Bar Exam Mnemonics Practice Test

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When is a rejection of an offer effective under contract law?When is a rejection of an offer effective?

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Attachment may be used in which scenario?
Which acronym is used to remember self-authenticating document categories?
In the acronym DISMAL, which item indicates a void marriage?
Which option describes valid service on a New York corporation?
Which proceeding triggers the right to counsel in criminal cases?
The VCR acronym describes the three elements required for attachment. Which option lists all three elements?
Which term refers to government restrictions on speech before it occurs?
Under the seller's damages, when reselling in good faith, how are resale damages calculated?
Which option correctly states a method that does not accomplish rape under the MBE-style definition?
What does attachment involve?
Under New York law, which scenario matches Rape 1 involving sex with a person who is physically helpless?
Which defense to intentional torts involves voluntary agreement to allow the invasion of rights?
Under the possession rule, what is required to establish possession?
Which scenarios create irrevocable offers under common law?
Bodily integrity matters under substantive due process include which of the following?
In the ICE acronym for character evidence, what does 'I' stand for?
In the land contract mnemonic 'Signed Writing Describing Land & Consideration', which item is listed first?
Finishing a job late constitutes a breach only if what condition is met?
For a Motion on Notice, which statement correctly identifies the required advance notice?
Which term describes a penalty clause that is generally unenforceable?
Which term best describes actions that are considered malice?
Under the merger rule, which offenses merge?
Which of the following is a possible response to a Summons and Complaint?
What is the process after a Motion on Notice is decided? What is the time limit for appealing the order?
MBE: General Intent mapping?
Which factor is considered after the general rule when determining risk of loss for goods delivered by common carrier?
Which element is NOT part of the Lemon Test for Establishment Clause analysis?
Which is a basic requirement for a valid will?
Under ENDCRAMP, which item indicates the easement ends when the necessity ceases?
Which of the following is NOT part of the MRS BAKER list of inherently dangerous felonies?
Which option is NOT an aggravating factor for NY murder?
In a third-party impleader, after the original defendant has served an answer, what may the defendant do regarding third-party impleader?
What is a Requirements Contract?
For a Motion on Notice, when is the motion considered served?
Which of the following is NOT an exception to the rule that an offer may be revoked before acceptance?
NY: Knowledge definition?
What is the deadline to answer when service is by personal delivery in New York?
Under the Uniform Commercial Code, which article governs secured commercial paper?
Which defense asserts a party lacked the mental capacity to understand the nature of the contract at formation?
If service by mail with acknowledgment is used, how many days after acknowledgment does the defendant have to answer?
Which constitutional provision authorizes Congress to prohibit private racial discrimination via interstate commerce?
Collateral estoppel: which statement is true?
Under New York law, which scenario represents Rape 1 when the victim is under 11?
What is required to raise an insanity defense?
What does the CARFAN mnemonic stand for in an assigning memo?
Which of the following is part of the process for securing an Order to Seize Chattel?
To apply the Fourth Amendment, which of the following is required?
Which scenario qualifies as Aggravated Homicide in NY?
What is a requirements contract?
Which is NOT a base of general jurisdiction in NY?
If a Notice of Pendency is filed incorrectly, what remedy is available?
In the sale of goods, when a buyer covers in good faith, how is cover damages calculated?
Which of the following is a required element of a quasi-contract?
Which of the following is a quasi-suspect class?
What is the name of the offense involving taking a relative under 16 from lawful custodian with intent to hold for a protracted period?
Under the MPC, when may a person resist arrest with non-deadly force?
What is a Preliminary Injunction?
Which elements are indicated as qualifying factors for Aggravated Murder in New York according to the notes?
In constructive possession analysis, which factor is NOT listed as a consideration for CDS possession?
Which amendment addresses the privileges and immunities of national citizenship for citizens?
What are the two forms of process available?
Adequate assurance for performance is available when
Which clause authorizes Congress to prohibit private racial discrimination via interstate commerce?
Which is a requirement for an easement by prescription?
Which is a recognized exclusionary rule exception listed under NIP BUG?
Which doctrine describes a non-justiciable barrier when a case involves a non-justiciable political question?
Which amendment guards against unreasonable searches and seizures?
What is the insanity defense requirement?
After a Motion on Notice is decided, what must the prevailing party do?
Which statement best identifies the '3rd Party' in a third-party beneficiary contract?
In NY, who bears risk of loss in a lease of goods, and what is the exception?
Which criterion describes Vehicular Assault 2 in NY?
Which statute governs corporations in New York?
Which statement correctly characterizes Murder 2 in NY?
Which of the following is NOT categorized as a form of homicide under the VAC framework in NY?
Mandamus to compel is a ground under Article 78 to compel performance of an act required by law (applies to corporations).
Ex Parte Motion — (i) what is it, (ii) when is it used, (iii) what are the opponents remedies?
In the MRS BAKER mnemonic, the letter R stands for which crime?
Under the doctrine of adequate assurance, when may a party request adequate assurance of performance?
Which of the following is NOT a basis for general jurisdiction in New York?
Which of the following is a criterion listed for Aggravated Murder in NY?
If Assignment is prohibited by contract, what is the effect?
Which term refers to non-binding opinions sought by the judiciary and not binding on courts?
In the Never Heed Legal Drive approach to negotiable instruments, what is the first question to ask?
Which right is a fundamental privacy right under CAMPER?
Which of the following is listed as one of the three crimes that constitute Manslaughter in the Second Degree in NY?
What distinguishes kidnapping from ordinary false imprisonment?
If neither form of process is used, what is the effect?
To obtain Long-Arm Jurisdiction in a Matrimonial Action, the plaintiff must be a resident, and which additional condition may apply?
In New York law, what describes Recklessness?
Which factor is described as a serial murder aggravating factor in NY law?
Implied Warranty of Fitness for a Particular Purpose arises when?
Which two crimes constitute MBE Assault?
Which of the following is NOT one of the three crimes that constitute Manslaughter in the First Degree in NY?
An implied warranty disclaimer can be made by stating as is.
Which element is described by the W in the Deeds Need Simple Words mnemonic?
Which remedy challenges the results of a trial-type hearing by an administrative agency to see if the results are supported by substantial evidence?
Under New York law, which scenario constitutes Rape 2?
Regarding a settling tortfeasor, which statement is correct?
In New York, is legal impossibility a defense to conspiracy?
Identify the express conditions types.
Which step in the Contracts & Sales essay approach addresses remedies and damages?
How many jurors must agree?
In contract law, which statement is true regarding impossibility as an excuse for performance?
Which of the following is a method that discharges performance of a contract?
In the MRS BAKER mnemonic, the letter B corresponds to which crime?
What is the statute of limitations for municipal tort liability and the related notice requirement?
Which component of the minimum contacts analysis focuses on whether the defendant purposefully engaged with the forum state?
Under New York law, which scenario qualifies as Kidnapping 2?
If a contract for the sale of goods has an open price term, what does the court typically do?
Which grounds are included for rescission under the MUMIII mnemonic?
Which statement describes NY 1st Degree Arson?
Regarding advertisements, which statement is generally true?
Which statement about general jurisdiction bases in NY is true?
Under the Lemon test, which element requires the law to have a secular purpose?
For NY VTL non-resident motorist matters, which statute is linked to wrongful death?
Knowledge of weight of a controlled substance is not an element; knowledge of what is required?
Which is a warrant exception to the probable cause requirement?
Under the MPC, deadly force to prevent a crime is justified when the offense is what?
Venue in NY for a case involving real property is located in which county?
Which covenant among the six covenants of title ensures there are no undisclosed encumbrances against the property?
Who can rescind or modify a contract involving a third-party beneficiary before vesting?
Promissory estoppel requires foreseeability of reliance that makes a promise enforceable without consideration. Which statement reflects this concept?
Which statements are true about filing a Notice of Pendency?
In the C-ELVIS framework, which purpose corresponds to the letter E?
What does the Contract Clause prohibit?
Under NY Larceny Rules, which offenses are categorized as Larceny?
Which statute governs practice in New York courts?
What does COIL stand for in Fiduciary Duties?
Which is a valid T-Sub asset according to the material?
If a motion to dismiss is denied, the party must respond by filing an answer within how many days?
Under New York law, which statement describes Kidnapping 1 vs Kidnapping 2?
In New York law, what describes Knowledge?
Which statute is a Real Property statute?
Statute of limitations for strict liability of products claims?
Under the MPC, when can the initial aggressor use deadly force?
Which statement defines Battery's elements in common law?
Which of the following is NOT part of the BRAKES list of felon murder offenses?
Which term refers to 'a desire to achieve a specific result'?
What is implied acceptance?
Res Judicata means...
Under strict liability rules, which category is listed as a strict liability category in the notes?
If the only remaining issue after a Motion for Summary Judgment is damages, what may the court do regarding liability and damages?
What are the two alternatives to outright acceptance and what are their effects?
Which tests are used in insanity determinations?
If no time for acceptance is stated, an offer lapses after what?
Which roles can be served on a NY corporation?
Which statute addresses wrongful death in New York?
Which item is listed as an express enumerated power of Congress in the mnemonic?
How is rape defined on the MBE-style notes?
