancing test as articulated in Mathews v. Eldridge?
In New York, a written release is enforceable without consideration?
Which amendment is associated with prohibiting involuntary servitude?
Which category is listed as a rational basis example?
Under NY practice, when is a party generally barred from moving for summary judgment before the defendant answers?
Which of the following is a dying declaration among the hearsay exceptions listed?
Which term refers to government restrictions on speech before it occurs?
Under Article 2, an acceptance that changes a term is valid only if all of the following apply. Which option correctly identifies the applicable condition set?
In the STEAK transfer warranties mnemonic, what does the letter A indicate?
When is an acceptance effective under the mailbox rule?
Under the Establishment Clause, which is a required secular purpose for government action involving religion?
Under the medical malpractice SOL, the foreign object rule states that discovery occurs as:
Fundamental Privacy CAMPER: which right is recognized as a fundamental privacy interest?
Regarding advertisements, which statement is generally true?
What is an Order to Show Cause?
Which statement best describes an express warranty?
Which statute governs contracts for sales of goods in New York?
Which of the following is a provisional remedy that involves a court order for seizure of a chattel?
Exceptions to Good Faith Reliance: Which is an exception to good faith reliance under LAID?
Specific Performance: when is it unavailable?
Which best describes the fundamental characteristic of embezzlement?
What can be consideration?
Which statement best defines recklessness in New York law?
To obtain a Preliminary Injunction, which of the following is NOT required in the affidavit of support?
In the MRS BAKER mnemonic, the letter B corresponds to which crime?
For the seller, when is the contract price the proper measure of damages because the goods cannot reasonably be resold?
Which statute governs No-Fault Insurance in New York?
Under which clause are states required to recognize the judicial decisions of other states?
In the standing doctrine, what is the meaning of redressable?
The no-fault regime in New York is contained in which law?
Under common law expectation damages, if the seller breaches, what damages does the buyer recover?
In New York, is legal impossibility a defense to conspiracy?
Under the MPC, non-deadly force to prevent a crime is permissible for which scope of offenses?
The Necessary and Proper Clause authorizes Congress to enact all laws ...?
Which statement best describes an option contract?
Which provision of the 14th Amendment gives Congress the power to enforce its protections?
Where is the signature placed on a duly executed will?
Under the Year & Day Rule, what is true about death rules?
Under the Statute of Frauds for sale of goods, which document can satisfy the writing requirement between merchants if not objected within 10 days?
Which is a valid defense to false imprisonment involving detaining for investigation?
The Doctrine of Sovereign Immunity prohibits suits against state government in which courts?
Under NY law, voluntary intoxication is a defense to which crimes?
Restitution is best described as addressing which issue?
What is the entrapment defense requirement?
In sale of goods, what are resale damages measured by?
The amendment that prohibits quartering soldiers is which?
Which statement best defines kidnapping?
Which statement best describes the five long-arm bases for NY jurisdiction?
Which amendment prohibits poll taxes in federal elections?
In adverse possession, which element refers to possession continuing without interruptions?
In a personal injury action against an architect or engineer arising more than 10 years after building completion, what must the plaintiff do before suing?
What qualifies as an 'Overt Act' in conspiracy?
What is a valid method to serve process on a mentally-incapacitated individual?
What describes General Intent?
Which statement correctly characterizes Murder 2 in NY?
What is the exception to res judicata described?
In a contract for the sale of goods with an open price term, the court will
What does the Full Faith & Credit Clause require regarding recognition of other states’ judicial decisions?
What is an Order to Show Cause?
Which of the following is NOT part of the BRAKES list of felon murder offenses?
Which remedy is a monetary damages remedy for imperfect goods?
Which statute governs Wills in New York?
If a motion to dismiss is denied, the party must respond by filing an answer within how many days?
Which of the following are protected classes under strict scrutiny?
Which statute addresses non-resident motorists?
Which provision prohibits punishing individuals without a judicial trial?
Which statute governs workers' compensation in New York?
Which of the following is the complete set of PER exceptions under the 'DAM FOIL' mnemonic?
Which term describes the Miranda exception allowing questioning when there is a public safety concern?
Which type of impossibility is a defense to conspiracy?
Under the mirror image rule, what happens if the offeree proposes a modification to the offer terms?
Which form of standing refers to representing a group in court?
Which offense is listed as a Specific Intent Crime against the Person?
When a plaintiff is a New York resident at the time an out-of-state action arose, which SOL applies?
GOL stands for which New York statute?
Which items are covered by the Statute of Frauds under the MY LEGS mnemonic?
Which item is not a basis for personal jurisdiction over a defendant?
Which statement best defines negligence?
Which amendment prohibits denying the right to vote based on race or color?
Which groups lack capacity to contract?
Under tolled SoL for an absent defendant, which statement is correct?
Which defense to intentional torts involves voluntary agreement to allow the invasion of rights?
Tolled SoL for π's infancy: which statement is accurate?
Which clause prohibits discrimination against non-residents and is tied to state treatment of outsiders?
What is the statute of limitations for negligence-based products liability?
Which option reflects the Miranda public safety exception addressing questions asked to ensure public safety?
Which scenario constitutes 1st Degree Burglary under NY law?
The Fourth Amendment protects against unreasonable searches and seizures. Which statement best describes its warrant requirement?
The Privileges of Citizenship, as described in the 14th Amendment, requires states to grant citizens what?
What is the minimum age to write a valid will?
The acronym CRI in standing stands for which trio of elements?
Which of the following is a listed defense related to mental state?
Which clause requires states to recognize judicial decisions from other states?
The three methods of proving character are known by the acronym ROCs. What does the letter R stand for?
Inchoate Crimes include which offenses?
Who can rescind or modify a contract involving a third-party beneficiary before vesting?
What is the deadline to answer when service is by personal delivery in New York?
Under New York law, which scenario matches Rape 1 involving sex with a person who is physically helpless?
What is the time limit for making a motion for summary judgment?
In common law, past consideration is generally:
Voluntary manslaughter provocation concept: which statement best describes the provocation requirement?
Which right is a fundamental privacy right under CAMPER?
How many jurors are on a civil jury, and how many must agree?
Which statement is true regarding personal injury limitations and suits against architects or engineers?
Which ground is described as very rare for vacating an arbitration award?
What power does Section 5 of the 14th Amendment grant Congress?
Which statement best defines consideration in contract law?
What are the impeachment requirements?
