Chapter 3: MBE Sprint Part Two
Evidence, Real Property, Constitutional Law, and Criminal Law and Procedure
The Wednesday sprint completes the multiple-choice review by focusing on Evidence, Real Property, Constitutional Law, and Criminal Law and Procedure. These subjects contain dense groups of related rules. The candidate’s task during the final week is not to relearn every doctrine in full detail. The task is to create fast recognition.
Each subject requires a different analytical entry point:
- Evidence: Rewards sequence. Identify the evidence, purpose, objection, exception, and ruling.
- Real Property: Rewards classification. Determine the type of interest or transaction before applying a rule.
- Constitutional Law: Rewards organization around the governmental actor, source of power, right, and scrutiny level.
- Criminal Law/Procedure: Requires separation of substantive offenses from constitutional protections (4th, 5th, 6th Amendments).
I. Evidence
The 5-Step Evidence Sequence
- What evidence is being offered?
- For what purpose is it being offered?
- What objection applies?
- Does an exclusion or exception apply?
- What should the court do?
Hearsay Core Rule
A statement is hearsay ONLY when it is an out-of-court statement offered to prove the truth of what it asserts. Always ask: "Offered for what purpose?"
A. Relevance and Rule 403
Evidence is relevant when it tends to make a fact of consequence more or less probable. Relevant evidence may be excluded when its probative value is substantially outweighed by dangers such as unfair prejudice, confusion, or delay. Unfair prejudice does not mean that the evidence harms a party’s case; it means an improper tendency to influence the factfinder.
B. Character, Other Acts, Habit, and Policy Exclusions
Character evidence is often restricted when offered to prove conformity. Other-acts evidence may be admissible for a noncharacter purpose (motive, intent, identity, knowledge). Habit differs from character as it describes a regular response to a repeated situation.
C. Impeachment
Impeachment attacks credibility through bias, prior inconsistent statements, convictions, or defects in memory. Exam Tip: When a prior statement appears, ask two separate questions: Can it be used to impeach, and can it be used as substantive evidence?
II. Real Property
Real Property questions are language-heavy. The central Property question is: “What legal interest does each person hold?”
A. Estates, Concurrent Ownership, and Landlord-Tenant
Distinguish between fee simple absolute, defeasible fees, and life estates. Future interests include reversions, remainders, and executory interests. Concurrent ownership includes tenancy in common and joint tenancy (with right of survivorship). Landlord-tenant laws distinguish between assignments (entire interest) and subleases (partial interest).
B. Recording Acts
- Identify the competing conveyances.
- Classify the recording statute (Race, Notice, or Race-Notice).
- Determine whether the later claimant gave value.
- Determine whether the later claimant had notice (Actual, Record, or Inquiry).
- Apply the statutory language.
III. Constitutional Law
Constitutional Law questions usually turn on four matters: Who is acting? What power is being exercised? What right is implicated? What level of scrutiny applies?
A. Due Process and Equal Protection
Substantive due process protects fundamental rights. Equal protection analysis begins by identifying the classification:
- Strict Scrutiny: Race, national origin (Compelling interest + Narrow tailoring).
- Intermediate Scrutiny: Sex, legitimacy (Important interest + Substantial relationship).
- Rational Basis: Most other classifications (Legitimate interest + Rational relationship).
IV. Criminal Law and Criminal Procedure
This area tests both substantive offenses and constitutional protections.
Fourth Amendment
Governs searches and seizures. Requires a reasonable expectation of privacy. Warrants require probable cause, a neutral magistrate, and particularity.
Fifth Amendment
Governs compelled testimonial self-incrimination. Miranda warnings are required ONLY during custodial interrogation.
Sixth Amendment
Governs post-charge deliberate elicitation and the right to counsel at critical stages. It is offense-specific.
V. The Wednesday Practice Assignment
Complete a timed 50-question mixed set emphasizing Evidence, Real Property, Constitutional Law, and Criminal Law and Procedure. Select the 10 worst missed questions and write the governing rule and the reason the incorrect answer was tempting.
Chapter Summary
Evidence questions should be analyzed in sequence: identify the evidence, purpose, objection, exception, and rule. Real Property requires classification of the estate or transaction. Constitutional Law centers on actor, power, right, and scrutiny. Criminal Law requires separation of substantive crimes from the 4th, 5th, and 6th Amendments.
Interactive Flashcards
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