NV Bar study materials
NV Bar study resources

NV Bar flashcards

NV Bar · Build recall with a focused review session.

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Nevada community property presumption
Property acquired during marriage in Nevada is presumed community; the party claiming separate status must prove it by clear and convincing evidence, often through tracing.
Nevada prior appropriation water right
Nevada water rights are obtained by beneficial use under permit, with priority by first-in-time; riparian rights are not the governing doctrine.
Nevada gaming license suitability
Gaming licenses require findings of good character, financial stability, and suitability; license status is a threshold issue in related civil and administrative matters.
Essay IRAC structure
Issue, Rule (Nevada authority first), Application element-by-element, Conclusion; each call question needs its own analysis to earn credit.
Performance test closed universe
The Nevada performance test supplies all governing law in the library and all facts in the file; outside authority may not be cited or relied upon.
Task memo first
The performance test task memo defines the document type, audience, and purpose; read it before the library and file to focus fact collection.
Cite facts to file
Performance test answers must cite facts to specific file documents and rules to library authorities; unsupported assertions receive reduced credit.
Objective versus persuasive tone
Objective memos assess both sides and likely outcome; persuasive briefs advocate but must never misstate facts or authority in the file.
Organize by rule elements
Structure performance test documents around the elements of the controlling library rule, not the order facts appear in the file.
Supervised Practice Program purpose
Nevada's SPP lets eligible graduates practice under attorney supervision before full licensure, governed by Supreme Court rule and State Bar administration.
Supervisor qualifications
A supervising attorney must be licensed and in good standing in Nevada and must accept responsibility for the supervised attorney's work.
Written supervision plan
SPP participants typically submit a plan defining practice areas, supervision methods, and reporting; changes require State Bar approval.
Disclose supervised status
Supervised attorneys must identify their status to clients and courts where required and may not practice outside the approved scope.
Supervision does not relax ethics
Confidentiality, conflicts, and trust-accounting duties apply fully to supervised attorneys; supervision does not lessen Rules of Professional Conduct obligations.
SPP record-keeping
Supervised matters and supervisor sign-offs must be documented; incomplete records can delay licensure or terminate program eligibility.
MPRE format
The MPRE is 60 multiple-choice questions in two hours; 50 are scored and 10 are unscored pretest items on professional responsibility.
Concurrent conflict consent
A concurrent conflict may be waived by informed consent confirmed in writing if the lawyer reasonably believes competent representation is possible.
Former client conflict
A lawyer may not represent a new client adversely to a former client in a substantially related matter without informed consent, confirmed in writing.
Confidentiality versus privilege
Model Rule 1.6 confidentiality is broader than attorney-client privilege; it covers all information relating to representation, not just communications.
Permitted disclosure to prevent harm
A lawyer may reveal information to prevent reasonably certain death or substantial bodily harm, and in limited cases to prevent or rectify financial harm.
Prohibited contingent fees
Contingent fees are prohibited in criminal matters and in domestic-relations matters where the fee depends on securing a divorce or obtaining custody or support.
Trust account commingling
Client funds must be held in trust separate from the lawyer's funds; commingling is prohibited, and negligent misappropriation can lead to discipline.
Candor to tribunal
Rule 3.3 requires disclosure of adverse legal authority and correction of false statements; it can override confidentiality in ex parte proceedings.
Direct solicitation prohibition
In-person or live solicitation of prospective clients for gain is generally prohibited, with exceptions for family, close friends, and former clients.
Judicial appearance of impropriety
Judges must avoid impropriety and its appearance, recuse when impartiality is reasonably questioned, and follow campaign-finance and reporting rules.
Nevada bar admission MPRE requirement
Nevada requires applicants to pass the MPRE as part of admission; the score must meet the cutoff set by the State Bar and Supreme Court.
Fee reasonableness factors
Model Rule 1.5 factors include time and labor, novelty, skill required, customary fees, results obtained, time limits, and experience of the lawyer.
Advance fee trust handling
Advance fees are client funds until earned; unearned portions must be held in trust and refunded, while earned fees may be transferred to operating.
Imputation and screening
A conflict is generally imputed to the firm; screening may cure imputation for former-client and government-lawyer conflicts under Model Rules.
Nevada performance test time budget
Outline before drafting and reserve minutes to proofread; completing all requested sections earns more than polishing a single section.
Nevada separate property transmutation
Separate property can become community only by clear agreement or joint titling showing intent to transmute; tracing preserves separate character.
SPP time limit and bar tie
SPP eligibility is time-limited and tied to bar admission; failure to pass the bar or comply with reporting can end eligibility.