DE BAR Cheat Sheet 2026

The 30 highest-yield DE BAR facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.

1. A party in a Delaware civil case objects that relevant evidence should be excluded under D.R.E. 403. Exclusion is proper only if the probative value is: → Substantially outweighed by dangers such as unfair prejudice, confusion, or waste of time
2. In a res ipsa loquitur case, the plaintiff must generally show the injury-causing instrumentality was: → Within the defendant's exclusive control
3. When dividing marital property in a Delaware divorce, what role does marital misconduct such as adultery play? → None; the court divides property equitably without regard to marital misconduct
4. In Delaware, which court has original jurisdiction over felony criminal cases? → Superior Court
5. Under the Delaware Rules of Criminal Procedure, when must an indictment or information be filed for a felony charge? → Prior to or at the time of arraignment
6. A Delaware agency issues a decision unsupported by any record evidence and misapplies the governing statute. On appeal, the Superior Court should: → Reverse or remand because the decision lacks substantial evidence and contains legal error
7. To recover for defamation, a private-figure plaintiff suing over a statement on a matter of public concern must prove at minimum: → Negligence as to falsity
8. A rule is challenged as exceeding the agency's statutory authority. This is an attack on the rule's: → Ultra vires character, i.e., action beyond delegated power
9. A lawyer wishes to enter into a business transaction with a current client. Under Rule 1.8(a), the transaction requires all of the following EXCEPT: → Approval by the Delaware Supreme Court
10. What is the concept of federalism in the context of the U.S. Constitution? → The distribution of power between the federal government and the state governments.
11. Under Delaware law, when does an appeal to the Delaware Supreme Court from a final Superior Court judgment generally have to be filed? → Within 30 days after entry of the judgment
12. Under the Delaware Revised Uniform Limited Partnership Act, what is the liability of a limited partner for the partnership's debts? → Liability limited to capital contribution
13. When may character evidence be used to prove conduct? → In criminal cases, the defendant may offer evidence of pertinent good character traits
14. Under the Delaware LLC Act, is the LLC agreement required to be in writing? → No, an oral or written agreement is permissible
15. Under the traditional First Restatement approach (lex loci delicti), which law governs a tort claim? → Law of the state where the injury occurred
16. A contract requires a painter to paint a portrait to the buyer's personal satisfaction. The buyer honestly dislikes the finished portrait. What is the result? → The condition fails and the buyer need not pay, if the dissatisfaction is in good faith
17. When determining legal custody and residence of a child, the Delaware Family Court must apply which governing standard? → The best interests of the child under the factors in 13 Del. C. § 722
18. What constitutes a fixture in real property law? → Personal property that has become permanently attached to real property
19. Which law governs the validity and testamentary disposition of a decedent's personal property under traditional conflict of laws? → The law of the testator's domicile at the time of death
20. What is the default standard of review Delaware courts apply to disinterested board decisions? → The business judgment rule
21. On what basis will a Delaware court grant a divorce petition? → The marriage is irretrievably broken and reconciliation is improbable
22. Which Delaware court has jurisdiction over civil landlord-tenant summary possession proceedings? → The Justice of the Peace Court
23. A will beneficiary who is the testator's sibling predeceases the testator, leaving two children. Under Delaware's anti-lapse statute, who takes the gift? → The sibling's two children by representation
24. Which doctrine allows Delaware courts to admit evidence obtained in violation of the Fourth Amendment when officers reasonably relied on a defective warrant? → Good faith exception
25. An agency denies a professional license after an evidentiary hearing. This agency action is best characterized as: → Adjudication
26. What is the effect of a self-proving affidavit attached to a Delaware will? → It allows the will to be admitted to probate without live witness testimony
27. Under the interest analysis approach, a 'false conflict' arises when: → Only one state has a genuine interest in applying its law to the dispute
28. A Delaware trust instrument is silent on trustee compensation. What is the trustee entitled to receive? → Reasonable compensation under the circumstances
29. Under Delaware FOIA, a citizen denied access to public records may first seek review by: → Petitioning the Attorney General for an opinion on whether a violation occurred
30. A defendant in a Delaware assault prosecution offers evidence of the victim's violent character to show the victim was the first aggressor. This evidence is: → Admissible as pertinent character evidence of the victim offered by the accused