Baby Bar
California First-Year Law Students' Exam (FYLSE).
Getting Started: Baby Bar Essentials
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California First-Year Law Students' Exam (Baby Bar) — MC — key terms, tricks & tips
Everything from the course in one searchable place: 459 entries. Use it to review before a practice test or look up a word you forgot.
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Multiple-Choice (MC)
Section with 100 questions, 50% of total score.
Getting Started: Baby Bar Essentials
Fact Pattern
Hypothetical scenario presented in an MC question.
Getting Started: Baby Bar Essentials
Call of the Question
The specific question asked at the end of a fact pattern.
Getting Started: Baby Bar Essentials
Scaled Score
Adjusted score to ensure fairness across exam administrations.
Getting Started: Baby Bar Essentials
Mens Rea
The mental state or intent required for a crime.
Getting Started: Baby Bar Essentials
Time Management
Efficient allocation of time per question.
Getting Started: Baby Bar Essentials
Elimination Strategy
Process of removing incorrect answer choices.
Getting Started: Baby Bar Essentials
Navigating the Baby Bar MC Exam
For the three subjects on the Baby Bar, remember 'TCC': Torts, Contracts, Criminal Law. Just like a 'TCC' (Technical Coordinating Committee) coordinates efforts, these three subjects coordinate your foundational legal knowledge!
Getting Started: Baby Bar Essentials
Navigating the Baby Bar MC Exam
The California Bar Examiners emphasize the ability to identify and apply legal principles to complex factual situations. Pay close attention to details in the fact patterns, as they often contain 'trigger facts' that point to specific legal issues or exceptions. Keywords like 'reasonable person,' 'material breach,' or 'proximate cause' are common indicators of the legal principle being tested.
Getting Started: Baby Bar Essentials
Navigating the Baby Bar MC Exam
Misreading the call of the question (e.g., looking for 'most likely' when it asks for 'least likely').
Getting Started: Baby Bar Essentials
Navigating the Baby Bar MC Exam
Getting bogged down on one difficult question, wasting valuable time.
Getting Started: Baby Bar Essentials
Navigating the Baby Bar MC Exam
Failing to read all answer choices before selecting one, potentially missing a 'better' option.
Getting Started: Baby Bar Essentials
Active Learning
Engaging with material to retrieve and apply information.
Getting Started: Baby Bar Essentials
Passive Learning
Absorbing information without active engagement.
Getting Started: Baby Bar Essentials
Spaced Repetition
Reviewing material at increasing intervals over time.
Getting Started: Baby Bar Essentials
Interleaving
Mixing different subjects or topics during study sessions.
Getting Started: Baby Bar Essentials
Active Recall
Testing oneself to retrieve information from memory.
Getting Started: Baby Bar Essentials
Practice Exams
Full-length, timed tests to simulate exam conditions.
Getting Started: Baby Bar Essentials
Study Schedule
A structured plan for allocating study time.
Getting Started: Baby Bar Essentials
Mastering Study Techniques for the Baby Bar
To Ace the Baby Bar, ACT FAST: Active learning, Consistent schedule, Timed practice, Flashcards, Analyze mistakes, Spaced repetition, and Test yourself!
Getting Started: Baby Bar Essentials
Mastering Study Techniques for the Baby Bar
The California Baby Bar emphasizes application of law to facts. Your study strategy must prioritize practicing hypotheticals and essay writing to develop this skill, not just memorizing rules.
Getting Started: Baby Bar Essentials
Mastering Study Techniques for the Baby Bar
Relying solely on re-reading notes or highlighting as study methods.
Getting Started: Baby Bar Essentials
Mastering Study Techniques for the Baby Bar
Neglecting to take full-length practice exams under timed conditions.
Getting Started: Baby Bar Essentials
Mastering Study Techniques for the Baby Bar
Cramming all study into the last few weeks instead of consistent, spaced learning.
Getting Started: Baby Bar Essentials
Offer
Manifestation of willingness to enter a bargain.
Contracts: Formation & Interpretation
Acceptance
Manifestation of assent to an offer's terms.
Contracts: Formation & Interpretation
Consideration
Bargained-for exchange of legal value.
Contracts: Formation & Interpretation
Capacity
Legal ability to enter a binding contract.
Contracts: Formation & Interpretation
Mirror Image Rule
Acceptance must exactly match offer terms (Common Law).
Contracts: Formation & Interpretation
Mailbox Rule
Acceptance by mail effective upon dispatch.
Contracts: Formation & Interpretation
Revocation
Offeror retracts an offer before acceptance.
Contracts: Formation & Interpretation
Voidable Contract
One party can choose to enforce or disaffirm.
Contracts: Formation & Interpretation
Offer, Acceptance, Consideration & Capacity
OACC: Offer, Acceptance, Consideration, Capacity. Remember these four pillars to build a solid contract!
Contracts: Formation & Interpretation
Offer, Acceptance, Consideration & Capacity
The California Bar Exam frequently tests the distinction between common law and UCC rules, especially regarding acceptance with additional terms. Also, pay close attention to the specific age of majority (18) and the treatment of minors' contracts for necessities.
Contracts: Formation & Interpretation
Offer, Acceptance, Consideration & Capacity
Confusing an invitation to negotiate (e.g., an advertisement) with a true offer.
Contracts: Formation & Interpretation
Offer, Acceptance, Consideration & Capacity
Applying the mailbox rule incorrectly, especially when an offer specifies receipt for acceptance.
Contracts: Formation & Interpretation
Offer, Acceptance, Consideration & Capacity
Assuming past consideration or a pre-existing duty constitutes valid consideration.
Contracts: Formation & Interpretation
Illegality
Contract purpose violates law or public policy.
Contracts: Formation & Interpretation
Void Contract
Never existed, no legal effect from the start.
