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.
After countless hours of study and practice, you’ve finally finished the bar exam. Congratulations! Here are six tips you can use to make the most out of your time as you anxiously await your bar exam results. 1. Forget About It Put that pesky exam in the back of your mind. It’s now out of […]