JBA Admission Exam cheat sheet

Judicial review: courts may invalidate legislative or executive acts that conflict with the constitution; the constitution prevails over ordinary statute.

Standing requires injury in fact, causation traceable to the defendant, and redressability by a favorable ruling.

Political question doctrine bars adjudication of issues textually committed to another branch, such as recognition of foreign governments.

Strict scrutiny: law must serve a compelling interest and be narrowly tailored; applies to suspect classifications and fundamental rights.

Intermediate scrutiny: important interest plus substantial relation; applies to sex-based classifications and content-neutral time/place/manner rules.

Rational basis: law upheld if rationally related to any legitimate government purpose; burden rests on the challenger.

Vagueness and overbreadth doctrines void laws that fail to give fair notice or chill protected expression.

Ex post facto prohibition bars retroactive criminal punishment; bills of attainder bar legislative punishment without trial.

State action doctrine: constitutional rights constrain government conduct, not private conduct absent significant state involvement.

Contract formation requires offer, acceptance, and consideration; acceptance must mirror the offer (mirror image rule) unless the UCC gap-filler applies.

Statute of Frauds requires writing for land sales, suretyship, marriage consideration, one-year contracts, and sale of goods over the threshold amount.

Parol evidence rule excludes prior or contemporaneous oral terms that contradict a fully integrated written agreement.

Negligence elements: duty, breach, actual cause, proximate cause, and damages; res ipsa loquitur permits inference of breach.

Strict liability applies to abnormally dangerous activities and defective products; plaintiff need not prove negligence.

Intentional torts: battery, assault, false imprisonment, trespass, conversion; intent means desire or substantial certainty of result.

Property: adverse possession requires actual, open, notorious, exclusive, continuous possession for the statutory period.

Remedies: expectation damages place the injured party in the position of performance; reliance and restitution are alternatives.

Joint and several liability permits full recovery from any joint tortfeasor, subject to contribution or indemnity rules.

Mens rea levels: purposely, knowingly, recklessly, negligently; the mental state attaches to each material element.

Actus reus requires a voluntary act or an omission where a legal duty exists; status alone cannot be criminalized.

Murder at common law is unlawful killing with malice aforethought; malice includes intent to kill, intent to inflict serious injury, reckless indifference, or felony murder.

Voluntary intoxication may negate specific intent but not general intent; involuntary intoxication may be a complete defense.

Self-defense requires reasonable belief in imminent unlawful force; deadly force requires imminent threat of death or serious harm.

Insanity tests: M'Naghten (did not know wrongfulness), irresistible impulse, and Model Penal Code (lacks substantial capacity).

Attempt requires specific intent to commit the target crime plus a substantial step beyond mere preparation.

Conspiracy requires agreement plus intent to achieve the unlawful objective; common law requires an overt act only under some statutes.

Accomplice liability extends to crimes the principal commits if they are the natural and probable consequence of the aided offense.

UCC Article 2 applies to transactions in goods; Article 9 governs secured transactions; Article 3 governs negotiable instruments.

Merchant firm offer under UCC 2-205 is irrevocable for up to three months without consideration if signed and in writing.

Battle of the forms: UCC 2-207 admits additional or different terms unless they materially alter the contract or objection is made.

Perfecting a security interest requires attachment (value, rights in collateral, security agreement) plus filing, possession, or control.

Purchase-money security interest in consumer goods perfects automatically upon attachment; otherwise filing is standard.

Holder in due course takes free of personal defenses if it takes for value, in good faith, and without notice of dishonor or claims.

Negotiability requires writing, signed, unconditional promise to pay a fixed sum, on demand or at definite time, to order or bearer.

Partnership: each partner is an agent for partnership business; unanimous consent required for acts outside ordinary course.

Corporate veil piercing requires fraud, undercapitalization, or failure to observe separateness; alter ego theory is common.

Personal jurisdiction requires minimum contacts, purposeful availment, and fair play; general jurisdiction requires systematic and continuous contacts.

Subject matter jurisdiction: federal question under 28 U.S.C. 1331; diversity requires complete diversity and amount in controversy exceeding $75,000.

Venue is proper where defendant resides, where events occurred, or where property is located; transfer under 1404(a) is for convenience.

