Torts
Mixed Bag
Bar Exam Miscellaneous
Contracts
Essay Exams
100
This famous case decided by Justice Cardozo involved a railroad, fireworks, and a plaintiff who was not owed a duty.
What is Palsgraf?
100
These kinds of damages are generally not awarded for breach of contract, as they often require proof of malice.
What are punitive damages?
100
The one-day seminar on Thursday after the bar exam that everyone must complete before being admitted to the Montana Bar.
What is the Montana Law Seminar?
100
These determine whether a provision is a material alteration under the battle of the forms.
What are undue hardship and surprise?
100
The amount of time you have to read and answer each essay question on the bar exam.
What is 30 minutes?
200
These defendants are often held to a subjective standard of care.
What are children?
200
When a party has established facts supporting each element of her claim, she has this.
What is a prima facie case?
200
The Montana Bar Examiners use this grading scale for the MEE and MPT.
What is 0 to 6?
200
The difference between the contract price and selling price is an inadequate measure of damages for this kind of seller because she could have made an additional sale.
What is a lost volume seller?
200
These people grade the Montana MEE and MPT.
Who are the Montana Bar Examiners?
300
The duty owed by a landowner to an undiscovered trespasser.
What is no duty?
300
These damages are intended to restore the value of a benefit unjustly conferred on the defendant by the plaintiff.
What are restitution damages?
300
It takes about this long to receive your bar exam results.
What is about 8 weeks?
300
A contract provision that specifies the amount of damages to be paid on breach.
What is a liquidated damages provision?
300
One way to write the first sentence in an essay answer is to simply restate this.
What is the call of the question?
400
The court will grant this motion at trial if there are no disputed facts for the jury to find.
What is a motion for a directed verdict? (credit for summary judgment)
400
In this type of contract, the buyer promises to buy all goods the buyer requires for a period of time.
What is a requirements contract?
400
What you must use to hold your wallet, keys, tissue, and other permitted items during the bar exam.
What is a one-quart clear plastic food storage bag?
400
In this type of contract, a merchant offers to buy or sell goods in a signed writing and promises to hold the offer open for a period of time.
What is a firm offer?
400
This type of statement in your essay answer should generally be followed by a rule.
What is an issue statement?
500
The duty to make reasonable inspections to discover nonobvious dangerous conditions and warn of them or make them safe.
What is the landowner's duty to an invitee?
500
Under this doctrine, a plaintiff’s percentage of fault reduces her damages regardless of how much it is.
What is pure comparative negligence?
500
500 hours, minimum
How much time should you spend studying for the bar exam?
500
These are reasonably incurred by a buyer in inspecting, receiving, transporting, or caring for goods it rightfully rejected due to the seller’s breach.
What are incidental damages?
500
This is shorthand for the structure of an ideal essay answer (not an oil-rich country in the Mideast).
What is IRAC?
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