FAQs

Alabama, Alaska, Arizona, Colorado, Connecticut, D.C., Idaho, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio (starting July 2020), Oregon, South Carolina, Tennessee, Texas (starting February 2021), Utah, Vermont, Washington, West Virginia, Wyoming, Virgin Islands.

  • If your jurisdiction is not on the list, odds are that you’ll still be interested in our MBE Suite. Every U.S. jurisdiction except Louisiana and Puerto Rico administers the MBE as part of its bar exam.
    • If you’re planning on practicing in Louisiana or Puerto Rico, you may still be interested in purchasing individual audio and written outlines for the subjects that you struggle with to supplement a course more catered to your jurisdiction’s exam.

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Every U.S. jurisdiction except Louisiana and Puerto Rico administers the MBE as part of its bar exam.

  • If you’re planning on practicing in Louisiana or Puerto Rico, you may still be interested in purchasing individual audio and written outlines for the subjects that you struggle with to supplement a course more catered to your jurisdiction’s exam.

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Nope. You only have a limited license for personal use. You can email piracy@crushendo.net to report piracy and be rewarded.

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Conflicts

  • General rules
  • Screening
  • Third-party compensation and influence
  • Acquiring an interest in litigation

Client-Lawyer Relationship

  • Formation
  • Representation scope, objective, and means
  • Decision-making authority—actual and apparent
  • Counsel and assistance within the bounds of the law
  • Termination of the client-lawyer relationship
  • Client-lawyer contracts
  • Client communications
  • Fees

Litigation, Advocacy

  • Expediting justice
  • Fairness to opposing party and counsel
  • Impartiality and tribunal decorum
  • Trial publicity
  • Lawyer as witness

Client Confidentiality

  • Attorney-client privilege and work-product protection
  • Confidentiality—general rule
  • Expressly or implicitly authorized disclosures
  • Exceptions to confidentiality

Regulating the Profession

  • Powers that regulate
  • Reporting attorney misconduct
  • Unauthorized practice
  • Multijurisdictional practice
  • Nonlawyer fee division
  • Forms of practice

Competence, Legal Malpractice, Liability

  • Competence, diligence
  • Civil liability
  • Limiting malpractice liability
  • Malpractice insurance

Communications about Legal Services

  • Advertising, other public communications
  • Solicitation—direct contact with prospective clients
  • Group legal services
  • Referrals
  • Practice areas, specialization

Different Lawyer Roles

  • Advisor, evaluator, negotiator, third-party neutral
  • Nonadjudicative appearances
  • Organizational clients
  • Prosecutors

Safekeeping Property

  • Client trust accounts, safekeeping assets
  • Disputed claims

Communications with Non-Clients

  • Truthfulness
  • Respect third-party rights

Duties to Public

  • Voluntary pro bono
  • Accepting appointments
  • Legal services organizations
  • Avoid impropriety

Judicial Conduct

  • Performing judicial duties
  • Administrative Appointments
  • Ex parte communications
  • Disqualification
  • Extrajudicial activities

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Negligence

  • Introduction
  • Duty
  • Breaching the standard of care
  • Actual cause
  • Proximate cause
  • Damages
  • Liability based upon other people or things
  • Defenses

Intentional Torts

  • Introduction
  • Torts that harm people
  • Torts that harm property
  • Defenses

Strict Liability, Product Liability

  • Strict liability
  • Product liability

Additional Torts

  • Nuisance
  • Defamation and invasion of privacy
  • Misrepresentation
  • Interference with business relations

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Introduction

Collateral Basics

  • Classes of goods
  • After-acquired property
  • Future advances
  • PMSI and consignments
  • Title irrelevant
  • Debtor flexibility
  • Duties of possession
  • Accessions versus commingled goods

Attachment and Perfection

  • Attachment
  • Perfection
  • Financing statement amendments
  • Request for accounting

Collateral Sold by the Debtor

  • Buyers normally take subject to perfected interests
  • Proceeds
  • Shelter Rule
  • Assignment

Priority

  • Priority based on security interest type
  • Priority based on timing
  • Special priority rules
  • Subordination

Enforcement, Termination

  • Repossession
  • Foreclosure sales
  • Account debtors
  • Termination

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Intestate succession

  • Share of surviving spouse
  • Share of children and others
  • Share of ancestors and collaterals
  • Advancements
  • Simultaneous death

Wills

  • Execution requirements
  • Integration
  • Incorporation
  • Facts of independent significance
  • Codicils
  • Revocation
  • Revival
  • Contractual wills
  • Construction problems
  • Will contests
  • Nonprobate Transfers
  • Powers and duties of personal representative

Family protection

  • Omitted spouse
  • Elective share
  • Pretermitted children

Living wills, durable health care powers

  • Execution requirements
  • Revocation
  • Authority of agent

Trusts

  • Classification
  • Creation
  • Types of trusts
  • Alienability of interests
  • Protective trusts
  • Trustee powers and duties