Erie doctrine: federal courts apply state substantive law and federal procedural law in diversity cases.

Pleadings under notice pleading require a short plain statement of the claim; heightened pleading applies to fraud and mistake.

Discovery scope: any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case.

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

Res judicata requires final judgment on the merits, same claim, same parties; collateral estoppel bars relitigation of an issue.

Class certification requires numerosity, commonality, typicality, adequacy, and predominance for damages classes.

Fourth Amendment: searches require probable cause and a warrant, subject to exceptions such as consent, search incident to arrest, and exigency.

Stop and frisk under Terry requires reasonable suspicion of criminal activity and a limited pat-down for weapons.

Arrest requires probable cause; a warrantless arrest in public is permitted for felonies and misdemeanors committed in officer's presence.

Exclusionary rule bars evidence obtained through unconstitutional search or seizure; good faith and inevitable discovery are exceptions.

Fifth Amendment: custodial interrogation requires Miranda warnings; waiver must be knowing, voluntary, and intelligent.

Right to counsel attaches at formal charging for Sixth Amendment purposes; interrogation after attachment without counsel is invalid.

Bail and pretrial detention: excessive bail prohibited; preventive detention requires individualized hearing and findings.

Trial rights: speedy public trial, impartial jury, confrontation of witnesses, compulsory process, and proof beyond reasonable doubt.

Double jeopardy bars retrial after acquittal or conviction; mistrial without manifest necessity does not bar retrial.

Agency rulemaking under the APA requires notice, opportunity for comment, and a concise general statement of basis and purpose.

Formal adjudication requires trial-type hearing; informal adjudication requires only notice and a brief statement of grounds.

Chevron-style deference applies when statute is ambiguous and agency interpretation is reasonable; major questions may require clear congressional authorization.

Arbitrary and capricious review requires the agency to examine relevant data and articulate a rational connection between facts and choice.

Exhaustion of administrative remedies is generally required before judicial review; futility and constitutional claims may excuse it.

Standing against agencies requires injury in fact, causation, and redressability; zone of interests test applies to statutory claims.

Freedom of Information Act exemptions include national security, personal privacy, trade secrets, and law enforcement investigations.

Due process in administrative adjudication requires notice, opportunity to be heard, and an impartial decision-maker.

Presidential control: executive agencies serve at the president's pleasure; independent agencies have for-cause removal protections.

Competence and diligence: a lawyer must provide competent representation and act with reasonable promptness and thoroughness.

Confidentiality under Rule 1.6 covers all information relating to representation; disclosure permitted only with informed consent or to prevent death or substantial bodily harm.

Conflict of interest: concurrent conflicts require informed consent confirmed in writing; former client conflicts require consent where materially adverse.

Fee agreements must be reasonable; contingent fees are prohibited in criminal and most domestic relations matters.

Safekeeping property: client funds go in trust accounts; commingling is prohibited; advances for costs must be held in trust.

Candor to tribunal: a lawyer may not knowingly make false statements of fact or law or offer false evidence.

Withdrawal: mandatory when representation results in violation of rules; permissive when client insists on illegal conduct.

Advertising must be truthful and not misleading; solicitation of prospective clients for pecuniary gain in person or by live telephone is restricted.

Attorney-client privilege protects confidential communications for legal advice; the crime-fraud exception removes protection.

IRAC structure: Issue, Rule, Application, Conclusion; each paragraph should advance a single analytical step.

CREAC adds a conclusion first, then rule, explanation, application, and conclusion; useful for predictive memoranda.

Case synthesis: compare facts, holdings, and reasoning across authorities to derive a governing rule.

Rule statements should cite primary authority and distinguish binding from persuasive precedent.

Legal citation format: case name italicized, volume, reporter, page, court, year; pinpoint cites for specific propositions.

Statutory interpretation tools: plain meaning, legislative history, canons such as expressio unius and noscitur a sociis.

Objective analysis for memos predicts outcomes; persuasive analysis for briefs advocates a position using facts and policy.

Counterargument and rebuttal strengthen analysis by addressing the strongest opposing interpretation.

Editing checklist: eliminate passive voice where clarity suffers, define terms once, and verify every citation for accuracy.

