CLE Entrance Exam cheat sheet

Civil cases require proof by a preponderance of the evidence (more likely than not); criminal cases require proof beyond a reasonable doubt.

Stare decisis binds lower courts to published holdings of higher courts in the same jurisdiction; dicta in an opinion are not binding.

Burden of production is the duty to present enough evidence to survive a directed verdict; burden of persuasion is the duty to convince the fact finder.

Res judicata bars relitigation of the same claim between the same parties after final judgment; collateral estoppel bars relitigation of an issue actually decided.

Tort elements: duty, breach, causation (actual and proximate), and damages; negligence per se substitutes a statute's standard for the ordinary reasonable-person standard.

Contract formation requires offer, acceptance, consideration, and mutual assent; the Statute of Frauds requires a writing for land sales, suretyship, marriage-related promises, and goods over $500.

Mens rea levels in the Model Penal Code escalate: negligent, reckless, knowing, purposeful; each element of an offense must be matched to its stated mental state.

Void means never legally effective; voidable means valid until a party with the right elects to rescind; unenforceable means valid but barred by a defense such as limitations.

Subject matter jurisdiction cannot be waived and may be raised by any party or the court at any time; personal jurisdiction is waivable.

Federal question jurisdiction (28 U.S.C. § 1331) requires a federal issue on the face of a well-pleaded complaint, not merely a federal defense.

Diversity jurisdiction under § 1332 requires complete diversity of citizenship and an amount in controversy exceeding $75,000, excluding interest and costs.

A corporation is a citizen of its state of incorporation and its principal place of business (nerve center test); an LLC takes the citizenship of each member.

General personal jurisdiction exists where a defendant is at home (domicile for individuals, incorporation plus principal place of business for corporations); specific jurisdiction requires purposeful availment, relatedness, and reasonableness.

Supplemental jurisdiction (§ 1367) reaches claims sharing a common nucleus of operative fact with a claim that has original jurisdiction, but not in diversity cases against non-diverse parties.

Removal to federal court must be filed within 30 days of service of the initial pleading; cases are not removable on diversity grounds more than one year after commencement.

State trial courts of general jurisdiction hear most civil and criminal matters; limited jurisdiction courts (small claims, probate, traffic) hear only statutorily defined categories.

Pleadings under the Federal Rules require a short and plain statement of the claim showing entitlement to relief; Rule 11 imposes a certification duty on filings.

Initial disclosures under Rule 26(a)(1) cover witnesses, documents, damages computation, and insurance agreements; they must be made without awaiting a discovery request.

Discovery scope is any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case (Rule 26(b)(1)).

Interrogatory answers are signed by the party under oath; responses to requests for production are signed by the attorney.

A 30(b)(6) deposition notice compels an organization to designate a witness to testify on noticed topics; the designee's testimony binds the entity.

Summary judgment under Rule 56 is granted when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law.

Privilege logs identify documents withheld or redacted and must state the basis for each assertion of privilege.

Service of process under Rule 4 requires delivery of a summons and complaint; waiver of service under Rule 4(d) gives the defendant 60 days to respond.

Fourth Amendment seizures require probable cause for arrest and reasonable suspicion for a Terry stop; searches generally require a warrant supported by probable cause.

The exclusionary rule suppresses evidence obtained through unconstitutional conduct; exceptions include inevitable discovery, independent source, and attenuation.

Miranda warnings (custody plus interrogation) must advise of the right to remain silent and to counsel; spontaneous statements are not the product of interrogation.

The Sixth Amendment right to counsel attaches at the initiation of adversarial judicial proceedings (formal charge or initial appearance).

Double jeopardy bars retrial after acquittal or conviction; it does not bar retrial after a mistrial for manifest necessity or after a hung jury.

Felony murder attributes malice from the underlying felony; the merger doctrine bars felony murder premised on the killing itself (e.g., aggravated battery).

Chain of custody must be established for physical evidence; gaps go to weight, not automatic admissibility.

