Contracts
33.3%of exam
Offer and AcceptanceConsiderationUCC Article 2 SalesStatute of FraudsContract Remedies
Criminal Law
33.3%of exam
HomicideMens Rea StatesProperty CrimesInchoate OffensesDefenses and Justifications
Torts
33.3%of exam
Intentional TortsNegligence ElementsStrict LiabilityProducts LiabilityDefamation and Privacy
Quick Facts
- Exam Format
- 100 multiple choice questions
- Scored Items
- 90 scored, 10 pretest
- Test Duration
- Two 90-minute sessions
- Total Time
- Three hours testing time
- Passing Score
- 560 scaled out of 800
- Exam Schedule
- June and October sittings
- Essay Status
- Essays eliminated June 2024
- Credit Window
- First three eligible administrations govern credit
Statute of Frauds Scope
MY LEGS marks contracts needing written evidence
Marriage promisesYear-plus performanceLand interest transfersExecutor debt paymentGoods 500 dollars or moreSuretyship agreements
UCC Versus Common Law
UCC Article 2
- Governs movable goods
- No mirror image requirement
- Good faith modification valid
Common Law
- Governs services and land
- Strict mirror image rule
- Pre-existing duty rule applies
Goods trigger Article 2
Contracts Law and Formation Picker
- Sale of movable goods→UCC Article 2(Tangible property)
- Services or real property→Common Law rules(Restatement Second)
- Mixed goods and services→Predominant purpose test(Majority factor governs)
- Additional terms between merchants→UCC Section 2-207(Check offer limits, materiality, timely objections)
- Price omitted by agreement→Reasonable price at delivery(UCC Gap Filler)
- Oral agreement for goods→Check Statute of Frauds and exceptions(500 dollar threshold)
Offer and Acceptance Rules
- Offer
- Objective manifestation of intentAssent
- Advertisements
- Presumptively invitations to dealDefault
- Lapse of Time
- Terminates after reasonable time
- Revocation
- Effective upon reliable notice
- Mailbox Rule
- Dispatch rule; receipt exceptions apply
- Option Contract
- Held open with consideration
- UCC Firm Offer
- Merchant signed assurance holds goods offerIrrevocable ≤3 months
- Option Acceptance
- Effective upon receipt, absent contrary terms
Option Versus UCC Firm Offer
Common Law Option
- Normally consideration; recognized exceptions apply
- Can exceed three months
- Applies to any party
UCC Firm Offer
- No consideration required
- Three-month maximum consideration-free irrevocability
- Must be signed merchant
Merchant writing dispenses consideration
Consideration and Estoppel
- Bargained-for Exchange
- Legal value exchanged reciprocally
- Pre-existing Duty
- Cannot serve as considerationCommon Law
- Past Consideration
- Not valid consideration
- UCC Modification
- No new consideration; good faith requiredNo New Value
- Promissory Estoppel
- Foreseeable reliance substituteRestatement 90
- Illusory Promise
- Lacks actual commitment
- Moral Obligation
- Generally insufficient; narrow exceptions apply
UCC and Statute of Frauds
- UCC Scope
- Transactions in movable goods
- Mirror Image Rule
- Common law acceptance matchCommon Law
- UCC 2-207
- Battle of the formsNo Mirror
- Statute of Frauds
- Writing required for enforcementDefense
- SOF Categories
- Marriage/year/land/executor/goods/suretyshipMY LEGS
- Merchant Memo Exception
- Merchants: written objection within ten daysSOF defense only
- Parol Evidence Rule
- Bars prior inconsistent terms
Remedies and Third Parties
- Expectation Damages
- Benefit of the bargainPrimary
- Reliance Damages
- Restores pre-contract position
- Restitution
- Prevents unjust enrichment
- Consequential Damages
- Foreseeable losses at formationHadley
- Specific Performance
- Unique goods or land
- Intended Beneficiary
- Can enforce contract rightsVesting
- Delegation of Duty
- Usually permitted; personal skill may bar
Inherently Dangerous Felonies
BARRK recalls common examples; apply jurisdictional limits
BurglaryArsonRobberyRapeKidnapping
Larceny Versus Embezzlement
Larceny
- Trespassory initial taking
- Victim had possession
- Intent formed at taking
Embezzlement
- Initial lawful possession
- Fraudulent conversion later
- Fiduciary position typical
Possession at taking controls
Criminal Homicide Level Picker
- Premeditated and deliberate intent→First-Degree Murder(Specific intent to kill)
- Killing during burglary or arson→Felony Murder Rule(BARRK enumerated felonies)
- Intent to cause serious harm→Second-Degree Murder(Common law malice)
- Extreme recklessness human life→Depraved Heart Murder(Second-degree level)
- Adequate provocation heat of passion→Voluntary Manslaughter(No cooling off)
- Criminal negligence without malice→Involuntary Manslaughter(Gross negligence standard)
Homicide and Mens Rea
- Malice Aforethought
- Required mental state for murder
- Specific Intent
- Intent to accomplish result
- General Intent
- Intent to commit act
- First-Degree Murder
- Premeditated and deliberate killing
- Depraved Heart Murder
- Reckless indifference to life