The 11th Amendment primarily limits which court from hearing certain claims against states?
In constructive possession analysis, which factor is NOT listed as a consideration for CDS possession?
Which amendment grants residents of Washington, D.C., the right to vote for President?
In impeachment proceedings, what vote is required in the Senate to convict and remove?
Which term refers to 'a desire to achieve a specific result'?
What does the due process test for jurisdiction require?
What is the definition of mootness in federal court?
The VCR acronym describes the three elements required for attachment. Which option lists all three elements?
In the acronym DISMAL, which item indicates a void marriage?
When is a rejection of an offer effective under common law?
Which amendment repealed Prohibition?
Which factor is NOT listed as part of the 1-2 years residency category for NY matrimonial actions?
Which of the following is part of the process for securing an Order to Seize Chattel?
Which is an element of second-degree murder as described in the material?
Under secured transactions, which party generally has priority over a lien creditor when there is a perfected and attached creditor?
Which ground is specifically associated with improper execution of a will?
Which of the following is a common law felony used for impeachment by prior conviction?
Which statute governs criminal procedure in New York?
Which acronym is used to remember self-authenticating document categories?
Mortgages in New York are associated with which statute?
What is the Statute of Limitations period for Strict Liability of Products?
What is a requirements contract?
Which set of statements correctly lists prerequisites to obtain specific performance?
Under UCC Article 2, when can an acceptance that changes a term be valid?
Which element is associated with the standing test as necessary for redressability?
Which of the following is an exception to the mailbox rule as to when acceptance is effective?
After a Motion on Notice is decided, what must the prevailing party do?
Which is NOT a remedy for a buyer when a seller delivers imperfect goods?
What is the minimum age to execute a will according to the material?
The DISMAL mnemonic relates to issues in which area of law?
Which two conditions are required for an easement by necessity?
Arson: According to the arson concept, arson involves burning what type of property?
In the mnemonic Deeds Need Simple Words, what does the letter W represent?
Impossibility of a contract may be excused in the presence of which factor?
Which factor, in addition to taking a child from a lawful custodian, converts Custodial Interference to a felony under New York law?
Which is a recognized exclusionary rule exception listed under NIP BUG?
Which remedy compels performance of an act required by law and applies to corporations?
To what extent must the term 'merchantability' appear in a disclaimer of an implied warranty of merchantability?
After a Motion on Notice decision, the prevailing party must do which of the following?
What is the statute of limitations for municipal tort liability and the related notice requirement?
What is the deadline to serve process after filing?
In the MRS BAKER mnemonic, the letter K stands for which offense?
Implied affirmation occurs when the incapacitated party retains the benefit after gaining capacity.
If ∆ was in NY when CoA accrued but left for more than 4 months continuously, how is the SoL tolled?
In the sale of goods, if the buyer does not cover in good faith or at all, damages are measured by which formula?
Which of the following is a situation in which an Order to Show Cause may be filed?
When can a seller cure an imperfect tender?
Accord and satisfaction describes what?
When does the personal injury statute of limitations generally accrue?
The Substantial Capacity Test is used by which jurisdiction?
A release in contract law is best described as
Which sequence lists the five steps to obtain a TRO?
Under NY Retreat Rule, when may a person use deadly force?
Which factor is listed as a ground for impossibility of performance?
Which is a factor that makes performance impossible due to destruction?
What is the definition of voluntary manslaughter?
Which statement is NOT a means by which rape is accomplished under the MBE definition?
Which statute governs secured commercial paper?
NY: Knowledge mapping?
Under impossibility, if the destroyed or damaged goods were not specifically identified to the contract, the seller is
Under common law, what can constitute acceptance of an offer?
Which of the following is a required element for voluntary manslaughter?
NY: Intent is defined as which of the following?
In the DOPSS basis for personal jurisdiction, what does the second 'S' stand for?
A non-settling tortfeasor's judgment is reduced by which amount?
Separation (2 year) under grounds for divorce requires what duration of separation to be no fault?
Which factor most strongly supports state law preemption by favoring uniform regulation?
Which describes the avoidable damages concept?
What is the purpose of a preliminary hearing?
Under Miller's obscenity test, which factor is described as offensive sexual conduct depicted?
How is tolling defined for plaintiffs who are minors?
What is a release?
Name the clause that resolves conflicts by giving priority to federal law.
Under the MPC, which statement best describes the effect of reasonable mistake?
Which term is NOT one of the three S’s for the Fourth Amendment applicability in the provided mnemonic?
Which remedy challenges the results of a trial-type hearing by an administrative agency to see if the results are supported by substantial evidence?
How is rape defined on the MBE-style notes?
Which statement accurately describes NY assault degrees?
Which is an exception to the Statute of Frauds rules?
Under the residency rules for matrimonial actions, which scenario constitutes 0 years of residency?
Which method creates an easement by grant?
In the Never Heed Legal Drive approach to negotiable instruments, what is the first question to ask?
CUT stands for Creation, Use, Termination. Which is NOT part of CUT?
Which statement is true about Non-Compete Restrictive Covenants in this material?
How to serve process on a mentally-incapacitated plaintiff (2)?
What is the required mental state for false imprisonment in common law?
Which of the following is a valid method of serving process on a person?
Which action is explicitly excluded from long-arm jurisdiction in New York?
Which statute covers Leases in New York?
Which letter in the acronym FIDO stands for 'Fighting words'?
Which action is listed as a termination method for easements in the mnemonic?
Which item is listed as an express enumerated power of Congress in the mnemonic?
The abbreviation DRL stands for which New York statute?
For indemnity and contribution claims, what is the statute of limitations and from what event does it run?
Under NY law, Rape 2 requires the victim to be under 15 and the defendant to be 18 or older.
Public Welfare offenses and Statutory Rape are typically classified as which type of crime?
Which scenarios create irrevocable offers under common law?
Under the Uniform Commercial Code, which article governs secured commercial paper?
Which of the following is listed as one of the three crimes that constitute Manslaughter in the Second Degree in NY?
Which of the following best describes a withdrawal defense in New York law?
To trigger the applicability of the Fourth Amendment, which trio must be present?
Which statute governs criminal procedure in New York?
Under ENDCRAMP, which item describes destruction of the servient land terminating an easement?
Who can serve process in New York? and Outside NY?
What will invalidate a Requirements Contract?
Fruit of the Poisonous Tree Exceptions: Which is an exception to the fruit of the poisonous tree doctrine?
