FYLSX Cheat Sheet 2026

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

1. A FYLSX examinee writes: 'Defendant is liable because his actions were wrong and injured the plaintiff.' This sentence fails as legal analysis because: → It states a conclusion without applying any legal elements or connecting facts to a rule
2. Which of the following is NOT a required element of fraudulent misrepresentation as a defense to contract enforceability? → Written communication of the misrepresentation
3. Eve stabs Victor after Victor secretly added a drug to her drink that caused her to hallucinate an attack. Eve's best defense is: → Involuntary intoxication
4. A defendant charged with burglary broke into a home at noon. At common law, she is: → Not guilty, because common law burglary required entry in the nighttime
5. Voluntary intoxication may be a defense to which category of crime? → Specific intent crimes only
6. Ivan and Joan form a contract where Ivan agrees to 'sell as many apples as I feel like growing' to Joan. This contract is most likely: → Illusory and therefore unenforceable because Ivan's obligation is not real.
7. Zack drives the getaway car after a bank robbery committed by Amy. Zack knew about the robbery in advance and agreed to help. He is: → A principal in the second degree
8. Which of the following is an essential element for a prima facie case of false imprisonment? → The plaintiff must be aware of the confinement or be harmed by it.
9. Which of the following best illustrates the difference between assault and battery? → Assault is the apprehension of contact; battery is the actual harmful or offensive contact
10. Which doctrine allows a court to award expectation damages even when they are difficult to calculate with certainty? → Courts use the best available evidence to estimate damages with reasonable certainty
11. Ray counsels Susan to commit embezzlement, then Ray dies before Susan commits the crime. Susan embezzles funds. At common law, Ray's estate faces: → No criminal liability because Ray died before the crime was completed
12. Why are legal citations important in essays? → They give credibility by referencing authority
13. Which of the following is NOT a recognized exception to the rule that offers are freely revocable? → An offer that has been open for more than 30 days.
14. For the FYLSX, forgery is best defined as: → Making or altering a writing with apparent legal significance with fraudulent intent
15. Which of the following best describes 'mitigation of damages' in contract law? → The non-breaching party must take reasonable steps to reduce losses after breach
16. What is required to prove conspiracy? → An agreement and overt act
17. Which component of IRAC involves identifying the legal question? → Issue
18. A plaintiff suffers only nominal emotional discomfort — not severe distress — after a defendant's harassing phone calls. Can she recover for IIED? → No, because IIED requires severe emotional distress as an element
19. A plaintiff claims she was induced to sign a contract based on the defendant's innocent (non-fraudulent) misrepresentation. Which remedy is available? → Rescission of the contract only; no damages for the innocent misrepresentation
20. Which doctrine prevents enforcement of a contract term that is oppressive and results from unequal bargaining power? → Unconscionability
21. What is the primary distinction between libel and slander? → Libel involves written or fixed-medium statements; slander involves spoken statements
22. Which of the following is an example of an absolute privilege in defamation law? → Statements made by a legislator during official legislative proceedings
23. A strict liability claim for abnormally dangerous activity requires that the harm result from the: → Specific risk that made the activity abnormally dangerous
24. Under the common law, when parties exchange emails and dispute whether they reached an agreement, courts use which standard to determine contract formation? → The objective standard — what a reasonable person would believe the communications meant.
25. An anti-assignment clause in a contract generally: → Bars assignment but the assignee may still have a claim for breach of contract damages
26. Which fact pattern is most consistent with 'constructive malice' supporting a murder charge? → A burglar accidentally kills a homeowner while fleeing
27. A defendant is sued for private nuisance. Which element distinguishes private nuisance from trespass to land? → Nuisance involves interference with use and enjoyment without physical intrusion
28. A conspiracy requires which of the following at common law? → An agreement between two or more persons to commit an unlawful act
29. A defendant publishes a false statement that a public figure committed fraud. To succeed in a defamation action, the public figure must prove: → The statement was false, published with actual malice, and caused harm
30. Premeditation for first-degree murder can be formed: → In an instant, as long as it precedes the killing