Posts by David Busis
Content MPRE Basics What Why When Where How Key definitions (MRPC 1.0) Informed consent Reasonable or reasonably Substantial Law firm Screened Tribunal Regulation of the legal profession Candor in bar admissions and disciplinary matters (MRPC 8.1) Reporting professional misconduct (MRPC 8.3) Misconduct defined (MRPC 8.4) Disciplinary authority (MRPC 8.5) Choice of law (MRPC 8.5) Obligations […]
How the MBE Approaches Contracts The MBE tests a limited number of contracts topics. The questions usually turn on one of five issues: Whether a contract was formed Whether a contract was breached What consequences follow from a breach What defenses a party could raise after breaching What remedies are available for a breach Try […]
Online commentators have spilled a lot of digital ink over how to balance bar prep with a lifestyle that’s physically and mentally healthy. Despite all the good advice out there, it may seem impossible to prevent the bar exam from taking over your life. You might be tempted to shut out many of the things […]
It’s Week Five of bar prep, and you’re right on track. Every day, you sit down at your desk and start working through the items on your study schedule. Lectures, check! Reading the outline, check! Practice MBE questions, check! Practice essays, check! When your alarm confirms that you’ve spent eight full hours in your chair, […]
How the MBE Approaches Con Law Con law is a broad subject, and the MBE’s coverage of it is broad as well. You’ll see questions about all the major topics you encountered in your con law courses: equal protection, due process, federalism, and separation of powers. You’ll also see questions about federal jurisdiction, which is […]
How the MBE Approaches Torts Torts may look very different on the MBE than they did in your law school classes. The questions tend to concentrate on a single element or defense rather than approaching each tort in a holistic way. Instead of asking, “Is this negligence?” the bar examiners are more likely to test […]
How the MBE Approaches Property The MBE rarely takes a straightforward approach to property law. It often tests the fiddly rules that you may not have covered in law school, especially if you only had a one-semester class. It structures many questions as real estate sales and requires you to know both the rules of […]
How the MBE Approaches Evidence Black-and-White In real life, evidence law includes a lot of gray areas and requires a lot of close judgment calls. But since ambiguity doesn’t translate very well to a multiple-choice format, the MBE tests the more mechanical parts of the law. The Rules Rule The MBE sticks close to the […]
How the MBE Approaches Criminal Law and Procedure What the bar examiners call “Criminal Law and Procedure” is really two distinct topics. Criminal law covers the substantive law of crimes, like the elements of larceny or homicide and the rules of accomplice liability. Criminal procedure consists of the rules that govern criminal investigations and prosecutions, […]
How the MBE Approaches Contracts The MBE tests a limited number of contracts topics. The questions usually turn on one of five issues: Whether a contract was formed Whether a contract was breached What consequences follow from a breach What defenses a party could raise after breaching What remedies are available for a breach Try […]