MO Bar cheat sheet

Seven MBE subjects: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, Torts. 175 scored questions in 2024+ format (200 total, 25 unscored pretest); each subject weighted roughly 14–17% except Civil Procedure and Criminal Law/Procedure at about 14% each.

Answer choices are scored on the single best answer; when two choices seem correct, the distinction is usually a required element (e.g., intent, causation, reliance) or a doctrinal default rule.

Civil Procedure: personal jurisdiction uses minimum contacts plus fair play and substantial justice; general jurisdiction only where the defendant is 'at home' (incorporation state or principal place of business); specific jurisdiction requires the claim to arise from or relate to the contacts.

Constitutional Law: strict scrutiny (fundamental rights, suspect classes) requires compelling interest plus narrow tailoring; intermediate scrutiny (sex, illegitimate children) requires important interest plus substantial relation; rational basis presumes validity.

Contracts: UCC Article 2 applies to goods; a merchant's firm offer (signed writing) is irrevocable without consideration for up to three months; mirror-image rule is relaxed under UCC §2-207; Statute of Frauds requires a writing for goods of $500 or more.

Evidence: relevance requires probative value and materiality; character evidence is inadmissible to prove conduct except for habit, and FRE 404(b) permits other-act evidence for motive, intent, identity, absence of mistake, or plan; hearsay requires an out-of-court statement offered for truth, subject to exemptions (party-opponent) and exceptions.

Criminal Law: common-law murder requires malice (intent to kill, intent to cause serious bodily harm, reckless indifference, felony murder); voluntary intoxication can negate specific intent but not malice; the M'Naghten test asks whether the defendant knew the nature/quality of the act or that it was wrong.

Real Property: recording statutes - race-notice requires a subsequent purchaser to take without notice and record first; notice requires no notice at the time of purchase; race requires recording first; shelter rule protects a transferee from a protected purchaser.

Torts: negligence elements are duty, breach, causation (actual plus proximate), and damages; comparative negligence reduces recovery, contributory negligence bars; strict liability for abnormally dangerous activities and wild animals; defamation requires a false statement of fact, publication, fault, and harm to reputation.

The MEE consists of six 30-minute essay questions; subjects are drawn from the same seven MBE areas plus Business Associations, Family Law, Conflicts of Law, Trusts and Estates, and Secured Transactions.

Answers are graded on issue identification, accurate rule statements, and application of facts; a well-organized IRAC structure (Issue, Rule, Analysis, Conclusion) with headings maximizes points.

Business Associations: agency requires consent, benefit, and control; a general partner is personally liable for partnership obligations; a corporation's shareholders are shielded by limited liability absent piercing the corporate veil (alter ego, undercapitalization, fraud).

Family Law: prenuptial agreements are enforceable if procedurally fair and not unconscionable; child custody uses the best-interests-of-the-child standard; marital property is divided under equitable distribution in community property and common-law states differ.

Conflicts of Law: a court applies its own forum's choice-of-law rules; for torts, most states use the most-significant-relationship test; for contracts, the parties' chosen law generally governs unless contrary to a fundamental public policy of the forum.

Trusts and Estates: a valid will requires testamentary intent, capacity, and formalities (signature by testator and two witnesses); a trust requires a settlor, trustee, beneficiary, and trust res; spendthrift clauses restrict a beneficiary's voluntary and involuntary transfers.

Secured Transactions: attachment requires value given, debtor's rights in the collateral, and a security agreement signed by the debtor; perfection by filing a financing statement gives priority over unperfected interests; a PMSI in consumer goods is perfected automatically.

Time management: 30 minutes per question; spend roughly 5 minutes outlining, 20 minutes writing, and 5 minutes reviewing for missed issues; identify the governing law the question specifies (common law vs. UCC).

The MPT has two 90-minute tasks; each provides a file (facts, correspondence, documents) and a library (statutes, cases, regulations) with an assignment memo specifying the deliverable (e.g., memorandum, brief, contract provision, client letter).

The MPT tests practical lawyering, not substantive knowledge: the library contains the controlling rules, so the task is to extract, synthesize, and apply them to the file facts.

Read the assignment memo first to identify the audience, the required format, and the specific question; then read the library for rules and the file for facts, annotating as you go.

Objective memos use a neutral tone and predict outcomes; persuasive briefs advocate a position and cite the library authorities; client letters translate legal conclusions into plain language.

Follow the format conventions of the requested document: headings, a statement of facts, an analysis section, and a conclusion; a well-structured document earns format points independent of the legal analysis.

Cite the provided authorities by name (e.g., 'Under Smith v. Jones') rather than formal Bluebook citations; the graders look for accurate rule statements and application, not citation form.

Watch for red herrings: not every document in the file is relevant; identify the facts that trigger or defeat each element of the rule, and note facts that are missing or ambiguous.

Budget time: about 15 minutes to read the memo and library, 20 minutes to outline, 45 minutes to draft, and 10 minutes to review for consistency and completeness.