Contracts: Formation & Interpretation
Statute of Frauds
Requires certain contracts to be in writing.
Contracts: Formation & Interpretation
MY LEGS
Mnemonic for Statute of Frauds categories.
Contracts: Formation & Interpretation
Contra Proferentem
Ambiguities construed against the drafter.
Contracts: Formation & Interpretation
Course of Dealing
Prior conduct between parties establishing common basis.
Contracts: Formation & Interpretation
Trade Usage
Customary practices in a particular industry or trade.
Contracts: Formation & Interpretation
Illegality, Statute of Frauds & Interpretation
Remember 'MY LEGS' for the Statute of Frauds: Marriage, Year (one-year rule), Land, Executor, Goods ($500+), Suretyship.
Contracts: Formation & Interpretation
Illegality, Statute of Frauds & Interpretation
The California Statute of Frauds (Civ. Code § 1624) includes contracts for the sale of real property, agreements not to be performed within one year, promises to answer for the debt of another (suretyship), and agreements authorizing an agent to sell real estate. For UCC sales of goods, the threshold is $500.
Contracts: Formation & Interpretation
Illegality, Statute of Frauds & Interpretation
Confusing a void contract (never existed) with a voidable one (can be disaffirmed).
Contracts: Formation & Interpretation
Illegality, Statute of Frauds & Interpretation
Forgetting that the Statute of Frauds makes a contract unenforceable, not void.
Contracts: Formation & Interpretation
Illegality, Statute of Frauds & Interpretation
Assuming any writing satisfies the Statute of Frauds; it must be signed by the party to be charged and contain essential terms.
Contracts: Formation & Interpretation
Third-Party Beneficiary
Non-party intended to benefit from contract.
Contracts: Formation & Interpretation
Intended Beneficiary
Original parties meant to confer benefit.
Contracts: Formation & Interpretation
Incidental Beneficiary
Unintended beneficiary; no enforcement rights.
Contracts: Formation & Interpretation
Vesting
When beneficiary's rights become enforceable.
Contracts: Formation & Interpretation
Assignment
Transfer of contractual rights to a third party.
Contracts: Formation & Interpretation
Delegation
Transfer of contractual duties to a third party.
Contracts: Formation & Interpretation
Assignor
Party transferring rights.
Contracts: Formation & Interpretation
Delegator
Party transferring duties.
Contracts: Formation & Interpretation
Third-Party Rights: Beneficiaries, Assignment, Delegation
For 'Vesting,' think 'V.A.S.T.': Vesting by Assent, Suit, or material reliance/Trust. Once VAST, it's hard to change!
Contracts: Formation & Interpretation
Third-Party Rights: Beneficiaries, Assignment, Delegation
The California Bar often tests the distinction between intended and incidental beneficiaries, and the effect of vesting. Remember that in California, a contract clause prohibiting assignment of 'the contract' is generally interpreted as prohibiting only the delegation of duties, not the assignment of rights, unless explicitly stated otherwise.
Contracts: Formation & Interpretation
Third-Party Rights: Beneficiaries, Assignment, Delegation
Confusing an intended beneficiary with an incidental beneficiary; only intended ones have rights.
Contracts: Formation & Interpretation
Third-Party Rights: Beneficiaries, Assignment, Delegation
Believing that a delegation of duties automatically relieves the delegator of liability.
Contracts: Formation & Interpretation
Third-Party Rights: Beneficiaries, Assignment, Delegation
Assuming all contract rights or duties are freely assignable or delegable, especially personal service contracts.
Contracts: Formation & Interpretation
Condition Precedent
Event that must occur before performance is due.
Contracts: Formation & Interpretation
Condition Concurrent
Events that must occur simultaneously.
Contracts: Formation & Interpretation
Condition Subsequent
Event that terminates a duty once it occurs.
Contracts: Formation & Interpretation
Express Warranty
Affirmation of fact or promise by seller about goods.
Contracts: Formation & Interpretation
Implied Warranty
Warranty arising by operation of law, not explicit agreement.
Contracts: Formation & Interpretation
Merchantability
Goods fit for ordinary purpose; applies to merchant sellers.
Contracts: Formation & Interpretation
Parol Evidence Rule
Limits extrinsic evidence contradicting integrated writing.
Contracts: Formation & Interpretation
Integration
Written contract intended as final and complete agreement.
Contracts: Formation & Interpretation
Conditions, Warranties & Parol Evidence Rule
WIPE: Warranties, Integration, Parol Evidence, Exceptions. Remember these four concepts are intertwined when analyzing contract terms.
Contracts: Formation & Interpretation
Conditions, Warranties & Parol Evidence Rule
The California Bar Exam frequently tests the Parol Evidence Rule, especially its exceptions. Pay close attention to whether the contract is a 'complete integration' or 'partial integration' and what type of evidence is being offered (e.g., to explain ambiguity, prove fraud, or show a subsequent modification).
Contracts: Formation & Interpretation
Conditions, Warranties & Parol Evidence Rule
Confusing a condition with a promise: A condition suspends performance, while breach of a promise leads to damages.
Contracts: Formation & Interpretation
Conditions, Warranties & Parol Evidence Rule
Applying the Parol Evidence Rule when the writing is not an integration or when an exception clearly applies.
Contracts: Formation & Interpretation
Conditions, Warranties & Parol Evidence Rule
Forgetting that implied warranties can be disclaimed, often requiring specific language like 'AS IS' or 'with all faults'.
Contracts: Formation & Interpretation
Unconscionability
Contract so unfair it 'shocks the conscience'.
Contracts: Formation & Interpretation
Procedural Unconscionability
Unfairness in contract formation process.
Contracts: Formation & Interpretation
Substantive Unconscionability
Unfairness of contract terms themselves.
