Bar Exam — Cloze: Elements & Tests (MBE subjects) flashcards
8 of 84 cards free to study here · 13 topics · the whole deck is built into Willys
Elements and multi-part tests as cloze deletions: crimes, Fourth Amendment and Miranda, torts, defamation, servitudes, standing, scrutiny, Daubert, hearsay exceptions, Rule 23, personal jurisdiction, Erie and UCC 2-205 and 2-207. Not affiliated with or endorsed by NCBE.
Drills deck · part of Bar exam (MBE subjects) · written against: NCBE MBE subject matter outline, edition dated 11/16/20; Supreme Court decisions through the October 2024 Term. Updated 2026-10-10.
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The 8 sample cards as a list
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Common-law burglary is the breaking and entering of the … of another at night with intent to commit a felony inside, and the intent must exist at the time of entry.Common-law burglary is the breaking and entering of the dwelling of another at night with intent to commit a felony inside, and the intent must exist at the time of entry.Crimes
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Battery is an intentional act that causes a … contact with the plaintiff's person or something closely connected to it.Battery is an intentional act that causes a harmful or offensive contact with the plaintiff's person or something closely connected to it.Intentional Torts
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A prima facie negligence case requires …, breach, causation and damages.A prima facie negligence case requires duty, breach, causation and damages.Negligence
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Adverse possession requires possession that is …, open and notorious, exclusive, hostile and continuous for the statutory period.Adverse possession requires possession that is actual, open and notorious, exclusive, hostile and continuous for the statutory period.Adverse Possession and Easements
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Article III standing requires …, causation and redressability.Article III standing requires injury in fact, causation and redressability.Justiciability
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The Daubert reliability factors are whether the method can be …, whether it has undergone peer review and publication, its known or potential error rate, the existence of controlling standards, and general acceptance.The Daubert reliability factors are whether the method can be tested, whether it has undergone peer review and publication, its known or potential error rate, the existence of controlling standards, and general acceptance.Expert Testimony
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A present sense impression is a statement describing or explaining an event or condition, made … the declarant perceived it.A present sense impression is a statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.Hearsay Exceptions
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Under UCC 2-205, a …'s offer to buy or sell goods in a signed writing assuring it will be held open is irrevocable without consideration for the stated or a reasonable time, but no longer than three months, and an assurance printed on a form the offeree supplied needs the offeror's separate signature.Under UCC 2-205, a merchant's offer to buy or sell goods in a signed writing assuring it will be held open is irrevocable without consideration for the stated or a reasonable time, but no longer than three months, and an assurance printed on a form the offeree supplied needs the offeror's separate signature.Contracts and Sales
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Review status: Second-reader reviewed, with corrections applied.
Checked against:
- 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.
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