MEE Frequency Analysis For the UBE/MEE July 2023 Edition DISCLAIMER The SmartBarPrep MEE Frequency Analysis (hereinafter “Study Guide”) is designed to assist you in studying for the Uniform Bar Exam/Multistate Essay Exam (hereinafter “UBE/MEE”) essays. It was NOT designed to be a prediction of what will be asked on the upcoming UBE/MEE or any future examinations. Although many of the same rules have been repeated on past UBE/MEE essay questions, there is NO GUARANTEE that any future UBE/MEE exam will test the same or similar rules that have appeared on past exams. SmartBarPrep makes NO WARRANTIES or GUARANTEES as to what subject areas and/or legal rules the National Conference of Bar Examiners or any other bar examiners will test on the upcoming UBE/MEE or any future examinations. While we endeavor to provide accurate and up-to-date information in this Study Guide, the accuracy, completeness, adequacy, or currency of the content is not guaranteed. Your use of any content in this Study Guide or materials linked from our website (www.smartbarprep.com) is at your own risk. Although SmartBarPrep does feel that using this Study Guide will help you on the UBE/MEE, WE MAKE NO GUARANTEE THAT YOU WILL PASS THE UBE/MEE EXAM OR ANY OTHER STATE’S BAR EXAM. Under no circumstances shall we be liable for any losses or damages whatsoever, including direct, indirect, incidental, and consequential damages, resulting from the use of this Study Guide, whether based on contract, tort, or any other legal theory. This Study Guide and the materials contained herein are provided “as is,” and there are no representations or warranties, express or implied, with respect to the use of this Study Guide, or its contents. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The content of this Study Guide is not intended to and does not constitute legal advice nor is it intended to establish any attorney-client relationship. Reading beyond this point constitutes your acceptance of the terms above. © 2023 SmartBarPrep | www.smartbarprep.com We would love to hear from you. If you have any questions, comments, or suggestions please feel free to email us at any time. contact@smartbarprep.com NCBE Trademark Notice UBE®, MBE®, MEE®, MPT®, MPRE®, and NCBE® are trademarks of the National Conference of Bar Examiners. STUDY SMARTER OPTIMIZE YOUR BAR PREP Smart study tools that simplify and optimize your bar exam prep by helping you learn faster, practice more effectively, and prioritize the highly tested topics & rules. Our Proven 3-Step Method to Study Smarter 1. Prioritize Color-coded Priority Outlines, Attack Sheets, & Frequency Charts to streamline the mountain of information you need to know for the bar exam. 2. Optimize Smart flashcards that use cognitive science & adaptive learning to accelerate the learning experience. Printable flashcards are also available. 3. Practice Real questions licensed from the bar examiners along with our smart strategy to practice more effectively for the MBE, MEE, and MPT. visit www.SmartBarPrep.com to learn more Table of Contents Description Page MEE Subject Frequency – Past 59 Exams ............................................................................................ 1 MEE Subject Frequency Chart – Past 34 Exams ................................................................................ 2 MEE Subject Frequency – Past 34 Exams ............................................................................................ 3 MEE Rule Frequency ................................................................................................................................... 4 © 2023 SmartBarPrep | www.smartbarprep.com 1 SmartBarPrep MEE Analysis Subjects Appearing on Past MEE’s (Feb. 1995 to Feb. 202 2023) MEE Subject Frequency – Past 59 Exams Subject Number of Times Subject Appeared on Past Exams Percentage (%) Subject Appeared on Past Exams Agency 46 out of 59 exams 78% Partnerships 35 out of 59 exams 59% Corporations & LLC's 40 out of 59 exams 68% Civil Procedure 54 out of 59 exams 92% Conflict of Laws 23 out of 59 exams 39% Constitutional Law* 15 out of 34 exams 44% Contracts*† 20 out of 34 exams 59% Criminal Law & Procedure* 19 out of 34 exams 56% Evidence* 17 out of 34 exams 50% Family Law 45 out of 59 exams 76% Real Property* 20 out of 34 exams 59% Secured Transactions 41 out of 59 exams 69% Torts* 13 out of 34 exams 38% Trusts & Future Interests 39 out of 59 exams 66% Wills & Estates 45 out of 59 exams 76% * These six subjects were not tested on the Multistate Essay Exam (MEE) until July 2007. † The subject of Sales (UCC Article 2) was tested on a few exams prior to July 2007; those exams were not included in this subject frequency chart because it would artificially inflate the testing percentage. However, the rules tested from those exams are included in the SmartBarPrep Priority Outlines. © 2023 SmartBarPrep | www.smartbarprep.com 2 SmartBarPrep MEE Frequency Chart Subjects Appearing on Past MEE’s (July 2007 to Feb. 202 2023) MEE Subject Frequency Chart – Past 34 Exams Agency 18 Partnerships 13 Corporations & LLC's 21 Civil Procedure 29 Conflict of Laws 9 Constitutional Law 15 Contracts 20 Criminal Law & Procedure 19 Evidence 17 Family Law 19 Real Property 20 Secured Transactions 19 Torts 13 Trusts & Future Interests 20 Wills & Estates 18 0 5 10 15 20 # of Times Tested © 2023 SmartBarPrep | www.smartbarprep.com 25 30 3 SmartBarPrep MEE Analysis Subjects Appearing on Past MEE’s (July 2007 to Feb. 2023 2023) MEE Subject Frequency – Past 34 Exams Subject Number of Times Subject Appeared on Past Exams Percentage (%) Subject Appeared on Past Exams Agency 18 out of 34 exams 53% Partnerships 13 out of 34 exams 38% Corporations & LLC's 21 out of 34 exams 62% Civil Procedure 29 out of 34 exams 85% Conflict of Laws 9 out of 34 exams 26% Constitutional Law 15 out of 34 exams 44% Contracts 20 out of 34 exams 59% Criminal Law & Procedure 19 out of 34 exams 56% Evidence 17 out of 34 exams 50% Family Law 19 out of 34 exams 56% Real Property 20 out of 34 exams 59% Secured Transactions 19 out of 34 exams 56% Torts 13 out of 34 exams 38% Trusts & Future Interests 20 out of 34 exams 59% Wills & Estates 18 out of 34 exams 53% © 2023 SmartBarPrep | www.smartbarprep.com 4 SmartBarPrep MEE Frequency Analysis Rules Appearing on Past UBE/MEE Essays MEE Rule Frequency Total Bar Exams Analyzed 59 Total # of Essays 418 Total # of Rules Analyzed 605 Subject Rule # of Times Rule Appeared on Past Exams Agency Creation of Agency Relationship 6 10.2% Agency Types of Agency Relationships 2 3.4% Agency Termination of Agency Relationship 3 5.1% Agency Actual Authority 14 23.7% Agency Apparent Authority 14 23.7% Agency Inherent Agency Power 3 5.1% Agency Ratification of Agent’s Contracts 4 6.8% Agency Agent’s Contractual Liability 7 11.9% Agency Employee vs. Independent Contractor 7 11.9% Agency Vicarious Liability of Employer: Doctrine of Respondeat Superior 6 10.2% Agency Vicarious Liability: Liability Where Respondeat Superior Doctrine Inapplicable 3 5.1% Agency Vicarious Liability for Acts of Independent Contractors 4 6.8% Agency Knowledge of Agent Imputed to Principal 1 1.7% Agency Fiduciary Duties Owed by the Agent to the Principal 4 6.8% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 5 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Partnerships Creation of a General Partnership 8 13.6% Partnerships Formation of a Limited Partnership (LP) 2 3.4% Partnerships Formation of a Limited Liability Partnership (LLP) 2 3.4% Partnerships Authority to Bind the Partnership 9 15.3% Partnerships Authority to Bind a Partnership After Dissolution 3 5.1% Partnerships Personal Liability of General Partners & Judgment Enforcement 10 16.9% Partnerships Personal Liability of Limited Partners 3 5.1% Partnerships Personal Liability of Limited Liability Partners 3 5.1% Partnerships Partnership Liability for Wrongful Act of Partner 1 1.7% Partnerships Sharing of Profits and Losses 1 1.7% Partnerships Right to Management & Control 2 3.4% Partnerships Transfer of Ownership Interest in a Partnership 3 5.1% Partnerships Right to Partnership Property 3 5.1% Partnerships Remuneration (Payment for Partner’s Services) 2 3.4% Partnerships Partnership Ownership of Inventions 1 1.7% Partnerships Advance of Funds to the Partnership & Reimbursement 2 3.4% Partnerships Management & Control in a Limited Partnership 2 3.4% Partnerships Limited Partner’s Right to Inspect Records 2 3.4% Partnerships Duty of Care 4 6.8% Partnerships Duty of Loyalty 6 10.2% Partnerships Duty to Provide Full Information 3 5.1% Partnerships Action Against a Partner for Misconduct 1 1.7% Partnerships Dissociation (Withdrawal of a Partner) 4 6.8% Partnerships Dissolution of a General Partnership 8 13.6% Partnerships Dissolution of a Limited Partnership 1 1.7% Partnerships