Contracts Questions and Fairness

Here is a tip that I’ve learned with contracts: there is more of an element of fairness with MBE contracts questions than some of the other subjects. In property for example, adverse possession has never seemed that fair to me (at the end of the day aren’t you just kind of stealing someone else’s property?). …

Hearsay Made Simple

Hearsay can be a difficult topic for some students, but it’s very understandable once it clicks. If hearsay confuses you don’t worry; sooner or later there will be a light bulb moment when it suddenly just makes sense, so let’s try to help you get there quicker. What Is Hearsay? Hearsay is defined as an …

The Elements of Burglary

What is Burglary? Burglary is defined as the breaking and entering of the dwelling house of another at night with the intent to commit a felony therein. The question will often tell you that the jurisdiction has expanded the crime of burglary to include other types of buildings (such as offices or stores), or all …

When is Mistake a Valid Defense?

On an MBE question where mistake is the issue, we are either dealing with a unilateral mistake or a mutual mistake. Unilateral Mistake A unilateral mistake occurs when only one party is mistaken about a term (or terms) of the contract. Unilateral mistake is generally not a defense, and the mistaken party will be obligated …

Breaking Down Parol Evidence

The parol evidence rule might seem a little bit intimidating to some students, but with some practice it’s actually relatively straightforward. What is the Parol Evidence Rule? The parol evidence rule is about whether the parties to a written contract can bring in outside evidence of matters discussed prior to or during the time the …

3 Reminders for Bar Exam Day

“What did you find helpful when taking the bar exam?” is a question I’m never actually asked. But I’m going to tell you anyways, and perhaps you’ll find some of this beneficial. 1) Do Your Best to Relax I know this is easier said than done, but do your best to relax. At the end …

Protective Sweeps

Protective sweeps are an issue that will sometimes appear in Criminal Procedure questions, and if you understand exactly how they work you’ll be able to easily identify the correct answer. How Do Protective Sweeps Work? When they are allowed: When the police make a valid arrest and they have reason to believe that there might …