California Baby Bar (FYLSE) Cheat Sheet

Contracts

33.3% of exam
Offer and Acceptance Consideration UCC Article 2 Sales Statute of Frauds Contract Remedies

Criminal Law

33.3% of exam
Homicide Mens Rea States Property Crimes Inchoate Offenses Defenses and Justifications

Torts

33.3% of exam
Intentional Torts Negligence Elements Strict Liability Products Liability Defamation and Privacy

Quick Facts

Exam Format 100 multiple choice questions
Scored Items 90 scored, 10 pretest
Test Duration Two 90-minute sessions
Total Time Three hours testing time
Passing Score 560 scaled out of 800
Exam Schedule June and October sittings
Essay Status Essays eliminated June 2024
Credit Window First three eligible administrations govern credit

Statute of Frauds Scope CO

MY LEGS marks contracts needing written evidence
Marriage promises Year-plus performance Land interest transfers Executor debt payment Goods 500 dollars or more Suretyship agreements

UCC Versus Common Law CO

UCC Article 2

Governs movable goods
No mirror image requirement
Good faith modification valid

Common Law

Governs services and land
Strict mirror image rule
Pre-existing duty rule applies
Goods trigger Article 2

Contracts Law and Formation Picker CO

Sale of movable goods → UCC Article 2 ( Tangible property )
Services or real property → Common Law rules ( Restatement Second )
Mixed goods and services → Predominant purpose test ( Majority factor governs )
Additional terms between merchants → UCC Section 2-207 ( Check offer limits, materiality, timely objections )
Price omitted by agreement → Reasonable price at delivery ( UCC Gap Filler )
Oral agreement for goods → Check Statute of Frauds and exceptions ( 500 dollar threshold )

Offer and Acceptance Rules CO

Offer Objective manifestation of intent Assent
Advertisements Presumptively invitations to deal Default
Lapse of Time Terminates after reasonable time
Revocation Effective upon reliable notice
Mailbox Rule Dispatch rule; receipt exceptions apply
Option Contract Held open with consideration
UCC Firm Offer Merchant signed assurance holds goods offer Irrevocable ≤3 months
Option Acceptance Effective upon receipt, absent contrary terms

Option Versus UCC Firm Offer CO

Common Law Option

Normally consideration; recognized exceptions apply
Can exceed three months
Applies to any party

UCC Firm Offer

No consideration required
Three-month maximum consideration-free irrevocability
Must be signed merchant
Merchant writing dispenses consideration

Consideration and Estoppel CO

Bargained-for Exchange Legal value exchanged reciprocally
Pre-existing Duty Cannot serve as consideration Common Law
Past Consideration Not valid consideration
UCC Modification No new consideration; good faith required No New Value
Promissory Estoppel Foreseeable reliance substitute Restatement 90
Illusory Promise Lacks actual commitment
Moral Obligation Generally insufficient; narrow exceptions apply

UCC and Statute of Frauds CO

UCC Scope Transactions in movable goods
Mirror Image Rule Common law acceptance match Common Law
UCC 2-207 Battle of the forms No Mirror
Statute of Frauds Writing required for enforcement Defense
SOF Categories Marriage/year/land/executor/goods/suretyship MY LEGS
Merchant Memo Exception Merchants: written objection within ten days SOF defense only
Parol Evidence Rule Bars prior inconsistent terms

Remedies and Third Parties CO

Expectation Damages Benefit of the bargain Primary
Reliance Damages Restores pre-contract position
Restitution Prevents unjust enrichment
Consequential Damages Foreseeable losses at formation Hadley
Specific Performance Unique goods or land
Intended Beneficiary Can enforce contract rights Vesting
Delegation of Duty Usually permitted; personal skill may bar

Inherently Dangerous Felonies CR

BARRK recalls common examples; apply jurisdictional limits
Burglary Arson Robbery Rape Kidnapping

Larceny Versus Embezzlement CR

Larceny

Trespassory initial taking
Victim had possession
Intent formed at taking

Embezzlement

Initial lawful possession
Fraudulent conversion later
Fiduciary position typical
Possession at taking controls

Criminal Homicide Level Picker CR

Premeditated and deliberate intent → First-Degree Murder ( Specific intent to kill )
Killing during burglary or arson → Felony Murder Rule ( BARRK enumerated felonies )
Intent to cause serious harm → Second-Degree Murder ( Common law malice )
Extreme recklessness human life → Depraved Heart Murder ( Second-degree level )
Adequate provocation heat of passion → Voluntary Manslaughter ( No cooling off )
Criminal negligence without malice → Involuntary Manslaughter ( Gross negligence standard )

Homicide and Mens Rea CR

Malice Aforethought Required mental state for murder
Specific Intent Intent to accomplish result
General Intent Intent to commit act
First-Degree Murder Premeditated and deliberate killing
Depraved Heart Murder Reckless indifference to life
Felony Murder Qualifying felony; merger/causation limits apply BARRK
Voluntary Manslaughter Adequate provocation heat of passion