Winding Up & Termination of the Partnership 2 3.4% Corporations & LLC’s Formation of a Corporation (Articles of Incorporation) 2 3.4% Corporations & LLC’s Bylaws 2 3.4% Corporations & LLC’s Amending the Bylaws 1 1.7% Corporations & LLC’s Powers of a Corporation 2 3.4% Corporations & LLC’s Foreign Corporation 1 1.7% Corporations & LLC’s Formation of an LLC 1 1.7% Corporations & LLC’s Liability of Promoter for Pre-Incorporation Contracts 3 5.1% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 6 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Corporations & LLC’s Liability of Corporation for Pre-Incorporation Contracts 2 3.4% Corporations & LLC’s Defective Incorporation & Owner Liability 1 1.7% Corporations & LLC’s Personal Liability & Piercing the Veil 5 8.5% Corporations & LLC’s Common & Preferred Shares 1 1.7% Corporations & LLC’s Authorized, Outstanding, & Reacquired Shares 2 3.4% Corporations & LLC’s Consideration in Exchange for Shares 1 1.7% Corporations & LLC’s Dividends & Distributions to Shareholders 3 5.1% Corporations & LLC’s Shareholder Meetings: Right to Vote & Record Date 2 3.4% Corporations & LLC’s Shareholder Meetings: Proxy Voting & Revocation of a Proxy 4 6.8% Corporations & LLC’s Shareholder Meetings: Annual Meetings, Special Meetings, & Notice 1 1.7% Corporations & LLC’s Shareholder Meetings: Quorum & Voting 2 3.4% Corporations & LLC’s Shareholder Meetings: Election of Directors 1 1.7% Corporations & LLC’s Shareholder’s Right to Inspect Books and Records 4 6.8% Corporations & LLC’s Shareholder Voting Agreements & Trusts 1 1.7% Corporations & LLC’s Shareholder Management Agreements 0 0.0% Corporations & LLC’s Shareholder Right of Expression & Submitting Proposed Resolutions 1 1.7% Corporations & LLC’s Board of Directors Shall Exercise All Corporate Powers 2 3.4% Corporations & LLC’s Board of Directors Meeting: Quorum 3 5.1% Corporations & LLC’s Board of Directors Meeting: Voting & Objection to Actions 2 3.4% Corporations & LLC’s Board of Directors Meeting: Notice & Waiver 2 3.4% Corporations & LLC’s Board Action by Written Consent 1 1.7% Corporations & LLC’s Removal of Directors 1 1.7% Corporations & LLC’s Authority of Officers 3 5.1% Corporations & LLC’s Removal of Officers 1 1.7% Corporations & LLC’s Management of an LLC 2 3.4% Corporations & LLC’s Authority of Members and Managers of an LLC 2 3.4% Corporations & LLC’s Preemptive Rights 1 1.7% Corporations & LLC’s Restrictions on Share Transfers 1 1.7% Corporations & LLC’s Fiduciary Duties of Directors: Duty of Care 9 15.3% Corporations & LLC’s Fiduciary Duties of Directors: Duty of Loyalty – Conflicting Interest Transaction 8 13.6% Corporations & LLC’s Fiduciary Duties of Directors: Duty of Loyalty – Usurping a Corporate Opportunity 1 1.7% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 7 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Corporations & LLC’s Fiduciary Duties of Shareholders 2 3.4% Corporations & LLC’s Restricting/Eliminating Fiduciary Duties in a Corporation 1 1.7% Corporations & LLC’s Fiduciary Duties Owed by Members/Managers of an LLC 3 5.1% Corporations & LLC’s Restricting/Eliminating Fiduciary Duties in an LLC 1 1.7% Corporations & LLC’s Direct & Derivative Actions 7 11.9% Corporations & LLC’s Derivative Actions: Dismissal by the Board of Directors 1 1.7% Corporations & LLC’s Federal Securities Law – Rule 10b-5 1 1.7% Corporations & LLC’s Amending the Articles of Incorporation 2 3.4% Corporations & LLC’s Mergers and Share Exchanges 2 3.4% Corporations & LLC’s Sale of All or Substantially All of Corporate Assets 3 5.1% Corporations & LLC’s Dissenter’s Appraisal Rights for Fundamental Changes 4 6.8% Corporations & LLC’s Judicial Dissolution of a Corporation 2 3.4% Corporations & LLC’s Voluntary Dissolution of a Corporation 2 3.4% Corporations & LLC’s Dissociation of a Member from an LLC 2 3.4% Corporations & LLC’s Dissolution & Winding Up of an LLC 3 5.1% Civil Procedure Subject Matter Jurisdiction: Federal Question 11 18.6% Civil Procedure Subject Matter Jurisdiction: Diversity of Citizenship 21 35.6% Civil Procedure Subject Matter Jurisdiction: Supplemental Jurisdiction 10 16.9% Civil Procedure Subject Matter Jurisdiction: Domestic Relations Exception 1 1.7% Civil Procedure Subject Matter Jurisdiction: Diversity Jurisdiction of a Large Class Action 1 1.7% Civil Procedure Removal 4 6.8% Civil Procedure Abstention Doctrines 2 3.4% Civil Procedure Personal Jurisdiction 11 18.6% Civil Procedure Service of Process and Notice 4 6.8% Civil Procedure Venue (Proper Venue & Transfer of Venue) 11 18.6% Civil Procedure Law Applied by Federal Courts: Erie Doctrine, Substance vs. Procedure, & Supremacy Clause 9 15.3% Civil Procedure Preliminary Injunction 2 3.4% Civil Procedure Temporary Restraining Order (TRO) 3 5.1% Civil Procedure Federal Court Pleading Rules: Claim for Relief 1 1.7% Civil Procedure Federal Court Pleading Rules: Responding to a Pleading 1 1.7% Civil Procedure Amendments to Pleadings & Relation Back Doctrine 3 5.1% Civil Procedure Counterclaims 3 5.1% Civil Procedure Cross-Claims 1 1.7% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 8 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Civil Procedure Rule 11 – Representations to the Court 2 3.4% Civil Procedure Rule 11 – Sanctions Imposed 2 3.4% Civil Procedure Rule 11 – Procedure for Filing a Sanctions Motion 1 1.7% Civil Procedure Permissive Joinder of Parties 5 8.5% Civil Procedure Required Joinder of Parties 3 5.1% Civil Procedure Intervention as of Right & Permissive Intervention 1 1.7% Civil Procedure Impleader (Third-Party Actions) 3 5.1% Civil Procedure Class Action Requirements & Certification 2 3.4% Civil Procedure Discoverable Information (Relevant & Proportional Standard) 1 1.7% Civil Procedure Depositions 1 1.7% Civil Procedure Electronically Stored Information & Spoliation Sanctions 2 3.4% Civil Procedure Rule 26(g) – Signing Disclosures & Sanctions for Improper Certification 1 1.7% Civil Procedure Rule 26(a) Initial Disclosures 1 1.7% Civil Procedure Attorney Work Product Doctrine 3 5.1% Civil Procedure Pretrial Conference and Order 3 5.1% Civil Procedure Motion to Dismiss & Motion for Judgment on the Pleadings 4 6.8% Civil Procedure Motion for Summary Judgment 5 8.5% Civil Procedure Motion for Judgment as a Matter of Law 3 5.1% Civil Procedure Motion for a New Trial 1 1.7% Civil Procedure Preclusive Effect of a Default Judgment 1 1.7% Civil Procedure Claim Preclusion (Res Judicata) 2 3.4% Civil Procedure Issue Preclusion (Collateral Estoppel) 4 6.8% Civil Procedure Appeals: Final Judgment Rule & Exceptions 5 8.5% Conflict of Laws Choice of Law Theories: Traditional Vested Rights Approach 2 3.4% Conflict of Laws Choice of Law Theories: Most Significant Relationship Approach 3 5.1% Conflict of Laws Choice of Law Theories: Interest Analysis Approach 3 5.1% Conflict of Laws Choice of Law Rules: Torts 1 1.7% Conflict of Laws Choice of Law Rules: Contracts 3 5.1% Conflict of Laws Choice of Law Rules: Contractual Forum-Selection Clause 2 3.4% Conflict of Laws Choice of Law Rules: Premarital Agreements 1 1.7% Conflict of Laws Choice of Law Rules: Real Property Cases 1 1.7% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 9 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Conflict of Laws Choice of Law Rules: Inheritance of Real & Personal Property 3 5.1% Conflict of Laws Foreign Corporation: Governing Law 1 1.7% Conflict of Laws Law Applied by Federal Courts: Erie Doctrine, Substance vs. Procedure, & Supremacy Clause 9 15.3% Conflict of Laws Law Applied by State Courts: Substance vs. Procedure 1 1.7% Conflict of Laws Full Faith and Credit: State, Federal, and Foreign Court Judgments 1 1.7% Conflict of Laws Full Faith and Credit: Ceremonial & Common Law Marriage 4 6.8% Conflict of Laws Full Faith and Credit: Family Law Judgments 6 10.2% Constitutional Law State Sovereign Immunity (11th Amendment) 2 5.9% Constitutional Law Standing 1 2.9% Constitutional Law Advisory Opinions, Ripeness, & Mootness 0 0.0% Constitutional Law Commerce Clause 1 2.9% Constitutional Law Power to Enforce the 13th, 14th, and 15th Amendments 1 2.9% Constitutional Law Taxing Power 0 0.0% Constitutional Law Spending Power 1 2.9% Constitutional Law Executive Powers: Domestic Powers 0 0.0% Constitutional Law Executive Powers: Treaty and Foreign Affairs Powers 0 0.0% Constitutional Law Delegation of Congressional Powers & Non-Delegation Doctrine 0 0.0% Constitutional Law State Immunity from Federal Law (10th Amendment) 2 5.9% Constitutional Law Negative Commerce Clause 2 5.9% Constitutional Law Supremacy Clause & Preemption 0 0.0% Constitutional Law Governmental Action (“State Action”) 3 8.8% Constitutional Law Substantive Due Process 0 0.0% Constitutional Law Procedural Due Process 0 0.0% Constitutional Law Equal Protection Analysis 