Which statement best describes a standard limitation for non-compete restrictive covenants?
Which amendment contains the Substantive Due Process protections discussed?
Which is the contract category that covers all other contracts (not sales of goods)?
Which amendment sets forth the presidential line of succession and procedures for presidential disability?
Under Pinkerton, a defendant is liable for all other foreseeable crimes committed in furtherance of the objective. Which option best captures this rule?
Attachment may be used in which scenario?
Under the UCC, which items qualify as goods for a sale contract?
Under the Pinkerton Rule, which statement is correct?
Dealing with multiple assignments: which assignee prevails among gratuitous assignments?
What is the definition of consideration?
Which statement correctly describes a tolling rule for infancy in non-medical actions?
Under New York law, which statement is true about impossibility as a defense to conspiracy?
Which of the following is NOT one of the three crimes that constitute Manslaughter in the First Degree in NY?
A civil party has a right to trial by jury for which action?
Under the statute of frauds, which element is required for a land contract to be enforceable?
In the Lemon test mnemonic, the 'P' stands for which concept?
After settling a tort claim, what is the effect on the settling party's ability to sue or be sued for contribution?
The Enabling Clause is associated with which amendment?
Under the general rule, a forged signature is not effective as the signature of the person named. Which option best states that rule?
Which statement best describes intermediate scrutiny?
Which remedy applies to an agency determination made without a trial-type hearing and is upheld unless arbitrary and capricious?
In the UCC 9 Essay Test Approach, which step asks whether the security interest is perfected?
Which concept is described by a rule of seven involving age and criminal prosecution?
What best describes an option contract?
Who can an obligee sue in a third-party beneficiary contract?
Which of the following is a method that discharges performance of a contract?
Which term in the IC SOM LACE framework corresponds to a non-hearsay purpose related to a witness's state of mind?
For a release to be enforceable, the release must be
Which privacy tort involves intrusion upon a person's seclusion?
Which relationship typically does not create vicarious liability for the torts of another?
Mandamus to compel is a ground under Article 78 to compel performance of an act required by law (applies to corporations).
Third degree criminal mischief is defined as intentional damage of property valued at $250 or more.
What constitutes a valid Miranda waiver?
The rights not enumerated and powers reserved to the states are described by which amendments?
Under the UCC, what is required for a merchant's firm offer to keep the offer open?
Which of the following is NOT a valid way to satisfy the summary judgment burden?
Which scenario qualifies as Aggravated Homicide in NY?
Which statement is NOT an aggravating factor under NY law?
Which statement best describes the rule and exception for revoking acceptance of goods already accepted?
In the Contracts And Sales Essay Test Approach, which element asks whether a contract has been formed?
Which step in the Contracts & Sales essay approach addresses remedies and damages?
What is required for an assignment of rights in a contract to be effective?
Which doctrine allows a party to sue on behalf of members when individuals lack standing?
In cases with multiple possible causes by different defendants, which causation standard asks whether any defendant's conduct substantially contributed to the injury?
CPLR stands for which of the following?
Which of the following is NOT a listed ground for divorce in the mnemonic?
Which statute defines criminal law in New York?
In collateral estoppel, which element refers to the opportunity to litigate the issue in the prior action?
Which of the following is NOT a ground for filing an Article 78 petition?
Which of the following is NOT part of the MRS BAKER list of inherently dangerous felonies?
What is required to raise an insanity defense?
Under LOG PITS vs T-Subs, which asset is NOT listed as a LOG PITS item?
Which element distinguishes robbery from other property crimes?
Which statement about thoughts in criminal law is correct?
Under NY law, if a defendant reasonably mistook the need for self-defense...
Under NY law, an accomplice is one who...
In which situation may a Preliminary Injunction be issued?
Which action allows entering another's land to abate a nuisance?
In a third-party impleader, after a defendant files a third-party complaint, within how many days must the defendant serve a copy on both the third-party defendant and the plaintiff?
What is the purpose of a Motion on Notice?
M'Naughten test is primarily used to determine which of the following?
If only damages remain, the court can grant summary judgment on liability and proceed to trial for damages. Which of the following is true?
Which provision empowers Congress to enforce the 14th Amendment?
Besides the general rule, which factor determines who bears the risk of loss in a sale of goods?
Secured transactions are governed by which article of the Uniform Commercial Code?
Regarding a settling tortfeasor, which statement is correct?
What are the two requirements to satisfy an Art. 2 Satisfactory Writing under SoF?
Under due process, long-arm jurisdiction is satisfied when what condition is met?
What is required for the duress defense?
The Privileges & Immunities Clause is associated with preventing discrimination by states on what basis?
The Combination Test for Insanity is associated with which system?
On what date do the terms of the President and Vice President begin after a presidential election?
Which statute governs New York practice?
In a personal injury action against an architect or engineer brought more than ten years after building completion, what must be done before filing suit?
Under the CREATES DICE framework, which item is a power Congress may exercise?
Which of the following is a ground for class action certification?
Which statement about serving a corporation is correct?
Duress requires forced to commit a crime due to threat of imminent death or serious bodily injury to self or a close family member. Is duress a defense to homicide?
Which rights are protected by the First Amendment according to the material?
In a third-party impleader, within how many days must the third-party defendant serve its answer after the third-party complaint is filed?
Which items constitute the Second Degree Murder elements under the WKBC mnemonic?
What does the acronym PETE stand for in the context of negotiable instruments?
Which doctrine bars recovery if the plaintiff's own negligence contributed to the harm?
Under the MPC, deadly force to prevent a crime is justified when the offense is what?
Which defense allows a merchant to detain a shoplifter briefly when there is reasonable belief of theft?
What two requirements must testimony corroborating rape satisfy?
The Uniform Vendor & Purchaser Risk Act relates to which area?
Which statement correctly describes the rule and exception for revocation of acceptance of goods already accepted?
Mens rea of statutory rape under MBE is:
Which doctrine holds an employer liable for the torts of its employees acting within the scope of employment?
Which statement best describes false pretenses?
Which grounds are included for rescission under the MUMIII mnemonic?
How long is a Notice of Pendency effective?
How many days advance notice must be given for a Motion on Notice?
Under CREATES DICE, which item describes spending or taxing for the general welfare?
Which set of statutes lists the contract statutes mentioned (three in total)?
The Contract Clause prohibits states from enacting any law that retroactively impairs contractual rights.
Which is a power that enables the United States to engage in war?
