Bar exam (MBE subjects) flashcards

What's in it

Every deck follows the course outline, with tags you can study or suspend topic by topic. Open a deck to study its free sample right here.

Cloze decks have one or more blanks per sentence; the app makes one card per blank.

Study guide

Topics covered

The decks follow the order of the course outline. Numbers are cards per topic.

• Jurisdiction 37
  • Federal Question and Diversity 8
  • Personal Jurisdiction and Service 8
  • Supplemental Jurisdiction and Removal 6
  • Venue and Transfer 4
• Law Applied 7
  • Erie Doctrine 4
• Pretrial 37
  • Discovery 7
  • Joinder and Class Actions 11
  • Pleadings and Rule 12 8
  • Preliminary Injunctions 1
  • Summary Judgment 2
• Jury Trial 4
  • Right to Jury 4
• Motions 4
  • Judgment as a Matter of Law and New Trial 4
• Judgments 11
  • Claim and Issue Preclusion 6
  • Defaults and Dismissals 2
• Appeals 5
  • Appealability 5
• Judicial Power 12
  • Justiciability 8
• Separation of Powers 16
  • Congressional Powers 7
  • Executive and Interbranch 6
• Federalism 18
  • Dormant Commerce and Privileges and Immunities 7
  • Preemption 2
  • State Sovereignty 6
• Individual Rights 34
  • Due Process 7
  • Equal Protection 10
  • Other Protections 2
  • State Action 3
  • Takings 3
• First Amendment 25
  • Religion Clauses 4
  • Speech Content and Forums 8
  • Speech Doctrines 7
• Formation 33
  • Acceptance 9
  • Consideration and Substitutes 6
  • Offer and Revocation 8
• Defenses 17
  • Capacity and Unconscionability 4
  • Mistake · Misrepresentation and Duress 4
  • Statute of Frauds 6
• Contract Terms 11
  • Parol Evidence and Interpretation 4
  • Warranties 4
• Performance 22
  • Breach and Repudiation 4
  • Conditions and Excuse 6
  • UCC Tender · Cure and Risk of Loss 6
• Remedies 15
  • Damages 7
  • Restitution and Specific Performance 5
• Third Parties 7
  • Assignment and Delegation 4
  • Beneficiaries 3
• Homicide 14
  • Manslaughter 3
  • Murder 6
• Other Crimes 16
  • Burglary · Arson and Crimes Against Persons 6
  • Theft Offenses 7
• Inchoate Crimes 14
  • Attempt and Solicitation 4
  • Conspiracy 5
• Parties 5
  • Accomplice Liability 3
• General Principles 21
  • Defenses 11
  • Mens Rea 5
• Fourth Amendment 18
  • Exclusionary Rule 4
  • Searches and Warrants 8
• Fifth Amendment 11
  • Double Jeopardy 2
  • Miranda and Confessions 7
• Sixth Amendment 10
  • Counsel · Confrontation and Identification 8
• Eighth Amendment 1
  • Punishment 1
• Presentation 23
  • Witnesses 5
  • Judicial Notice and Presumptions 3
  • Impeachment 7
  • Preliminary Questions and Completeness 2
• Relevance 28
  • Probative Value and Rule 403 3
  • Authentication 3
  • Character and Habit 10
  • Opinion and Expert Testimony 4
• Privileges 8
• Policy Exclusions 7
• Writings 6
  • Best Evidence Rule 4
• Hearsay 38
  • Definition and Non-Hearsay 10
  • Availability Immaterial 8
  • Declarant Unavailable 6
  • Confrontation Clause 4
• Estates 20
  • Present Estates 6
  • Future Interests and RAP 9
• Concurrent Ownership 9
• Landlord and Tenant 16
• Rights in Land 24
  • Covenants and Servitudes 6
  • Easements and Licenses 7
  • Fixtures and Zoning 4
• Contracts 8
  • Land Sale Contracts 6
• Mortgages 11
• Titles 22
  • Adverse Possession 4
  • Deeds and Delivery 5
  • Recording Acts 6
  • Transfer at Death 1
• Intentional Torts 32
  • Harms to the Person 6
  • Harms to Property 4
  • Defenses 7
• Negligence 64
  • Duty 11
  • Breach and Standard of Care 6
  • Causation 6
  • Damages and Defenses 10
  • Vicarious Liability 4
  • Multiple Defendants 3
• Strict Liability 5
• Products Liability 10
• Other Torts 15
  • Nuisance 2
  • Defamation and Privacy 7
  • Misrepresentation and Business Torts 4
• Crimes 9
• Criminal Procedure 9
• Defamation 3
• Adverse Possession and Easements 6
• Covenants and Servitudes 5
• Justiciability 3
• Levels of Scrutiny 5
• Expert Testimony 3
• Hearsay Exceptions 9
• Civil Procedure 9
• Contracts and Sales 7

A study plan

• 30 new cards a day covers everything in a month, leaving the last weeks for review.
• 15 new cards a day covers everything in two months, leaving the last weeks for review.
• 10 new cards a day covers everything in three months, leaving the last weeks for review.