2 5.9% Constitutional Law Takings (5th Amendment) 2 5.9% Constitutional Law Privileges and Immunities Clause 0 0.0% Constitutional Law Freedom of Religion: Establishment Clause 0 0.0% Constitutional Law Freedom of Religion: Free Exercise Clause 0 0.0% Constitutional Law Freedom of Speech: Content-Based vs. Content-Neutral Restrictions 1 2.9% Constitutional Law Freedom of Speech: Public Forum, Limited Public Forum, & Non-Public Forum 2 5.9% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 10 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Constitutional Law Unprotected Speech: Fighting Words 1 2.9% Constitutional Law Unprotected Speech: Incitement of Imminent Lawless Action 1 2.9% Constitutional Law Unprotected Speech: Obscenity 0 0.0% Constitutional Law Freedom of Speech: Regulation of Commercial Speech 0 0.0% Constitutional Law Freedom of Speech: Public School Students 1 2.9% Constitutional Law Freedom of Speech: Government Employees 0 0.0% Constitutional Law Freedom of Speech: Regulation of Expressive Conduct 0 0.0% Constitutional Law Freedom of Speech: Prior Restraint 0 0.0% Constitutional Law Freedom of Speech: Vague & Overbroad Laws 1 2.9% Constitutional Law Freedom of Speech: Corporate & Union Political Expenditures 1 2.9% Constitutional Law Freedom of the Press: Defamation & Actual Malice Standard 1 2.9% Constitutional Law Freedom of the Press: Disclosure of Private Facts & Generally Applicable Laws 1 2.9% Constitutional Law Freedom of Association 0 0.0% Contracts UCC Article 2 Governs Contracts for the Sale of Goods 10 29.4% Contracts Applicable Law: UCC Article 2 vs. Common Law 2 5.9% Contracts Mutual Assent: Offer & Acceptance 4 11.8% Contracts Mutual Assent: Timing of Acceptance/Revocation & the Mailbox Rule 2 5.9% Contracts Mutual Assent: Battle of the Forms (Mirror Image Rule and UCC Exception) 1 2.9% Contracts Mutual Assent: Implied-in-Fact Contracts 0 0.0% Contracts Indefiniteness or Absence of Terms 1 2.9% Contracts Consideration: Bargained for Exchange & Substitutes 3 8.8% Contracts Consideration: Settlement/Release of Legal Claims 0 0.0% Contracts Modification of Contracts: Pre-Existing Duty Rule & Exceptions 4 11.8% Contracts Incapacity 0 0.0% Contracts Duress 1 2.9% Contracts Undue Influence 0 0.0% Contracts Mutual Mistake & Unilateral Mistake 0 0.0% Contracts Misrepresentation 1 2.9% Contracts Illegality 0 0.0% Contracts Public Policy & Restraint of Trade 1 2.9% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 11 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Contracts Unconscionability 0 0.0% Contracts Statute of Frauds: Contracts Requiring a Signed Writing 5 14.7% Contracts Parol Evidence Rule 2 5.9% Contracts UCC Delivery & Risk of Loss 0 0.0% Contracts Condition Precedent 1 2.9% Contracts Implied Obligation of Good Faith and Fair Dealing 0 0.0% Contracts Impossibility, Impracticability, & Frustration of Purpose 0 0.0% Contracts Minor Breach (Substantial Performance Doctrine) vs. Material Breach 2 5.9% Contracts Divisible Performance (Part Performances as Agreed Equivalents) 1 2.9% Contracts UCC Perfect Tender Rule & Exceptions 0 0.0% Contracts UCC Acceptance of Goods & Revocation of Acceptance 3 8.8% Contracts Anticipatory Repudiation & Adequate Assurances 2 5.9% Contracts Accord and Satisfaction 0 0.0% Contracts Express Warranty 1 2.9% Contracts Implied Warranty of Merchantability 0 0.0% Contracts Implied Warranty of Fitness for a Particular Purpose 1 2.9% Contracts Warranty of Title 2 5.9% Contracts Limiting Damages for Breach of Warranty 0 0.0% Contracts Third-Party Beneficiaries & Enforcement of Rights 1 2.9% Contracts Assignment of Rights 1 2.9% Contracts Delegation of Duties 1 2.9% Contracts Common Law Expectation Damages 3 8.8% Contracts Consequential Damages 2 5.9% Contracts Punitive Damages 1 2.9% Contracts Specific Performance 0 0.0% Contracts UCC Seller’s Remedies & Damages 2 5.9% Contracts UCC Buyer’s Remedies & Damages 4 11.8% Contracts Waste Doctrine & Diminution in Value Damages 2 5.9% Contracts Restitution (Unjust Enrichment) 2 5.9% Contracts Rescission 0 0.0% Contracts Mitigation of Damages 2 5.9% Criminal Law & Procedure Elements of a Crime: Acts and Omissions 0 0.0% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 12 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Criminal Law & Procedure Elements of a Crime: Causation 2 5.9% Criminal Law & Procedure Elements of a Crime: Mental States 3 8.8% Criminal Law & Procedure Murder 3 8.8% Criminal Law & Procedure Manslaughter 3 8.8% Criminal Law & Procedure Theft Crimes & Receiving Stolen Property 4 11.8% Criminal Law & Procedure Robbery 2 5.9% Criminal Law & Procedure Burglary 2 5.9% Criminal Law & Procedure Rape & Statutory Rape 0 0.0% Criminal Law & Procedure Assault and Battery 0 0.0% Criminal Law & Procedure Kidnapping & False Imprisonment 0 0.0% Criminal Law & Procedure Arson 0 0.0% Criminal Law & Procedure Criminal Possession Offenses 0 0.0% Criminal Law & Procedure Attempt 1 2.9% Criminal Law & Procedure Conspiracy 0 0.0% Criminal Law & Procedure Solicitation 0 0.0% Criminal Law & Procedure Accomplice Liability 1 2.9% Criminal Law & Procedure Duress 1 2.9% Criminal Law & Procedure Insanity 2 5.9% Criminal Law & Procedure Justification: Self-Defense & Defense of Others 2 5.9% Criminal Law & Procedure Intoxication 0 0.0% Criminal Law & Procedure Mistake of Fact or Law 0 0.0% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 13 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Criminal Law & Procedure Fourth Amendment Right – Government Action & Standing 2 5.9% Criminal Law & Procedure Arrests 2 5.9% Criminal Law & Procedure Request for Information, Stop and Inquire, & Stop and Frisk 2 5.9% Criminal Law & Procedure Warrant Requirement for All Searches, Unless an Exception Applies 4 11.8% Criminal Law & Procedure Exception to Warrant Requirement: Plain View Doctrine 3 8.8% Criminal Law & Procedure Exception to Warrant Requirement: Exigent Circumstances 1 2.9% Criminal Law & Procedure Exception to Warrant Requirement: Automobile Exception 1 2.9% Criminal Law & Procedure Exception to Warrant Requirement: Search Incident to Arrest 0 0.0% Criminal Law & Procedure Exception to Warrant Requirement: Consent 0 0.0% Criminal Law & Procedure Exception to Warrant Requirement: Inventory Search 0 0.0% Criminal Law & Procedure Execution of a Warrant – Knock & Announce Rule 1 2.9% Criminal Law & Procedure Confessions: 14th Amendment Due Process Clause 1 2.9% Criminal Law & Procedure Confessions: 5th Amendment Privilege Against SelfIncrimination & Miranda Rights 6 17.6% Criminal Law & Procedure Confessions: 6th Amendment Right to Counsel 1 2.9% Criminal Law & Procedure Right to Counsel & Effective Assistance of Counsel at Trial 0 0.0% Criminal Law & Procedure Line-Ups & Police-Arranged Identification Procedures 1 2.9% Criminal Law & Procedure Exclusionary Rule & the Fruit of the Poisonous Tree Doctrine 3 8.8% Criminal Law & Procedure Right to a Jury Trial 1 2.9% Criminal Law & Procedure Competence to Stand Trial 1 2.9% Criminal Law & Procedure Double Jeopardy 1 2.9% Criminal Law & Procedure Burden of Proof, Presumptions, & Sufficiency of Evidence 2 5.9% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 14 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Criminal Law & Procedure Harmless Error Rule 0 0.0% Evidence Probative Value: Relevancy & Rule 403 Exclusions 10 29.4% Evidence Subsequent Remedial Measures 2 5.9% Evidence Compromise/Settlement Offers & Negotiations 1 2.9% Evidence Pleas & Plea Negotiations 1 2.9% Evidence Offers to Pay Medical Expenses 1 2.9% Evidence Liability Insurance 0 0.0% Evidence Authentication of Evidence 1 2.9% Evidence Best Evidence Rule 1 2.9% Evidence Character Evidence 6 17.6% Evidence Prior Bad Acts 4 11.8% Evidence Habit or Routine Practice 2 5.9% Evidence Impeachment: Prior Inconsistent Statements 1 2.9% Evidence Impeachment: Prior Convictions 2 5.9% Evidence Impeachment: Specific Instances of Conduct 3 8.8% Evidence Impeachment: Character for Truthfulness 0 0.0% Evidence Impeachment: Ability to Observe, Remember, or Relate Accurately 1 2.9% Evidence Impeachment: Bias 1 2.9% Evidence Impeachment: Hearsay Declarants 1 2.9% Evidence Refreshing Recollection 2 5.9% Evidence Judicial Notice 0 0.0% Evidence Lay Witness Testimony & Opinions 3 8.8% Evidence Expert Witness Testimony 2 5.9% Evidence Hearsay, Multiple Hearsay, & Non-Hearsay 12 35.3% Evidence Hearsay Exclusion: Statements by a Party Opponent 6 17.6% Evidence Hearsay Exclusion: Prior Statements by a Witness 2 5.9% Evidence Hearsay Exclusion: Co-Conspirator Admissions 1 2.9% Evidence Hearsay Exception: Present Sense Impression 4 11.8% Evidence Hearsay Exception: Excited Utterance 3 8.8% Evidence Hearsay Exception: Business Records 3 8.8% Evidence Hearsay Exception: Statements Made for Medical