Brady v. Maryland requires disclosure of material exculpatory evidence; Giglio requires disclosure of impeachment material about government witnesses.

ABA Model Rule 1.6: a lawyer shall not reveal information relating to the representation of a client without informed consent, except as authorized.

Rule 1.7 conflicts: a concurrent conflict exists where representation of one client is directly adverse to another or there is a significant risk of material limitation; consent may cure if the lawyer reasonably believes competent and no law prohibits.

Rule 1.9 former-client conflicts require consent where the new matter is substantially related and materially adverse; imputation to the firm is governed by Rule 1.10.

Rule 1.5 prohibits unreasonable fees and requires a writing for contingent fees; Rule 1.15 requires client funds in a trust account with records.

Rule 4.2 prohibits communication about the subject of representation with a represented person without consent of that person's counsel.

Rule 1.18 duties to prospective clients attach once information is learned, even if no representation results.

Rule 3.3 candor to the tribunal requires correcting false statements of law or fact; the duty is not limited to the client's interests.

A paralegal's work is billed at market rates and must be substantively reviewed by the supervising attorney; unauthorized practice of law includes giving legal advice to clients.

Citation hierarchy: primary authority (constitutions, statutes, regulations, cases) controls; secondary authority (treatises, restatements, law review articles) is persuasive.

Mandatory authority binds within its jurisdiction; persuasive authority includes other jurisdictions' decisions and dicta.

The IRAC structure: Issue, Rule, Application, Conclusion; CREAC substitutes Conclusion first, then Explanation.

Shepardize or KeyCite to validate a case's subsequent history and treatment (overruled, questioned, followed).

Federal statutes are cited in the U.S. Code (U.S.C.); session laws appear in U.S. Statutes at Large (Stat.).

The Bluebook's signals: no signal means the authority directly states the proposition; see indicates support; cf. indicates a comparison; e.g. introduces examples.

Plain language principles: active voice, short sentences, defined terms on first use, and one idea per paragraph.

A memorandum's question presented should be a single sentence framing the legal issue, the governing rule, and the key facts.

The Electronic Discovery Reference Model (EDRM) phases: identification, preservation, collection, processing, review, analysis, production, presentation.

The 2015 amendments to Rule 26(b)(1) emphasize proportionality; Rule 37(e) governs sanctions for loss of ESI, requiring intent to deprive for adverse inference.

A litigation hold must be issued when litigation is reasonably anticipated; failure can support spoliation sanctions.

Metadata includes file properties (author, dates, paths) and email header data; native production preserves metadata that TIFF images may strip.

Hash values (MD5, SHA-1) verify file integrity and support de-duplication; changing a hash indicates altered content.

Predictive coding (technology-assisted review) uses seed sets and iterative training; defensibility depends on documented methodology and validation.

Clawback agreements and FRE 502(d) orders prevent waiver of privilege for inadvertently produced documents.

Load files (DAT, OPT, Concordance) map document images to metadata and extracted text in a review platform.

Federal Rules of Evidence 401-403: relevant evidence is admissible unless excluded by the Constitution, statute, or rules; Rule 403 permits exclusion for unfair prejudice substantially outweighing probative value.

Hearsay is an out-of-court statement offered for its truth; FRE 801(d) exclusions include prior inconsistent statements under oath and opposing party statements.

FRE 803 exceptions include present sense impression, excited utterance, business records, and public records; FRE 804 exceptions require the declarant's unavailability.

Authentication under FRE 901 requires sufficient evidence that the item is what its proponent claims; chain of custody is a common method.

Best evidence rule (FRE 1002) requires the original writing, recording, or photograph to prove its content, subject to FRE 1003 duplicates and 1004 excuses.

Physical evidence collection: document location, time, collector, and condition; use sequential numbering and tamper-evident packaging.

Witness interviews should be recorded contemporaneously; separate witnesses before interviewing to avoid contamination of recollection.

Digital evidence handling requires write-blocking on seized media, imaging rather than working from originals, and verification of hash values.