Which statement best describes termination of an offer by lapse of time?
Entrapment is defined as the government unfairly tempting the defendant to commit a crime and originated from the government; which statement best describes entrapment?
What is the essential definition of kidnapping?
What does the Contract Clause prohibit?
Which statement best describes how to preserve the right to a jury trial in a civil case?
Under the merger rule, which offenses merge?
Statute of limitations for strict liability of products claims?
In the CAN STRIP SEARCH warrant exceptions, which phrase represents a 'Special Needs' exception?
In the VAC framework, which term is represented by the letter E?
If Assignment is prohibited by contract, what is the effect?
Which occupations are included in the "professional" category for professional malpractice SOL?
If a seller commits improper performance in delivering goods, what is the typical contractual result?
Can an express warranty be disclaimed?
Under the MPC, deadly force in self-defense is justified only when facing what threat?
Which offense is a Specific Intent crime against property?
Which of the following statements is true about Manslaughter II mens rea as described?
According to the Federal Rules of Civil Procedure WASP mnemonic, which option is classified as personal service?
Which proceeding triggers the right to counsel in criminal cases?
What does Substantive Due Process require courts to examine when evaluating state and local laws?
Which term best matches the concept of intentionally or with recklessness disregard a known risk?
For a Motion on Notice, which statement correctly identifies the required advance notice?
What is the minimum number of witnesses required for a will?
In misrepresentation, which element is essential for liability?
Which action ends an easement via merger of dominant and servient lands?
For exposure to toxic substances, when does the 3-year statute of limitations begin?
Which is NOT a base of specific jurisdiction?
In a bilateral contract, what is the typical effect of a party beginning performance?
Degrees to Felony Murder: The correct statement is?
Mutuality of remedy is a prerequisite for specific performance. Which statement best describes it?
Which of the following is NOT one of the three requirements for attachment of a security interest?
Which term describes a way that an easement can end by merging ownership interests?
Which statement correctly identifies forms of process?
Which statement best reflects the purpose of the Parol Evidence Rule?
In New York law, what describes Knowledge?
Which is NOT a listed defense?
In NY, what is an affirmative defense to robbery?
Knowledge of weight of a controlled substance is not an element; knowledge of what is required?
What is the definition of an offer?
Which of the following is NOT a category of Murder 2 in NY?
Under mail with acknowledgment service, the 20-day response period starts after what event?
Which factor has the highest priority in interpreting contract terms?
MBE: General Intent mapping?
Which amendment established the direct election of United States Senators by the people?
Which of the following is a criterion listed for Aggravated Murder in NY?
What is the general rule about using force to protect property as a defense?
What does the Bill of Attainder prohibit?
What are the two essential elements for obtaining a temporary receivership?
Which item represents the defective warrant basis for good faith reliance in police searches?
Who can invoke the Dormant Commerce Clause?
NIPBUG: Which is an exclusionary rule exception that focuses on public safety?
Which element is essential to satisfy the 'writing' requirement for a will?
In New York, risk of loss for leased goods generally rests with whom?
Which statement is true regarding tavern owners' liability for injuries caused by intoxicated patrons?
Which statement accurately defines kidnapping?
Which statement is a ground to oppose a motion to amend pleading on the basis of delay?
Which of the following is NOT categorized as a form of homicide under the VAC framework in NY?
What should the testator declare to attesting witnesses to establish validity?
Which party is described as the Acceptor in the instrument liability mnemonic A MAID?
In a DOWNFFALL motion to dismiss, which ground refers to the plaintiff's lack of capacity?
Which contract defense involves a mistaken belief about a material fact at the time of contract formation?
SPOT issues: which concerns whether the expert's opinion has sufficient factual basis?
What does the CARFAN mnemonic stand for in an assigning memo?
Larceny in the third degree corresponds to theft over what amount?
Which clause prohibits discrimination against non-residents by a state?
Which item is not included in Public Policy PRISM?
In the MRS BAKER mnemonic, the letter R stands for which crime?
Which rights are commonly evaluated under strict scrutiny in constitutional law?
Which amendment prohibits quartering troops in private homes?
Which of the following is NOT a basis for general jurisdiction in New York?
Which is NOT a CL mental state?
Which covenant among the six covenants of title ensures there are no undisclosed encumbrances against the property?
An unpaid seller does not have a right to reclaim goods unless which condition occurs?
What is the effect of starting performance in a unilateral contract?
In settlements among tortfeasors, what is the effect on non-settling tortfeasors?
What is the process for an Order to Seize Chattel?
The Privileges & Immunities Clause is a feature of which article?
Implied Warranty of Fitness for a Particular Purpose applies when the seller knows the buyer has a special use for the goods.
Under New York law, which scenario corresponds to the Rape 1 offense involving a victim under 13 and a defendant 18 years or older?
Which of the following is a warrantless search exception?
Which statement best defines Battery under MBE?
Which of the following is NOT a basis for personal jurisdiction under the DOPSS mnemonic?
Which is NOT a type of liability on a negotiable instrument?
Venue may be proper in which of the following?
If the only remaining issue after a Motion for Summary Judgment is damages, what may the court do regarding liability and damages?
Which statement describes foreseen reliance before acceptance as an exception to revocation?
What is the maximum time to commence a municipal tort claim after the accident?
Which remedy stops a judicial officer from exercising power beyond the judge's jurisdiction?
Under the FAHU mnemonic for Federal Preemption, which factor is listed as a consideration?
In NY law, what does CL stand for?
Which enumerated power relates to operating the national post office?
What is the statute of limitations for professional malpractice?
Which statute is a Real Property statute?
For a will to be valid, witnesses must sign within how many days of each other?
Which event terminates an offer due to the destruction of the subject matter?
Which affirmative defense is never waived?
Which statement cannot be used to disclaimer warranties in a sale of goods?
When attachment is levied on personal property, to whom is the levy given?
If a party files a motion to dismiss and fails to raise lack of personal jurisdiction, what happens to that defense?
Under ENDCRAMP, which item indicates the easement ends when the necessity ceases?
Who may amend the complaint to assert a claim against the third-party defendant?
What is a TRO and under what circumstances can π obtain one?
Which is a Specific Intent crime against property?
The 11th Amendment primarily prevents federal courts from hearing private and foreign claims against which entity?
What constitutes misdemeanor custodial interference in NY?
Which crimes are classified as Malice Crimes?
Which right is typically protected by strict scrutiny?
