NJ BAR Cheat Sheet 2026

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

1. The Commerce Clause grants Congress the power to regulate which of the following? → Commerce with foreign nations and among states
2. Battery requires harmful or offensive contact with the plaintiff's person, which must have been caused by the defendant's what? → Intent to cause the contact or apprehension thereof
3. The non-delegation doctrine holds that Congress cannot delegate its legislative power to an executive agency without providing which element? → An intelligible principle
4. Which clause of the Constitution requires states to give full credit to the public acts, records, and judicial proceedings of other states? → Full Faith and Credit Clause
5. A landowner in New Jersey owes which standard of care to an invitee on their property? → Reasonable care to inspect and warn of known dangers
6. Restitution damages in contract law are awarded to prevent what? → Unjust enrichment of the breaching party
7. Miranda warnings must be given before custodial interrogation; custody exists when a reasonable person would believe what? → They were not free to terminate the encounter
8. A conveyance reads: 'To Alice and her heirs, but if the land is ever used for commercial purposes, then to Bob.' What interest does Bob hold? → Executory interest
9. Under NJ law, the Graves Act mandates a minimum term of parole ineligibility for crimes involving which weapon? → Firearms
10. What document must a party file to initiate a civil action in New Jersey? → A summons and complaint
11. Under the Establishment Clause, which test historically evaluated whether a law had a secular purpose and did not primarily advance religion? → Lemon test
12. The mens rea element 'purposely' under the Model Penal Code means the defendant acted with what state of mind? → Conscious object to cause the result
13. In New Jersey, what is the primary method for challenging the legality of a property seizure by the government? → File a petition for a declaratory judgment
14. In New Jersey, what is the standard for awarding punitive damages in a civil case? → Clear and convincing evidence
15. Which section of a legal brief typically contains a summary of the facts relevant to the case? → Statement of Facts
16. What is the primary function of a legal citation? → To reference and support legal arguments with authoritative sources
17. Assumption of risk as a defense requires the plaintiff to have had which two elements with respect to the known risk? → Knowledge of the risk and voluntary acceptance of it
18. Under the First Amendment, which category of speech receives no constitutional protection? → True threats and incitement to imminent lawless action
19. Under NJ's Uniform Commercial Code, the implied warranty of merchantability arises automatically in a sale by whom? → A merchant who deals in goods of that kind
20. The Sixth Amendment right to counsel attaches at which critical stage of criminal proceedings? → At the initiation of formal adversarial proceedings
21. The best evidence rule requires production of the original writing when a party seeks to prove what? → The content of a writing, recording, or photograph
22. The measure of expectation damages in a breach of contract case is designed to put the non-breaching party in which position? → The position it would have been in had the contract been performed
23. A prior consistent statement of a witness is admissible to rebut a charge of recent fabrication when the statement was made when? → Before the alleged motive to fabricate arose
24. Which New Jersey court handles appeals from municipal courts? → Appellate Division of the Superior Court
25. Under the doctrine of impossibility, a contract is discharged when performance becomes impossible due to which type of event? → Unforeseen supervening events that make performance objectively impossible
26. A mortgage in New Jersey is best characterized under state law as: → A lien on the property, not a transfer of title
27. A real covenant running with the land at law requires which of the following elements? → Intent, touch and concern, and privity of estate
28. Under the Due Process Clause of the Fourteenth Amendment, which standard of review applies to laws burdening fundamental rights? → Strict scrutiny
29. The parol evidence rule generally bars introduction of prior or contemporaneous oral agreements that would contradict which type of document? → A fully integrated written contract
30. Under NJ law, which doctrine may render a contract unenforceable if one party had no meaningful choice and the terms are unreasonably favorable to the other? → Unconscionability