Contracts: Formation & Interpretation
Mistake
Erroneous belief about facts at contract formation.
Contracts: Formation & Interpretation
Misrepresentation
False statement of material fact inducing assent.
Contracts: Formation & Interpretation
Duress
Improper threat overcoming free will.
Contracts: Formation & Interpretation
Undue Influence
Unfair persuasion by dominant party.
Contracts: Formation & Interpretation
Unconscionability & Contract Defenses
To remember the two types of unconscionability, think 'P.S. - Unfair!' P for Procedural (how it was made), S for Substantive (what it says).
Contracts: Formation & Interpretation
Unconscionability & Contract Defenses
California law generally requires both procedural and substantive unconscionability for a contract or clause to be found unconscionable, often using a 'sliding scale' approach where a greater showing of one may compensate for a lesser showing of the other. Be alert to fact patterns involving adhesive contracts and consumer transactions.
Contracts: Formation & Interpretation
Unconscionability & Contract Defenses
Confusing a bad bargain with an unconscionable contract; unconscionability requires more than just a disadvantageous deal.
Contracts: Formation & Interpretation
Unconscionability & Contract Defenses
Failing to analyze both procedural and substantive elements when discussing unconscionability.
Contracts: Formation & Interpretation
Unconscionability & Contract Defenses
Applying unconscionability to events that occur after contract formation, rather than at the time of formation.
Contracts: Formation & Interpretation
Absolute Duty
A contractual obligation that is not subject to any conditions.
Contracts: Performance, Breach & Remedies
Conditional Duty
An obligation dependent on the occurrence or non-occurrence of an event.
Contracts: Performance, Breach & Remedies
Material Breach
A significant failure to perform that defeats the contract's essential purpose.
Contracts: Performance, Breach & Remedies
Minor Breach
A partial failure to perform that does not defeat the contract's purpose.
Contracts: Performance, Breach & Remedies
Anticipatory Repudiation
Unequivocal indication of non-performance before performance is due.
Contracts: Performance, Breach & Remedies
Perfect Tender Rule
UCC rule allowing buyer to reject goods for any non-conformity.
Contracts: Performance, Breach & Remedies
Substantial Performance
Performance of most duties, allowing recovery minus damages for minor defects.
Contracts: Performance, Breach & Remedies
Performance, Breach & Anticipatory Repudiation
Remember 'MAP' for types of breach: Material, Anticipatory, Perfect Tender (UCC).
Contracts: Performance, Breach & Remedies
Performance, Breach & Anticipatory Repudiation
California law generally follows the common law distinction between material and minor breach. For anticipatory repudiation, California requires a clear and unequivocal statement or act. The non-repudiating party may sue immediately or await performance, but must mitigate damages if possible.
Contracts: Performance, Breach & Remedies
Performance, Breach & Anticipatory Repudiation
Confusing the Perfect Tender Rule (UCC goods) with Substantial Performance (common law services).
Contracts: Performance, Breach & Remedies
Performance, Breach & Anticipatory Repudiation
Failing to recognize that a minor breach does not excuse the non-breaching party's performance.
Contracts: Performance, Breach & Remedies
Performance, Breach & Anticipatory Repudiation
Not understanding that anticipatory repudiation must be unequivocal; mere doubt is not enough.
Contracts: Performance, Breach & Remedies
Expectation Damages
Damages to put non-breaching party in position as if contract performed.
Contracts: Performance, Breach & Remedies
Reliance Damages
Damages to put non-breaching party in position as if contract never made.
Contracts: Performance, Breach & Remedies
Restitution Damages
Damages to prevent unjust enrichment of the breaching party.
Contracts: Performance, Breach & Remedies
Incidental Damages
Costs incurred in dealing with the breach itself.
Contracts: Performance, Breach & Remedies
Consequential Damages
Foreseeable losses resulting indirectly from the breach.
Contracts: Performance, Breach & Remedies
Mitigation of Damages
Duty to take reasonable steps to minimize losses after a breach.
Contracts: Performance, Breach & Remedies
Foreseeability Rule
Consequential damages must be foreseeable at contract formation.
Contracts: Performance, Breach & Remedies
Damages: Expectation, Reliance, Restitution
To remember the three main types of damages, think 'ERR': Expectation (as if performed), Reliance (as if never made), Restitution (unjust enrichment).
Contracts: Performance, Breach & Remedies
Damages: Expectation, Reliance, Restitution
The California Baby Bar frequently tests the distinction between expectation, reliance, and restitution damages, often in scenarios where one type of damage is difficult to prove. Pay close attention to whether profits are speculative (suggesting reliance) or if a benefit was conferred (suggesting restitution). Also, remember that punitive damages are generally not available for breach of contract in California unless there's an independent tort.
Contracts: Performance, Breach & Remedies
Damages: Expectation, Reliance, Restitution
Confusing expectation damages with reliance damages, especially when profits are uncertain. If profits are speculative, reliance is usually the correct measure.
Contracts: Performance, Breach & Remedies
Damages: Expectation, Reliance, Restitution
Forgetting the duty to mitigate damages. A non-breaching party cannot simply let damages accumulate without taking reasonable steps to reduce them.
Contracts: Performance, Breach & Remedies
Damages: Expectation, Reliance, Restitution
Failing to apply the foreseeability rule for consequential damages. Only losses that were reasonably foreseeable at the time of contracting are recoverable.
Contracts: Performance, Breach & Remedies
Equitable Remedies
Non-monetary relief granted when money damages are inadequate.
Contracts: Performance, Breach & Remedies
Specific Performance
Court order compelling exact performance of a contract.
Contracts: Performance, Breach & Remedies
Unique Goods
Items so rare or special that money cannot replace them.
Contracts: Performance, Breach & Remedies
Injunction
Court order to do or refrain from a specific act.