Under NY law, which article governs the lease of goods?
Which statement is NOT an aggravating factor under NY law?
In the PING mnemonic for easements, which category represents creation by necessity?
Which motion initiates a request for a TRO ex parte?
In a matrimonial action, long-arm jurisdiction may be obtained if the plaintiff is a resident and which condition is satisfied?
For a defendant sued in New York for general jurisdiction based on doing business in New York, where may service of process be effected?
Under Article 2, an acceptance that changes a term is valid only if all of the following apply. Which option correctly identifies the applicable condition set?
Collateral estoppel applies to prevent re-litigation of what kind of issues?
Which of the following is an aggravating factor for NY murder?
Under UCC Article 2, which two elements must a writing contain to satisfy the Statute of Frauds?
According to the Federal Rules of Civil Procedure WASP mnemonic, which option is classified as personal service?
Arson: The arson concept suggests arson involves burning what?
Rescission requires what?
How is tolling defined for plaintiffs who are minors?
Which amendment granted women the right to vote?
Under the Statute of Frauds for sale of goods, which document can satisfy the writing requirement between merchants if not objected within 10 days?
If attachment is improper or if the defendant wins on the merits, what remedy may be awarded to the defendant?
In NY, the necessity defense requires the belief to be what?
Which statement correctly states the general statute of limitations for medical malpractice and its exceptions?
Which of the following is NOT one of the four situations in which CPLR Article 16 does not apply?
Which statement about larceny and claim of right is accurate?
What is a Temporary Receivership?
Under CREATES DICE, which item corresponds to the power over elections?
If a plaintiff was a New York resident when the out-of-state action arose, which statute applies?
Under NY law, if a defendant reasonably mistook the need for self-defense...
Which mental state is associated with recklessness in homicide-related offenses?
Which statement correctly describes the distinction between Robbery 1 and Robbery 2 in NY?
In the Federal service WASP mnemonic, what does the letter W stand for?
Which item is the correct element for the Independent Source exception to the taint under the Fruit of the Poisonous Tree?
Which of the following is true about trespassory taking in relation to larceny?
For a will to be admissible to probate in New York, which factor is essential?
Which of the following statements are true regarding warranty disclaimers?
Which statement best defines false imprisonment?
According to the material, in what circumstance do you not need personal jurisdiction over a matrimonial action?
Which of the following is listed as an exception to a minor's capacity to contract?
Which combination best describes the conditions for obtaining a temporary receivership?
The Contract Clause prohibits states from enacting any law that retroactively impairs contractual rights.
In tolling when the defendant is absent from New York when the cause of action accrues, which statement about tolling is correct?
The Eighth Amendment prohibits cruel and unusual punishment. Which of the following also reflects protections under the Eighth?
What are the two requirements to satisfy an Art. 2 Satisfactory Writing under SoF?
In RAMPS standing criteria, which item is NOT part of the requirements?
The Necessary and Proper Clause authorizes Congress to enact all laws ...?
What is the purpose of a Motion for Summary Judgment?
Dealing with multiple assignments for consideration: which prevails?
Which statement best describes termination of an offer by lapse of time?
Which term in the IC SOM LACE framework corresponds to a non-hearsay purpose related to a witness's state of mind?
Which statement best defines Malice in criminal law?
What is the definition of NY Vehicular Homicide?
In NY law, what does CL stand for?
Which groups lack capacity to contract?
Where must the testator place their signature on the will for validity?
In a municipal tort liability claim, what is the statute of limitations from the date of the accident and what is the required notice of claim timing?
Which action is listed as a termination method for easements in the mnemonic?
Under common law, a writing satisfying the Statute of Frauds must include which two elements?
What is the mnemonic used to organize grounds for dismissal?
Tolled SoL for absent: which statement best describes the exception related to personal jurisdiction?
If a contract for the sale of goods leaves price term indefinite, the term is known as a
Which of the following is a factor for proper venue in civil actions?
What is the time limit for making a Motion for Summary Judgment?
Who can invoke the Dormant Commerce Clause?
Which of the following is a provisional remedy that involves a court order for seizure of a chattel?
Under NY law, Rape 2 requires the victim to be under 15 and the defendant to be 18 or older.
How does π get a Preliminary Injunction and what 3 things must it allege?
Which item is the first in the NO AC mnemonic representing a defense to contract formation?
Impossibility of a contract may be excused in the presence of which factor?
Which statement best contrasts NY False Imprisonment 1 and 2?
What must accompany an Order to Show Cause after it is signed?
Larceny in the third degree corresponds to theft over what amount?
In the ABC FITT mnemonic, which tort corresponds to the letter C?
Which clause requires that a higher authority’s laws take precedence over conflicting state laws?
Which form of standing allows a party to sue on behalf of others not before the court?
Which amendment established the direct election of United States Senators by the people?
Which statement defines Assault 2?
How long is a merchant's firm offer to keep an offer open irrevocable under the UCC?
What constitutes misdemeanor custodial interference in NY?
To obtain a Preliminary Injunction, which of the following is NOT required in the affidavit of support?
Wrongful death claims in New York are addressed under which statute?
Which element is associated with the standing test as necessary for redressability?
Good Faith Reliance: Which item supports good faith reliance under DCS?
Which of the following is a common law felony used for impeachment by prior conviction?
What is an Order to Seize Chattel?
Which statute defines criminal law in New York?
When is a rejection of an offer effective under common law?
In common law, past consideration is generally:
Which of the following is a method by which rape can be accomplished under the MBE definition?
Which acronym represents the elements required for adverse possession?
Which statement best describes how to preserve the right to a jury trial in a civil case?
If a plaintiff dies, how long can her duly appointed representative sue on her behalf?
In misrepresentation, which element is essential for liability?
Under the general rule, a forged signature is not effective as the signature of the person named. Which option best states that rule?
Under mail with acknowledgment service, the 20-day response period starts after what event?
What is the effect of starting performance in a unilateral contract?
The Substantial Capacity Test is used by which jurisdiction?
Who may serve process outside New York?
What is the name of the New York statute governing agency and partnership?
Which remedy stops a judicial officer from exercising power beyond the judge's jurisdiction?
SPOT issues: which concerns whether the expert's opinion has sufficient factual basis?
To properly serve process on an infant in NY, who must be served?
Duress requires forced to commit a crime due to threat of imminent death or serious bodily injury to self or a close family member. Is duress a defense to homicide?
The Combination Test for Insanity is associated with which framework?
In the personal jurisdiction framework, which subfactor considers the state's interest?
Which statement correctly identifies forms of process?
Which of the following is an exception to the mailbox rule as to when acceptance is effective?
Which statement best defines negligence?
What is the general rule about using force to protect property as a defense?
What is the general purpose of provisional remedies?
Under service by mail with acknowledgment, the 20-day period to answer begins after which event?
Which action allows a landowner to reclaim land wrongfully withheld by another?
In the CAN STRIP SEARCH warrant exceptions, which phrase represents a 'Special Needs' exception?
In New York law, what describes Negligence?
When can π get a Temporary Receivership?
Which item is NOT one of the four things needed to file for a matrimonial action?
Which constitutes valid service of process on an unlicensed foreign corporation in New York?
Which statement best describes when res judicata applies to claims against a defendant?
To what extent must the term 'merchantability' appear in a disclaimer of an implied warranty of merchantability?
Mens rea of statutory rape under MBE is:
What is the deadline to answer when service is not by personal delivery or by mail with acknowledgment?
Under which body of law is a requirements contract acceptable?
What does the Full Faith & Credit Clause require regarding recognition of other states’ judicial decisions?
CL: Specific Intent mapping to description?
Under products liability, the statute of limitations for negligence is how many years from the date of injury?
Which category is typically reviewed under intermediate scrutiny for speech regulation?
Under the necessity defense, what must be shown about the harm avoided and the harm caused?
Under the Wharton Rule, which statement is correct?
Under the UCC, what is required for a merchant's firm offer to keep the offer open?
Under NY Retreat Rule, when may a person use deadly force?
How is tolling calculated for insanity?
What describes General Intent?
In incapacity cases, the incapacitated party is liable for the reasonable value of what?
What does the Wharton Rule state about conspiracy?
Which of the following is NOT a valid way to satisfy the summary judgment burden?
What are the 5 steps needed to obtain a TRO?
Which two conditions are required for an easement by necessity?
If the defendant dies before the wrongful death claim is filed, the statute of limitations is tolled by adding how many months?
Under ESCAPIST, which category covers evanescent evidence in warrantless searches?
Which is an aggravating factor that can heighten a murder charge?
Which framework uses strict liability for statutory rape?
Under the 'PIT' framework, which standard is used to evaluate a statute's constitutionality when the government asserts a legitimate public interest?
What is the process after a Motion on Notice is decided, and what is the time limit to appeal from the order?
Which additional element can elevate misdemeanor custodial interference to a felony?
Which of the following is an aggravating factor for Murder in NY?
Which term describes the Miranda exception allowing questioning when there is a public safety concern?
Which clause prohibits discrimination against non-residents by a state?
Under the 15th Amendment, which actor cannot prohibit voting on the basis of race?
Which of the following constitutes a breach?