Diagnosis/Treatment 3 8.8% Evidence Hearsay Exception: Statements of Mental, Emotional, or Physical Condition 2 5.9% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 15 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Evidence Hearsay Exception: Dying Declaration 0 0.0% Evidence Hearsay Exception: Statement Against Interest 2 5.9% Evidence Hearsay Exception: Public Records 1 2.9% Evidence Hearsay Exception: Past Recollection Recorded 1 2.9% Evidence Hearsay Exception: Former Testimony 1 2.9% Evidence Sixth Amendment Right to Confront Witnesses 3 8.8% Evidence Spousal Privileges: Spousal Immunity & Confidential Marital Communications 1 2.9% Evidence Attorney-Client Privilege 0 0.0% Evidence Attorney Work Product Doctrine 0 0.0% Evidence Physician-Patient Privilege 2 5.9% Evidence Psychotherapist-Patient Privilege 0 0.0% Family Law Marriage Requirements (State of Mind & Procedural) 1 1.7% Family Law Common Law Marriage 5 8.5% Family Law Bigamous Marriage 3 5.1% Family Law Premarital Agreements: Enforceability 6 10.2% Family Law Premarital Agreements: Child Custody & Support 6 10.2% Family Law Premarital Agreements: Spousal Support 2 3.4% Family Law Premarital Agreements: Eliminating Fundamental Marital Duties & Allocating Financial Responsibilities 1 1.7% Family Law Rights & Responsibilities of Spouses: Married Women’s Property Acts 1 1.7% Family Law Rights & Responsibilities of Spouses: Mutual Support & Doctrine of Nonintervention 1 1.7% Family Law Rights & Responsibilities of Spouses: Payment for Necessities 2 3.4% Family Law Jurisdiction: Marital/Divorce & Support Actions 10 16.9% Family Law Jurisdiction: Child Custody & Adoption Matters 8 13.6% Family Law Jurisdiction: UIFSA & Child Support Disputes 1 1.7% Family Law Annulment 1 1.7% Family Law Divorce Grounds 3 5.1% Family Law Setting Aside Separation & Divorce Settlement Agreements 3 5.1% Family Law Division of Property: Marital vs. Separate Property 9 15.3% Family Law Division of Property: Professional License or Degree 2 3.4% Family Law Division of Property: Marital & Economic Fault 2 3.4% Family Law Division of Property: No Termination Upon Death 1 1.7% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 16 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Family Law Modification of a Property Division Award 2 3.4% Family Law Spousal Support: When Support May be Awarded, Amount, & Termination 4 6.8% Family Law Spousal Support: Reinstatement of Prior Award 1 1.7% Family Law Child Support 5 8.5% Family Law Modification & Enforcement of Child/Spousal Support Orders 8 13.6% Family Law Child Custody: Best Interests of the Child Standard 9 15.3% Family Law Child Custody: Parent vs. Third-Party Custody 4 6.8% Family Law Child Custody: Joint Custody 1 1.7% Family Law Child Custody: Presumption of Parental Fitness 1 1.7% Family Law Visitation: Parental Visitation Rights 1 1.7% Family Law Visitation: Third-Party Visitation Rights 3 5.1% Family Law Child Custody: Relocation of the Custodial Parent & Child 1 1.7% Family Law Modification of a Child Custody Order 3 5.1% Family Law Division of Property of Unmarried Cohabitants 2 3.4% Family Law Agreements Between Unmarried Cohabitants 4 6.8% Family Law Putative Spouse Doctrine 1 1.7% Family Law Establishing Paternity, Presumption of Legitimacy, & Paternity by Estoppel 4 6.8% Family Law Unmarried Biological Father’s Rights 3 5.1% Family Law Right to Control the Child’s Upbringing 3 5.1% Family Law Intra-Family Lawsuits & Immunities 1 1.7% Family Law Loss of Consortium Claims 1 1.7% Family Law Adoption & Parental Consent 6 10.2% Family Law Adoption: Visitation for Biological Parents 1 1.7% Family Law Artificial Insemination & In Vitro Fertilization 2 3.4% Family Law Surrogacy Arrangements 1 1.7% Real Property Present Estates: Fee Simple Absolute & Fee Tail 0 0.0% Real Property Present Estates: Defeasible Fees 2 5.9% Real Property Present Estates: Life Estate 1 2.9% Real Property Present Estates: Statute of Limitations 1 2.9% Real Property Future Estates: Reverter & the Right of Re-Entry 2 5.9% Real Property Future Estates: Vested and Contingent Remainders 2 5.9% Real Property Tenancy in Common 1 2.9% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 17 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Real Property Joint Tenancy: Formation 1 2.9% Real Property Joint Tenancy: Severance 2 5.9% Real Property Joint Tenancy: Lease by One Joint Tenant 1 2.9% Real Property Co-Tenant’s Entitlement to Rent or Reimbursement for Repairs/Improvements 1 2.9% Real Property Types of Leasehold Interests 2 5.9% Real Property Tenant Duties: Duty to Pay Rent 0 0.0% Real Property Landlord’s Rights and Liabilities Concerning a Hold-Over Tenant 0 0.0% Real Property Landlord Duties: Implied Warranty of Habitability 1 2.9% Real Property Landlord Duties: Constructive Eviction 2 5.9% Real Property Landlord Duties: Duty to Mitigate Damages 2 5.9% Real Property Assignment of a Lease 3 8.8% Real Property Subleases 0 0.0% Real Property Termination of Leases: Surrender 3 8.8% Real Property Landlord’s Options if Tenant Abandons Premises 1 2.9% Real Property Real Covenants 0 0.0% Real Property Equitable Servitudes 0 0.0% Real Property Common Scheme or Plan Doctrine (Reciprocal Negative Servitude) 0 0.0% Real Property Restrictive Covenants: Common Interest Ownership Communities & Property Owner Associations 0 0.0% Real Property Easements by Grant, Prescription, Implication, & Necessity 3 8.8% Real Property Scope of an Easement 0 0.0% Real Property Termination of an Easement 2 5.9% Real Property Licenses 0 0.0% Real Property Fixtures 2 5.9% Real Property Adverse Possession 3 8.8% Real Property Requirements for a Valid Land Sale Contract 0 0.0% Real Property Warranty of Marketable Title 1 2.9% Real Property Warranty of Marketable Title: Damages Recoverable 1 2.9% Real Property Doctrine of Equitable Conversion & Risk of Loss 1 2.9% Real Property Time of Performance for Real Estate Contracts 0 0.0% Real Property Action for Specific Performance of Real Property 0 0.0% Real Property Home Builder’s Implied Warranty 2 5.9% Real Property Deed Requirements 1 2.9% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 18 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Real Property General Warranty Deed, Special Warranty Deed, & Quitclaim Deed 4 11.8% Real Property Estoppel by Deed 0 0.0% Real Property Chain of Title and Wild Land Records 4 11.8% Real Property Recording Statutes & Notice 1 2.9% Real Property Bona Fide Purchasers & The Shelter Rule 4 11.8% Real Property Owner by Adverse Possession vs. Subsequent Bona Fide Purchasers 1 2.9% Real Property Deeds: Drafting, Review, and Negotiation of Closing Documents 0 0.0% Real Property Deeds: Persons Authorized to Execute Real Estate Documents 0 0.0% Real Property Mortgages & Requirements for a Valid Mortgage 0 0.0% Real Property Purchase Money Mortgage 0 0.0% Real Property Future-Advance Mortgage 2 5.9% Real Property Deed of Trust 0 0.0% Real Property Assumption & Transfer Subject to a Mortgage 1 2.9% Real Property Mortgages: Foreclosure, Order of Preference, and Deficiency Judgments 1 2.9% Real Property Transfer of a Mortgage Note 0 0.0% Real Property Zoning Ordinances 0 0.0% Real Property Zoning Ordinances: Variances 0 0.0% Real Property Zoning Ordinances: Previous Non-Conforming Use 1 2.9% Real Property Choice of Law Rules: Real Property Cases 1 2.9% Real Property Discrimination: Fair Housing Act 1 2.9% Secured Transactions Article 9 of the UCC Governs Secured Transactions 41 69.5% Secured Transactions Scope of Article 9 of the UCC: Substance Over Form Controls 7 11.9% Secured Transactions Types of Collateral: Accounts 5 8.5% Secured Transactions Types of Collateral: Deposit Accounts 1 1.7% Secured Transactions Types of Collateral: Inventory 8 13.6% Secured Transactions Types of Collateral: Equipment 11 18.6% Secured Transactions Types of Collateral: Consumer Goods 5 8.5% Secured Transactions Types of Collateral: Proceeds 4 6.8% Secured Transactions Types of Collateral: Chattel Paper 2 3.4% Secured Transactions Attachment and Perfection 28 47.5% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 19 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Secured Transactions Financing Statements 4 6.8% Secured Transactions No Interest Retained in a Payment Right Sold & Rights/Title with Respect to Creditors and Purchasers 1 1.7% Secured Transactions Purchase Money Security Interests (PMSI’s) 13 22.0% Secured Transactions Automatic Perfection for Certain Assignment of Accounts 1 1.7% Secured Transactions Perfection of Security Interests in Multiple State Transactions 1 1.7% Secured Transactions Security Interest in the Sale of Collateral & Identifiable Proceeds 8 13.6% Secured Transactions Consignment 1 1.7% Secured Transactions Control of a Deposit Account 1 1.7% Secured Transactions