MA BAR Cheat Sheet 2026

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

1. Under FRE 404(b), evidence of prior bad acts may be admissible for purposes such as: → Proving motive, opportunity, intent, knowledge, or identity
2. What is the purpose of the Massachusetts Bar's character and fitness evaluation? → To determine the applicant's moral character and suitability to practice law
3. A landowner owes the highest duty of care to which class of entrant? → Invitees
4. Under substantive due process, which right has been recognized as 'fundamental,' triggering strict scrutiny? → Right to interstate travel
5. Which doctrine allows federal courts to abstain from deciding a constitutional issue if a state court could resolve it on state law grounds? → Pullman abstention
6. Which contract remedy places the non-breaching party in the position they were in before the contract was made? → Restitution/reliance damages
7. The parol evidence rule generally bars introduction of prior or contemporaneous oral agreements that: → Contradict or vary the terms of a fully integrated written contract
8. A statement made for purposes of medical diagnosis or treatment is admissible under which hearsay exception? → Statement for medical diagnosis or treatment
9. Under the implied warranty of habitability in residential leases, a landlord's duty requires: → Maintaining the premises in a condition fit for human habitation throughout the tenancy
10. Under Massachusetts Chapter 93A, which conduct is actionable? → Unfair or deceptive acts or practices in the conduct of trade or commerce
11. Under products liability, the strict liability doctrine of Restatement § 402A holds sellers liable for: → Unreasonably dangerous products in a defective condition that cause harm
12. Which doctrine allows a court to enforce a promise even without consideration if the promisor should have expected the promisee to rely on the promise? → Promissory estoppel
13. A state law conflicts with a valid federal statute. Under the Supremacy Clause, the result is: → The federal law preempts the state law
14. An accord and satisfaction discharges a contractual duty when: → The creditor accepts a lesser payment as full satisfaction of a disputed debt
15. Under Massachusetts law, what is the standard of proof required for a criminal conviction? → Beyond a reasonable doubt
16. Which doctrine allows a court to fill in missing contract terms based on what the parties would have agreed to? → Gap-filling by implication
17. Under Massachusetts law, the traditional distinctions between trespasser, licensee, and invitee were replaced by what standard? → A single reasonable care standard for all lawful entrants
18. An anticipatory repudiation occurs when a contracting party: → Unequivocally announces before the performance date that they will not perform
19. Under the best evidence rule, which must be produced to prove the contents of a writing? → The original document, or an acceptable duplicate
20. The Statute of Frauds requires contracts for the sale of goods valued at $500 or more to be: → In writing and signed by the party to be charged
21. Which clause of the U.S. Constitution prohibits states from impairing the obligation of contracts? → Contract Clause
22. What is the minimum passing score required on the Uniform Bar Examination (UBE) to be eligible for licensure in Massachusetts? → 270
23. The Massachusetts Declaration of Rights is found in which part of the Massachusetts Constitution? → Part First
24. Which Supreme Court standard applies to a law that classifies based on gender? → Intermediate scrutiny
25. In Massachusetts, which of the following is the correct standard for granting a motion to dismiss for failure to state a claim? → The facts alleged must fail to state a claim upon which relief can be granted.
26. Which of the following is considered a "specific intent" crime under Massachusetts law? → Burglary
27. Under Massachusetts Guide to Evidence, the marital privilege allowing a spouse to refuse to testify against the other spouse in a criminal case belongs to: → The testifying spouse, who may choose whether to testify
28. Which of the following discovery methods allows a party to obtain documents from a non-party in Massachusetts civil litigation? → Subpoena duces tecum
29. Massachusetts courts have interpreted Article 14 of the Declaration of Rights (search and seizure) as providing: → Greater protections than the federal Fourth Amendment in some contexts
30. The Fourteenth Amendment's Equal Protection Clause applies to which governments? → Both state and local governments