Under the Non-Resident Motorist Statute, how is service effectuated?
The Combination Test for Insanity is associated with which framework?
Under ESCAPIST, which category covers evanescent evidence in warrantless searches?
The mailbox rule provides that acceptance is effective when it is mailed, with certain exceptions. Which option correctly identifies one of these exceptions?
The statute of limitations for a wrongful death claim is how many years from the date of death?
Which of the following is NOT an inchoate crime?
Which offense is a Specific Intent crime against the person?
Under the Rule Against Perpetuities, which item is commonly considered a potential interest that may be subject to the rule?
Which classification is typically subject to rational basis review?
In Miller obscenity, which factor is identified?
Which statements describe the four situations in which an Order to Show Cause may be filed?
What does the Felony Murder Rule state?
Which defense requires that the government unfairly tempted the defendant to commit a crime and originated the idea?
Ex Parte Motion: what is it, when is it used, and what are the remedies available to the opponent?
Which action is NOT listed as a presidential power in the DRAP VOTER mnemonic?
Which statements are true about filing a Notice of Pendency?
Which framework uses strict liability for statutory rape?
What is the purpose of a Motion for Summary Judgment?
Good Faith Reliance (DCS) Clarification: Which item is listed under DCS as supporting good faith?
The Eighth Amendment prohibits cruel and unusual punishment. Which of the following also reflects protections under the Eighth?
If a plaintiff was a New York resident when the out-of-state action arose, which statute applies?
NY: Knowledge definition?
Exclusionary Rule Exceptions: Which is an exclusionary rule exception focusing on public safety?
What is the defining element of burglary in the traditional formulation?
In C-ELVIS, what does the letter V stand for?
What is the name of the New York statute governing agency and partnership?
Withdrawal rule: which statement describes how a defendant can withdraw?
Which statement about the promisor's liability to an intended TPB is correct?
Which of the following is a suspect class requiring strict scrutiny?
Under the as-of-right amendment option, how many amendments does each party get?
Which standard applies to a state statute that is rationally related to a legitimate state interest?
Which Act addresses risk of loss between vendor and purchaser in real property transactions?
Under the unprotected speech category in the mnemonic, which factor is used to categorize obscenity?
Which groups lack capacity to enter into a contract according to the material?
Promissory estoppel is used to enforce certain promises without consideration when there is what?
In New York law, what describes Intent?
In the privacy CAMPER mnemonic, what is the fifth topic?
Which is a basic requirement for a valid will?
Can there be a one-person conspiracy under New York law?
What is an illusory promise?
If neither form of process is used, what is the effect?
What is the mens rea for false imprisonment?
Which options correctly describe the proper bases to determine venue?
Article III of the U.S. Constitution pertains to which branch of government?
Finishing a job late constitutes a breach only if what condition is met?
In the CPLR Art. 16 context, when a tortfeasor is not more than 50% at fault and non-economic damages exist, the defendant pays only his own share. This describes:
Secured transactions are governed by which provision?
Which of the following is a requirement for class certification under federal rules?
Which statement correctly defines 4th Degree Arson?
Which covenant corresponds to possession (Seisin) in the six covenants of title as reflected by the mnemonic?
Which statement best defines 3rd Degree Burglary under NY law?
In New York, offenses punishable by 15 days or less (excluding traffic infractions) are classified as what?
Which general jurisdiction basis allows service anywhere?
For service by mail, when is service effective?
In a third-party impleader, after the original defendant has served an answer, what may the defendant do regarding third-party impleader?
What is the Statute of Limitations period for Breach of Warranty?
Under strict liability rules, which category is listed as a strict liability category in the notes?
What does the MBE, MPC, and minority jurisdictions say about statutory rape's mens rea?
What does CL: Specific Intent mean?
Which of the following is a valid basis for impeaching a witness's credibility?
Which statement describes NY 1st Degree Arson?
Which statement best defines embezzlement?
What is the statute of limitations for a wrongful death claim?
Which presidential power would be used to forgive a person convicted of a crime?
Which of the following are not offers but invitations to deal or preliminary negotiations?
Which law governs a contract involving goods?
What is the difference between insanity and incompetency?
Which action allows a rightful owner to regain possession of chattel wrongfully withheld by another?
Miranda Defenses: Which of the following is a Miranda defense?
Which of the following is NOT an exception to the rule that an offer may be revoked before acceptance?
Under products liability, the statute of limitations for negligence is how many years from the date of injury?
In contract law, economic duress typically requires what kind of coercive action?
An Express Warranty in the sale of goods arises from which of the following?
The First Amendment protections include which of the following?
Under the Uniform Commercial Code, Article 2 governs which type of contract?
Wrongful death claims in New York are addressed under which statute?
Under service by mail with acknowledgment, the 20-day period to answer begins after which event?
What is the definition of an offer?
Under the time-barred debt rule, a written promise to pay by the debtor is enforceable even without consideration.
What is the function of a Notice of Pendency?
Which defense arises when the plaintiff gave consent to the conduct that caused harm?
Which statement best describes a kidnapping 1 scenario under NY law?
Which statement correctly describes the distinction between Robbery 1 and Robbery 2 in NY?
Promisee is liable to TPB only if TPB is a creditor beneficiary. Which option is correct?
Which two offenses constitute MBE Assault?
Which offense is NOT included in the Robbery Run mnemonic?
Which form of standing allows a party to sue on behalf of others not before the court?
What must affidavits show for an Order to Seize Chattel?
In adverse possession, which element corresponds to "Actual" possession?
Under standing doctrine, which statement is correct?
Is impossibility a defense to receipt of stolen property in New York?
Which is a threshold issue to determine arbitration applicability?
Under the T-Subs framework, which asset is not included in LOG PITS?
Under common law vs UCC, what is true about changing terms in an acceptance?
The right to a civil jury trial for cases involving more than twenty dollars is protected by which amendment?
Which of the following is a quasi-suspect class?
Which statement best describes false pretenses?
Under the PING mnemonic, which category indicates creation by prescription?
Which is a requirement for a case to be justiciable in federal court?
What is the deadline to answer when service is not by personal delivery or by mail with acknowledgment?
How many jurors are in a Civil Jury?
Which motion initiates a request for a TRO ex parte?
Which element is NOT part of the Lemon Test for Establishment Clause analysis?
Which statement defines Voluntary Manslaughter?
When is a contract modification effective?
Which statement best reflects No 3rd Party Standing in federal courts?