Contracts: Performance, Breach & Remedies
Rescission
Equitable remedy unwinding a contract to pre-contract status.
Contracts: Performance, Breach & Remedies
Reformation
Court modifies contract to reflect true agreement due to mistake.
Contracts: Performance, Breach & Remedies
Clean Hands Doctrine
Plaintiff seeking equity must not have acted unfairly.
Contracts: Performance, Breach & Remedies
Specific Performance & Other Equitable Remedies
UNIQUES: U-nique goods, N-o adequate money damages, I-njunctions (related), Q-uality of performance (court can supervise), U-nderstandable terms, E-quity (clean hands), S-pecific performance.
Contracts: Performance, Breach & Remedies
Specific Performance & Other Equitable Remedies
The California Baby Bar often tests specific performance in the context of real estate contracts. Remember that all real property is deemed unique, making specific performance presumptively available for land sale breaches unless specific equitable defenses apply.
Contracts: Performance, Breach & Remedies
Specific Performance & Other Equitable Remedies
Assuming specific performance is always available for any breach; it's an extraordinary remedy.
Contracts: Performance, Breach & Remedies
Specific Performance & Other Equitable Remedies
Forgetting that specific performance is generally not available for personal service contracts.
Contracts: Performance, Breach & Remedies
Specific Performance & Other Equitable Remedies
Ignoring the 'inadequacy of legal remedies' requirement; money damages are the default.
Contracts: Performance, Breach & Remedies
Specific Performance & Other Equitable Remedies
Not considering equitable defenses like 'unclean hands' or undue hardship.
Contracts: Performance, Breach & Remedies
Discharge
Termination of a contractual duty.
Contracts: Performance, Breach & Remedies
Mutual Rescission
Agreement by both parties to cancel the contract.
Contracts: Performance, Breach & Remedies
Novation
Replacing an old contract/party with a new one.
Contracts: Performance, Breach & Remedies
Accord and Satisfaction
Agreement to accept different performance, then performing it.
Contracts: Performance, Breach & Remedies
Impossibility
Performance becomes objectively impossible due to unforeseen events.
Contracts: Performance, Breach & Remedies
Impracticability
Performance becomes extremely difficult/expensive due to unforeseen events.
Contracts: Performance, Breach & Remedies
Frustration of Purpose
Unforeseen event defeats the contract's main purpose.
Contracts: Performance, Breach & Remedies
Discharge of Contractual Duties
To remember the 'Big Three' for discharge by operation of law: 'I.I.F.' – Impossibility, Impracticability, Frustration of purpose. Imagine a big 'IF' on a broken contract.
Contracts: Performance, Breach & Remedies
Discharge of Contractual Duties
The California Bar Exam frequently tests the nuances of impossibility, impracticability, and frustration of purpose. Pay close attention to whether the event was foreseeable and whether it truly makes performance impossible/impracticable or defeats the contract's primary purpose, not just makes it less profitable. Keywords like 'destruction of subject matter,' 'death of essential party,' or 'unforeseen government regulation' are key.
Contracts: Performance, Breach & Remedies
Discharge of Contractual Duties
Confusing subjective impossibility (e.g., 'I can't afford it') with objective impossibility (e.g., 'The house burned down'). Only objective impossibility discharges duties.
Contracts: Performance, Breach & Remedies
Discharge of Contractual Duties
Assuming a minor breach automatically discharges the non-breaching party's duties. Only a material breach or total breach typically allows for discharge.
Contracts: Performance, Breach & Remedies
Discharge of Contractual Duties
Forgetting that an accord is just the agreement, and satisfaction (performance) is required to actually discharge the original duty.
Contracts: Performance, Breach & Remedies
Actus Reus
The voluntary physical act or omission.
Criminal Law: General Principles & Homicide
Concurrence
Mens rea and actus reus exist simultaneously.
Criminal Law: General Principles & Homicide
Factual Causation
Harm would not occur 'but for' the act.
Criminal Law: General Principles & Homicide
Proximate Causation
Harm is a foreseeable result of the act.
Criminal Law: General Principles & Homicide
Specific Intent
Intent to commit act AND achieve result.
Criminal Law: General Principles & Homicide
General Intent
Intent to commit the act itself.
Criminal Law: General Principles & Homicide
Omission
Failure to act when there is a legal duty.
Criminal Law: General Principles & Homicide
Criminal Liability: Elements & Connections
To remember the four core elements, think: 'A CRIMINAL ACT MUST CAUSE HARM.' Actus Reus, Mens Rea, Concurrence, Causation.
Criminal Law: General Principles & Homicide
Criminal Liability: Elements & Connections
The California Bar often tests the distinction between specific intent and general intent crimes, especially in the context of defenses like voluntary intoxication. Remember that voluntary intoxication can negate specific intent but not general intent.
Criminal Law: General Principles & Homicide
Criminal Liability: Elements & Connections
Confusing factual causation with proximate causation; both must be present.
Criminal Law: General Principles & Homicide
Criminal Liability: Elements & Connections
Assuming all crimes require specific intent; many only require general intent, recklessness, or negligence.
Criminal Law: General Principles & Homicide
Criminal Liability: Elements & Connections
Forgetting that an omission can be an actus reus only if there's a legal duty to act.
Criminal Law: General Principles & Homicide
Malice Aforethought
Mental state required for murder.
Criminal Law: General Principles & Homicide
Express Malice
Specific intent to kill.
Criminal Law: General Principles & Homicide
Implied Malice
Intent to inflict great bodily injury or depraved heart.
Criminal Law: General Principles & Homicide
Depraved Heart Murder
Extreme recklessness, wanton disregard for life.
Criminal Law: General Principles & Homicide
First-Degree Murder
Premeditated, deliberate intent to kill; felony murder.