Entrustment: An owner who entrusts goods to a merchant who deals in those goods has no rights against a BFP. Who has no rights?
What is the general rule of incapacity defense?
The Privileges of Citizenship, as described in the 14th Amendment, requires states to grant citizens what?
Which of the following is NOT an inchoate crime?
A novation is
Which defense is the public necessity?
Under joint-n-severable liability, which statement is true?
Under which body of law is a requirements contract acceptable?
Under New York law, murder occurs when a person with intent to cause death of another causes the death of such a person or a third party.
Which is NOT a valid method to serve process on an unlicensed foreign corporation?
In a bilateral contract, what is the typical effect of a party beginning performance?
Which of the following is an explicit exception to the Statute of Frauds rules in NY?
Which factor relates to being in custody or escaping custody in NY murder law?
NY: Intent mapping?
Which defense asserts that the defendant's actions were permitted by law or official authority?
Which residency scenario triggers automatic eligibility for a matrimonial action after 2+ years of NY residency?
In which situation may a Preliminary Injunction be issued?
In the MRS BAKER mnemonic, the letter E stands for which offense?
Implied Warranty of Fitness for a Particular Purpose applies when the seller knows the buyer has a special use for the goods.
Which statement best defines kidnapping?
Under UCC Article 2, when can an acceptance that changes a term be valid?
What are the 3 parts of a Motion on Notice?
Under the necessity defense, the conduct must be considered necessary to prevent a greater harm; is necessity a defense to homicide?
What best describes an illusory promise?
Under incapacity rules, the incapacitated party is liable for the reasonable value of what?
Which groups lack capacity to enter into a contract according to the material?
Name the clause that resolves conflicts by giving priority to federal law.
Tolled SoL for a plaintiff’s infancy: which statement is correct?
Which of the following is a provisional remedy?
Which action is NOT listed as a presidential power in the DRAP VOTER mnemonic?
Which of the following is a warrantless search exception?
In New York law, which mental state is satisfied by being aware of or practically certain that conduct will cause a risk?
Which scenario constitutes 1st Degree Burglary under NY law?
Which contract defense involves a mistaken belief about a material fact at the time of contract formation?
In the ABC FITT mnemonic, which tort corresponds to the letter T?
The Takings Clause is found in which amendment?
Which article covers secured transactions under the Uniform Commercial Code?
What is the 'Substantial Step' test associated with attempt?
Statute of limitations for breach of warranty?
Under LOG PITS vs T-Subs, which asset is NOT listed as a LOG PITS item?
Is withdrawal a defense to conspiracy?
Which of the following is NOT a requirement of collateral estoppel?
Which amendment contains the enabling clause prohibiting racially discriminatory action by anyone?
CL: Malice mapping to description?
In a third-party impleader, after a defendant files a third-party complaint, within how many days must the defendant serve a copy on both the third-party defendant and the plaintiff?
Which set lists the felonies included in the Felony Murder Rule under the BARRK mnemonic?
Arson: According to the arson concept, arson involves burning what type of property?
CUT stands for Creation, Use, Termination. Which is NOT part of CUT?
What is the entrapment defense requirement?
In the Contracts & Sales essay approach, which step asks 'Have the parties performed their contractual obligations (the terms just discussed)?'
Which of the following is an impeachment technique involving prior inconsistent statements?
Which best describes the fundamental characteristic of embezzlement?
Under the statute of frauds, which element is not required for a land contract to be enforceable?
Which is a threshold issue to determine arbitration applicability?
Which of the following is NOT a MIMIC Plus non-propensity purpose?
Under the Non-Resident Motorist Statute, how is service effected?
Which type of assumption of risk involves an express agreement to waive liability?
When do the TPB's rights vest?
Which degree of criminal mischief covers intentional or reckless damage of $250 or more?
Under New York law, which scenario corresponds to the Rape 1 offense involving a victim under 13 and a defendant 18 years or older?
Under New York law, which statement best describes an offense involving a person incapable of consent (not due to age)?
Which statement is true regarding personal injury limitations and suits against architects or engineers?
Implied Warranty of Merchantability requires goods to be fit for a buyer's what?
In the privacy CAMPER mnemonic, what is the fifth topic?
Under general jurisdiction based on presence in New York, where must service occur?
Which of the following is NOT one of the five threshold issues to decide arbitration applicability?
According to the material, at what age is prosecution fully allowed without rebuttable presumption?
Which concept is described by restrictions on when, where, and how speech can occur?
The Enabling Clause is associated with which amendment?
Besides the general rule, which factor determines who bears the risk of loss in a sale of goods?
What is a release?
Which statute governs criminal procedure in New York?
Which statement best describes false pretenses?
Which statement best defines embezzlement?
What is the statute of limitations for a wrongful death claim?
Which statement best describes the general rule about when acceptance must be communicated?
What are the three components of standing?
Which term is NOT one of the three S’s for the Fourth Amendment applicability in the provided mnemonic?
Which combination lists all four exceptions to the Statute of Frauds under SWAP?
Which of the following is NOT a basis for proper venue under the VERB framework?
Which items constitute the Second Degree Murder elements under the WKBC mnemonic?
Which factor listed in DISMAL concerns the surviving spouse's financial status?
What is the defining element of burglary in the traditional formulation?
Under vicarious liability principles, which relationship is described as the parent-child agency arrangement?
In settlements among tortfeasors, what is the effect on non-settling tortfeasors?
In adverse possession, which element refers to possession continuing without interruptions?
For service by mail, when is service effective?
How to obtain a jury trial?
Which action allows a rightful owner to regain possession of chattel wrongfully withheld by another?
Which of the following is NOT a category of Murder 2 in NY?
If process is personally delivered in New York, how many days does the defendant have to answer?
What is an Order to Show Cause?
Voluntary manslaughter provocation concept: which statement best describes the provocation requirement?
Which amendment established nationwide Prohibition of alcohol?
An Express Warranty in the sale of goods arises from which of the following?
For a seller who is a 'volume dealer', when may the seller recover lost profits?
In hearsay, an out-of-court statement is NOT offered for its truth when it is offered to show the declarant's capacity to observe, recall, or relate information?
What is the minimum number of witnesses required for a valid will?
In what circumstance is a Notice of Pendency required?
If the buyer breaches, what damages are owed?
Aggravated Homicide in NY is typically associated with killings in the line of duty.
Mortgages in New York are also associated with which other statute?
CPLR stands for which of the following?
Which provision empowers Congress to enforce the 14th Amendment?
In the IRA due process balancing test, which factor is considered?
Venue may be proper in which of the following?
Which of the following statements is true about Manslaughter II mens rea as described?
DRL stands for which New York statute?
Specific performance is an equitable remedy available under which description?
In contract law, economic duress typically requires what kind of coercive action?
NY Murder 1 requires which elements?
Which law governs a contract involving goods?
Promisee is liable to TPB only if TPB is a creditor beneficiary. Which option is correct?
Which of the following is a valid basis to oppose a motion to amend a pleading?
What is the name of the New York statute governing wills?
What are the impeachment requirements?
Which statute governs sales of goods in New York contracts?
Under NY practice, when is a party generally barred from moving for summary judgment before the defendant answers?
Which of the following is not listed among the five defenses in the material?
Implied affirmation occurs when the incapacitated party retains the benefit after gaining capacity.
Which element must be present for a disclaimer of the implied warranty of merchantability to be valid?
What is a TRO and when can π get one?
Under New York law, the duress defense can be used to negate a homicide charge.
What are the requirements for service by mail in NY?
What does the MBE, MPC, and minority jurisdictions say about statutory rape's mens rea?
Delegation of Duties: What is the general rule regarding delegation without consent?
Which of the following is a situation in which an Order to Show Cause may be filed?
What cannot be relied on to satisfy the SJ burden?
In the DOPSS basis for personal jurisdiction, what does the second 'S' stand for?
Article III of the U.S. Constitution pertains to which branch of government?
MAP GO FAP: Which item corresponds to appeals as a matter of right?
Under the Non-Resident Motorist Statute, how is service effectuated?
In settlements among multiple tortfeasors, how is a judgment against a non-settling tortfeasor adjusted?
Which action is explicitly excluded from long-arm jurisdiction in New York?
Which of the following is NOT a basis for personal jurisdiction under the DOPSS mnemonic?
What does the Felony Murder Rule state?
Which statute is the criminal code of New York?
An inchoate crime among the listed options is which of the following?
What is the purpose of a preliminary hearing?
For the seller, when is the contract price the proper measure of damages because the goods cannot reasonably be resold?
For a release to be enforceable, the release must be
Which of the following is NOT a listed ground for divorce in the mnemonic?
Which statement best describes the five long-arm bases for NY jurisdiction?
What is the required mental state for false imprisonment in common law?
Which statement about NY false imprisonment is true?
Which remedy is a monetary damages remedy for imperfect goods?
Which rights are protected by the First Amendment according to the material?
In C-ELVIS, what does the letter V stand for?
Which statement best describes the correct interpretation of strict scrutiny?
Which of the following is not among the five types of long-arm jurisdiction described?
Which event terminates an offer due to the destruction of the subject matter?