Future Advances 2 3.4% Secured Transactions After-Acquired Property 2 3.4% Secured Transactions Transfers of Collateral & The Shelter Principle 3 5.1% Secured Transactions Buyers in the Ordinary Course of Business 9 15.3% Secured Transactions Consumer-to-Consumer Rule 3 5.1% Secured Transactions Priority for Perfected Interests & Unperfected Interests 21 35.6% Secured Transactions Priority of Liens Arising by Law 1 1.7% Secured Transactions Priority of Judgment Lien Creditors 6 10.2% Secured Transactions Fixtures 3 5.1% Secured Transactions Accessions & Commingling 1 1.7% Secured Transactions Secured Party’s Right to Take Possession of Collateral 6 10.2% Secured Transactions Secured Party’s Right to Dispose of Collateral 6 10.2% Secured Transactions Right to Collect Directly from an Account Debtor 4 6.8% Secured Transactions Damages Available to a Debtor for a Secured Party’s Failure to Comply with Applicable Rules 4 6.8% Secured Transactions Debtor’s Right of Redemption 2 3.4% Secured Transactions Deficiency Judgments 4 6.8% Torts Battery 2 5.9% Torts Assault 0 0.0% Torts False Imprisonment 1 2.9% Torts Intentional Infliction of Emotional Distress 0 0.0% Torts Trespass to Land 0 0.0% Torts Trespass to Chattels & Conversion 0 0.0% Torts Doctrine of Transferred Intent 0 0.0% Torts Intentional Tort Defenses: Consent 2 5.9% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 20 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Torts Intentional Tort Defenses: Privileges 2 5.9% Torts Prima Facie Case of Negligence 6 17.6% Torts Affirmative Duty to Act & Rendering Aid 3 8.8% Torts Standard of Care: Reasonable Person Standard 5 14.7% Torts Standard of Care: Children 3 8.8% Torts Standard of Care: Professionals 2 5.9% Torts Standard of Care: Land Owner/Possessor’s Duty to Entrants 3 8.8% Torts Standard of Care: Landlord’s Duty to Tenants 1 2.9% Torts Negligence Per Se 3 8.8% Torts Res Ipsa Loquitur 2 5.9% Torts Causation: Actual and Proximate Cause 7 20.6% Torts Proximate Cause: Intervening Causes 6 17.6% Torts Causation: Eggshell Plaintiff Rule & Emotional Distress Stemming from Physical Injury 3 8.8% Torts Comparative Negligence & Contributory Negligence 2 5.9% Torts Assumption of Risk 0 0.0% Torts Negligent Infliction of Emotional Distress 2 5.9% Torts Vicarious Liability of Employer: Doctrine of Respondeat Superior 6 10.2% Torts Vicarious Liability: Liability Where Respondeat Superior Doctrine is Inapplicable 3 5.1% Torts Employee vs. Independent Contractor 7 11.9% Torts Vicarious Liability for Acts of Independent Contractors 4 6.8% Torts Joint and Several Liability 2 5.9% Torts Indemnification 1 2.9% Torts Contribution 0 0.0% Torts Doctrines of Alternative Liability, Joint Enterprise, & Market Share Liability 2 5.9% Torts Defamation 0 0.0% Torts Invasion of Privacy Torts 0 0.0% Torts Intentional Interference with Business Relations 0 0.0% Torts Intentional & Negligence Misrepresentation 0 0.0% Torts Public and Private Nuisance 0 0.0% Torts Strict Liability: Wild & Domestic Animals 0 0.0% Torts Strict Liability: Abnormally Dangerous Activity 1 2.9% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 21 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Torts Strict Products Liability: Liability for Manufacturing Defect, Design Defect, & Failure to Warn 3 8.8% Torts Products Liability: Liability for Negligence 1 2.9% Torts Products Liability: Liability for Breach of Warranty 1 2.9% Trusts & Future Interests Trust Formation Elements 10 16.9% Trusts & Future Interests Precatory Language & Promises to Create a Trust 3 5.1% Trusts & Future Interests UTC Exception to Definite-Beneficiary Rule 1 1.7% Trusts & Future Interests Revocable & Irrevocable Trusts 5 8.5% Trusts & Future Interests Testamentary Trusts 1 1.7% Trusts & Future Interests Pour-over Provision in a Will 5 8.5% Trusts & Future Interests Charitable Trusts 3 5.1% Trusts & Future Interests Illusory Trusts 1 1.7% Trusts & Future Interests Resulting Trusts 1 1.7% Trusts & Future Interests Discretionary Trusts 5 8.5% Trusts & Future Interests Support Trusts 3 5.1% Trusts & Future Interests How Trust Assets Pass 1 1.7% Trusts & Future Interests Cy Pres Doctrine 6 10.2% Trusts & Future Interests Spendthrift Trusts 6 10.2% Trusts & Future Interests Rights of Creditors 7 11.9% Trusts & Future Interests Powers of Invasion 1 1.7% Trusts & Future Interests Modification of a Trust 2 3.4% Trusts & Future Interests Equitable Deviation Doctrine & Modification of Administrative and Dispositive Trust Provisions 1 1.7% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 22 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Trusts & Future Interests Additions Clause in a Trust 1 1.7% Trusts & Future Interests Termination of a Trust 5 8.5% Trusts & Future Interests Distribution Upon Termination 2 3.4% Trusts & Future Interests Conditions that Prohibit Marriage or Require Divorce 2 3.4% Trusts & Future Interests Trustee Duty to Administer the Trust 5 8.5% Trusts & Future Interests Trustee Duty of Care: Prudent Administration, Take Control, & Protect Trust Property 1 1.7% Trusts & Future Interests Trustee Duty of Loyalty: Self-Dealing 5 8.5% Trusts & Future Interests Trustee Duty of Loyalty: Conflicts of Interest 2 3.4% Trusts & Future Interests Trustee Duty of Loyalty: Duty to Act Impartially 3 5.1% Trusts & Future Interests Trustee Duty of Care: Failure to Test the Market 1 1.7% Trusts & Future Interests Trustee Duty of Care: Investments & Prudent Investor Rule 6 10.2% Trusts & Future Interests Delegation of Trustee Duties 1 1.7% Trusts & Future Interests Trustee Acting in Accordance with the Settlor’s Wishes 2 3.4% Trusts & Future Interests Principal and Income Allocations 4 6.8% Trusts & Future Interests Damages for Wrongful Invasion of Trust Assets 1 1.7% Trusts & Future Interests Remainder Beneficiary of a Trust 4 6.8% Trusts & Future Interests Future Interests: Representation of Remaindermen 1 1.7% Trusts & Future Interests Future Interests: Substituted Takers 2 3.4% Trusts & Future Interests Vested Remainder Interest 3 5.1% Trusts & Future Interests Vested Interests: Condition on Survivorship 3 5.1% Trusts & Future Interests Acceleration of Future Interests 3 5.1% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 23 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Trusts & Future Interests Powers of Appointment 5 8.5% Trusts & Future Interests Powers of Appointment: Special Power of Appointment 4 6.8% Trusts & Future Interests Powers of Appointment: Ineffective Appointments 4 6.8% Trusts & Future Interests Powers of Appointment: Takers-in-Default 1 1.7% Trusts & Future Interests Common Law Rule Against Perpetuities & Modern Modifications 6 10.2% Trusts & Future Interests Class Gifts 9 15.3% Wills & Estates Intestate Succession 14 23.7% Wills & Estates Validity of a Will 1 1.7% Wills & Estates Will Execution Formalities 8 13.6% Wills & Estates Will Execution Formalities: Strict Compliance & Substantial Compliance Doctrine 2 3.4% Wills & Estates Doctrine of Integration 2 3.4% Wills & Estates Interested Witnesses 4 6.8% Wills & Estates Codicils 5 8.5% Wills & Estates Holographic Wills & Codicils 8 13.6% Wills & Estates Incorporation by Reference 11 18.6% Wills & Estates Acts of Independent Significance 1 1.7% Wills & Estates Revocation by Physical Act 8 13.6% Wills & Estates Revocation by Subsequent Will or Codicil 4 6.8% Wills & Estates Dependent Relative Revocation Doctrine 6 10.2% Wills & Estates Revival of a Will 2 3.4% Wills & Estates Contractual Wills 3 5.1% Wills & Estates Will Takes Effect at the Time of Death 3 5.1% Wills & Estates Per Capita at Each Generation Distribution 1 1.7% Wills & Estates Modern Per Stirpes (Per Capita by Representation) Distribution 1 1.7% Wills & Estates Per Stirpes Distribution 3 5.1% Wills & Estates Heirship: Parentelic Method vs. Civil-Law Consanguinity Method 2 3.4% Wills & Estates Generically Described Property 1 1.7% Wills & Estates Ambiguity in a Will 1 1.7% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 24 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Wills & Estates Reformation to Correct Mistakes 1 1.7% Wills & Estates Advancements/Satisfaction 5 8.5% Wills & Estates Simultaneous Death 2 3.4% Wills & Estates Residue of a Residue Approach 3 5.1% Wills & Estates Conditions that Prohibit Marriage or Require Divorce 2 3.4% Wills & Estates Will Provisions Governing when the Testator Dies With or Without Issue 1 1.7% Wills & Estates Lapsed Gifts & Anti-Lapse Statutes 7 11.9% Wills & Estates Ademption 6 10.2% Wills & Estates Stock Splits and Dividends 3 5.1% Wills & Estates Exoneration 1 1.7% Wills & Estates Abatement 4 6.8% Wills & Estates Slayer Statutes 4 6.8% Wills & Estates Disclaimers 6 10.2% Wills & Estates Divorce Revokes Testamentary Provisions to a Former Spouse 4 6.8% Wills & Estates Prenuptial Agreement Does Not Apply to Voluntary Gifts or Bequests 1 1.7% Wills & Estates Conditional Will 1 1.7% Wills & Estates Specific, General, and Demonstrative Gifts 1 1.7% Wills & Estates Class Gifts 9 15.3% Wills & Estates Inheritance Rights of Children & Disinheritance 3 5.1% Wills & Estates Legal Definition of Children 5 8.5% Wills & Estates Inheritance by Equitable Adoption 2 3.4% Wills & Estates Spouse’s Elective Share 2 3.4% Wills & Estates Pretermitted Children 4 6.8% Wills & Estates Testamentary Capacity 5 8.5% Wills & Estates Insane Delusion 1 1.7% Wills & Estates Undue Influence 4 6.8% Wills & Estates Fraud 1 1.7% Wills & Estates Standing to Challenge a Will 3 5.1% Wills & Estates No-Contest Clauses 1 1.7% Wills & Estates Modification of a Will Due to Mistake 1 1.7% Wills & Estates Joint Bank Accounts & Convenience Account Exception 2 3.4% Wills & Estates Totten Trusts 1 1.7% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested 25 SmartBarPrep MEE Frequency Analysis Subject Rule # of Times Rule Appeared on Past Exams Wills & Estates Life Insurance Beneficiary 2 3.4% Wills & Estates Inter Vivos Gifts 1 1.7% Wills & Estates Invasion of Non-Probate Assets to Pay Creditors 1 1.7% Wills & Estates Powers & Duties of Personal Representatives 1 1.7% Wills & Estates Durable Health-Care Power of Attorney & Advanced Directives 2 3.4% Wills & Estates Durable Health Care Power of Attorney & Living Wills: Insulation of Agent’s Liability 2 3.4% Wills & Estates Family Consent Laws 2 3.4% © 2023 SmartBarPrep | www.smartbarprep.com % out of Exams Tested SmartBarPrep MEE Analysis Notes 26 Subjects Agency / Partnerships: Partnerships The Oct. 2020 MEE (Essay 4) tested the subject of Partnerships, even though the examiners titled the essay as "Agency & Partnerships". Civil Procedure: Procedure The July 2020 MEE (Essay 4) was labeled as "Family Law" by the examiners. However, Civil Procedure topics were also tested (such as Domicile and Long-Arm Jurisdiction / Minimum Contacts), and because of this we listed the essay as testing both the subjects of Family Law and Civil Procedure. Partnerships / Corporations & LLC’s: LLC’s The Feb. 2019 MEE (Essay 3) tested the subjects of Partnerships and LLC's, even though the examiners titled the essay as "Agency & Partnerships". Agency / Partnerships: Partnerships The Feb. 2018 MEE (Essay 6) tested the subject of Partnerships, even though the examiners titled the essay as "Agency". Contr Contracts: acts The subject of Sales (UCC Article 2) was tested on a few exams prior to July 2007; these rules have been included in the Contracts subject. Rules Parol Evidence Rule: Rule The July 2010 MEE (Essay 2, Point One) mentioned the UCC rule regarding partial integrations in the “Note” section, but it was not a tested issue. Implied Warranty of Merchantability: The Implied Warranty of Merchantability was tested in a Torts essay on the July 2016 MEE (Essay 3, Point Two[a]) in the products liability context, and said rule is included in the Torts portion of the outline. Robbery: Robbery The crime of armed robbery was mentioned in the July 2009 MEE (Essay 7, Point Two), but it was not a tested issue. The rule for Attempt was the actual issue tested. Hearsay: Hearsay The Public Records Exception to Hearsay was mentioned in the “Note” section of the July 2016 MEE (Essay 2, Point Three), but was not a tested issue because it was inapplicable to the fact pattern. Contribution: Contribution Although this rule has not been tested to date on a Torts essay, the concept of Contribution was discussed in the “Note” section of the Feb 2015 MEE (Essay 1, Point Four). Defamation: Defamation A Constitutional Law question concerning defamation was tested on the July 2008 MEE (Essay 2, Point One), but Torts was not tested. Even though the question involved the tort of defamation, the rules tested were solely the free speech limits on defamation. Additionally, the bar examiners noted the subject area for the essay as “Constitutional Law”. © 2023 SmartBarPrep | www.smartbarprep.com OUR STUDY TOOLS OPTIMIZE YOUR BAR PREP Priority Outlines Smart Sheets Color-coded outlines to streamline the mountain of information you need to know for the bar exam. Includes priority ratings, each rule’s frequency, list of exams tested, & model rule statements. Concise breakdowns of the law tested (2-9 pages per subject) – with a color coded priority rating (high/ med/low) – to focus on the highly tested MBE & MEE rules. Smart Flashcards Frequency Charts Smart flashcards that use cognitive science & adaptive learning to accelerate the learning experience. Printable flashcards are also available. Charts that show the frequency of items tested on the MBE, MEE, and MPT sections – so you can see what’s highly tested and prioritize your studying. Smart Guides Real Practice Questions Guides that simplify and explain how to prepare for the bar exam, with tips, strategies, & step-by-step approaches to maximize your score. Real questions licensed from the bar examiners along with our smart strategy to practice more effectively for the MBE, MEE, and MPT. visit www.SmartBarPrep.com to learn more Essay Priority Outline For the UBE/MEE July 2023 Edition 01 AGENCY A. Agency Relationships ■ Creation of Agency Relationship • HIGH 6 of 59 Exams • ■ MED 2 of 59 Exams 3 of 59 Exams July 2022, Essay 3 Sept 2020, Essay 5 Feb 2009, Essay 1 Feb 2006, Essay 2 July 2004, Essay 5 Feb 1996, Essay 5 MEE TIP The rule for Creation of an Agency Relationship is normally tested along with such topics as authority, undisclosed principal, or employee vs. independent contractor. There are three types of agency relationships. A universal agent has broad authority to act on behalf of the principal, and is authorized to perform ALL acts the principal is allowed to perform. A general agent normally has authority to conduct a series of transactions over a period of time for a particular purpose, business, or operation (i.e. a manager of a restaurant). A special agent has limited authority to conduct: (a) a specific act/transaction; OR (b) certain actions over a specified period of time. Sept 2020, Essay 5 Feb 2005, Essay 7 Termination of Agency Relationship • MED The subjects of Agency and Partnerships are normally tested together on essay questions. Types of Agency Relationships • ■ An agent is a person or entity that acts on behalf of another – the principal. Agency is a fiduciary relationship, and exists if there is: (1) assent (a formal or informal agreement between the principal and the agent); (2) benefit (the agent’s conduct on behalf of the principal primarily benefits the principal); AND (3) control (the principal has the right to control the agent by being able to supervise the agent’s performance – the degree of control does not need to be significant). Whether an agency relationship exists depends upon the existence of the required elements above (the characterization of the relationship by the parties is irrelevant). The parties realizing that a principal-agent relationship is formed or the agent receiving compensation is NOT REQUIRED to create an agency relationship. A writing is NOT required to form an agency relationship (even if the transaction the agent enters into requires a writing under the Statute of Frauds). MEE TIP An agency relationship terminates and the agent no longer has authority to act if: (a) the principal or the agent manifests to the other that the relationship is terminated; (b) a specified term of the agent’s authority expired; (c) upon operation of law by the death of the principal or agent; OR (d) upon operation of law by the incapacity of the principal or agent (except where a durable power of attorney exists). © 2023 SmartBarPrep | www.smartbarprep.com July 2002, Essay 6 July 2001, Essay 6 July 1996, Essay 2 1 09 EVIDENCE FRE = Federal Rules of Evidence A. Probative Value ■ Probative Value: Relevancy & Rule 403 Exclusions • HIGH 10 of 34 Exams • Relevancy: To be admissible, evidence must be relevant. Evidence is relevant if: (1) it has any tendency to make a fact more or less probable than it would be without the evidence; AND (2) the fact is of consequence in determining the action. Relevant evidence is ADMISSIBLE unless another rule or exclusion provides otherwise. Irrelevant evidence is NOT admissible. Rule 403 Exclusions (Balancing Test): Under FRE 403, the court may exclude relevant evidence if its probative value is substantially outweighed by a danger of: (a) unfair prejudice; (b) confusing the issues; (c) misleading the jury; (d) undue delay; (e) wasting time; OR (f) being needlessly cumulative. Probative value is the ability of the evidence to prove something important at trial. Evidence is unfairly prejudicial when the evidence is (1) unnecessary, AND (2) might cause the jury to improperly