In a municipal tort liability claim, what is the statute of limitations from the date of the accident and what is the required notice of claim timing?
Name four ways to satisfy the SJ burden.
Which statement correctly describes a 'Notice of appearance' in civil procedure?
Which amendment contains the enabling clause prohibiting racially discriminatory action by anyone?
Which of the following is a possible response to a Summons and Complaint?
If neither form of process is used, it's a defect in what and what can the defendant do?
The Takings Clause is found in which amendment?
Promissory estoppel requires foreseeability of reliance that makes a promise enforceable without consideration. Which statement reflects this concept?
Can process be served on a Saturday if the plaintiff knows the Δ is a Saturday-Sabbath observer?
In the A PAIN mnemonic for corporation formation, what does the letter A stand for?
In the Federal service WASP mnemonic, what does the letter W stand for?
In order for a Temporary Receivership to be proper, what condition must be present?
Under the necessity defense, the conduct must be considered necessary to prevent a greater harm; is necessity a defense to homicide?
If process is personally delivered in New York, how many days does the defendant have to answer?
If no time for acceptance is stated, an offer lapses after what?
Which combination is required for NY Murder 1?
Which of the following is an exception to the Parol Evidence Rule?
Which of the following is a tort involving interference with chattel?
What is a core tenet of the Doctrine of Sovereign Immunity?
Which element is listed in the Illinois NAACP class action mnemonic as a factor?
When is a rejection of an offer effective?
Which damages are often used as a measure of expectation in contract breach?
Who may serve process outside New York?
Under CPLR Article 16, if a joint tortfeasor is not more than 50% at fault and the plaintiff has non-economic damages, what limit applies?
In the MBE framework, how is General Intent defined?
Restitution is the remedy of last resort when contract law yields an unfair result. Which statement is true?
Under the AP SLAP framework for unprotected speech, which elements are required to classify material as obscene?
Article III pertains to which branch?
In the strict scrutiny mnemonic 'Strict scrutiny Applies To Very Educated People', which right is included?
If the defendant dies before the wrongful death claim is filed, the statute of limitations is tolled by adding how many months?
Which of the following is not listed among the five defenses in the material?
Which element elevates 3rd Degree Arson to 2nd Degree Arson?
In the ABC FITT mnemonic, which tort corresponds to the letter T?
R to Counsel: Which item references misdemeanors when imprisonment is imposed?
What is accord and satisfaction?
Which statement is true about impossibility as a defense to conspiracy under NY law?
What are the 3 parts of a Motion on Notice?
In the covenants of title mnemonic, which covenant expresses the right to convey?
Which issue involves restrictions that are overly broad or vague?
Under Fourth Amendment doctrine, which warrantless search is permitted when a person is lawfully arrested?
According to the material, at what age is prosecution fully allowed without rebuttable presumption?
Which of the following is NOT part of the Art. 2a Satisfactory Writing requirements?
In contract law, an advertisement is generally not an offer, but it can be an offer if it specifies a quantity to be bought.
Where must the testator place their signature on the will for validity?
What is the mnemonic used to organize grounds for dismissal?
To preserve the right to a jury trial in a civil case, what must a party do?
The Perfect Tender Rule applies to which type of contract under the Uniform Commercial Code?
Which defense is the public necessity?
Which scenario best describes 0 years of residency for a NY matrimonial action?
Under New York law, which scenario qualifies as Kidnapping 2?
When is the existing duty extinguished under accord and satisfaction?
Under New York law, which statement describes Rape 3?
Which of the following is NOT a basis for proper venue under the VERB framework?
Under New York law, which statement describes Kidnapping 1 vs Kidnapping 2?
When serving process on an infant, which individuals must be served?
Which statement best defines battery?
Which statute governs sales of goods in New York contracts?
In defamation law, which defense is described as applying to statements broadcast to a wide audience?
What are the two requirements to commence a case?
New York mental states include Intent, Knowledge, Recklessness, Negligence, and Strict liability. Which mental state is defined as knowledge of practically certain results?
Which statement best captures the essential element of larceny?
In a personal injury claim, if a joint tortfeasor is not more than 50% at fault and the plaintiff has sustained non-economic damages, the defendant can be required to pay only which of the following?
Which SCRAP factor represents a duty arising when someone creates peril?
If attachment is improper or if the defendant wins on the merits, what remedy may be awarded to the defendant?
For a lease under Article 2A, which elements must a writing include to satisfy the Statute Frauds?
Is past consideration valid under common law?
In what two circumstances is attachment used?
Which of the following is NOT a warrant requirement exception listed in CAN STRIP SEARCH?
Under the MY LEGS framework, which item refers to goods valued over $500?
Under the MPC, what is the general rule about using force to protect property?
Which amendment granted women the right to vote?
To obtain an attachment, which of the following is NOT required to be included in the affidavit of support for an attachment?
Which set of offenses is represented by the BRAKES acronym for felon murder crimes?
Under NY service by mail, service is effective only if ∆ sends acknowledgment within how many days?
Which of the following is a requirement of a duly executed will?
Under the burglary rule, force used to protect property is a defense if the defendant is in his home.
What is the purpose of a Motion on Notice?
MAP GO FAP: Which item corresponds to appeals as a matter of right?
Which statement correctly describes a condition subsequent?
Which law governs contracts for the sale of goods?
Which combination lists all four exceptions to the Statute of Frauds under the SWAP mnemonic?
What must accompany an Order to Show Cause after it is signed?
A Totten trust is best described as a bank account in which:
Which is NOT listed as a NY mental state?
Which is a defense recognized in criminal law?
Which amendment provides citizenship to those born or naturalized in the United States and guarantees equal protection under the law?
Under which body of law is a requirements contract acceptable?
Which combination best describes the conditions for obtaining a temporary receivership?
Which statement is true regarding defamation and NY long-arm jurisdiction?
Under the MPC, which type of mistake can serve as a defense depending on the crime's intent?
Entrustment doctrine: If an owner entrusts goods to a merchant who deals in those goods, what is the owner's right against a bona fide purchaser for value?
Which option correctly states a method that does not accomplish rape under the MBE-style definition?
Accomplice liability covers what?
Who can serve process within New York and outside New York?
Which amendment protects freedom of religion, assembly, petition, press, and speech?
What is the time limit for making a Motion for Summary Judgment?
In a unilateral contract, what is the legal effect of the offeree beginning performance?