For a will to be valid, witnesses must sign within how many days of each other?
Which set of offenses is represented by the BRAKES acronym for felon murder crimes?
What is the exception to tolling when the absent defendant has a basis for personal jurisdiction?
Which of the following best describes the Statutory (20-year) period element for adverse possession?
Which describes the avoidable damages concept?
What is the legal status of unsolicited goods mailed to a recipient who did not request them?
Which offense is NOT included in the Robbery Run mnemonic?
Which is NOT a remedy for a buyer when a seller delivers imperfect goods?
In sale of goods, what are resale damages measured by?
If a seller commits improper performance in delivering goods, what is the typical contractual result?
Which of the following is a category of fundamental rights under substantive due process?
In the BRAKES acronym, which term corresponds to the letter E?
NY: Knowledge mapping?
Which remedy is typically used when monetary damages are inadequate?
Which of the following is NOT a ground for filing an Article 78 petition?
Under the MPC, non-deadly force to prevent a crime is permissible for which scope of offenses?
Which statement best describes intermediate scrutiny?
Can an express warranty be disclaimed?
Which remedy compels performance of an act required by law and applies to corporations?
Under the UCC, when is a firm offer created?
Under the seller's damages, if the seller does not resell in good faith or does not resell, which formula applies?
A civil party has a right to trial by jury for which action?
Which statute covers Leases in New York?
Under MBE release requirements, what is required?
Which set of statements correctly lists prerequisites to obtain specific performance?
Where is the signature placed on a duly executed will?
Which offense is a Specific Intent crime against the person?
Under New York law, which statement is true about impossibility as a defense to conspiracy?
Which of the following is NOT included in the BARF FLEM mnemonic as listed offenses?
Under the time-barred debt rule, a written promise to pay by the debtor is enforceable even without consideration.
Under the FAHU mnemonic for Federal Preemption, which factor is listed as a consideration?
Which clause prohibits retroactively impairing contractual rights?
Under the Six Types Of Non-Hearsay, which example illustrates a Verbal Act?
What is the statute of limitations for professional malpractice?
Which is a valid basis to choose venue in NY?
What is the required mens rea for solicitation?
Ex Parte Motion: what is it, when is it used, and what are the remedies available to the opponent?
Under which clause are states required to recognize the judicial decisions of other states?
Which item addresses misrepresentation or nondisclosure of a material fact in MEAN PLUM?
Is past consideration valid under common law?
Element character evidence is admissible in rare contexts such as defamation. Which option correctly identifies one such context?
Indemnity is commonly applicable in which scenario?
Which of the following is a dying declaration among the hearsay exceptions listed?
Under tolled SoL for an absent defendant, which statement is correct?
When a plaintiff is a non-resident of New York and the action arose in another state, which statute of limitations applies?
Under Miller's obscenity test, which factor is described as offensive sexual conduct depicted?
To preserve the right to a jury trial in a civil case, what must a party do?
Which degree of New York Criminal Mischief covers intentional damage of property valued at $1500 or more?
In a personal injury claim, if a joint tortfeasor is not more than 50% at fault and the plaintiff has sustained non-economic damages, the defendant can be required to pay only which of the following?
What constitutes Misdemeanor Custodial Interference in New York?
Which is NOT a type of liability on a negotiable instrument?
Which statement correctly describes the rule and exception for revocation of acceptance of goods already accepted?
Which is one of the four exceptions to the Parol Evidence Rule?
Which example is a time, place, and manner restriction?
CL: Malice describes which of the following?
Which statement best describes an option contract?
Which statement accurately describes NY assault degrees?
Which rights are commonly evaluated under strict scrutiny in constitutional law?
Which standard applies to a state statute that is rationally related to a legitimate state interest?
Who can an obligee sue in a 3rd Party K?
Under constructive possession, which is true?
Which standard of review requires a compelling government interest?
Under secured transactions, which party generally has priority over a lien creditor when there is a perfected and attached creditor?
Under the FIDO categories, which statement about fighting words is true?
When can a seller cure an imperfect tender?
Which issue involves restrictions that are overly broad or vague?
Which statement is true regarding tavern owners' liability for injuries caused by intoxicated patrons?
Which set of rights is included among the privacy-related rights often analyzed under strict scrutiny?
Which party may amend the complaint to assert a claim against the third-party defendant?
What is the Purpose of a Motion for Summary Judgment?
Which amendment contains the Substantive Due Process protections discussed?
Inchoate Crimes include which offenses?
Which statute governs Wills in New York?
Which Act addresses risk of loss between vendor and purchaser in real property transactions?
Article III pertains to which branch?
What are the two types of self-defense defenses recognized under the MPC?
The 11th Amendment primarily limits which court from hearing certain claims against states?
Which scenario best illustrates a valid example of forbearance as consideration?
Under the Perfect Tender Rule, which contracts does it apply to?
The acronym CRI in standing stands for which trio of elements?
In New York, a written release is enforceable without consideration?
Under the Establishment Clause, which is a required secular purpose for government action involving religion?
Accessory After the Fact: what describes the offense?
Which liability category corresponds to "Properly payable" in the instrument liability framework?
Which term describes 'intentionally or with recklessness disregard a known risk'?
Which statute governs Agency and Partnership in New York?
Which statement about the promisor's liability to an intended TPB is correct?
When is the existing duty extinguished under accord and satisfaction?
Under which circumstance can a plaintiff obtain a 6-month continuance on the SoL?
Which statement about a requirements contract is correct?
In the MAP GO FAP mnemonic, which item corresponds to the initial step involving counsel?
When does a civil party have a right to trial by jury?
In a DOWNFFALL motion to dismiss, which ground refers to the plaintiff's lack of capacity?
What is the definition of voluntary manslaughter?
To trigger the applicability of the Fourth Amendment, which trio must be present?
Which term describes a way that an easement can end by merging ownership interests?
What is the time limit for making a motion for summary judgment?
Which offense is a Specific Intent crime against property?
New York mental states include Intent, Knowledge, Recklessness, Negligence, and Strict liability. Which mental state is defined as knowledge of practically certain results?
In tort causation, which test is used to determine causation in fact when multiple defendants may have contributed to the harm?
Under common law, does substantial performance suffice?
What is the maximum time to commence a municipal tort claim after the accident?
What can be consideration?
In the VAC framework, which term is represented by the letter E?
What is the process for an Order to Seize Chattel?
The Perfect Tender Rule applies to which type of contract under the Uniform Commercial Code?
Who can an obligee sue in a third-party beneficiary contract?
Which elements constitute an offer under contract law?
Which element distinguishes robbery from other property crimes?
The Establishment Clause protects freedom of which?
Under common law expectation damages, if the seller breaches, what damages does the buyer recover?
Which privacy tort involves portraying a person in a false or misleading light?
The Privileges & Immunities Clause is associated with preventing discrimination by states on what basis?
Which constitutional principle establishes that federal law prevails over conflicting state laws?
For indemnity and contribution claims, what is the statute of limitations and from what event does it run?
Which statement correctly defines 4th Degree Arson?
A contract modification is effective immediately when?
Which of the following is the complete set of PER exceptions under the 'DAM FOIL' mnemonic?
General Rule of Delegation of Duties?
For exposure to a toxic substance, when does the statute of limitations begin?
What is a novation?
Which terms are required to be definite and certain to form a contract, commonly remembered as IPSQUD?
Which of the following is NOT a category under the VAC acronym for homicide in NY?
Education for illegal alien children is categorized as which type of class?
A non-settling tortfeasor's judgment is reduced by which amount?
For a buyer in a sale of goods, which damages measure applies when the buyer covers in good faith?
Which amendment is associated with preventing states from grossly unreasonable discrimination?
Which statement correctly describes the accrual point for personal injury actions in non-medical contexts?
Which statement best describes a kidnapping 1 scenario under NY law?
Which defense allows a merchant to detain a shoplifter briefly when there is reasonable belief of theft?
Which is a power that enables the United States to engage in war?
Which is NOT a base of specific jurisdiction?
Which of the following is NOT one of the MRS BAKER felonies?
Which statement is true about Non-Compete Restrictive Covenants in this material?
In the context of an attempt, the 'Dangerous Proximity' standard requires the defendant to be in what relation to completing the crime?
What does 'inchoate' mean in criminal law?
What does the Bill of Attainder prohibit?
COILED: Which duty is represented by the first 'C' in COILED?
The Privileges & Immunities Clause is a feature of which article?
Which factor has the highest priority in interpreting contract terms?
What should the testator declare to attesting witnesses to establish validity?
Which events terminate an offer?
What is a TRO and under what circumstances can π obtain one?
If the buyer keeps non-conforming goods, how is loss in value measured?
What method is used for service by mail for a NY corporation?
A third-party impleader is used when:
Which is one of the four crimes that qualify as Rape 1 in NY?
When serving process on an infant, which individuals must be served?
Which amendment sets forth the presidential line of succession and procedures for presidential disability?
Which item is listed under Express Enumerated Powers relating to the capital and territories?
Which of the following are not offers but invitations to deal or preliminary negotiations?
Under the residency rules for matrimonial actions, which scenario constitutes 0 years of residency?
Lost profits damages for a seller: which statement is true?
