NY Bar cheat sheet

Constitutional law: state action is required for Fourteenth Amendment claims; the First Amendment applies to federal action directly, and to states through incorporation under the Due Process Clause of the Fourteenth Amendment.

Contracts: under UCC 2-207, a definite and seasonable expression of acceptance operates as an acceptance even though it states additional or different terms, unless the acceptance is expressly made conditional on assent to those terms.

Torts: for strict products liability, the plaintiff must show the product was defective when it left the defendant's control, the defect made it unreasonably dangerous, and the defect caused the injury; privity is generally not required for personal injury.

Evidence: hearsay is an out-of-court statement offered to prove the truth of the matter asserted; it is inadmissible unless an exclusion or exception applies. Prior consistent statements are admissible to rebut a charge of recent fabrication or improper influence.

Criminal law: felony murder requires a killing during the commission of an inherently dangerous felony; the underlying felony merges with the homicide and cannot itself serve as the predicate for felony murder.

Real property: a covenant runs with the land only if it touches and concerns the land, the original parties intended it to run, there is vertical privity of estate, and the successor has notice.

Civil procedure: a federal court exercising diversity jurisdiction applies state substantive law and federal procedural law under Erie; personal jurisdiction requires minimum contacts, relatedness, and fair play.

MBE scoring: 175 scored questions (25 unscored pretest items); each MBE subject contributes 25 scored questions. The MBE is weighted 50% of the total UBE score in most adopting jurisdictions.

The MEE is a six-question, three-hour essay examination; each question is worth equal weight, and the subjects tested are drawn from the MBE subjects plus business associations, family law, trusts and estates, and conflicts of law.

Agency: an agent has actual authority when the principal manifests consent, and apparent authority when the principal's manifestations lead a third party to reasonably believe the agent is authorized.

Partnerships: under the Revised Uniform Partnership Act, all partners are jointly and severally liable for partnership obligations, but a limited partner in an LP is liable only up to the capital contribution.

Corporations: directors owe duties of care and loyalty; the business judgment rule presumes informed decisions made in good faith with no conflict of interest. Entire fairness review applies to self-dealing transactions.

Family law: a prenuptial agreement is enforceable if it is in writing, voluntarily executed, and not unconscionable; under the UPAA, it may waive spousal support and property rights.

Trusts: a trust requires a settlor with capacity and intent, trust property, a definite beneficiary, a trustee, and a valid trust purpose. A charitable trust must have indefinite beneficiaries.

Wills: a will requires testamentary intent, capacity, and statutory formalities (signature by the testator and attestation by two witnesses). A holographic will requires material provisions in the testator's handwriting.

Conflicts of law: under the vested-rights approach, the law of the place of the wrong governs torts; under interest analysis, the forum applies the law of the state with the greatest interest in the issue.

The MPT consists of two 90-minute tasks; each task supplies a file (facts) and a library (authorities). The instructions specify the document to produce, such as a memorandum, brief, contract provision, or client letter.

The MPT is graded on factual analysis, legal analysis, and communication; a strong answer applies the supplied authorities to the supplied facts rather than reciting outside law.

The file contains the operative facts; the library contains statutes, cases, and rules. Candidates should read the instructions first, then the library, then the file, to identify which facts are legally relevant.

Each MPT task is scored on a 6-point scale by two graders; the two MPT tasks together are weighted 20% of the total UBE score in most adopting jurisdictions.

A memorandum should use a structured format: a question presented, a short answer, a statement of facts, an analysis, and a conclusion. The analysis should apply the rule to the facts.

A persuasive brief should include a caption, a statement of the case, a statement of facts, an argument with headings, and a conclusion; the argument should address adverse authority.

Time management: allocate about 15-20 minutes to read the instructions, library, and file; about 60 minutes to draft; and about 10-15 minutes to review and polish the document.

The MPT tests practical skills, not substantive law recall; the answer must use only the authorities provided in the library, even if the candidate knows contrary outside law.