MT Bar cheat sheet

Diversity jurisdiction requires complete diversity between all plaintiffs and all defendants and an amount in controversy exceeding $75,000, exclusive of interest and costs.

A corporation is a citizen of its state of incorporation and its principal place of business; an LLC is a citizen of every state where any member is a citizen.

Under Erie, a federal court in diversity applies state substantive law and valid federal procedural rules; absent a valid federal rule, state law applies if it is outcome-determinative or discourages forum shopping.

Hearsay is an out-of-court statement offered for its truth; party-opponent statements are nonhearsay, and prior inconsistent statements under oath may be substantive evidence.

Under UCC Article 2, a merchant's signed firm offer is irrevocable without consideration for the stated period or a reasonable period, capped at three months.

A warrantless search incident to arrest may cover the arrestee's person and immediate control area; vehicle passenger compartments require a recent occupant and reaching-distance justification.

Res ipsa loquitur requires an accident type ordinarily absent negligence and an instrumentality in the defendant's exclusive control; the plaintiff must not have contributed.

A race-notice recording statute protects a subsequent bona fide purchaser who records first without actual, inquiry, or record notice of a prior interest.

Adverse possession requires actual, open and notorious, exclusive, continuous possession for the statutory period under a claim of right hostile to the owner.

A principal is bound by an agent's actual authority, express or implied, and by apparent authority when the principal's manifestations reasonably lead a third party to rely on the agent's power.

Partners are jointly and severally liable for partnership obligations; a partner's act in the ordinary course binds the partnership unless the third party knows the partner lacks authority.

The business judgment rule protects directors' informed, good-faith decisions absent conflict; demand futility may excuse a derivative plaintiff's pre-suit demand on the board.

Article 9 attachment requires value, debtor rights in the collateral, and an authenticated security agreement describing the collateral; perfection may occur by filing, possession, or control.

A premarital agreement is enforceable if written and signed, voluntary, and made with fair disclosure or knowledge; unconscionability and independent counsel affect enforceability.

Child custody decisions use the best interests of the child, weighing stability, parental fitness, child preference, sibling relationships, and domestic violence.

A holographic will requires material provisions in the testator's handwriting and the testator's signature; many states do not require witnesses.

A spendthrift trust restricts the beneficiary's voluntary and involuntary alienation; creditors generally cannot reach trust assets before distribution to the beneficiary.

The MPT is a closed-universe exercise: the library supplies applicable statutes, cases, and rules, while the file supplies transcripts, correspondence, contracts, and factual materials.

The task memorandum identifies the deliverable, audience, tone, and legal issues; its instructions control the format and scope of the response.

An objective memorandum typically contains Question Presented, Brief Answer, Statement of Facts, Discussion, and Conclusion, and predicts the likely legal outcome.

A persuasive brief typically contains a caption, statement of facts, argument headings, and conclusion, and applies library authority to the client's facts.

A client letter translates legal analysis into plain language, explains facts and law, identifies options and risks, and states recommended next steps.

A drafting task requires consistent defined terms, allocation of risks, and contingencies drawn from the file facts and governing library law.

MPT scoring evaluates legal analysis, factual application, organization, citation, tone, grammar, and compliance with the task memorandum.