Presence of a gun in a vehicle under NY law means that:
Under what circumstances can a plaintiff obtain a six-month continuance on the statute of limitations, and when cannot they?
Which statement correctly describes the relationship between filing process and serving process?
Under NY Statute of Frauds, which scenario requires a writing?
For a contract to be enforceable, what role does a 'bargained-for exchange' play?
When do the TPB's rights vest?
Serial Murder (24 months) is an aggravating factor under NY law. Which option states its nature?
Ex Parte Motion — (i) what is it, (ii) when is it used, (iii) what are the opponents remedies?
When can π get a Temporary Receivership?
Lost profits damages for a seller: which statement is true?
CL: Malice describes which of the following?
Which of the following is NOT eligible for personal service on a NY corporation?
Which act constitutes sexual misconduct without consent?
In the land contract mnemonic 'Signed Writing Describing Land & Consideration', which item is listed first?
What are the two types of self-defense defenses recognized under the MPC?
Which of the following is a valid basis to oppose a motion to amend a pleading?
Which elements establish promissory estoppel?
Which concept is described by restrictions on when, where, and how speech can occur?
Which of the following describes the second exception to the rule about timing for summary judgment?
When the defendant dies, the statute of limitations is tolled by how much time?
Which form of standing allows a taxpayer to challenge a government action on constitutional grounds?
In the Statute of Frauds mnemonic SLYME Goods, what does the 'E' stand for?
Under NY service rules, which statement about permissible service days is correct?
If assignment is prohibited by contract, which statement is correct?
DRL stands for which New York statute?
Which of the following is NOT one of the MRS BAKER felonies?
In the land contract mnemonic 'Signed Writing Describing Land & Consideration', what is the second listed element?
Which two crimes constitute MBE Assault?
Which clause prevents states from grossly unreasonable discrimination?
Element character evidence is admissible in rare contexts such as defamation. Which option correctly identifies one such context?
Under incapacity rules, the incapacitated party is liable for the reasonable value of what?
Vehicular Assault 1, 2, and Aggravated Vehicular Assault in NY are defined by which of the following combinations?
What is the effect of starting to perform in a bilateral contract?
According to the material, in what circumstance do you not need personal jurisdiction over a matrimonial action?
General Rule of Delegation of Duties?
What is the mechanism by which an attachment creates a security interest?
Dealing with multiple gratuitous assignments: who prevails?
What are the requirements for service by mail in NY?
In torts, which phrase best captures the idea that liability can be imposed without proof of fault for certain activities?
Which acronym represents the elements required for adverse possession?
Under NY service rules, when is Saturday service prohibited?
What does the 15th Amendment prohibit with regard to voting?
In tort causation, which test is used to determine causation in fact when multiple defendants may have contributed to the harm?
In the Robbery Run mnemonic, which category refers to the use of a handgun in the commission of a crime of violence?
Which of the following is an aggravating factor for NY murder?
The Takings Clause is part of which amendment?
Which of the following is a category of unprotected speech under FIDO?
What cannot be relied on to satisfy the SJ burden?
Which statement about a requirements contract is correct?
For a defendant sued in New York for general jurisdiction based on doing business in New York, where may service of process be effected?
Which party may amend the complaint to assert a claim against the third-party defendant?
Which act constitutes sexual misconduct involving a dead person or animal?
In New York law, what describes Negligence?
Which element is described by the W in the Deeds Need Simple Words mnemonic?
Which description best captures the second form of false imprisonment in NY (knowledge that confinement is unlawful) ?
Which clause requires that a higher authority’s laws take precedence over conflicting state laws?
Which is not a standard element for Illinois class actions according to the NAACP mnemonic?
Which criterion describes Vehicular Assault 2 in NY?
Which clause prohibits retroactively impairing contractual rights?
Which statement about Murder 1 in NY is correct?
Which of the following is a core element of standing in federal courts?
Adequate assurance: what may a party do if the other party refuses to provide adequate assurance?
Which type of speech is traditionally regulated under intermediate scrutiny in First Amendment doctrine?
Tolling of a plaintiff’s death on their claim tolls the period for their duly appointed representative?
Which is one of the four crimes that qualify as Rape 1 in NY?
Which amendment imposes a two-term limit on the presidency?
Which crimes are not included in the scope of an attempt?
Warrantless Search: Which is an exception to warrantless searches under ESCAPES?
Under NY law, which article governs the lease of goods?
Which statement about the Lemon Test's 'Effect' prong is correct?
In a matrimonial action, long-arm jurisdiction may be obtained if the plaintiff is a resident and which condition is satisfied?
Dying Declarations apply to which types of cases?
Which act ends an easement when the servient estate is destroyed?
Which item is listed under Express Enumerated Powers relating to the capital and territories?
Under MBE release requirements, what is required?
Which statement about Voluntary Manslaughter is correct?
Which of the following is NOT included in the BARF FLEM mnemonic as listed offenses?
Which statute is the criminal code of New York?
Which term describes a legislative act that punishes without trial?
In a personal injury action against an architect or engineer brought more than ten years after building completion, what must be done before filing suit?
Which is an element of standing in constitutional law?
Which of the following is NOT a factor used to prove constructive possession of CDS?
Under common law, substantial performance suffices.
In the Never Heed Legal Drive approach, what does the letter H stand for?
Which elements are included in the Specific Performance mnemonic 'MC VID'?
Which four unities are required for a valid joint tenancy?
What distinguishes kidnapping from ordinary false imprisonment?
Which statement best contrasts NY False Imprisonment 1 and 2?
What are the three components of standing?
In the ICE acronym for character evidence, what does 'I' stand for?
What are the two things required to file a Notice of Pendency and what isn't required?
The right to bear arms is protected by which amendment?
If a contract for the sale of goods has an open price term, what does the court typically do?
Which scenario would generally be considered not an offer due to lack of specificity or duration?
Which of the following is NOT a category under the VAC acronym for homicide in NY?
Which statute governs contracts that are leases in New York?
Which of the following is not among the five types of long-arm jurisdiction described?
CL: Specific Intent mapping to description?
If a contract for the sale of goods leaves price term indefinite, the term is known as a
Which component of the minimum contacts analysis focuses on whether the defendant purposefully engaged with the forum state?
Procedural Due Process is described as requiring a fair hearing under which amendment?
Which is NOT a valid method to serve process on an unlicensed foreign corporation?
Which item is the correct element for the Independent Source exception to the taint under the Fruit of the Poisonous Tree?
