Lawyer Cheat Sheet 2026

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

1. What does 'res judicata' mean in legal practice? → A matter already judged that cannot be relitigated
2. What three elements are required to form a valid contract under common law? → Offer, acceptance, and consideration
3. Under the work-product doctrine, which category of documents receives the highest level of protection? → Attorney's mental impressions and legal theories
4. What is 'standing' in federal court litigation? → A party's right to bring suit, requiring injury-in-fact, causation, and redressability
5. What are Miranda rights and when must police deliver them? → Warnings of the right to silence and counsel required before custodial interrogation
6. In which scenario is ex parte communication with a judge generally permissible? → For routine scheduling matters expressly authorized by court rules
7. Under the traditional common law classification of entrants, a landowner's duty to trespassers is limited to: → Refraining from willful, wanton, or intentional harm
8. Which equitable doctrine allows a court to reform a written contract that fails to reflect the true intent of both parties due to mutual mistake? → Reformation
9. What distinguishes first-degree murder from second-degree murder in most US jurisdictions? → Premeditation and deliberation
10. A 'charging lien' gives an attorney the right to: → Retain funds from a judgment obtained for the client to satisfy unpaid fees
11. What is the constitutional basis for the Supreme Court's power of judicial review? → Marbury v. Madison established it as an inherent judicial power
12. What is 'laches' as an equitable defense? → Unreasonable delay in asserting a right that prejudices the opposing party
13. Under the attorney-client privilege, which of the following communications is NOT protected? → A communication made in furtherance of a future crime
14. When is a contingency fee arrangement expressly prohibited under the Model Rules? → In domestic relations matters where the fee depends on securing a divorce
15. What does the 5th Amendment's Takings Clause require when the government takes private property? → Just compensation must be paid to the property owner
16. Which of the following is correctly classified as an intentional tort? → Trespass to land
17. A client instructs her SMC-certified attorney to pursue a claim the attorney believes is frivolous. The attorney's proper course is to: → Advise the client of the legal weakness and refuse to file if it lacks merit
18. When a court applies the 'reasonable person' standard in a negligence case, it is assessing: → What an ordinary prudent person would have done in the same circumstances
19. What does 'equal protection' under the 14th Amendment guarantee? → That similarly situated people will be treated similarly under the law
20. A client refuses to authorize a settlement offer the lawyer believes is very favorable. The lawyer should: → Advise the client of the lawyer's opinion but abide by the client's decision to reject
21. A lawyer's client is a minor whose parent pays the legal fees. Who is the lawyer's client for purposes of confidentiality and decision-making? → The minor, since the minor is the named party in the representation
22. The Double Jeopardy Clause of the 5th Amendment prohibits what? → Being tried twice for the same offense after acquittal or conviction
23. Under Federal Rule of Evidence 404(b), evidence of prior bad acts is generally inadmissible to prove character but may be admitted to prove: → Motive, intent, knowledge, or absence of mistake
24. Under the Model Rules, which party ultimately decides whether to settle a civil case? → The client
25. Which of the following is an example of a conflict of interest under Model Rule 1.7? → Representing two clients whose interests are directly adverse
26. A lawyer receives a $10,000 advance fee from a client. Before any work is performed, the client terminates the engagement. The lawyer must: → Return the unearned portion of the advance fee promptly
27. What is 'promissory estoppel'? → A doctrine enforcing a promise that was reasonably relied upon even without consideration
28. What is 'standing' as a constitutional requirement for federal court jurisdiction? → The plaintiff must have a concrete injury, causation, and redressability
29. The Commerce Clause grants Congress the power to regulate what? → Commerce among the states, with foreign nations, and with Indian tribes
30. What is the purpose of the attorney-client privilege? → To encourage full and frank communication between lawyers and clients