Criminal Law: General Principles & Homicide
Second-Degree Murder
All murders not meeting first-degree criteria.
Criminal Law: General Principles & Homicide
Premeditation
Thought about the killing beforehand.
Criminal Law: General Principles & Homicide
Deliberation
Weighed the decision to kill.
Criminal Law: General Principles & Homicide
Murder: Degrees & Malice Aforethought
To remember the four types of malice, think: I KILLED. I = Intent to Kill (express). K = Knowingly (depraved heart). I = Intent to Injure (great bodily). LLED = Felony Murder (covered separately).
Criminal Law: General Principles & Homicide
Murder: Degrees & Malice Aforethought
The California Penal Code defines murder in Section 187. First-degree murder is defined in Section 189, specifically requiring 'willful, deliberate, and premeditated killing,' or certain felony murders. All other kinds of murder are second-degree. Pay close attention to the presence or absence of 'premeditation' and 'deliberation' in fact patterns.
Criminal Law: General Principles & Homicide
Murder: Degrees & Malice Aforethought
Confusing 'malice aforethought' with actual ill-will or hatred; it's a legal term of art.
Criminal Law: General Principles & Homicide
Murder: Degrees & Malice Aforethought
Assuming any intent to kill automatically means first-degree murder; premeditation and deliberation are also required.
Criminal Law: General Principles & Homicide
Murder: Degrees & Malice Aforethought
Not recognizing that depraved heart murder does not require an intent to kill, only extreme recklessness.
Criminal Law: General Principles & Homicide
Voluntary Manslaughter
Intentional killing without malice aforethought due to mitigation.
Criminal Law: General Principles & Homicide
Heat of Passion
Killing under sudden, adequate provocation with no cooling off.
Criminal Law: General Principles & Homicide
Adequate Provocation
Provocation sufficient to arouse intense passion in a reasonable person.
Criminal Law: General Principles & Homicide
Cooling Off Period
Time between provocation and killing where passion subsides.
Criminal Law: General Principles & Homicide
Imperfect Self-Defense
Honest but unreasonable belief in need for deadly force.
Criminal Law: General Principles & Homicide
Involuntary Manslaughter
Unintentional killing without malice aforethought.
Criminal Law: General Principles & Homicide
Misdemeanor Manslaughter
Death resulting from commission of an unlawful act (misdemeanor).
Criminal Law: General Principles & Homicide
Criminal Negligence
Gross deviation from reasonable care, causing death.
Criminal Law: General Principles & Homicide
Manslaughter: Voluntary & Involuntary
MANSLAUGHTER: My Anger Negates Sense, Lacking Any Unlawful Gross Harm, Triggering Every Reckless act.
Criminal Law: General Principles & Homicide
Manslaughter: Voluntary & Involuntary
California specifically recognizes both heat of passion and imperfect self-defense as forms of voluntary manslaughter. For heat of passion, remember that words alone are generally not sufficient provocation, unless accompanied by conduct indicating a present intent and ability to inflict injury.
Criminal Law: General Principles & Homicide
Manslaughter: Voluntary & Involuntary
Confusing adequate provocation with mere insults or taunts.
Criminal Law: General Principles & Homicide
Manslaughter: Voluntary & Involuntary
Forgetting to analyze the 'cooling off' period in heat of passion cases.
Criminal Law: General Principles & Homicide
Manslaughter: Voluntary & Involuntary
Applying ordinary negligence instead of criminal negligence for involuntary manslaughter.
Criminal Law: General Principles & Homicide
Manslaughter: Voluntary & Involuntary
Failing to distinguish between perfect and imperfect self-defense.
Criminal Law: General Principles & Homicide
Felony Murder Rule
Liability for murder if death occurs during an enumerated felony.
Criminal Law: General Principles & Homicide
Accomplice Liability
Responsibility for assisting or encouraging a crime.
Criminal Law: General Principles & Homicide
Principal
The person who directly commits the criminal act.
Criminal Law: General Principles & Homicide
Aiding and Abetting
Assisting or encouraging another to commit a crime.
Criminal Law: General Principles & Homicide
Major Participant
Significant involvement in an underlying felony (CA felony murder).
Criminal Law: General Principles & Homicide
Reckless Indifference
Conscious disregard of a substantial and unjustifiable risk to human life.
Criminal Law: General Principles & Homicide
Natural and Probable
Foreseeable consequence of the intended criminal act.
Criminal Law: General Principles & Homicide
Accessory After the Fact
Helps a known felon avoid apprehension after the crime.
Criminal Law: General Principles & Homicide
Felony Murder Rule & Accomplice Liability
Imagine a 'FELON-y' with a 'MURDER-er' in the background, but the 'ACCOMPLICE' is the one 'AIDING' and 'ABETTING' from the shadows. They're all connected like a criminal 'CHAIN'!
Criminal Law: General Principles & Homicide
Felony Murder Rule & Accomplice Liability
California's felony murder rule is heavily modified by SB 1437/SB 775. Remember that for a non-killer, conviction requires being a 'major participant' in the underlying felony AND acting with 'reckless indifference to human life.' This is a critical distinction from the pre-2019 rule.
Criminal Law: General Principles & Homicide
Felony Murder Rule & Accomplice Liability
Confusing felony murder's strict liability (pre-SB 1437) with the current California requirement of 'major participant' and 'reckless indifference.'
Criminal Law: General Principles & Homicide
Felony Murder Rule & Accomplice Liability
Assuming mere presence at a crime scene is enough for accomplice liability; active assistance or encouragement is required.
Criminal Law: General Principles & Homicide
Felony Murder Rule & Accomplice Liability
Applying accomplice liability to an accessory after the fact, who is charged with a separate offense, not the principal crime.
Criminal Law: General Principles & Homicide
Battery
Unlawful application of force resulting in contact.