Under common law, does conspiracy require two guilty minds?
Mutuality of remedy is a prerequisite for specific performance. Which statement best describes it?
The right to a speedy and public trial, an impartial jury, and counsel is protected by which amendment?
What is the general rule regarding revoking an offer before it has been accepted?
The 11th Amendment primarily prevents federal courts from hearing private and foreign claims against which entity?
What does general intent in criminal law require?
Which defense arises when the plaintiff gave consent to the conduct that caused harm?
Which is NOT a CL mental state?
Which statute governs criminal procedure in New York?
When does the personal injury statute of limitations generally accrue?
Under the 15th Amendment, who cannot be prohibited from voting on basis of race?
Which defense requires that the government unfairly tempted the defendant to commit a crime and originated the idea?
A Totten trust is best described as a bank account in which:
The DISMAL mnemonic relates to issues in which area of law?
Which statute addresses non-resident motorists?
What is the Statute of Limitations period for Breach of Warranty?
Which sequence lists the five steps to obtain a TRO?
Under NY law, into which court does a person under 13 fall?
Under the PING mnemonic, which category indicates creation by prescription?
Under amendment by right, when does a party have one opportunity to amend?
Grounds to oppose a Motion to Amend Pleading
Which of the following best describes a withdrawal defense in New York law?
Which of the following is NOT part of the Art. 2a Satisfactory Writing requirements?
Which amendment prohibits a citizen of one state from suing another state in federal court without the consent of the state being sued?
Which clause prevents states from grossly unreasonable discrimination?
Which statement about the Lemon Test's 'Effect' prong is correct?
What is the purpose of a Motion on Notice?
In the mnemonic Deeds Need Simple Words, what does the letter W represent?
Under New York law, non-deadly force to resist an unlawful arrest is permitted when which condition occurs?
In New York, risk of loss for leased goods generally rests with whom?
Which description best captures the second form of false imprisonment in NY (knowledge that confinement is unlawful) ?
Which enumerated power relates to operating the national post office?
What is an Order to Show Cause?
In what circumstance don't you need PJx over a matrimonial action?
Which of the following can justify vacating an arbitration award?
In the context of a Motion on Notice, what is the return date?
Which statement about thoughts in criminal law is correct?
On what date do the terms of the President and Vice President begin after a presidential election?
Which option does NOT describe a non-hearsay use under I C SOM LACE?
Which statement best describes false pretenses?
In the Statute of Frauds mnemonic SLYME Goods, what does the 'E' stand for?
Which term best matches the concept of intentionally or with recklessness disregard a known risk?
Who may amend the complaint to assert a claim against the third-party defendant?
Which of the following is a listed defense related to mental state?
Under the UCC, which items qualify as goods for a sale contract?
What is required for the duress defense?
Which act constitutes sexual misconduct without consent?
Under NY law, which statement accurately describes illegal possession of a firearm?
For a lease under Article 2A, which elements must a writing include to satisfy the Statute Frauds?
Under CL and NY, which element is required for conspiracy?
Serial Murder (24 months) is an aggravating factor under NY law. Which option states its nature?
Which ground is specifically associated with improper execution of a will?
In the UCC 9 Essay Test Approach, which step asks whether the security interest is perfected?
Dying Declarations apply to which types of cases?
Which of the following is a requirement for class certification under federal rules?
What is the definition of mootness in federal court?
Which of the following is a required element for voluntary manslaughter?
Which of the following is a requirement of a duly executed will?
Which is an exception to the Statute of Frauds rules?
Which scenario best describes 0 years of residency for a NY matrimonial action?
Which statement best defines recklessness in New York law?
Which of the following is a valid method of serving process on a person?
Which ground is described as very rare for vacating an arbitration award?
In the Robbery Run mnemonic, which category refers to the use of a handgun in the commission of a crime of violence?
Which constitutional provision is commonly invoked to strike down state laws that burden interstate commerce?
In the Contracts And Sales Essay Test Approach, which element asks whether a contract has been formed?
Which scenario is an LAID exception to good faith reliance?
Time-Barred Debt: what makes it enforceable despite lack of consideration?
Which act constitutes sexual misconduct involving a dead person or animal?
What are the two things required to file a Notice of Pendency and what isn't required?
Warrantless Search: Which is an exception to warrantless searches under ESCAPES?
Which classification is typically subject to rational basis review?
Among the listed defenses to contract, which of the following is included?
Which combination is required for NY Murder 1?
Secured transactions are governed by which article of the Uniform Commercial Code?
In the WITH V covenant mnemonic, what is the first listed item?
Under impossibility, if the destroyed or damaged goods were not specifically identified to the contract, the seller is
Which act ends an easement when the servient estate is destroyed?
An unpaid seller does not have a right to reclaim goods unless which condition occurs?
Under common law, if an offeree's acceptance changes a term of the offer, what is the result according to the mirror image rule?
Which of the following is NOT a real defense that will be successful against a Holder in Due Course?
Which term is the first element listed in the PIC mnemonic for first-degree murder?
What does the Eleventh Amendment prevent?
Who can sue the obligor for performance in a delegation context?
The rights not enumerated and powers reserved to the states are described by which amendments?
The MILD police power refers to which areas of congressional authority?
Under NY Statute of Frauds, which scenario requires a writing?
Under the Rule Against Perpetuities, which item is commonly considered a potential interest that may be subject to the rule?
Which statement about Voluntary Manslaughter is correct?
To obtain an attachment, which of the following is NOT required to be included in the affidavit of support for an attachment?
In the STEAK transfer warranties mnemonic, what does the letter A indicate?
The Substantive Due Process Clause described as requiring court to review the substance of federal law rather than the procedure is part of which amendment?
Under New York law, which statement describes Rape 3?
What is the function of a Notice of Pendency?
In the covenants of title mnemonic, which covenant expresses the right to convey?
What is a Notice of Pendency?
The right to a civil jury trial for cases involving more than twenty dollars is protected by which amendment?
The abbreviation DRL stands for which New York statute?
What must affidavits show for an Order to Seize Chattel?
Defense to felony murder requires the defendant not be the actual cause of death, not have a deadly weapon, and have no reason to believe co-felons had deadly weapons. Which statement is NOT an element?
In the Lemon test mnemonic, what does the second 'E' stand for?
Under NY law, which article governs the sale of goods?
What is the difference between insanity and incompetency?
Which of the following is NOT an elevating factor to 2nd Degree Burglary?
What is the exception to res judicata described?
Which method creates an easement by grant?
Which statement about breach is true?
Mortgages in New York are associated with which statute?
Rescission in contract law is defined as
What is an illusory promise?
Which provision of the 14th Amendment gives Congress the power to enforce its protections?
In the Lemon test mnemonic, the 'P' stands for which concept?
In a third-party impleader, within how many days must the third-party defendant serve its answer after the third-party complaint is filed?
Under the medical malpractice SOL, the foreign object rule states that discovery occurs as:
In the DOWNFFALL framework, which item represents non-joinder of a necessary party?
When attachment is levied on personal property, to whom is the levy given?
Vehicular Assault 1, 2, and Aggravated Vehicular Assault in NY are defined by which of the following combinations?
Which options correctly describe the proper bases to determine venue?
Which is an element of standing in constitutional law?
Which is an exception to the incapacity rule?
In the 3S mnemonic for Fourth Amendment applicability, what does the second 'S' represent?
How long is a Notice of Pendency effective?
In a DOWNFFALL motion to dismiss, which ground concerns an action filed between the same parties in different proceedings?
Which statement correctly describes a condition subsequent?
When a plaintiff is a New York resident at the time an out-of-state action arose, which SOL applies?
For a will to be admissible to probate in New York, which factor is cited?
Which is the contract category that covers all other contracts (not sales of goods)?
Which statement best defines consideration in contract law?
Under SPARERIBS, which item is a time-based defense?
In the Arson context, which term is defined as the intentional burning of property?
If the buyer breaches, damages are measured to put the seller in the position of the contract's expected profit
Which category includes Battery, Forcible Rape, False Imprisonment, and Kidnapping?
Under NY service rules, when is Saturday service prohibited?
Degrees to Felony Murder: The correct statement is?
What are the two essential elements for obtaining a temporary receivership?
What are the two requirements under Common Law Satisfactory Writing for SoF?
NY: Intent is defined as which of the following?
If a motion to dismiss is denied, by when must the defendant serve an answer?
In the land contract mnemonic 'Signed Writing Describing Land & Consideration', what is the second listed element?
Which clause requires states to recognize judicial decisions from other states?
Can process be served on a Saturday if the plaintiff knows the Δ is a Saturday-Sabbath observer?
What is a release?
What does the Substantive Due Process Clause require courts to review?
In the Deeds Need Simple Words mnemonic, which element corresponds to Description of property?
The amendment that prohibits quartering soldiers is which?
What is required for an assignment of rights in a contract to be effective?
Which concept is described by a rule of seven involving age and criminal prosecution?
Which presidential power would be used to forgive a person convicted of a crime?
Under what condition can a seller cure an imperfect tender?
Under NY law, an accomplice is one who...
If a Notice of Pendency is filed incorrectly, what action can be taken?
