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Rigos Multistate Bar Exam (MBE) Review, Third Edition Volume 1 Rigos Bar Review SeriesTM Multistate Bar Exam (MBE) Review Third Edition Volume 1: Contracts and UCC Article 2, Torts, and Real Property and Future Interests (Course 5311) Law & Business AUSTIN BOSTON CHICAGO NEW YORK THE NETHERLANDS Copyright © 2010 by James J. Rigos. All Rights Reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. Requests for permission to make copies of any part of this publication should be mailed to: James J. Rigos 230 Skinner Building 1326 Fifth Avenue Seattle, WA 98101 Telephone: (206) 624-0716 Fax: (206) 624-0731 [email protected] To contact Aspen Publishers’ Customer Care, e-mail customer.care@ aspenpublishers.com, call 1-800-234-1660, fax 1-800-901-9075, or mail correspondence to: Aspen Publishers Attn: Order Department PO Box 990 Frederick, MD 21705 Printed in the United States of America. 1 2 3 4 5 6 7 8 9 0 ISBN 978-0-7355-7838-8 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. Magic Memory Outlines® is a registered trademark owned by Rigos Professional Education Programs, Ltd. About Wolters Kluwer Law & Business Wolters Kluwer Law & Business is a leading provider of research information and workflow solutions in key specialty areas. The strengths of the individual brands of Aspen Publishers, CCH, Kluwer Law International and Loislaw are aligned within Wolters Kluwer Law & Business to provide comprehensive, in-depth solutions and expert-authored content for the legal, professional and education markets. CCH was founded in 1913 and has served more than four generations of business professionals and their clients. The CCH products in the Wolters Kluwer Law & Business group are highly regarded electronic and print resources for legal, secu- rities, antitrust and trade regulation, government contracting, banking, pension, payroll, employment and labor, and healthcare reimbursement and compliance professionals. Aspen Publishers is a leading information provider for attorneys, business profes- sionals and law students. Written by preeminent authorities, Aspen products offer analytical and practical information in a range of specialty practice areas from securities law and intellectual property to mergers and acquisitions and pension/ benefits. Aspen’s trusted legal education resources provide professors and students with high-quality, up-to-date and effective resources for successful instruction and study in all areas of the law. Kluwer Law International supplies the global business community with compre- hensive English-language international legal information. Legal practitioners, cor- porate counsel and business executives around the world rely on the Kluwer Law International journals, loose-leafs, books and electronic products for authoritative information in many areas of international legal practice. Loislaw is a premier provider of digitized legal content to small law firm practi- tioners of various specializations. Loislaw provides attorneys with the ability to quickly and efficiently find the necessary legal information they need, when and where they need it, by facilitating access to primary law as well as state-specific law, records, forms and treatises. Wolters Kluwer Law & Business, a unit of Wolters Kluwer, is headquartered in New York and Riverwoods, Illinois. Wolters Kluwer is a leading multinational publisher and information services company. RIGOS BAR REVIEW SERIES MULTISTATE BAR EXAM (MBE) REVIEW THIRD EDITION Table of Contents The Rigos Bar Review Series Multistate Bar Exam (MBE) text is presented in two volumes. Volume 1 contains the following three subjects and related contents, including multiple-choice questions and answers. Chapter Subject Volume 1 Page Orientation ..........................................................................................................1 1 Contracts and UCC Article 2 Text ..........................................................1-21 Contracts Magic Memory Outline .................................................................1-89 Contracts Question Distribution Map .........................................................1-101 Contracts Learning and Practice Questions ..............................................1-113 Contracts Answer Rationales ......................................................................1-203 Contracts and UCC Article 2 Index .............................................................1-265 2 Torts Text .....................................................................................................2-267 Torts Magic Memory Outline ........................................................................2-323 