Willys schedules reviews for you (FSRS spaced repetition), so the daily number above is only for new cards; reviews of what you have learned come back on their own. Study a topic's cards right after you meet it in class, suspend topics you have not reached yet, and use the app's quiz mode in the final two weeks.

How to get these decks

1. Install Willys on your iPhone, iPad or Mac — App Store. 14-day free trial, then $14.99 a year.
2. In Willys, tap Exam Library at the top of your Decks (or Browse Exam Library… under the + button), find the exam on its shelf or by search, tick it and tap Add.
3. Study. The exam comes in as its own collapsible folder, every card scheduled by FSRS spaced repetition. Nothing you already have is changed.

About these cards

Review status: Second-reader reviewed, with corrections applied.

Checked against:

• Checked against the Federal Rules of Civil Procedure and Title 28 of the U.S. Code (public law) and U.S. Supreme Court holdings (public domain); no treatise or outline text reproduced.
• Checked against the U.S. Constitution (public domain) and the holdings of U.S. Supreme Court opinions through the October 2024 Term (public domain); no treatise or outline text reproduced.
• Checked against the Uniform Commercial Code, Articles 1 and 2 (Official Text, as enacted in state law) and the Restatement (Second) of Contracts (reference only; no wording reproduced).
• Accord and satisfaction by check checked against UCC 3-311 (Official Text, as enacted in state law); reference only.
• Successive-assignment priority checked against In re Rosen, 157 F.2d 997 (3d Cir. 1946) and McKnight v. Rice, Hoppner, Brown & Brunner, 678 P.2d 1330 (Alaska 1984), which quote the Restatement rules (reference only; no text copied).
• Checked against the Model Penal Code (reference only; no wording reproduced), the U.S. Constitution and U.S. Supreme Court holdings (public domain).
• Checked against the Federal Rules of Evidence and Advisory Committee Notes (U.S. government works, public domain) and the NCBE MBE Subject Matter Outline (edition dated 11/16/20; topic order only; no text copied).
• U.S. Supreme Court opinions cited on cards (Crawford, Davis, Melendez-Diaz, Bullcoming, Giles, Trammel, Upjohn, Old Chief, Huddleston, Bourjaily, Tome, Owens, Daubert, Kumho Tire, Doyle) — public domain; rules paraphrased.
• Checked against the FRE as amended through December 1, 2024 (Rules 107, 613(b) and 1006) and December 1, 2023 (Rules 106, 615 and 702), the amendment to Rule 801(d)(1)(A) adopted to take effect December 1, 2026, and Smith v. Arizona (2024) and Jaffee v. Redmond (public domain); rules paraphrased.
• Checked against the NCBE MBE Subject Matter Outline (edition dated 11/16/20; topic order only; no text copied) and standard property casebooks and hornbooks used for reference only; rules paraphrased in original wording.
• Federal statute cited on a card (Garn–St Germain Depository Institutions Act, 12 U.S.C. 1701j-3) — U.S. government work, public domain.
• Anti-lapse rules checked against the Uniform Probate Code (reference only; no text copied).
• Checked against the NCBE MBE Subject Matter Outline (edition dated 11/16/20; topic order only; no text copied) and standard torts hornbooks and casebooks used for reference only; rules paraphrased in original wording.
• U.S. Supreme Court opinions cited on cards (New York Times v. Sullivan, Gertz, Dun & Bradstreet, Milkovich) — public domain.
• Checked against the Federal Rules of Evidence and Civil Procedure, Title 28 of the U.S. Code and U.S. Supreme Court holdings (public law and public domain), and the Uniform Commercial Code Article 2 (Official Text, as enacted in state law); Restatements consulted for reference only, no wording reproduced.
• Checked against the Federal Rules of Civil Procedure, Title 28 of the U.S. Code, the U.S. Constitution and U.S. Supreme Court holdings through the October 2024 Term (public law and public domain), and the Uniform Commercial Code Articles 1 and 2 (official text); the Restatement (Second) of Contracts was consulted for reference only, with no wording reproduced.
• Criminal law and procedure checked against the Model Penal Code (reference only; no wording reproduced), the U.S. Constitution and U.S. Supreme Court holdings (public domain).
• Evidence checked against the Federal Rules of Evidence and Advisory Committee Notes (U.S. government works, public domain) and U.S. Supreme Court opinions (public domain); rules paraphrased.
• Checked against the NCBE MBE Subject Matter Outline (edition dated 11/16/20; topic order only; no text copied) and standard property and torts casebooks and hornbooks used for reference only; rules paraphrased in original wording.
• U.S. Supreme Court opinions cited on a card (New York Times v. Sullivan; St. Amant v. Thompson) — public domain.

These are independent study notes written for Willys. They are not official exam material, may contain mistakes, and are no substitute for your course, your teacher or the exam owner's own publications. Found an error? Tell us — corrections ship as a new version of the deck.

Not legal advice. These cards prepare you for the bar exam's multistate subjects; they state general rules tested on the exam, not the law of any particular jurisdiction, and the law changes.

MBE® is a registered trademark of the National Conference of Bar Examiners, which is not affiliated with and does not endorse this product.

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