Constitutional Law

Constitutional law is a body of law dealing with the distribution, exercise and limitation of government power. There are two main MBE and exam essay issues: 1) Standing and 1st amendment. 2) 14th Amendment. State action. Equal protection. Due process. The approach to answering essay and MBE questions. 1) Underline who’s passing the law. Is it [...]

Conflicts of Law

Conflict of laws is a set of procedural rules which determine which legal system, and the law of which jurisdiction, applies to a given dispute. The rules typically apply when a legal dispute has a foreign element such as a contract agreed by parties located in different countries, although the foreign element may also exist [...]

Contract and Sales

In law, a contract is a legally binding agreement between two or more parties that is enforceable by law. A legally enforceable contract is an exchange of promises with specific legal remedies for breach. The MBE  has thirty-four questions. Many are 2-5 questions from a single set of facts. Contracts and sales questions are alike [...]

Corporations/Business Organization

Business law is the field of law concerned with companies and other form of business organization. This area of law includes corporations, partnerships and other associations that does business for some form of economic or charitable activity. The most prominent kind of company, usually referred to as a corporation, is a legal person, having a [...]

Criminal Law

Criminal law, encompasses the rules and statutes written by Congress and state legislators dealing with any criminal activity that causes harm to the general public, resulting in penalties that include incarceration, and in some cases, even the death penalty. There are about twenty MBE criminal law questions. Test takers are responsible for common law definitions [...]

Criminal Procedure

Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. Municipalities, states, and the federal government each have their own criminal codes, defining types of conduct that constitute criminal acts. On the MBE there are approximately thirteen criminal procedure questions. The examine taker is [...]

Domestic Relations/Family Law

The law of domestic relations is also known as family law. Domestic relations incorporate contracts, constitutional law, tax, trust and estates, procedures and conflicts of law. As a result of an increase in federal laws adopted by states, there is greater uniformity in this area. Family law is an area of law that deals with [...]

Evidence

The law of evidence governs the use of testimony, or other documentary material, which is admissible to be considered by the trier of fact, (a judge or jury) in a judicial or administrative proceeding. Evidence includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the [...]

Federal Rules of Civil Procedure

The Federal Rules of Civil Procedure (FRCP) govern civil procedure for lawsuits in the U.S.  federal district courts. The FRCP are promulgated by the U.S. Supreme Court pursuant to the Rules Enabling Act, and then approved by Congress. The Court’s modifications to the rules are usually based upon recommendations from the Judicial Conference of the [...]

Real Property

Real property is property that includes land and buildings, and anything affixed to the land. For a business, real property would include warehouses, factories, offices, and other buildings owned by the business. Real property only includes those structures that are affixed to the land, not those which can be removed, such as equipment. Property signifies [...]