What does general intent in criminal law require?
Identify the express conditions types.
A novation is
Specific performance is an equitable remedy available under which description?
How does π get an Attachment and what are the 3 things it must allege?
Which statement about arson is true?
If service by mail with acknowledgment is used, how many days after acknowledgment does the defendant have to answer?
What does COIL stand for in Fiduciary Duties?
What best describes an illusory promise?
Which of the following is a provisional remedy?
Former Testimony is an exception that requires the declarant to be unavailable.
What are the two alternatives to outright acceptance and what are their effects?
What is the purpose of the Parol Evidence Rule?
In Maryland, felony murder applies to statutorily enumerated felonies. Which of the following is included in the enumerated list?
Under the doctrine of adequate assurance, when may a party request adequate assurance of performance?
Regarding acceptance by silence, which statement is true in general?
Rescission in contract law is defined as
Which statute is listed as a Real Property statute?
Which of the following statements are true regarding warranty disclaimers?
Which remedies are included in the contract equitable remedies mnemonic '4R SL'?
Which term corresponds to a defense characterized by misinterpretation of facts?
In the ABC FITT mnemonic, which tort corresponds to the letter C?
Which degree of New York Criminal Mischief covers intentional damage of property valued at $1500 or more?
In third-party impleader, who must the Third-Party Answer be served on?
Which mental state is associated with Manslaughter 2 in NY?
Which statement about general jurisdiction bases in NY is true?
Which tests are used in insanity determinations?
Under NY law, which article governs the sale of goods?
Under the necessity defense, what must be shown about the harm avoided and the harm caused?
In the TAN framework for economic duress, which of the following is included?
Which item is the first in the NO AC mnemonic representing a defense to contract formation?
In the forgery mnemonic FINE, what does the letter F represent?
What is a Preliminary Injunction?
Under Maryland's felony murder rule, which of the following is NOT among statutorily enumerated felonies used to support a felony murder conviction?
Under CL and NY, which element is required for conspiracy?
In tolling when the defendant is absent from New York when the cause of action accrues, which statement about tolling is correct?
Which of the following is true about trespassory taking in relation to larceny?
Which statement best defines false imprisonment?
Good Faith Reliance: Which item supports good faith reliance under DCS?
Among the listed defenses to contract, which of the following is included?
Quasi-Suspect Class LEG: which is a quasi-suspect class?
Which amendment established nationwide Prohibition of alcohol?
Which factor indicates motive to lie due to interest and bias?
Under general jurisdiction based on presence in New York, where must service occur?
How long is a merchant's firm offer to keep an offer open irrevocable under the UCC?
What is a Preliminary Injunction?
Which additional element can elevate misdemeanor custodial interference to a felony?
Under the Perfect Tender Rule, which contracts does it apply to?
In the Contracts & Sales essay approach, which step asks 'Have the parties performed their contractual obligations (the terms just discussed)?'
Which is NOT one of the four prerequisites for filing a class action?
The Irresistible Impulse test for insanity focuses on which type of incapacity?
When does a civil party have a right to trial by jury?
For NY VTL non-resident motorist matters, which statute is linked to wrongful death?
What does 'inchoate' mean in criminal law?
Aggravated Homicide in NY is typically associated with killings in the line of duty.
For professional malpractice, the statute of limitations is 3 years from which event?
In New York law, which mental state is satisfied by being aware of or practically certain that conduct will cause a risk?
Which of the following is a method by which rape can be accomplished under the MBE definition?
Which factor relates to being in custody or escaping custody in NY murder law?
Which factor listed in DISMAL concerns the surviving spouse's financial status?
A contract modification is effective immediately when?
Which is NOT a base of general jurisdiction in NY?
The Substantive Due Process Clause is part of which amendment and demands what regarding federal law?
Which constitutes valid service of process on an unlicensed foreign corporation in New York?
Which elements are indicated as qualifying factors for Aggravated Murder in New York according to the notes?
What is the required notice period for serving an Article 78 petition before the return date?
Which of the following is an example of a Defense to Specific Intent crimes?
In New York law, what describes Recklessness?
Under New York Statute of Frauds, which contract type requires a writing?
Which term is the first element listed in the PIC mnemonic for first-degree murder?
Under installment contracts, a buyer may reject for which reason?
If a Notice of Pendency is filed incorrectly, what action can be taken?
Under the Interstate Compact Clause, when is congressional approval required for an agreement between states?
Which is a valid T-Sub asset according to the material?
Which are core considerations under the Establishment Clause?
Impossibility excuse arises when
What is the exception to the doctrine of Res Judicata?
On what property can an attachment be levied?
Under the UCC, when is a firm offer created?
Which set of rights is included among the privacy-related rights often analyzed under strict scrutiny?
Which remedy is typically used when monetary damages are inadequate?
Statute of limitations for breach of warranty?
Mortgages in New York are also associated with which other statute?
What is a Notice of Pendency?
Which defense asserts that the defendant's actions were permitted by law or official authority?
What is the exception to tolling when the absent defendant has a basis for personal jurisdiction?
The right to a speedy and public trial, an impartial jury, and counsel is protected by which amendment?
Who can sue the obligor for performance in a delegation context?
Which is an exception to the incapacity rule?
Which of the following is an explicit exception to the Statute of Frauds rules in NY?
What is the definition of Specific Intent?
Which action is NOT listed among the president's executive powers in the material?
Which privacy tort involves portraying a person in a false or misleading light?
Which statute governs practice in New York courts?
Which of the following can justify vacating an arbitration award?
What does attachment involve?
If a Notice of Pendency is filed incorrectly, what remedy is available?
For a seller who is a 'volume dealer', when may the seller recover lost profits?
Which statement about breach is true?
If a response to an offer includes a condition, what is the effect?
Deadly force to prevent a crime is permitted in which circumstance?
In the Lemon test mnemonic, what does the second 'E' stand for?
What method is used for service by mail for a NY corporation?
What is the general rule regarding revoking an offer before it has been accepted?
Which of the following is a valid defense to 3rd Degree Arson?
Which offense is defined as the unlawful confinement of a person without consent?
Which of the following is an impeachment technique involving prior inconsistent statements?
Under joint and several liability, which statement is true?
Which of the following is true about Criminally negligent homicide under VAC?
Which category is typically reviewed under intermediate scrutiny for speech regulation?

Bar Exam Mnemonics Practice Test

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