Judicial review lets courts invalidate legislative or executive acts that conflict with the constitution; the constitution prevails over ordinary statute.

Standing requires injury in fact, causation traceable to the defendant, and redressability by a favorable ruling.

Political question doctrine bars adjudication of issues textually committed to another branch, such as recognition of foreign governments.

Strict scrutiny: law must serve a compelling interest and be narrowly tailored; applies to suspect classifications and fundamental rights.

Intermediate scrutiny: important interest plus substantial relation; applies to sex-based classifications and content-neutral time/place/manner rules.

Rational basis: law upheld if rationally related to any legitimate government purpose; burden rests on the challenger.

Vagueness and overbreadth doctrines void laws that fail to give fair notice or chill protected expression.

Ex post facto prohibition bars retroactive criminal punishment; bills of attainder bar legislative punishment without trial.

State action doctrine: constitutional rights constrain government conduct, not private conduct absent significant state involvement.

Contract formation requires offer, acceptance, and consideration; acceptance must mirror the offer (mirror image rule) unless the UCC gap-filler applies.

Statute of Frauds requires writing for land sales, suretyship, marriage consideration, one-year contracts, and sale of goods over the threshold amount.

Parol evidence rule excludes prior or contemporaneous oral terms that contradict a fully integrated written agreement.

Negligence elements: duty, breach, actual cause, proximate cause, and damages; res ipsa loquitur permits inference of breach.

Strict liability applies to abnormally dangerous activities and defective products; plaintiff need not prove negligence.

Intentional torts: battery, assault, false imprisonment, trespass, conversion; intent means desire or substantial certainty of result.

Property: adverse possession requires actual, open, notorious, exclusive, continuous possession for the statutory period.

Remedies: expectation damages place the injured party in the position of performance; reliance and restitution are alternatives.

Joint and several liability permits full recovery from any joint tortfeasor, subject to contribution or indemnity rules.

Mens rea levels: purposely, knowingly, recklessly, negligently; the mental state attaches to each material element.

Actus reus requires a voluntary act or an omission where a legal duty exists; status alone cannot be criminalized.

Murder at common law is unlawful killing with malice aforethought; malice includes intent to kill, intent to inflict serious injury, reckless indifference, or felony murder.

Voluntary intoxication may negate specific intent but not general intent; involuntary intoxication may be a complete defense.

Self-defense requires reasonable belief in imminent unlawful force; deadly force requires imminent threat of death or serious harm.

Insanity tests: M'Naghten (did not know wrongfulness), irresistible impulse, and Model Penal Code (lacks substantial capacity).

Attempt requires specific intent to commit the target crime plus a substantial step beyond mere preparation.

Conspiracy requires agreement plus intent to achieve the unlawful objective; common law requires an overt act only under some statutes.

Accomplice liability extends to crimes the principal commits if they are the natural and probable consequence of the aided offense.

UCC Article 2 applies to transactions in goods; Article 9 governs secured transactions; Article 3 governs negotiable instruments.

Merchant firm offer under UCC 2-205 is irrevocable for up to three months without consideration if signed and in writing.

Battle of the forms: UCC 2-207 admits additional or different terms unless they materially alter the contract or objection is made.

Perfecting a security interest requires attachment (value, rights in collateral, security agreement) plus filing, possession, or control.

Purchase-money security interest in consumer goods perfects automatically upon attachment; otherwise filing is standard.

Holder in due course takes free of personal defenses if it takes for value, in good faith, and without notice of dishonor or claims.

Negotiability requires writing, signed, unconditional promise to pay a fixed sum, on demand or at definite time, to order or bearer.

Partnership: each partner is an agent for partnership business; unanimous consent required for acts outside ordinary course.

Corporate veil piercing requires fraud, undercapitalization, or failure to observe separateness; alter ego theory is common.

Personal jurisdiction requires minimum contacts, purposeful availment, and fair play; general jurisdiction requires systematic and continuous contacts.

Subject matter jurisdiction: federal question under 28 U.S.C. 1331; diversity requires complete diversity and amount in controversy exceeding $75,000.

Venue is proper where defendant resides, where events occurred, or where property is located; transfer under 1404(a) is for convenience.