Under the MPC, which statement best describes the effect of reasonable mistake?
What does the acronym PETE stand for in the context of negotiable instruments?
What triggers an automatic 2-year residency for NY matrimonial actions?
Which amendment prohibits poll taxes in federal elections?
Which factors are considered in the due process balancing test as articulated in Mathews v. Eldridge?
What is the effect of starting to perform in a bilateral contract?
Which doctrine bars recovery if the plaintiff's own negligence contributed to the harm?
Which item is not included in Public Policy PRISM?
The no-fault regime in New York is contained in which law?
Which article of the CPLR covers torts?
Regarding acceptance by silence, which statement is true in general?
What is the purpose of the Parol Evidence Rule?
Express warranties in the sale of goods require the seller to be liable if the warranty was what?
Quasi-Suspect Class LEG: which is a quasi-suspect class?
Which option reflects the Miranda public safety exception addressing questions asked to ensure public safety?
For Manslaughter 1 in NY, which option is listed as a possible mens rea?
Which statement best describes the rule and exception for revoking acceptance of goods already accepted?
Which law governs contracts for the sale of goods?
For exposure to toxic substances, when does the 3-year statute of limitations begin?
Which statute governs secured commercial paper?
Under the AP SLAP framework for unprotected speech, which elements are required to classify material as obscene?
Which amendment protects against self-incrimination and double jeopardy?
Which is a Specific Intent crime against property?
Under the MPC, what is the general rule about using force to protect property?
In order for a Temporary Receivership to be proper, what condition must be present?
Which statement correctly describes a tolling rule for infancy in non-medical actions?
What is a core tenet of the Doctrine of Sovereign Immunity?
Which right is typically protected by strict scrutiny?
In New York, which statement about receipt of stolen property is true?
Exceptions to Good Faith Reliance: Which is an exception to good faith reliance under LAID?
Under the MPC, which type of mistake can serve as a defense depending on the crime's intent?
Which amendment addresses the election of the President and Vice President by the Electoral College with separate ballots?
Which statute governs contracts that are leases in New York?
What is the statute of limitations for negligence-based products liability?
Which offense is included in the Robbery Run categories (WHEAT RUM) as a distinct category?
The First Amendment protections include which of the following?
Which amendment abolished slavery in the United States?
Which term refers to acting beyond the authority of the party?
Which damages are often used as a measure of expectation in contract breach?
Which is an element of second-degree murder as described in the material?
Which element is part of covenants that run with the land in terms of 'touch and concerns'?
In the MRS BAKER mnemonic, the letter K stands for which offense?
What is required for Assignment of Rights in a K?
Entrustment doctrine: If an owner entrusts goods to a merchant who deals in those goods, what is the owner's right against a bona fide purchaser for value?
Under NY service by mail, service is effective only if ∆ sends acknowledgment within how many days?
What is the definition of an offer?
Besides self-defense, when may a defendant use force under the MPC?
Which amendment is associated with protecting voting rights and prohibiting race-based restrictions by government?
How many jurors are in a Civil Jury?
Which of the following is a valid defense to 3rd Degree Arson?
Under the as-of-right amendment option, how many amendments does each party get?
Which statute is listed as a Real Property statute?
Which is a termination of an offer due to a supervening illegality?
Which statement best defines solicitation?
Which form of standing refers to representing a group in court?
Under which clause is federal law supreme over state law when there is a conflict?
Fruit of the Poisonous Tree Exceptions: Which is an exception to the fruit of the poisonous tree doctrine?
Under due process, long-arm jurisdiction is satisfied when what condition is met?
Impossibility excuse arises when
If a plaintiff is a non-resident of New York and the out-of-state action arose, how is the statute of limitations determined?
How to serve process on a mentally-incapacitated plaintiff (2)?
The Combination Test for Insanity is associated with which system?
The Irresistible Impulse test for insanity focuses on which type of incapacity?
Which remedy applies to an agency determination made without a trial-type hearing and is upheld unless arbitrary and capricious?
How long is a Notice of Pendency effective?
Who can serve process within New York and outside New York?
Which amendment grants residents of Washington, D.C., the right to vote for President?
Under what circumstances can a plaintiff obtain a six-month continuance on the statute of limitations, and when cannot they?
In third-party impleader, who must the Third-Party Answer be served on?
Which is not a standard element for Illinois class actions according to the NAACP mnemonic?
Under the Interstate Compact Clause, when must Congress approve a state agreement?
Which statement accurately defines kidnapping?
What are the three parts of a Motion on Notice?
Dealing with multiple assignments: which assignee prevails among gratuitous assignments?
Who can invoke the Dormant Commerce Clause?
Is impossibility a defense to receipt of stolen property in New York?
In impeachment proceedings, what vote is required in the Senate to convict and remove?
Miranda Defenses: Which of the following is a Miranda defense?
What is a Temporary Receivership?
Restitution is best described as addressing which issue?
The Doctrine of Sovereign Immunity prohibits suits against state government in which courts?
Under common law, what can constitute acceptance of an offer?
What is the definition of consideration?
Which of the following is an example of a Defense to Specific Intent crimes?
Under a summons with notice, what action may be taken if the plaintiff does not serve the complaint within 20 days?
Testimony corroborating rape must do two things:
Which of the following is NOT one of the four core justiciability requirements?
When is a contract modification effective?
Which of the following is NOT a provisional remedy type?
Presence of a gun in a vehicle under NY law means that:
Can there be a one-person conspiracy under New York law?
What are the three requirements for collateral estoppel?
In the PARTI requirements for creating a trust, which element refers to the people or beneficiaries who can enforce the trust?
The Substantive Due Process Clause is part of which amendment and demands what regarding federal law?
Which privacy tort involves intrusion upon a person's seclusion?
Which is a SPARERIBS ground for dismissal related to the timing of a claim?
Which items are covered by the Statute of Frauds under the MY LEGS mnemonic?
What is the essential definition of false imprisonment in the notes?
Under the T-Subs framework, which asset is not included in LOG PITS?
Under the MPC, deadly force in self-defense is justified only when facing what threat?
Which term describes a promise that imposes no real obligation and lacks consideration?
How many jurors are on a civil jury, and how many must agree?
Which of the following is a tort involving interference with chattel?
Which form of standing allows a taxpayer to challenge a government action on constitutional grounds?
What is the Statute of Limitations period for Strict Liability of Products?
If the buyer does not cover in good faith or at all, which damages apply?
Which of the following is NOT a method of proving character?
In the LASS mnemonic for negative easements, which term corresponds to the 'S'?
Under joint and several liability, which statement is true?
In collateral estoppel, which element refers to the opportunity to litigate the issue in the prior action?
What does the 15th Amendment prohibit with regard to voting?
Which statement about substantial performance is correct?
The Establishment Clause protects which freedom?
Accomplice liability covers what?
In self-defense, deadly force may be used only when...
MBE murder is defined as which of the following?
Under the MY LEGS framework, which item refers to goods valued over $500?
Which scenario would generally be considered not an offer due to lack of specificity or duration?
Which factor most strongly supports state law preemption by favoring uniform regulation?
Under CREATES DICE, which item describes spending or taxing for the general welfare?
In New York law, what describes Intent?
Which is NOT a listed defense?
In a personal injury action against an architect or engineer arising more than 10 years after building completion, what must the plaintiff do before suing?
Under ENDCRAMP, which item describes destruction of the servient land terminating an easement?
Deadly force to prevent a crime is permitted in which circumstance?
Which category covers automobile searches in ESCAPIST?
Which is a defense recognized in criminal law?
The mailbox rule provides that acceptance is effective when it is mailed, with certain exceptions. Which option correctly identifies one of these exceptions?
What is the starting point for the statute of limitations for medical malpractice in the material?
Partial payment of undisputed debt: which is true?
Which crimes are classified as Malice Crimes?
Which elements establish promissory estoppel?
Which amendment is commonly associated with the five freedoms collectively known as RAPPS?
Which article addresses torts within the Civil Practice Law and Rules?
Which statement is NOT a means by which rape is accomplished under the MBE definition?
Which action ends an easement via merger of dominant and servient lands?
Under the Uniform Commercial Code, Article 2 governs which type of contract?
Under the Year & Day Rule, what time frame applies to MBE murder?
No-fault insurance in New York is governed by which statute?
If the buyer keeps non-conforming goods, which damages measure applies?
What is the time limitation for amending a pleading as of right?
Which factor, in addition to taking a child from a lawful custodian, converts Custodial Interference to a felony under New York law?
What is the rule for revocation of an offer?
Which statement defines Voluntary Manslaughter?
Which statement correctly describes a 'Notice of appearance' in civil procedure?
For a contract to be enforceable, what role does a 'bargained-for exchange' play?
Which of the following is a suspect class requiring strict scrutiny?
SEMI III D3 C: Which is a defense listed in SEMI III D3 C?
If a response to an offer includes a condition, what is the effect?
Which statement about Murder 1 in NY is correct?
Which statement is true about aggravating factors in NY murder?
Under Maryland's felony murder rule, which of the following is NOT among statutorily enumerated felonies used to support a felony murder conviction?
In the sale of goods, if the buyer does not cover in good faith or at all, damages are measured by which formula?
