Stephen L. Emanuel - Strategies and Tactics for the MBE (Strategies & Tactics for the MBE Book 1)

Sixth Edition

The late

Kimm Walton, J.D.

and

Steve Emanuel, J.D.

This revision prepared by

Steve Emanuel

Copyright 2016 CCH Incorporated. All Rights Reserved.

Published by Wolters Kluwer in New York.

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All portions of this book, except as otherwise noted below, 2010, 2016 CCH. All rights reserved. All questions except Civil Procedure questions, copyright 1992, 1995, 1997, 2002, 2006, 2009, 2011 National Conference of Bar Examiners. All rights reserved. All questions and annotation-style answers in the section entitled OPE-4,

copyright 2013, National Conference of Bar Examiners. All rights reserved.

Certain publicly disclosed questions and answers from past MBE examinations have been included herein with the permission of NCBE, the copyright owner. These questions and answers are the only actual MBE questions and answers included in these materials. Permission to use the NCBE's questions does not constitute an endorsement by NCBE or otherwise signify that NCBE has reviewed or approved any aspect of these materials or the company or individuals who distribute these materials. Some of the publicly disclosed MBE questions that have been included herein come from an NCBE

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eISBN 978-1-4548-7961-9

This book is intended as a general review of a legal subject. It is not intended as a source for advice for the solution of legal matters or problems. For advice on legal matters, the reader should consult an attorney.

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TABLE OF CONTENTS

Sections by Subject

Civil Procedure

Constitutional Law

Contracts

Criminal Law and Procedure

Evidence

Real Property and Future Interests

Torts

Practice Multistate Bar Exam

PREFACE

Thanks for buying this book. I hope and believe that if you use it conscientiously, it will help you a lot on the MBE portion of your state's bar exam. In fact, there is some evidence that it helps students meaningfully improve their performance on bar-exam essay questions in the seven MBE subjects as well.

Newly-added to this edition are questions on Civil Procedure, a subject that became part of the MBE in February 2015. Unlike all the other questions in this book, the Civil Procedure questions here (both in the Civil Procedure section and in the Practice Exam) are not actual past MBE

questions released by the examiners, but rather questions drafted by my editorial team and me that we hope will prove comparable to the ones you will encounter on the exam.

The first few editions of this book, dating to the 1990s, were written solely by the late Kimm Walton, J.D. Kimm and I then collaborated on several later editions in the early 2000s. Kimm was also the sole original author of the Law in a Flash series of legal flashcards published by Wolters Kluwer Law & Business. Kimm, who died tragically in 2013 at age 53, was a wonderful (and funny) legal writer whom my colleagues and I greatly miss.

For this 2016 edition, I did the substantial majority of the editorial revision work myself and take full responsibility for all errors. I would, however, like to express my thanks to several people who worked with me on this edition:

Helen Hershkoff, Herbert M. and Svetlana Wachtell Professor of Law, New York University Law School

Don Bushell, J.D., member of the California bar

Dana Wilson, J.D., editor

Good luck on the MBE and on the rest of the bar exam. If you'd like any other publication from Wolters Kluwer, you can find it at your bookstore or at www.WKlegaledu.com. If you'd like to contact me, you can email me at semanuel@westnet.com.

Steve Emanuel

Larchmont, NY

April 2016

ABOUT

THE MBE

If you're like most students, there's quite a bit about the Multistate Bar Exam (MBE) that you don't know. Here are the answers to some of the questions we hear most frequently.

Is the MBE required in every state?

Almost. As of July 2016, only one state Louisiana doesn't

administer the MBE. The District of Columbia, the Virgin Islands, Guam, the Northern Mariana Islands, and Palau also require the MBE.

When is the MBE given?

In most states, the MBE is given twice each year on the last Wednesday in February and on the last Wednesday in July but a few states offer the MBE only once a year. Most states also administer their own, state-specific exams on the day(s) immediately before or after the MBE; these state-specific exams usually consist of essays covering a variety of subjects. In addition, other multistate exams, such as the Multistate Essay Examination (MEE) and the Multistate Performance Test (MPT), take place on the day(s) immediately before or after the MBE.

What's the format of the MBE?

The Multistate Bar Examination is a six-hour examination consisting of 200 questions. The exam is divided into two parts: Part I is administered in the morning and Part II is administered in the afternoon. Each part takes three hours and contains 100 questions.