Criminal Law: Crimes Against Persons & Property
Assault
Attempted battery or apprehension of imminent battery.
Criminal Law: Crimes Against Persons & Property
Apprehension
Victim's reasonable belief of imminent harm.
Criminal Law: Crimes Against Persons & Property
Rape
Non-consensual sexual intercourse/penetration.
Criminal Law: Crimes Against Persons & Property
Statutory Rape
Sexual intercourse with a minor, strict liability.
Criminal Law: Crimes Against Persons & Property
Kidnapping
Unlawful confinement with movement or concealment.
Criminal Law: Crimes Against Persons & Property
Asportation
The movement of a victim in kidnapping.
Criminal Law: Crimes Against Persons & Property
Assault, Battery, Rape, Kidnapping
ABC K: A for Assault (Apprehension), B for Battery (Bodily contact), C for Consent (lack of for Rape), K for Kidnapping (Movement/Confinement).
Criminal Law: Crimes Against Persons & Property
Assault, Battery, Rape, Kidnapping
California Penal Code § 240 defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. California PC § 242 defines battery as any willful and unlawful use of force or violence upon the person of another. Pay close attention to the 'present ability' element for assault in California.
Criminal Law: Crimes Against Persons & Property
Assault, Battery, Rape, Kidnapping
Confusing assault (apprehension) with battery (contact).
Criminal Law: Crimes Against Persons & Property
Assault, Battery, Rape, Kidnapping
Forgetting that statutory rape is a strict liability crime regarding age.
Criminal Law: Crimes Against Persons & Property
Assault, Battery, Rape, Kidnapping
Failing to analyze the 'substantial movement' or 'increased risk of harm' element for kidnapping.
Criminal Law: Crimes Against Persons & Property
Assault, Battery, Rape, Kidnapping
Assuming victim awareness is required for battery.
Criminal Law: Crimes Against Persons & Property
Larceny
Trespassory taking and carrying away personal property.
Criminal Law: Crimes Against Persons & Property
Embezzlement
Lawful possession, fraudulent conversion of property.
Criminal Law: Crimes Against Persons & Property
False Pretenses
Obtaining title to property by false representation.
Criminal Law: Crimes Against Persons & Property
Larceny by Trick
Obtaining possession of property by false representation.
Criminal Law: Crimes Against Persons & Property
Conversion
Treating another's property as one's own.
Criminal Law: Crimes Against Persons & Property
Trespassory Taking
Taking without consent, against the owner's will.
Criminal Law: Crimes Against Persons & Property
Larceny, Embezzlement, and False Pretenses
For these crimes, remember 'PET': **P**ossession (Larceny), **E**ntrustment (Embezzlement), **T**itle (False Pretenses).
Criminal Law: Crimes Against Persons & Property
Larceny, Embezzlement, and False Pretenses
On the California Baby Bar, pay close attention to whether the victim intended to transfer *possession only* (larceny by trick) or *both possession and title* (false pretenses). This distinction is frequently tested and is the primary differentiating factor.
Criminal Law: Crimes Against Persons & Property
Larceny, Embezzlement, and False Pretenses
Confusing larceny by trick with false pretenses; remember the key is whether title or just possession is transferred.
Criminal Law: Crimes Against Persons & Property
Larceny, Embezzlement, and False Pretenses
Forgetting that for larceny, the intent to permanently deprive must exist at the time of the taking (or through continuing trespass).
Criminal Law: Crimes Against Persons & Property
Larceny, Embezzlement, and False Pretenses
Not recognizing that embezzlement requires the defendant to have initially obtained lawful possession of the property.
Criminal Law: Crimes Against Persons & Property
Robbery
Larceny from a person or presence by force or threat of force.
Criminal Law: Crimes Against Persons & Property
Burglary (Common Law)
Breaking and entering the dwelling of another at night with intent to commit a felony.
Criminal Law: Crimes Against Persons & Property
Arson (Common Law)
Malicious burning of the dwelling of another.
Criminal Law: Crimes Against Persons & Property
Malice (Arson)
Intent or extreme recklessness regarding the burning.
Criminal Law: Crimes Against Persons & Property
Burning (Arson)
Requires actual charring of the structure, not just smoke or scorching.
Criminal Law: Crimes Against Persons & Property
Dwelling
A structure used for habitation, including its curtilage.
Criminal Law: Crimes Against Persons & Property
From the person or presence
Property within the victim's immediate control or protection.
Criminal Law: Crimes Against Persons & Property
Robbery, Burglary, Arson
Remember the '3 B's' for common law: Burglary = Breaking, Burning (Arson) = Burning, but Robbery is the odd one out, it's about taking with force. Or, for the elements of robbery: 'TLC-PDF' = Taking, Larceny, Carrying, Person/Presence, Deprive, Force.
Criminal Law: Crimes Against Persons & Property
Robbery, Burglary, Arson
California's robbery statute (Penal Code § 211) defines robbery as 'the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.' Pay attention to 'immediate presence' and 'force or fear.' For burglary (Penal Code § 459), it's entering 'any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, or railroad car' with intent to commit grand or petit larceny or any felony. Note the broad scope of structures. Arson (Penal Code § 451) covers 'willfully and maliciously' setting fire to or burning 'any structure, forest land, or property.'
Criminal Law: Crimes Against Persons & Property
Robbery, Burglary, Arson
Confusing larceny with robbery: Robbery requires force or threat of force; larceny does not.
Criminal Law: Crimes Against Persons & Property
Robbery, Burglary, Arson
Applying common law burglary elements to a modern statute without considering the expansions (e.g., 'dwelling' vs. 'any structure', 'night' vs. 'any time').
Criminal Law: Crimes Against Persons & Property
Robbery, Burglary, Arson
Believing arson requires intent to destroy an entire building; charring is usually sufficient for common law, and modern statutes often cover any property.