The three methods of proving character are known by the acronym ROCs. What does the letter R stand for?
Which statement best describes a standard limitation for non-compete restrictive covenants?
Which event terminates an offer due to the death of either party before acceptance?
COILED: Which item is represented by E in COILED?
What is the mechanism by which an attachment creates a security interest?
Which of the following is a valid basis for impeaching a witness's credibility?
Under NY service rules, which statement about permissible service days is correct?
Which of the following is NOT one of the three requirements for attachment of a security interest?
The Fourth Amendment protects against unreasonable searches and seizures. Which statement best describes its warrant requirement?
Which statute governs No-Fault Insurance in New York?
Which element is listed in the Illinois NAACP class action mnemonic as a factor?
Which factor is NOT listed as part of the 1-2 years residency category for NY matrimonial actions?
The Sixth Amendment includes which protections?
Which is a valid defense to false imprisonment involving detaining for investigation?
Which item is a LOG PITS asset?
Dealing with multiple gratuitous assignments: who prevails?
In a contract for the sale of goods with an open price term, the court will
The right to bear arms is protected by which amendment?
Under the Statute of Frauds, which contract requires a writing?
Procedural Due Process is described as requiring a fair hearing under which amendment?
Which clause prohibits discrimination against non-residents and is tied to state treatment of outsiders?
How does π get an Attachment and what are the 3 things it must allege?
Which statement is a ground to oppose a motion to amend pleading on the basis of delay?
In the DOPSS basis for personal jurisdiction, what does the first 'S' stand for?
Which occupations are included in the "professional" category for professional malpractice SOL?
What is the deadline to serve process after filing?
Under the statute of frauds, which element is required for a land contract to be enforceable?
Promissory Estoppel requires to make a promise enforceable without consideration?
Which item is NOT a ground typically cited under BCE for vacating an arbitration award?
Which categories are protected classes subject to strict scrutiny?
Which of the following is an exception to the Statute of Frauds for sale of goods including goods accepted by buyer, custom-made goods, or merchants' confirmatory memos?
Under Fourth Amendment doctrine, which warrantless search is permitted when a person is lawfully arrested?
An unpaid seller's right to reclaim goods is available only if
Which factor is listed as a ground for impossibility of performance?
Which element of adverse possession requires the possession to be open and notorious?
Which crimes are not included in the scope of an attempt?
Under the mirror image rule, what happens if the offeree proposes a modification to the offer terms?
Which combination lists all four exceptions to the Statute of Frauds under the SWAP mnemonic?
How many days advance notice must be given for a Motion on Notice?
Which doctrine holds that certain issues are non-justiciable because they are political in nature?
Under the risk of loss rules, which scenario describes a risk assignment when the seller is a non-merchant?
Which condition supports federal preemption over state law due to a comprehensive federal scheme?
What is a valid method to serve process on a mentally-incapacitated individual?
The First Amendment, as described, protects which of the following?
Which statement best reflects No 3rd Party Standing in federal courts?
NIPBUG: Which is an exclusionary rule exception that focuses on public safety?
Rescission and modification of a 3rd-party beneficiary contract: Who can rescind or modify until the TPB's rights vest?
Under NY law, voluntary intoxication is a defense to which crimes?
Under New York law, which scenario describes the Rape 1 offense defined as sex by force?
When may a defendant file a third-party complaint in impleader?
Tolled SoL for π's infancy: which statement is accurate?
Which statement is true about impossibility as a defense to conspiracy under NY law?
Under the Interstate Compact Clause, when is congressional approval required for an agreement between states?
Which term corresponds to a defense characterized by misinterpretation of facts?
Which term describes a legislative act that punishes without trial?
Tolling of a plaintiff’s death on their claim tolls the period for their duly appointed representative?
What will invalidate a Requirements Contract?
What is the minimum age to execute a will according to the material?
After a Motion on Notice decision, the prevailing party must do which of the following?
Which of the following actions by the court qualifies as an exception to the rule that a summary judgment motion cannot be brought before the defendant answers?
What is the definition of an offer?
Which is a type of monetary damages?
What does 'ripeness' mean in federal court doctrine?
In the forgery mnemonic FINE, what does the letter F represent?
What is the essential definition of kidnapping?
In Miller obscenity, which factor is identified?
Which element makes custodial interference a felony?
Which statute governs workers' compensation in New York?
Which of the following is NOT a Real Property statute?
Which is NOT listed as a NY mental state?
Which item represents the defective warrant basis for good faith reliance in police searches?
Who can serve process in New York? and Outside NY?
Which of the following is NOT a warrant requirement exception listed in CAN STRIP SEARCH?
Which of the following is NOT a factor used to prove constructive possession of CDS?
The Uniform Vendor & Purchaser Risk Act relates to which area?
What is the minimum age to write a valid will?
On which days can process be served?
If assignment is prohibited by contract, which statement is correct?
Specific performance is an equitable remedy. Which of the following is true?
Specific Performance: when is it unavailable?
Which offense is named at the end of the notes under Sexual Offenses?
Which statement describes foreseen reliance before acceptance as an exception to revocation?
NY murder is defined as which of the following?
Which item is not a basis for personal jurisdiction over a defendant?
Expectation damages under common law when the seller breaches are equal to
Which general jurisdiction basis allows service anywhere?
Which statement about Purchase Money Security Interests (PMSI) is true?
What is a Preliminary Injunction?
Which offense is listed as a Specific Intent Crime against the Person?
In cases with multiple possible causes by different defendants, which causation standard asks whether any defendant's conduct substantially contributed to the injury?
Which are core considerations under the Establishment Clause?
Which type of impossibility is a defense to conspiracy?
Which of the following is NOT eligible for personal service on a NY corporation?
How does an Ex Parte motion differ from a Motion on Notice?
Which amendment prohibits denying the right to vote based on race or color?
In the Never Heed Legal Drive approach, what does the letter H stand for?
In defamation law, which defense is described as applying to statements broadcast to a wide audience?
In Maryland, felony murder applies to statutorily enumerated felonies. Which of the following is included in the enumerated list?
Which is NOT a method of serving process on a Person?
Which amendment prohibits voting on the basis of race?
What are the two requirements to commence a case?
Aside from Self-Defense, when can you use force?
Which doctrine allows a party to sue on behalf of members when individuals lack standing?
Under the Pinkerton Rule, which statement is correct?
Which statute governs contracts for sales of goods in New York?
Under the fruit of the poisonous tree doctrine, which is an exception recognized for police actions?
What does CL: Specific Intent mean?
Which of the following is a category of unprotected speech under FIDO?
Which of the following are protected classes under strict scrutiny?
Which contract does not require a writing under the Statute of Frauds?
What constitutes a valid Miranda waiver?
Which of the following is not one of the three parts of a Motion on Notice?
Name of statute for Worker's Compensation?
What are the two requirements to commence a case?
Which term is captured by the D in the Deeds Need Simple Words mnemonic?
Which of the following is true about Criminally negligent homicide under VAC?
If ∆ was in NY when CoA accrued but left for more than 4 months continuously, how is the SoL tolled?
In negligence, which element concerns the causal link between the defendant's breach and the plaintiff's injuries?
If a party reasonably doubts performance and the other party fails to provide adequate assurance, the requesting party may treat this as
Under the general rule in a sale of goods, who bears the risk of loss when there is a breach?
Which provision prohibits punishing individuals without a judicial trial?
Which set of statutes lists the contract statutes mentioned (three in total)?
According to the M'Naughten standard, insanity depends on whether the defendant knew the act was wrong.
Which elements are included in the Specific Performance mnemonic 'MC VID'?
What is the requirement for the third-party defendant after being served with a third-party complaint?
In the CPLR Art. 16 context, when a tortfeasor is not more than 50% at fault and non-economic damages exist, the defendant pays only his own share. This describes:
Under common law, what is the effect if an acceptance changes a term?
What is the mens rea for false imprisonment?
Under NY law, Rape 3 applies when the victim is under 17 and the defendant is 21 or older.
Under the burglary rule, force used to protect property is a defense if the defendant is in his home.
Which amendment prohibits quartering troops in private homes?
What is the method to amend pleadings other than as of right?
What is the definition of Specific Intent?
Which covenant corresponds to possession (Seisin) in the six covenants of title as reflected by the mnemonic?
In the TAN framework for economic duress, which of the following is included?
Which statement about serving a corporation is correct?
Which action allows entering another's land to abate a nuisance?
Which amendment is associated with prohibiting involuntary servitude?
In the A PAIN mnemonic for corporation formation, what does the letter A stand for?
Which two offenses constitute MBE Assault?
Who bears the risk of loss generally in a sale of goods?
Which clause empowers Congress to prohibit private racial discrimination via interstate commerce?
Which party is described as the Acceptor in the instrument liability mnemonic A MAID?
Which term corresponds to Express in the mnemonic PINEE for creating an easement?
Which doctrine holds an employer liable for the torts of its employees acting within the scope of employment?
The statute of limitations for a wrongful death claim is how many years from the date of death?
Which of the following is NOT a provisional remedy?
Name four ways to satisfy the SJ burden.