- Felony Murder
- Qualifying felony; merger/causation limits applyBARRK
- Voluntary Manslaughter
- Adequate provocation heat of passion
Common Law Murder Malice
Four mental states establish common law murder malice
Intent to killIntent serious bodily harmDepraved heart indifferenceFelony murder felony intent
Second Degree Murder Versus Manslaughter
Second-Degree Murder
- Malice aforethought present
- Depraved heart indifference
- No adequate provocation
Voluntary Manslaughter
- Malice negated by provocation
- Heat of passion killing
- No reasonable cooling period
Adequate provocation mitigates murder
Property and Inchoate Crimes
- Larceny
- Trespassory taking carrying away
- Embezzlement
- Fraudulent conversion lawful possession
- False Pretenses
- Title obtained by misrepresentation
- Robbery
- Larceny by force or threat
- Burglary
- Night: breaking, dwelling-entry, felony intentCommon law; another's dwelling
- Attempt
- Intent plus legally sufficient execution step
- Conspiracy
- Agreement plus required criminal intentOvert-act requirement varies
Criminal Defenses and Parties
- Accomplice Liability
- Intentional assistance; required criminal intentElements and scope matter
- Self-Defense
- Reasonable force against imminent harmJustification
- Defense of Others
- Reasonable belief victim entitled
- M'Naghten Insanity
- Cannot understand act OR its wrongfulnessCognitive
- Duress Defense
- Imminent threat of serious harm
- Voluntary Intoxication
- Defense to specific intent onlyLimited
- Entrapment
- Government induced unpredisposed person
Transferred Intent Tort Scope
Intent transfers across five historical trespassory torts
BatteryAssaultFalse ImprisonmentTrespass to LandTrespass to Chattels
Actual Cause Versus Proximate Cause
Actual Cause
- But-for causation test
- Factual connection required
- Substantial factor exception
Proximate Cause
- Foreseeable scope of risk
- Limits legal liability
- Superseding cause cuts liability
Both required for negligence
Torts Theory of Liability Picker
- Intentional harmful/offensive contact caused→Battery claim(Consent and privilege matter)
- Actor created imminent apprehension→Assault claim(Awareness required)
- Unreasonable conduct caused harm→Negligence action(Duty breach causation damages)
- Injury from characteristic wild-animal danger→Strict liability(Recognized defenses still apply)
- Commercial seller defective product→Strict products liability(Reaches consumer unchanged)
- Defamatory speech about official→Actual malice standard(High First Amendment bar)
Intentional Torts and Negligence
- Battery
- Intentional harmful/offensive contact, direct/indirect
- Assault
- Reasonable apprehension of imminent contact
- False Imprisonment
- Intentional unlawful confinement; awareness or harm
- Negligence Duty
- Foreseeable risk reasonable carePalsgraf
- Hand Formula Breach
- Burden less than probability lossB less than PL
- Res Ipsa Loquitur
- Inference of negligence from event
- Proximate Cause
- Foreseeable harm scope of liability
Battery Versus Assault
Battery
- Harmful OR offensive contact
- No awareness needed
- Includes attached items
Assault
- Apprehension of contact
- Immediate awareness required
- Context must create imminent apprehension
Contact versus reasonable apprehension
Strict Liability and Defamation
- Wild Animals
- Characteristic dangers; recognized defenses applyStrict; defenses remain
- Abnormally Dangerous
- High risk cannot eliminateStrict Duty
- Manufacturing Defect
- Departs from intended design
- Design Defect
- Risk-utility or consumer-expectations testTest varies by jurisdiction
- Failure to Warn
- Inadequate instructions or dangers
- Defamation
- False statement harming reputation
- Public Official Standard
- Knowing falsity OR reckless disregardNYT v Sullivan
Common Traps
Contract Modification Rules
Consideration generally required; exceptions apply ≠ UCC: no new consideration required
Mailbox Rule Rejection Race
Dispatch rule applies first ≠ Rejection first suspends mailbox
Embezzlement Possession Line
Larceny takes custody wrongfully ≠ Embezzlement starts with possession
Felony Murder Liability Scope
Apply merger causation and statutory limits ≠ Police/victim killings: agency limits
Assault Apprehension Requirement
Assault requires victim awareness ≠ Battery requires no awareness
Strict Products Liability Scope
Commercial sellers strictly liable ≠ Casual sellers: no strict products liability
Last Minute
- 1.100 multiple choice questions only
- 2.560 scaled passing score required
- 3.Two 90-minute testing sessions
- 4.UCC governs movable goods
- 5.Common law requires mirror image
- 6.Malice required for common murder
- 7.Felony murder requires jurisdictional limits
- 8.Battery includes indirect harmful/offensive contact
- 9.Assault requires reasonable apprehension
- 10.Pass within first three eligible administrations
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