Criminal Law: Crimes Against Persons & Property
Inchoate Crime
An incomplete crime, punished due to intent and preliminary acts.
Criminal Law: Crimes Against Persons & Property
Attempt
Specific intent + substantial step towards crime's commission.
Criminal Law: Crimes Against Persons & Property
Substantial Step
Act strongly corroborating criminal purpose, beyond mere preparation.
Criminal Law: Crimes Against Persons & Property
Conspiracy
Agreement between two or more to commit unlawful act, plus overt act.
Criminal Law: Crimes Against Persons & Property
Overt Act
Minor act in furtherance of conspiracy, required in many jurisdictions.
Criminal Law: Crimes Against Persons & Property
Solicitation
Inciting, encouraging, or requesting another to commit a crime.
Criminal Law: Crimes Against Persons & Property
Factual Impossibility
Circumstances preventing completion of crime; not a defense.
Criminal Law: Crimes Against Persons & Property
Inchoate Crimes: Attempt, Conspiracy, Solicitation
A-C-S: Always Commit Successfully! (No, wait, don't! It's just a memory trick for Attempt, Conspiracy, Solicitation.)
Criminal Law: Crimes Against Persons & Property
Inchoate Crimes: Attempt, Conspiracy, Solicitation
California follows the Model Penal Code's 'substantial step' test for attempt, requiring an act that unequivocally demonstrates the defendant's intent to commit the target crime. For conspiracy, California requires an 'overt act' in furtherance of the agreement. Pay close attention to the specific intent requirement for all three inchoate crimes.
Criminal Law: Crimes Against Persons & Property
Inchoate Crimes: Attempt, Conspiracy, Solicitation
Confusing factual impossibility (not a defense) with legal impossibility (a defense).
Criminal Law: Crimes Against Persons & Property
Inchoate Crimes: Attempt, Conspiracy, Solicitation
Forgetting the 'overt act' requirement for conspiracy in modern jurisdictions like California.
Criminal Law: Crimes Against Persons & Property
Inchoate Crimes: Attempt, Conspiracy, Solicitation
Not recognizing that specific intent is required for all three inchoate crimes.
Criminal Law: Crimes Against Persons & Property
M'Naghten Rule
Insanity test: didn't know act's nature/quality or wrongness.
Criminal Law: Defenses
Irresistible Impulse
Insanity test: knew act was wrong but couldn't stop.
Criminal Law: Defenses
Durham Rule
Insanity test: unlawful act was product of mental disease.
Criminal Law: Defenses
Model Penal Code (MPC)
Insanity test: lacked capacity to appreciate wrongfulness or conform conduct.
Criminal Law: Defenses
Voluntary Intoxication
Self-induced. Defense only for specific intent crimes.
Criminal Law: Defenses
Involuntary Intoxication
Not self-induced. Complete defense if causes temporary insanity.
Criminal Law: Defenses
Insanity & Intoxication Defenses
To remember the intoxication rules: 'V-I-S-I-G-I' -- Voluntary Intoxication negates Specific Intent; Involuntary Intoxication negates General Intent (if it leads to temporary insanity).
Criminal Law: Defenses
Insanity & Intoxication Defenses
For the California Baby Bar, remember that California uses a modified M'Naghten test for insanity. Also, while 'diminished capacity' as a separate defense is abolished, evidence of mental defect/disorder is admissible to negate specific intent, premeditation, deliberation, or malice aforethought. This is a critical distinction.
Criminal Law: Defenses
Insanity & Intoxication Defenses
Confusing legal insanity with medical insanity; they are distinct concepts.
Criminal Law: Defenses
Insanity & Intoxication Defenses
Applying voluntary intoxication as a defense to general intent crimes.
Criminal Law: Defenses
Insanity & Intoxication Defenses
Forgetting that involuntary intoxication can be a complete defense if it renders the defendant temporarily insane.
Criminal Law: Defenses
Insanity & Intoxication Defenses
Incorrectly assuming 'diminished capacity' is a full defense in California, rather than just evidence to negate specific intent.
Criminal Law: Defenses
Self-Defense
Justified use of force to protect oneself from imminent harm.
Criminal Law: Defenses
Deadly Force
Force likely to cause death or serious bodily injury.
Criminal Law: Defenses
Non-Deadly Force
Force not likely to cause death or serious bodily injury.
Criminal Law: Defenses
Imminent Danger
Threat of harm that is immediate and about to happen.
Criminal Law: Defenses
Proportional Force
Force used must match the level of the perceived threat.
Criminal Law: Defenses
Defense of Others
Using force to protect a third party from harm.
Criminal Law: Defenses
Defense of Property
Using reasonable, non-deadly force to protect property.
Criminal Law: Defenses
Castle Doctrine
No duty to retreat when in one's home.
Criminal Law: Defenses
Self-Defense, Defense of Others, Defense of Property
To remember the elements of self-defense, think: 'RID P': Reasonable belief, Imminent danger, Deadly/Non-deadly force, Proportionality.
Criminal Law: Defenses
Self-Defense, Defense of Others, Defense of Property
California law generally follows the 'reasonable person' standard for self-defense, and also recognizes the 'imperfect self-defense' doctrine. Imperfect self-defense applies when a defendant genuinely but unreasonably believes they are in imminent danger of death or serious bodily injury and uses deadly force. This reduces murder to voluntary manslaughter, as it negates malice aforethought.
Criminal Law: Defenses
Self-Defense, Defense of Others, Defense of Property
Confusing deadly force with non-deadly force, especially regarding the level of threat required.
Criminal Law: Defenses
Self-Defense, Defense of Others, Defense of Property
Believing deadly force is justified solely for property defense, without an accompanying threat to life.
