MBE questions about Miranda almost always involve whether a statement the defendant made to the police will be admissible. What Are The Miranda Warnings? If Miranda warnings are required, the individual must be clearly informed that: They have the right to remain silent, and anything they say can and will be used against them in …
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 …
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 …
Freedom of speech is among the most important Constitutional Law topics on the MBE exam, and It is crucial to understand when the government is allowed to regulate speech. Let’s break this down and make sure we do just that. The government must meet certain standards when regulating speech in what are known as public …
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 …
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 …
What is a Joint Tenancy? A joint tenancy can be created between two or more co-tenants. What makes a joint tenancy unique is the right of survivorship. This simply means that the moment one joint tenant dies, all of the property immediately goes to the other joint tenant. Example: A friend and I acquire a …
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 …
A buyer who purchases a piece of property secured by a mortgage either takes the property “subject to the mortgage,” or he “assumes the mortgage.” Subject to the Mortgage A buyer who takes the property subject to the mortgage is not liable for the mortgage debt. The seller agrees to continue paying the mortgage. Example: …
An employer will generally be held vicariously liable for the negligent actions of his employees (under what’s called the doctrine of respondeat superior). Example: I suffer a broken arm while pumping iron at Planet Fitness after slipping and falling on a spilled protein shake. A Planet Fitness employee was negligent in failing to clean up …