Res judicata. Collateral estoppel. Both terms are fancy ways to refer to the two preclusion doctrines tested on the MBE®, which prevent a party from raising previously decided claims or issues in a subsequent action.
You’ve known that a party can sue for breach of contract to enforce a valid contract since your 1L year. But what if the contract is unenforceable or the parties’ agreement was technically not a contract? Contract law provides two methods of recourse: promissory estoppel and quasi-contract.
As a future lawyer, you know that the First Amendment doesn’t protect all forms of speech—you can burn the American flag, but you can’t shout fire in a public theater. However, confusion can flare up once you’re asked to identify the level of protection afforded certain speech. But don’t sweat it!…
What happens if you prevail on a negligence claim but are found partially responsible for your harm? Cue the quintessential lawyer answer: it depends!
Questions that feature multiple bad actors often ask you to determine who is a conspirator and who is an accomplice. The #1 difference is that conspiracy is a crime, while accomplice liability is a method of holding someone liable for another’s crime. Let’s discuss each concept in turn.
Studying federal civil procedure can feel overwhelming because of the seemingly endless number of deadlines that you need to remember for the bar exam.
Recording acts consistently appear on the MBE®, but the bar examiners rarely tell you which act has been adopted in a particular jurisdiction. Instead, they give you language from the act and leave it to you to figure out which type of recording act you’re dealing with.
If your blood pressure just spiked, take a deep breath and relax. UWorld is here to help you conquer the Erie doctrine on the MBE®. The good news is that you only need to worry about Erie in one limited situation…
Roughly half of the Constitutional Law questions on the MBE® are focused on individual rights—particularly equal protection. Students and practitioners alike struggle to spot equal protection issues and apply the appropriate standard of review. Here is an easy 4-step process to tackle nearly any equal protection question you encounter on the bar exam.
We all know how to use the word “intent” in ordinary conversation: “I didn’t intend to sleep in; I just didn’t set my alarm.” But the ‘lawyer response’ would be: “Of course you did! By not setting your alarm, you knew you wouldn’t wake up early.”