Criminal Law: Defenses
Self-Defense, Defense of Others, Defense of Property
Failing to consider the 'imminent' requirement; past or future threats do not justify self-defense.
Criminal Law: Defenses
Necessity
Committing a crime to prevent a greater harm (choice of evils).
Criminal Law: Defenses
Imminent Threat
Immediate and impending danger, with no reasonable escape.
Criminal Law: Defenses
Mistake of Fact
Erroneous belief about a fact that negates criminal intent.
Criminal Law: Defenses
Mistake of Law
Ignorance or misunderstanding of a legal rule; generally no defense.
Criminal Law: Defenses
Duress, Necessity, Mistake of Fact, Mistake of Law
D.N.M.M.: Don't Negate My Mens Rea! (Duress, Necessity, Mistake of Fact, Mistake of Law)
Criminal Law: Defenses
Duress, Necessity, Mistake of Fact, Mistake of Law
For duress in California, the threat must be of death or serious bodily injury, and the defendant must have reasonably believed the threat was genuine and imminent. For necessity, California generally requires that the defendant not have created the emergency and that there was no reasonable legal alternative. Remember that neither is a defense to intentional homicide.
Criminal Law: Defenses
Duress, Necessity, Mistake of Fact, Mistake of Law
Confusing duress (human threat) with necessity (natural/circumstantial threat).
Criminal Law: Defenses
Duress, Necessity, Mistake of Fact, Mistake of Law
Applying mistake of fact to strict liability crimes, where mental state is irrelevant.
Criminal Law: Defenses
Duress, Necessity, Mistake of Fact, Mistake of Law
Believing mistake of law is a general defense; it almost never is, with very narrow exceptions.
Criminal Law: Defenses
Entrapment
Defense where government induces a crime.
Criminal Law: Defenses
Subjective Test
Focuses on defendant's predisposition.
Criminal Law: Defenses
Objective Test
Focuses on government's inducement conduct.
Criminal Law: Defenses
Predisposition
Defendant's prior willingness to commit crime.
Criminal Law: Defenses
Inducement
Government's action to persuade someone.
Criminal Law: Defenses
Law-abiding person
Standard for objective entrapment test.
Criminal Law: Defenses
Entrapment & Other Justifications/Excuses
Entrapment: 'E' for 'Evil Government' (objective test) or 'E' for 'Evil Defendant' (subjective test). California cares about the 'Evil Government'!
Criminal Law: Defenses
Entrapment & Other Justifications/Excuses
California uses the objective test for entrapment. Key phrase to look for: 'conduct of the law enforcement agent was likely to induce a normally law-abiding person to commit the offense.' The defendant's predisposition is irrelevant.
Criminal Law: Defenses
Entrapment & Other Justifications/Excuses
Confusing the subjective and objective tests, especially when California law is at issue.
Criminal Law: Defenses
Entrapment & Other Justifications/Excuses
Assuming any police involvement automatically leads to an entrapment defense.
Criminal Law: Defenses
Entrapment & Other Justifications/Excuses
Failing to analyze the specific nature of the government's inducement.
Criminal Law: Defenses
False Imprisonment
Intentional confinement to a bounded area without justification.
Torts: Intentional Torts & Defenses
Imminent
About to happen without significant delay.
Torts: Intentional Torts & Defenses
Confinement
Restraint of a person's freedom of movement.
Torts: Intentional Torts & Defenses
Bounded Area
An area with no reasonable means of escape.
Torts: Intentional Torts & Defenses
Transferred Intent
Intent to commit a tort transfers to another person or tort.
Torts: Intentional Torts & Defenses
Battery, Assault, and False Imprisonment
B-A-F-T: Battery, Assault, False Imprisonment, Trespass. These are the torts where Transferred Intent applies! Remember the acronym to recall which torts allow intent to transfer.
Torts: Intentional Torts & Defenses
Battery, Assault, and False Imprisonment
For false imprisonment in California, the plaintiff must be aware of the confinement at the time it occurs, OR suffer actual harm as a result of the confinement, even if unaware. This 'actual harm' alternative is a key distinction to remember.
Torts: Intentional Torts & Defenses
Battery, Assault, and False Imprisonment
Confusing assault (apprehension) with battery (contact). Remember, no contact needed for assault!
Torts: Intentional Torts & Defenses
Battery, Assault, and False Imprisonment
Assuming intent to harm is required for battery; intent to cause contact is sufficient.
Torts: Intentional Torts & Defenses
Battery, Assault, and False Imprisonment
Forgetting that a reasonable means of escape, even if unknown to the plaintiff, can defeat a false imprisonment claim (unless California's harm exception applies).
Torts: Intentional Torts & Defenses
IIED
Intentional Infliction of Emotional Distress.
Torts: Intentional Torts & Defenses
Outrageous Conduct
Exceeds all bounds of decency.
Torts: Intentional Torts & Defenses
Severe Distress
Distress no reasonable person should endure.
Torts: Intentional Torts & Defenses
Trespass to Land
Intentional physical invasion of real property.
Torts: Intentional Torts & Defenses
Trespass to Chattels
Minor interference with personal property.
Torts: Intentional Torts & Defenses
Chattel
An item of movable personal property.
Torts: Intentional Torts & Defenses
IIED, Trespass to Land, Chattels, Conversion
For the property torts, remember 'LCC': Land, Chattels, Conversion. Land is real property. Chattels is minor interference with personal property. Conversion is major interference with personal property, like a forced sale.
Torts: Intentional Torts & Defenses
IIED, Trespass to Land, Chattels, Conversion
For IIED in California, remember the 'bystander' rule: close relation, present at scene, personally observed, and defendant knew or should have known of presence and relationship. Also, for trespass to land, California generally follows the rule that intent to enter, not intent to trespass, is sufficient.
Torts: Intentional Torts & Defenses