mbe - lecture tips

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MBE Lecture Tips

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  • ABSOLUTE DUTY = WRONG

    AGE = RATIONAL BASIS

    ONGOING/EVERY = PROBABLE CAUSE

    ACTUAL CAUSE = DOESNT MEAN LIABLE

    PROXIMATE CAUSE = LIABLE

    CO-CONSPIRATOR = FORSEEABLE CRIME SM OF CRIME

    CLASS ACTION = SAME TRANS/OCCURANCE

    EXPERT CANNOT BE CONDUIT

    ASSAULT = ATTEMPTED BATTER (CL)

    MARKET VALUE OR ADDED VALUE

    WITNESS CAN DISCUSS ULTIMATE ISSUE IN CIVIL (FIRST HAND)

    EXPERT CANNOT DISCUSS ULTIMATE ISSUE IN CRIMINAL

    TRANSACTIONAL IMMUNITY = ABSOLUTE

    ALL CONTRACTS = ASSIGNABLE + DELEGABLE (EXPT REQUIREMENT K & PERS SERVICE)

    DOUBLE JEOPARDY = SAME STATE & SAME CRIME

    DEPO = 14 DAYS + PROT ORDER TO EXECUTE

    DEFENDANT REMOVES PLAINTIFF REMANDS

    SUMMARY JUDGMENT = CANT USE PLEADINGS TO RESPOND

    RESIDENT V. NON-RESIDENT = PRIV & IMM

    BEST EVIDENCE = WRONG ANSWER

    ABANDONMENT =TERMINATE EASEMENT

    PRESCRIPTION = EST. EASMENT

    OCCUPY THE FIELD = COMMERCE POWER

    REC STATE = PROTECTS BFP

    SPECIFIC OVER GENERAL

    SUMMARY JUDGMENT NOT OVER 30 DAYS AFTER DISCO

    PPPP = PRIVATE PERSON PRIVATE PUBLISH

    COMMERCE CLAUSE = PLENARY

    PRIV AND IMM = ARTICLE IV

    CONTRACT + POSSESSION = BUYER RISK OF LOSS

    KNOCK OUT ELEMENT

    CORRECT RULE OF LAW OVER STATE OF FACT

    ORAL CONTRACT + 2/3 = VALID RE K

    DEADMAN = DEAD WRONG

    AGREEMENT NOT HOSTILE

    FELONY MURDER KNOCK OUT FELONY (DOUBLE JEOPARDY)

    GOVT AGENT = INSTRUCTED

    NECESSARY + PROPER = WRONG