Future interests

  • Common types of interests
  • Appointment powers
  • Acceleration of future interests
  • Rule Against Perpetuities (RAP)

Construction Problems

  • Children and issue
  • Death without issue
  • Survivorship problems
  • Gifts to classes
  • Worthier Title
  • Gifts by implication

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Jurisdiction, Venue

  • Subject matter jurisdiction
  • Personal jurisdiction
  • Service of process and notice
  • Venue, forum non conveniens, and transfer

Pretrial Procedures

  • Preliminary injunctions and temporary restraining orders
  • Pleadings
  • Rule 11 Sanctions
  • Joinder
  • Discovery
  • Pretrial conference and order

Motions

  • General motion requirements
  • Pretrial motions
  • Post-trial motions

Laws Applied

  • State law in federal court
  • Federal common law

Jury Trials

  • Right to jury trial
  • Selection and composition of juries
  • Requests for and objections to jury instructions

Verdicts and Judgments

  • Defaults and dismissals
  • Jury verdicts
  • Judicial findings and conclusions
  • Effect of Judgments

Appealability, Review

  • Final judgment rule
  • Interlocutory review
  • Standards of review

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Individual Rights

  • Nature and protection of rights
  • State action
  • Due Process
  • Equal protection
  • First Amendment
  • Takings
  • Other protections

Separation of Powers

  • Powers of Congress
  • President’s powers
  • Federal interbranch relationships

Judicial Review

  • Organization and relationship of state and federal courts
  • Jurisdiction
  • Judicial review in operation

Relation of Nation and States

  • Intergovernmental immunities
  • Federalism-based limits on state authority

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Relevance, Reasons for Excluding

  • Probative value
  • Authentication
  • Expert testimony
  • Demonstrative and experimental evidence
  • Character and related concepts

Presentation of Evidence

  • Introduction of evidence
  • Presumptions
  • Mode and order of presentation
  • Impeachment

Hearsay Admissibility

  • Defining hearsay
  • Exceptions
  • Strong exceptions
  • Weak exceptions
  • Less tested exceptions
  • Right to confront witnesses

Privileges, Policy Exclusions

  • Privileges
  • Policy Exclusions

Writings, Recordings, Photos

  • Original records
  • Summaries
  • Completeness rule

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Constitutional Protections

  • Searches and seizures
  • Confessions
  • Privilege against self-incrimination
  • Identification procedures
  • Right to counsel at trial
  • Fair trial
  • Guilty pleas
  • Double jeopardy
  • Cruel and unusual punishment
  • Burdens of proof
  • Appeal and error

General Principles

  • Voluntary acts
  • State of mind
  • Responsibility
  • Causation
  • Justification and excuse
  • Jurisdiction

Homicide

  • Murder
  • Manslaughter

Other Crimes

  • Property-related crimes
  • People-harming crimes

Inchoate Crimes, Parties

  • Inchoate (or incomplete) crimes
  • Parties (or accomplices) to crime

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Getting married

  • Pre-marriage controversies
  • Who can marry
  • Procedural requirements
  • State-of-mind requirements
  • Common law marriage
  • Premarital contracts (or prenups)

Being married

  • Rights and duties
  • Family privacy
  • Marital interference

Ending Marriage

  • General rules
  • Divorce
  • Annulment
  • Dissolution
  • Separation
  • Child support
  • Alimony determination
  • Property division
  • Jurisdiction
  • Enforcing decrees
  • Modifying decrees

Child custody

  • Standard for decision
  • Joint custody
  • Visitation
  • Relocation
  • Procedural issues
  • Enforcement
  • Modification

Unmarried cohabitants

  • Rights of cohabitants
  • Unmarried parents and their children

Parent, child, and state

  • Legal disabilities of childhood
  • Duty to support
  • Intra-family immunities
  • Loss of consortium
  • Parental rights and limitations
  • Custody disputes between parents and third parties

Adoption

  • Jurisdiction
  • Agency versus independent placements
  • Parental consent

Alternatives to adoption

  • Artificial insemination by donor
  • Surrogacy, in vitro fertilization, and embryo transplantation

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General Principles

  • Domicile

Jurisdiction

  • Types of personal jurisdiction
  • Notice and opportunity to be heard
  • Other jurisdictional limits

Choice of Law

  • Basic concepts
  • Choice-of-law theories
  • Most significant interests test
  • Governmental interest analysis
  • Traditional approach
  • Defenses against application of foreign law
  • Constitutional limitations
  • Federal-state conflicts

Recognition and Enforcement

  • Full faith and credit
  • Claim and issue preclusion
  • Defenses to recognition or enforcement
  • Family law judgments

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