sympathize or dislike a party. Unfair surprise is NOT a ground for exclusion. As an alternative to excluding evidence completely under Rule 403, the court could limit the unfair prejudice to a party by: (a) limiting the scope of evidence or examination to specific topics; OR (b) giving the jury a limiting instruction (e.g. directing the jurors to only consider the evidence for a specific purpose). MEE TIP All evidence essay questions must be answered according to the Federal Rules of Evidence. Feb 2023, Essay 6 July 2022, Essay 1 Feb 2020, Essay 6 July 2018, Essay 5 July 2017, Essay 5 Feb 2016, Essay 2 July 2014, Essay 5 Feb 2013, Essay 7 Feb 2012, Essay 1 Feb 2010, Essay 7 MEE TIP: When & How to Discuss Relevance If a question asks whether certain evidence is “admissible”, be sure to discuss Relevance. In recent essays, relevancy has been discussed briefly for each item even though relevance wasn’t the primary rule tested. For example, on the July 2018 MEE (Essay 5), Relevance was briefly discussed at the beginning of Point One, Two, Three(a), and Four. For this type of brief analysis: First, state “Evidence is relevant if it has any tendency to make a fact more probable or less probable than it would be without the evidence.” Then, write one sentence on why the evidence is relevant. Remember to state the rule and analysis very briefly (unless a greater analysis of Relevance and the Rule 403 exclusions is warranted). © 2023 SmartBarPrep | www.smartbarprep.com 173 10 FAMILY LAW UMDA = Uniform Marriage and Divorce Act UPAA = Uniform Premarital Agreement Act PKPA = Parental Kidnapping Prevention Act UCCJEA = Uniform Child Custody Jurisdiction and Enforcement Act A. Getting Married ■ Marriage Requirements (State of Mind & Procedural) • LOW 1 of 59 Exams ■ • HIGH 5 of 59 Exams • A valid common law marriage creates marital rights and obligations identical to a ceremonial marriage. A common law marriage generally requires that the spouses: (1) live together for a specified amount of time; (2) be legally able to marry; (3) have a present agreement that the two parties are married; AND (4) hold themselves out as being married. Once formed, a common law marriage can only be dissolved through divorce or annulment. Most states will honor a valid common law marriage established in another state (even if not recognized within the state). However, a court may refuse to honor a common law marriage when the spouses and the marriage have limited contacts to the state where the common law marriage was allegedly established. Feb 2017, Essay 3 July 2011, Essay 6 July 2006, Essay 4 July 1999, Essay 4 July 1995, Essay 5 Bigamous Marriage • MED 3 of 59 Exams July 1997, Essay 4 Common Law Marriage • ■ A valid marriage requires: (1) consent from both parties; (2) a marriage license; AND (3) that the marriage is solemnized in a ceremony by a judicial officer or church. Courts interpret the consent requirement differently. Some courts find consent if the parties participate in a marriage ceremony and sought some benefits of marriage. While other courts find consent only if the parties consented to the obligations of marriage. • A person CANNOT be married to more than one person at the same time. Thus, a marriage is NOT valid if entered into when one of the parties is still married (i.e. before the dissolution of an earlier marriage). However, a bigamous marriage (when a person is married to more than one person at the same time) may be saved under either: (a) the equity doctrine; OR (b) the Uniform Marriage and Divorce Act (UMDA). © 2023 SmartBarPrep | www.smartbarprep.com Feb 2017, Essay 3 Feb 2006, Essay 4 July 1995, Essay 5 191 Smart Sheets For the UBE (MBE+MEE) July 2023 Edition 01 AGENCY A. Agency Relationships H Creation of Agency Relationship B. Contractual Liability of Principal & Agent H Definition – Agency is a fiduciary relationship, where a person or entity (the agent) acts on behalf of another (the principal). Two Types – occurs if: Express Authority → by principal’s explicit directions to the agent (either orally or in writing). Implied Authority → either: a) Action is necessary to carry out the agent’s express authorized duties; b) Agent acted similarly in prior dealings with the principal; OR c) It’s customary for an agent in that position (silence/acquiescence can give rise to a reasonable belief of authority in the future). Elements – An agency relationship exists if there is: 1) Assent – a formal or informal agreement; 2) Benefit – the conduct primarily benefits the principal; AND 3) Control – the principal has the right to control the agent (control doesn’t need to be significant). *The characterization of the relationship by the parties is irrelevant. M M Types of Agency Relationships − Universal Agent – has broad authority, authorized for ALL acts the principal can perform. − General Agent – has authority to conduct a series of transactions over a period of time. − Special Agent – has limited authority either for a specific act/transaction OR a specified period of time. Termination of Agency Relationship An agency relationship terminates by: a) A manifestation by either party that the relationship is terminated; b) Expiration of a specified term of authority; c) Death of principal or agent (by operation of law); OR d) Incapacity of the principal or agent (by operation of law) – except if a durable power of attorney exists. Death of Principal: Common Law → agency is terminated regardless of whether the third-party has notice of principal’s death. Some States → NOT terminated until the third-party has notice of the death. Agency Contracts – Principal can terminate the agent at any time. − BUT, principal may be liable for damages if agent is terminated prior to the expiration of a contract (unless the agent materially breached contract). © 2023 SmartBarPrep | www.smartbarprep.com Actual Authority – A principal is bound to a contract entered into by its agent if the agent had actual authority. An agent has actual authority when acting within their reasonable understanding of authority, even if the principal later shows the agent was mistaken. H Apparent Authority – A principal is bound to a contract entered into by its agent if the agent had apparent authority. Apparent Authority exists when: 1) A third-party reasonably believes the agent has authority to act on behalf of the principal; AND 2) That belief is traceable from the principal’s manifestations (principal holds the agent out as having authority). A principal holds the agent out as having authority if principal: a) gives a position or title indicating authority; b) previously held the agent out and did not publish a revocation; OR c) cloaked the agent with the appearance of authority. *Continues until the principal communicates termination to third-parties. Apparent Authority is NOT applicable if: a) the third-party had knowledge that the agent did not have actual authority; OR b) the transaction was not within the ordinary usages of business. Unidentified/Partially Disclosed Principal → Apparent Authority CAN exist. Undisclosed Principal → Apparent Authority CANNOT exist. 1 03 CORPORATIONS & LLC’S − Definitions BoD = Board of Directors SH = Shareholder RMBCA = Revised Model Business Corporation Act RULLCA = Revised Uniform Limited Liability Company Act L A. Formation of a Corporation M Formation of a Corporation Date of Corporate Existence → begins on the date the Articles of Incorporation are properly filed with the Secretary of State, unless a delayed effective date is specified. − RMBCA → DOES NOT allow an earlier effective date. L Operating Agreement – Governs: (1) the relations between the members and LLC; (2) the rights/duties of managers; (3) activities and affairs of the LLC; and (4) any means and conditions for amending the Operating Agreement. The Articles of Incorporation control if there is a conflict with the Bylaws. L M Amending the Bylaws: Shareholders → may amend or repeal. Board of Directors → may amend or repeal UNLESS: a) Articles of Incorporation exclusively reserve the power to SH’s; OR b) The SH’s (in amending a bylaw) expressly provide that the BoD cannot amend or reinstate that specific bylaw. *If a bylaw deals with director nomination procedures, the BoD retains power to safeguard the voting process, BUT cannot repeal a shareholder approved bylaw. Formation of an LLC Articles of Organization – An LLC is formed when the: 1) Articles of Organization (a.k.a. Certificate of Formation) is properly filed with the Secretary of State; AND 2) LLC has at least one member. Articles of Incorporation – are filed to form a corporation, and MUST contain: 1) corporate name; 2) number of shares the corp. is authorized to issue; 3) corp.’s address and name of the initial registered agent; AND 4) name and address of each incorporator. Bylaws = rules and regulations adopted by the BoD that govern the internal operations of a corp. − RMBCA → bylaws may contain any provision not inconsistent with the: (a) Articles of Incorporation; OR (b) law of the jurisdiction. Foreign Corporation – A corp. incorporated in another state or jurisdiction. − Foreign Registration Statement → MUST be filed with the Secretary of State to do business in another state. − Governing Law → Law where corp. is formed governs both (i) internal affairs of corp., and (ii) interest liability of SH’s. B. Formation of a Limited Liability Company De Jure Corporation = a properly formed corporation. M Includes → lawsuits, own/lease real property, contracts, incur liabilities, borrow/loan money, make investments, involvement with other businesses, fix compensation/salaries, charitable donations, pay/engage in lobbying. C. Pre-Formation Contract Liability M Liability of Promoter – A promoter acts on behalf of a corp. that has not yet been formed. A promoter is personally liable when: 1) he purports to act as or on behalf of a corp.; AND 2) knows no corp. was formed. A promoter remains personally liable for a pre-corp. contract even if the corp. subsequently adopts the contract. − BOTH the corp. and the promotor will be liable if adopted. A promoter is NOT liable if: a) there is a subsequent novation; OR b) the contract explicitly provides that the promoter has no personal liability. Powers of a Corporation – A corp. has the power to do all things necessary or convenient to carry out its business and affairs. © 2023 SmartBarPrep | www.smartbarprep.com 1 07 CONTRACTS Definitions B. Contract Formation CL = Common Law UCC = Uniform Commercial Code Offeror = Person that makes an offer Offeree = Person to whom an offer is made Merchant = Person who deals in goods of the kind Requirements to Form a Valid Contract Elements: (1) mutual assent (offer and acceptance), (2) consideration or a substitute, AND (3) no defenses to formation. ELEMENT # 1 – MUTUAL ASSENT (OFFER + ACCEPTANCE) Contract Fundamentals Bilateral vs. Unilateral Contract Bilateral Contract – A contract formed by an exchange of promises. Unilateral Contract – Involves only 1 promise (by offeror) that expressly requires performance to accept. − Contract is formed ONLY WHEN offeree completes performance. Express vs. Implied Contract Express – Formed by express written or oral terms. Implied-in-Fact – Formed by conduct of the parties. Implied-in-Law (Quasi-Contract) – NOT a contract, is a restitution remedy to prevent unjust enrichment. Void, Voidable, & Unenforceable Void – No contract exists, agreement has no legal effect. Voidable – Problem with the contract exists, but it MAY be enforced or rejected at the option of one party. Unenforceable – Is a valid contract that CANNOT be enforced because a defense applies. A. Applicable Law H H UCC vs. Common Law UCC Art. 2 → Governs sale of goods contracts. Common Law (CL) → Applies to all other contracts (e.g. services, construction, real property). Mixed Contracts (involves both goods & services/ other) → Predominant purpose of the contract controls the law to apply. Sale of Goods Contracts – UCC Article 2 governs all sale of goods contracts. − Goods = all things movable at the time of identification to the contract (except money/currency). *But, Common Law principles continue to apply, unless the UCC specifically displaces them. A sale of goods contract may be made in any manner sufficient to show agreement. © 2023 SmartBarPrep | www.smartbarprep.com H Mutual Assent – Requires (1) an offer by one party, AND (2) acceptance of that offer by another party. OFFER – (1) A manifestation of present intent to enter into a contract, (2) with definite & reasonably certain terms, (3) communicated to an identified offeree. Termination – An offer can be terminated before acceptance by: a) Revocation by offeror; b) Rejection or Counteroffer by offeree; c) Lapse of Time – time for acceptance expires after (i) time limit stated, or (ii) reasonable time (if no time stated); d) Death or Incapacity of either party; OR e) Supervening Illegality – proposed contract becomes illegal after offer is made. Revocation – An offer may be revoked at any time before acceptance by: a) Unambiguous words or conduct indicating an unwillingness/inability to contract communicated to offeree; OR b) Indirect Revocation – when (1) offeror takes definite action inconsistent with entering into a proposed contract; AND (2) offeree acquires reliable info to that effect. Irrevocable Offers – An offer is irrevocable if: − Option Contract – a promise to keep an offer open supported by consideration. − UCC Merchant’s Firm Offer – requires (1) an offer by a Merchant to buy/sell goods, (2) in a signed writing, (3) stating offer will be held open (irrevocability CANNOT exceed 3 months), (4) separately signed by offeror (if form was supplied by offeree). ▪ Consideration is NOT required. − Detrimental Reliance – offer was reasonably relied on to offeree’s detriment. − Start Performance on Unilateral Contract – makes offer temporarily irrevocable for a reasonable time to complete performance. ▪ Mere preparation is insufficient. 1 10 FAMILY LAW Uniform Premarital Agreement Act (UPAA) – Agreement must be: 1) in writing; AND 2) signed by both parties. *No consideration is required. Definitions UMDA = Uniform Marriage and Divorce Act UPAA = Uniform Premarital Agreement Act UIFSA = Uniform Interstate Family Support Act PKPA = Parental Kidnapping Prevention Act UCCJEA = Uniform Child Custody Jurisdiction and Enforcement Act NOT Enforceable under UPAA if: a) Involuntarily (fraud, duress, coercion); OR b) Unconscionable when executed AND before execution the spouse was: (i) not provided fair disclosure (of property/financial obligations); (ii) did not waive disclosure in writing; or (iii) did not have (or could have) knowledge of such information. A. Getting Married L Marriage Requirements – A valid marriage requires: 1) consent from both parties; 2) a marriage license; AND 3) a ceremony (solemnized by a judicial officer or church). Consent – Depends on the jurisdiction. − Some States → if the parties participate in a ceremony AND sought some benefits of marriage. − Other States → if parties consented to the obligations of marriage. H Common Law Marriage – Requires that the spouses: 1) live together for a specified amount of time; 2) be legally able to marry; 3) have a present agreement that they are married; AND 4) hold themselves out as being married. Involuntarily Factors → Courts consider: (1) presence of independent legal counsel; (2) length of time between agreement and wedding; (3) ability to understand the agreement; and (4) other reasons for proceeding with the marriage (i.e. pregnancy). H Child Custody & Support – NOT binding on a court, and any provision that adversely affects a child’s right to support is unenforceable. − If an agreement is NOT in the child’s best interests, a court may order a parent to pay an amount reasonable or necessary for the child’s support. M Spousal Support UPAA → Permitted, but not enforceable if it makes the spouse eligible for public support (welfare). − Court may order support to the extent necessary to avoid eligibility. Some States → Invalid as against public policy. L Eliminating Fundamental Marital Duties & Allocating Financial Responsibility – Spouses may agree on any matter that is not in violation of (a) public policy, or (b) criminal law. − May allocate financial responsibilities, but it’s NOT binding on third-parties. − Agreements that limit spousal support during marriage → generally void as against public policy. A valid Common Law Marriage creates rights/obligations identical to a ceremonial marriage. − Most states will honor a Common Law Marriage validly obtained in another state. M Bigamous Marriage – A person CANNOT be married to more than one person at the same time. − A marriage is NOT valid if entered into when one of the parties is still married (before the dissolution of an earlier marriage). BUT, a marriage may be saved under: a) Equity Doctrine → creates a strong presumption that the most recent marriage is valid (rebuttable if evidence shows first marriage was not dissolved). b) UMDA → marriage may be validated upon removal of the impediment (i.e. earlier marriage is terminated). B. Premarital Agreements H Enforceability – Premarital agreements are enforceable unless procured by fraud, duress, or coercion. © 2023 SmartBarPrep www.smartbarprep.com C. Being Married L Married Women’s Property Acts – Women retain full rights to their property after marriage. L Mutual Support – All states recognize a marital duty of support between spouses. − But, the Doctrine of Nonintervention DOES NOT allow a court to intervene in an ongoing 1 UBE Smart Flashcards - Screenshots