In torts, which phrase best captures the idea that liability can be imposed without proof of fault for certain activities?
Entrapment is defined as the government unfairly tempting the defendant to commit a crime and originated from the government; which statement best describes entrapment?
Acceptance by silence under typical contract rules is not acceptance, but which conditions can make silence constitute acceptance?
In MIMIC Plus, which item is listed as part of the PLUS portion representing a non-propensity purpose?
Which is a factor that makes performance impossible due to destruction?
Which statement about arson is true?
Which is a negative easement under the LASS mnemonic?
If a party files a motion to dismiss and fails to raise lack of personal jurisdiction, what happens to that defense?
Under the MPC, voluntary intoxication is a defense to which type of crimes?
Which offense is defined as the unlawful confinement of a person without consent?
In the NO AC contract framework, which element represents the agreement's promise as accepted by the other party?
Fundamental Privacy CAMPER: which right is recognized as a fundamental privacy interest?
Which statute governs Domestic Relations in New York?
In what 2 situations will a Preliminary Injunction be given?
Exclusionary Rule Exceptions: Which is an exclusionary rule exception focusing on public safety?
Which statement correctly describes the relationship between filing process and serving process?
Which affirmative defense is never waived?
Separation (2 year) under grounds for divorce requires what duration of separation to be no fault?
M'Naughten test is primarily used to determine which of the following?
R to Counsel: Which item references misdemeanors when imprisonment is imposed?
Which term in the adverse possession framework is described as Notorious?
For professional malpractice, the statute of limitations is 3 years from which event?
Which action is NOT listed among the president's executive powers in the material?
Which statement describes a classic example of strict liability crimes?
Which clause authorizes Congress to enact all laws necessary and proper for executing any power granted to any branch of the federal government?
Who appoints a Temporary Receiver?
In MBE terminology, which mental state is defined as general awareness of the crime's factors without requiring the specific result?
If only damages remain, the court can grant summary judgment on liability and proceed to trial for damages. Which of the following is true?
Which statement about attachment is true?
In a unilateral contract, what is the legal effect of the offeree beginning performance?
Which mental state is associated with Manslaughter 2 in NY?
Which letter in the acronym FIDO stands for 'Fighting words'?
On what property can an attachment be levied?
Which of the following is one of the felonies included in the felony murder rule's BARRK mnemonic?
In interpreting contract terms based on conduct of the parties, which factor is third in order of importance?
Under the CREATES DICE framework, which item is a power Congress may exercise?
What is the minimum number of witnesses required for a will?
Which form of standing allows a party to sue on behalf of a member who cannot sue themselves?
Which statement best reflects the purpose of the Parol Evidence Rule?
Which provisional remedy provides notice of a potential lien on real property?
Which of the following is an exception to the Parol Evidence Rule?
Withdrawal rule: which statement describes how a defendant can withdraw?
Which of the following describes the second exception to the rule about timing for summary judgment?
Secured transactions are governed by which provision?
Under standing doctrine, which statement is correct?
In the strict scrutiny mnemonic 'Strict scrutiny Applies To Very Educated People', which right is included?
What is accord and satisfaction?
Under the unprotected speech category in the mnemonic, which factor is used to categorize obscenity?
Which statement best defines battery?
In a contract with an intended third-party beneficiary, who is liable if the promisor breaches?
GOL stands for which New York statute?
Which amendment provides citizenship to those born or naturalized in the United States and guarantees equal protection under the law?
What is the statute of limitations for indemnity and contribution claims?
When the defendant dies, the statute of limitations is tolled by how much time?
Which statute is the NY statute for corporations?
In the MBE framework, how is General Intent defined?
Which element elevates 3rd Degree Arson to 2nd Degree Arson?
Under Pinkerton, a defendant is liable for all other foreseeable crimes committed in furtherance of the objective. Which option best captures this rule?
Which statement best defines Battery under MBE?
Under the VAC framework in NY, which grouping constitutes forms of homicide?
What is the purpose of a Motion on Notice?
MBE: General Intent is defined as which of the following?
Under CPLR Article 16, if a joint tortfeasor is not more than 50% at fault and the plaintiff has non-economic damages, what limit applies?
What is the rule for when a party moves for Summary Judgment, and what are the two exceptions?
Under installment contracts, a buyer may reject for which reason?
Which statement cannot be used to disclaimer warranties in a sale of goods?
Six ways an Offer can terminate. Which of the following is NOT one of them?
Which amendment established the federal income tax?
Which is a requirement for a case to be justiciable in federal court?
Which amendment imposes a two-term limit on the presidency?
In New York, offenses punishable by 15 days or less (excluding traffic infractions) are classified as what?
Under common law vs UCC, what is true about changing terms in an acceptance?
In contract law, an advertisement is generally not an offer, but it can be an offer if it specifies a quantity to be bought.
Under the ESCAPIST framework for warrantless searches, which category corresponds to the Plainview exception?
What is the exception to the doctrine of Res Judicata?
In NY, what is an affirmative defense to robbery?
What best describes an option contract?
Which remedies are included in the contract equitable remedies mnemonic '4R SL'?
In a personal injury action against an architect or engineer brought more than ten years after building completion, what must be done before filing suit?
Which statement about NY Murder 1 prerequisites is NOT true?
Which four unities are required for a valid joint tenancy?
If neither form of process is used, it's a defect in what and what can the defendant do?
Which amendment protects freedom of religion, assembly, petition, press, and speech?
What must an initial aggressor do to regain the right to use deadly force in self-defense under the MPC?
What power does Section 5 of the 14th Amendment grant Congress?
Which statement best describes restitution?
Which factor indicates motive to lie due to interest and bias?
Tolled SoL for π's insanity: which statement is accurate?
Accord and satisfaction describes what?
A later assignee for consideration may prevail if what condition exists?
Which SCRAP factor represents a duty arising when someone creates peril?
The Takings Clause is part of which amendment?
Under New York law, which scenario typically constitutes Vehicular Homicide?
Which relationship typically does not create vicarious liability for the torts of another?
Which statute governs New York practice?
Which amendments address enumerated rights not listed and reserve powers to the states?
Which of the following is a ground for class action certification?
What is the required notice period for serving an Article 78 petition before the return date?
The prohibition on cruel and unusual punishment is found in which amendment?
In the Contracts And Sales Essay Test Approach, what does the 'P' stand for?
Promissory estoppel is used to enforce certain promises without consideration when there is what?
Restitution is the remedy of last resort when contract law yields an unfair result. Which statement is true?
Former Testimony is an exception that requires the declarant to be unavailable.
Under the Year & Day Rule, what is true about death rules?
Procedural Due Process is described as requiring a fair hearing before deprivation of life, liberty, or property, and is associated with which amendment in the material?
What does the due process test for jurisdiction require?
Public Welfare offenses and Statutory Rape are typically classified as which type of crime?
Good Faith Reliance (DCS) Clarification: Which item is listed under DCS as supporting good faith?
Which statement best defines 3rd Degree Burglary under NY law?
The Enabling Clause is associated with which amendment?
Which category is listed as a rational basis example?
What does Substantive Due Process require courts to examine when evaluating state and local laws?
Which of the following is NOT listed as a fundamental right in Substantive Due Process?
When is an acceptance effective under the mailbox rule?
Which of the following is NOT an aggravating factor for Murder in NY?
Which statement best captures the essential element of larceny?
Which concept allows an organization to sue on behalf of its members to challenge a statute?
Under New York law, a release may be enforceable without consideration if it is
Which of the following is an enumerated power to coin money?
Which statement correctly defines MBE murder?
After settling a tort claim, what is the effect on the settling party's ability to sue or be sued for contribution?
Adequate assurance: what may a party do if the other party refuses to provide adequate assurance?
What qualifies as an 'Overt Act' in conspiracy?
Under common law, substantial performance suffices.
Which type of speech is traditionally regulated under intermediate scrutiny in First Amendment doctrine?
Which element is essential to satisfy the 'writing' requirement for a will?
Which statements describe the four situations in which an Order to Show Cause may be filed?
In the Mississippi vs New York context, which statement is correct regarding reimbursement for intentional torts?
In what two circumstances is attachment used?
In adverse possession, which element corresponds to "Actual" possession?
In a personal injury action against an architect or engineer brought more than ten years after building completion, what must be done before filing suit?
What two requirements must testimony corroborating rape satisfy?
Under New York Statute of Frauds, which contract type requires a writing?
Which of the following is NOT a T-Sub item?
According to the infancy rule described in the material, under which age is there no prosecution?
In NY, what is the required form of service to the NY Secretary of State when serving a corporation by mail?
Which statement is true regarding defamation and NY long-arm jurisdiction?
Which statement best describes an express warranty?
Which is NOT one of the four prerequisites for filing a class action?
Which amendment repealed Prohibition?
What is the effect of unsolicited goods?
Which statement describes the 'Publish' step in executing a will?
Under installment contracts, when may a buyer reject?
Third degree criminal mischief is defined as intentional damage of property valued at $250 or more.
Which of the following is a core element of standing in federal courts?
A release in contract law is best described as
Which is a required element of standing?
In the standing doctrine, what is the meaning of redressable?

Bar Exam Mnemonics Practice Test

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