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 three elements are required to form a valid contract under common law? → Offer, acceptance, and consideration
2. What are Miranda rights and when must police deliver them? → Warnings of the right to silence and counsel required before custodial interrogation
3. Under the traditional common law classification of entrants, a landowner's duty to trespassers is limited to: → Refraining from willful, wanton, or intentional harm
4. What distinguishes first-degree murder from second-degree murder in most US jurisdictions? → Premeditation and deliberation
5. What is the constitutional basis for the Supreme Court's power of judicial review? → Marbury v. Madison established it as an inherent judicial power
6. What does the 5th Amendment's Takings Clause require when the government takes private property? → Just compensation must be paid to the property owner
7. Which of the following is correctly classified as an intentional tort? → Trespass to land
8. What does 'equal protection' under the 14th Amendment guarantee? → That similarly situated people will be treated similarly under the law
9. The Double Jeopardy Clause of the 5th Amendment prohibits what? → Being tried twice for the same offense after acquittal or conviction
10. Under the Model Rules, which party ultimately decides whether to settle a civil case? → The client
11. 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
12. What is 'standing' as a constitutional requirement for federal court jurisdiction? → The plaintiff must have a concrete injury, causation, and redressability
13. The Commerce Clause grants Congress the power to regulate what? → Commerce among the states, with foreign nations, and with Indian tribes
14. What is the purpose of the attorney-client privilege? → To encourage full and frank communication between lawyers and clients
15. The intentional tort of battery is best defined as: → Harmful or offensive contact with another person without consent
16. Under Model Rule 4.2, a lawyer generally may not communicate with: → A represented opposing party without the opposing lawyer's consent
17. Under the rescue doctrine ('danger invites rescue'), a tortfeasor who negligently places someone in peril is also liable to: → A rescuer who is injured while making a reasonable attempt to help the victim
18. What is a 'condition precedent' in contract law? → An event that must occur before a party's contractual obligation to perform becomes due
19. Which of the following is NOT one of the goals of our revised lawyer website creation guidelines for MAs? → Ensuring all site content is representative of the attorney’s practice
20. What are the four essential elements a plaintiff must prove to establish a negligence claim? → Duty, breach, causation, and damages
21. Under the Model Rules of Professional Conduct, when must a lawyer withdraw from representation? → When representation will result in a violation of the law or rules of professional conduct
22. What is the standard for granting a motion for judgment as a matter of law (JMOL) under FRCP Rule 50? → No reasonable jury could find for the non-moving party based on the evidence presented
23. Under the Due Process Clause of the 14th Amendment, what does 'procedural due process' require? → Notice and an opportunity to be heard before a deprivation of life, liberty, or property
24. Under the 4th Amendment, what is the 'fruit of the poisonous tree' doctrine? → Evidence derived from an unconstitutional search or seizure is also inadmissible
25. Under the Model Rules, how long must a lawyer generally retain client files after the conclusion of a matter? → The period varies by state bar rules, but commonly five years
26. The area of law that determines the types of crimes and their appropriate penalties → Criminal Law
27. Under the doctrine of respondeat superior, an employer is vicariously liable for: → Torts committed by employees acting within the scope of their employment
28. What does 'intermediate scrutiny' require the government to show when a law is challenged? → The law is substantially related to an important government interest
29. Under the Model Rules, what is a lawyer's duty when they receive funds belonging to a client? → Keep client funds in a separate trust account
30. Defamation 'per se' differs from ordinary defamation in that: → The statements are so inherently harmful that damages are presumed without specific proof