Common Law Murder Malice CR

Four mental states establish common law murder malice
Intent to kill Intent serious bodily harm Depraved heart indifference Felony murder felony intent

Second Degree Murder Versus Manslaughter CR

Second-Degree Murder

Malice aforethought present
Depraved heart indifference
No adequate provocation

Voluntary Manslaughter

Malice negated by provocation
Heat of passion killing
No reasonable cooling period
Adequate provocation mitigates murder

Property and Inchoate Crimes CR

Larceny Trespassory taking carrying away
Embezzlement Fraudulent conversion lawful possession
False Pretenses Title obtained by misrepresentation
Robbery Larceny by force or threat
Burglary Night: breaking, dwelling-entry, felony intent Common law; another's dwelling
Attempt Intent plus legally sufficient execution step
Conspiracy Agreement plus required criminal intent Overt-act requirement varies

Criminal Defenses and Parties CR

Accomplice Liability Intentional assistance; required criminal intent Elements and scope matter
Self-Defense Reasonable force against imminent harm Justification
Defense of Others Reasonable belief victim entitled
M'Naghten Insanity Cannot understand act OR its wrongfulness Cognitive
Duress Defense Imminent threat of serious harm
Voluntary Intoxication Defense to specific intent only Limited
Entrapment Government induced unpredisposed person

Transferred Intent Tort Scope TO

Intent transfers across five historical trespassory torts
Battery Assault False Imprisonment Trespass to Land Trespass to Chattels

Actual Cause Versus Proximate Cause TO

Actual Cause

But-for causation test
Factual connection required
Substantial factor exception

Proximate Cause

Foreseeable scope of risk
Limits legal liability
Superseding cause cuts liability
Both required for negligence

Torts Theory of Liability Picker TO

Intentional harmful/offensive contact caused → Battery claim ( Consent and privilege matter )
Actor created imminent apprehension → Assault claim ( Awareness required )
Unreasonable conduct caused harm → Negligence action ( Duty breach causation damages )
Injury from characteristic wild-animal danger → Strict liability ( Recognized defenses still apply )
Commercial seller defective product → Strict products liability ( Reaches consumer unchanged )
Defamatory speech about official → Actual malice standard ( High First Amendment bar )

Intentional Torts and Negligence TO

Battery Intentional harmful/offensive contact, direct/indirect
Assault Reasonable apprehension of imminent contact
False Imprisonment Intentional unlawful confinement; awareness or harm
Negligence Duty Foreseeable risk reasonable care Palsgraf
Hand Formula Breach Burden less than probability loss B less than PL
Res Ipsa Loquitur Inference of negligence from event
Proximate Cause Foreseeable harm scope of liability

Battery Versus Assault TO

Battery

Harmful OR offensive contact
No awareness needed
Includes attached items

Assault

Apprehension of contact
Immediate awareness required
Context must create imminent apprehension
Contact versus reasonable apprehension

Strict Liability and Defamation TO

Wild Animals Characteristic dangers; recognized defenses apply Strict; defenses remain
Abnormally Dangerous High risk cannot eliminate Strict Duty
Manufacturing Defect Departs from intended design
Design Defect Risk-utility or consumer-expectations test Test varies by jurisdiction
Failure to Warn Inadequate instructions or dangers
Defamation False statement harming reputation
Public Official Standard Knowing falsity OR reckless disregard NYT v Sullivan

Common Traps

Contract Modification Rules

Consideration generally required; exceptions apply ≠ UCC: no new consideration required

Mailbox Rule Rejection Race

Dispatch rule applies first ≠ Rejection first suspends mailbox

Embezzlement Possession Line

Larceny takes custody wrongfully ≠ Embezzlement starts with possession

Felony Murder Liability Scope

Apply merger causation and statutory limits ≠ Police/victim killings: agency limits

Assault Apprehension Requirement

Assault requires victim awareness ≠ Battery requires no awareness

Strict Products Liability Scope

Commercial sellers strictly liable ≠ Casual sellers: no strict products liability

Last Minute

1. 100 multiple choice questions only
2. 560 scaled passing score required
3. Two 90-minute testing sessions
4. UCC governs movable goods
5. Common law requires mirror image
6. Malice required for common murder
7. Felony murder requires jurisdictional limits
8. Battery includes indirect harmful/offensive contact
9. Assault requires reasonable apprehension
10. Pass within first three eligible administrations

California First-Year Law Students' Exam (Baby Bar)

Practice Questions 220 questions Study Guide 95 topics Cheat Sheet 64 facts Flashcards 50 cards Games 20 terms Blogs 1 blog
Word games 20 terms Guess the Term T E R M S Read the clue and guess the term in 6 tries. Word games 20 terms Term Match Swap tiles to line up three of the same term. Word games 20 terms Term Pairs ? ✓ ✓ ? ? Flip two cards at a time to find matching terms. Word games 20 terms Term Search Q T E R M X Find five hidden terms in a grid of letters.