Torts Question Distribution Map .................................................................2-333 Torts Learning and Practice Questions.......................................................2-341 Torts Answer Rationales...............................................................................2-413 Torts Index .....................................................................................................2-461 3 Real Property and Future Interests Text ...........................................3-463 Real Property and Future Interests Magic Memory Outline ....................3-523 Real Property and Future Interests Question Distribution Map .............3-535 Real Property and Future Interests Learning and Practice Questions ...3-547 Real Property and Future Interests Answer Rationales ...........................3-621 Real Property and Future Interests Index ..................................................3-673 Volume 1 Index .................................................................................................675 Rigos Bar Review Series Multistate Bar Exam (MBE) Volume 2 of the two-part series contains the following three subjects with related questions and a final prac- tice exam. Chapter Subject Volume 2 Page 4 Evidence ..........................................................................................................4-21 5 Constitutional Law ....................................................................................5-167 6 Criminal Law and Procedure ..................................................................6-305 7 Practice MBE Exam and Instructions ..................................................7-441 RIGOS BAR REVIEW SERIES Other Products in the Series MULTISTATE ESSAY EXAM (MEE) REVIEW t4VDDJODUPVUMJOFGPSNBUPGUIFNPTUGSFRVFOUMZUFTUFEMFHBMQSJODJQMFTprovide you only the information needed to answer MEE essays. t.BHJD.FNPSZ0VUMJOFTTPGUXBSFBTTJTUZPVJOTVNNBSJ[JOHBOEDPOEFOTJOHUIF MFHBMSVMFTUIBUBSFUFTUFEPOUIF.&& t)VOESFETPGBDSPOZNToNOFNPOJDTNBLFJUFBTZUPSFNFNCFSUIFMFHBMJTTVFT UFTUFE tStrategies for issue-spotting and techniques for analysis IFMQCVJMEZPVS DPOmEFODFBOEBOTXFSQSFTFOUBUJPOBCJMJUZ t*OUSPEVDUPSZDIBQUFSPOFYBNTUSBUFHJFTtells you exactly what to expect at the exam IPXUPQSFQBSF BOEUBLFTUIFNZTUFSZPVUPGUIF.&& tTBNQMF.&&TUZMFRVFTUJPOTBOEEFUBJMFEBOTXFSTXJUIHSBEJOHHVJEFTBOE QPJOUFSTIFFUT MULTISTATE PERFORMANCE TEST (MPT) REVIEW t1SPWJEFTdetailed instructions on the best approach to use in answering UIFUZQFTPG.15UBTLTPOUIFFYBN t"n entire chapter devoted to each popular MPT format task question. t*ODMVEFTBEJTUSJCVUJPODIBSUJMMVTUSBUJOHUIFGSFRVFODZIJTUPSZPG.15UBTLT t*EFOUJmDBUJPOPGDPNNPOQJUGBMMTBOEUSBQThelps familiarize you with the typical distracters used by the examiners. tSeven simulated exam questions, categorized by topic with full sample answers QSPWJEFEIFMQZPVHBVHFZPVSQSPHSFTTBOESFJOGPSDF.15QSBDUJDF t&YQMBOBUJPOTBSFDPNQBDU ZFUcomprehensive enough to give you confi- dence that you have learned all the information you need UPQBTTUIF .15 MULTISTATE PROFESSIONAL RESPONSIBILITY EXAM (MPRE) REVIEW t5PQJDTBSFQSFTFOUFEJOBOeasy-to-read outline format, allowing you to find quickly what you need BOEQSPWJEJOHBGPDVTFEBQQSPBDIUPTUVEZJOH t$POUFOUJTFYUFOTJWF ZFUOPUPWFSXIFMNJOH BOEGPDVTFTPOmOFEJTUJODUJPOT supplying you with only the information you need to pass the MPRE. t "DSPOZNTBOE.BHJD.FNPSZ0VUMJOFTTPGUXBSF8PSEUFNQMBUFTBTTJTUZPVJO DPOEFOTJOHMFHBMSVMFT tHundreds of sample questions PSHBOJ[FE CZ TVCKFDU JO B RVFTUJPO NBQ PGGFSFYUFOTJWF.13&QSBDUJDF BTXFMMBTGVMMBOTXFSSBUJPOBMFT tA mock 2-hour/60 question practice exam helps you simulate a real MPRE test-taking experience. ti.BLF:PVS0XO&YBNwTPGUXBSFESJMMT Ask your bookstore about Rigos Bar Review Series products from Aspen Publishers or visit us online at http://lawschool.aspenpublishers.com. RIGOS BAR REVIEW SERIES MULTISTATE BAR EXAM REVIEW (MBE) CHAPTER 1 CONTRACTS AND UCC SALES ARTICLE 2 Table of Contents A. Text.....................................................................................................................Text 1-25 I. Introduction.............................................................................................Text 1-25 II. Offer........................................................................................................Text 1-29 III. Acceptance..............................................................................................Text 1-32 IV. Consideration..........................................................................................Text 1-39 V. Legal Capacity 3 Is..............................................................................Text
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