Bar Exam: Essential Mnemonics & Rules

What is the mnemonic for contracts that must be in writing under the Statute of Frauds, and what does it stand for?

The mnemonic is MYLEGS: Marriage, Year (cannot be performed within 1 year), Land, Executor, Guarantor/Surety, and Sale of goods $500 or more. Application tip: Always check if an oral contract falls into MYLEGS before analyzing breach.

What is the mnemonic for the elements of adverse possession, and what are the elements?

The mnemonic is OCEAN: Open and notorious, Continuous, Exclusive, Actual, and Non-permissive (hostile). Application tip: Tacking is allowed to meet the 'Continuous' element if there is privity between successive possessors.

What mnemonic identifies the inherently dangerous felonies for felony murder, and what are they?

The mnemonic is BARRK: Burglary, Arson, Rape, Robbery, and Kidnapping. Application tip: If a death occurs during the commission or fleeing of a BARRK crime, the defendant is strictly liable for felony murder.

What is the mnemonic for the permissible uses of prior bad acts (Rule 404(b)), and what does it mean?

The mnemonic is MIMIC: Motive, Intent, Mistake (absence of), Identity, and Common scheme or plan. Application tip: Use MIMIC to admit prior crimes not to show propensity, but to prove a specific element of the current charge.

What are the four essential elements of a negligence claim?

The four elements of negligence are Duty, Breach, Causation (actual and proximate), and Damages. Application tip: Always establish that a duty of care was owed to a foreseeable plaintiff before analyzing breach or causation.

What is the mnemonic for specific intent crimes, and what are the categories?

The mnemonic is FIAT: First-degree murder, Inchoate crimes (solicitation, attempt, conspiracy), Assault with intent to commit a battery, and Theft offenses (larceny, robbery, burglary). Application tip: Voluntary intoxication and unreasonable mistake of fact are valid defenses only to FIAT crimes.

What is the standard for Strict Scrutiny, and which constitutional classifications trigger it?

Under Strict Scrutiny, the government must prove the law is narrowly tailored to achieve a compelling government interest. It is triggered by suspect classifications (Race, Alienage, National Origin) and fundamental rights. Application tip: The burden of proof is on the government, and laws rarely survive this test.

What is the standard for Intermediate Scrutiny, and what classifications trigger it?

Under Intermediate Scrutiny, the government must prove the law is substantially related to an important government interest. It is triggered by quasi-suspect classifications: Gender and Illegitimacy. Application tip: For gender classifications, the government must also show an 'exceedingly persuasive justification.'

What is the Rational Basis test, and who bears the burden of proof?

Under Rational Basis, the plaintiff must prove the law is not rationally related to any legitimate government interest. It applies to all classifications not covered by strict or intermediate scrutiny (e.g., age, wealth). Application tip: The burden is on the challenger, and the government usually wins.

Under the Erie Doctrine, when a federal court sits in diversity jurisdiction, what law must it apply?

Under the Erie Doctrine, a federal court in diversity must apply state substantive law and federal procedural law. Application tip: If there is a valid Federal Rule of Civil Procedure directly on point, it applies (procedural); statutes of limitations and tolling rules are considered substantive state law.