Erie doctrine: federal courts apply state substantive law and federal procedural law in diversity cases.

Pleadings under notice pleading require a short plain statement of the claim; heightened pleading applies to fraud and mistake.

Discovery scope: any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case.

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

Res judicata requires final judgment on the merits, same claim, same parties; collateral estoppel bars relitigation of an issue.

Class certification requires numerosity, commonality, typicality, adequacy, and predominance for damages classes.

Fourth Amendment: searches require probable cause and a warrant, subject to exceptions such as consent, search incident to arrest, and exigency.

Stop and frisk under Terry requires reasonable suspicion of criminal activity and a limited pat-down for weapons.

Arrest requires probable cause; a warrantless arrest in public is permitted for felonies and misdemeanors committed in officer's presence.

Exclusionary rule bars evidence obtained through unconstitutional search or seizure; good faith and inevitable discovery are exceptions.

Fifth Amendment: custodial interrogation requires Miranda warnings; waiver must be knowing, voluntary, and intelligent.

Right to counsel attaches at formal charging for Sixth Amendment purposes; interrogation after attachment without counsel is invalid.

Bail and pretrial detention: excessive bail prohibited; preventive detention requires individualized hearing and findings.

Trial rights: speedy public trial, impartial jury, confrontation of witnesses, compulsory process, and proof beyond reasonable doubt.

Double jeopardy bars retrial after acquittal or conviction; mistrial without manifest necessity does not bar retrial.

Agency rulemaking under the APA requires notice, opportunity for comment, and a concise general statement of basis and purpose.

Formal adjudication requires trial-type hearing; informal adjudication requires only notice and a brief statement of grounds.

Chevron-style deference applies when statute is ambiguous and agency interpretation is reasonable; major questions may require clear congressional authorization.

Arbitrary and capricious review requires the agency to examine relevant data and articulate a rational connection between facts and choice.

Exhaustion of administrative remedies is generally required before judicial review; futility and constitutional claims may excuse it.

Standing against agencies requires injury in fact, causation, and redressability; zone of interests test applies to statutory claims.

Freedom of Information Act exemptions include national security, personal privacy, trade secrets, and law enforcement investigations.

Due process in administrative adjudication requires notice, opportunity to be heard, and an impartial decision-maker.

Presidential control: executive agencies serve at the president's pleasure; independent agencies have for-cause removal protections.

Competence and diligence: a lawyer must provide competent representation and act with reasonable promptness and thoroughness.

Confidentiality under Rule 1.6 covers all information relating to representation; disclosure permitted only with informed consent or to prevent death or substantial bodily harm.

Conflict of interest: concurrent conflicts require informed consent confirmed in writing; former client conflicts require consent where materially adverse.

Fee agreements must be reasonable; contingent fees are prohibited in criminal and most domestic relations matters.

Safekeeping property: client funds go in trust accounts; commingling is prohibited; advances for costs must be held in trust.

Candor to tribunal: a lawyer may not knowingly make false statements of fact or law or offer false evidence.

Withdrawal: mandatory when representation results in violation of rules; permissive when client insists on illegal conduct.

Advertising must be truthful and not misleading; solicitation of prospective clients for pecuniary gain in person or by live telephone is restricted.

Attorney-client privilege protects confidential communications for legal advice; the crime-fraud exception removes protection.

IRAC structure: Issue, Rule, Application, Conclusion; each paragraph should advance a single analytical step.

CREAC adds a conclusion first, then rule, explanation, application, and conclusion; useful for predictive memoranda.

Case synthesis: compare facts, holdings, and reasoning across authorities to derive a governing rule.

Rule statements should cite primary authority and distinguish binding from persuasive precedent.

Legal citation format: case name italicized, volume, reporter, page, court, year; pinpoint cites for specific propositions.

Statutory interpretation tools: plain meaning, legislative history, canons such as expressio unius and noscitur a sociis.

Objective analysis for memos predicts outcomes; persuasive analysis for briefs advocates a position using facts and policy.

Counterargument and rebuttal strengthen analysis by addressing the strongest opposing interpretation.

Editing checklist: eliminate passive voice where clarity suffers, define terms once, and verify every citation for accuracy.