Strategies & Tactics for the MBE 2

With over 465 questions--of which 445 were asked on actual past Multistate Bar Exams--and detailed explanations of the right and wrong answers Strategies & Tactics for the MBE 2 is key to your success on the exam!

A comprehensive resource created in the successful Strategies & Tactics style, Strategies & Tactics for the MBE 2, Fourth Edition provides over 465 questions to help you prepare for the Multistate Bar Exam (MBE(R)). Success on the MBE(R) can often influence whether you pass or fail the Bar Exam. Understanding the issues of law tested on the exam and learning how the exam questions are written to test your understanding of the law are essential skills for success. With Steve Emanuel's comprehensive explanations of why one answer choice is the best answer and why the other choices are not,  Strategies & Tactics for the MBE 2, Fourth Edition helps you gain the ability to select the best answer with certainty.

New to the Fourth Edition:

22 new Civil Procedure questions recently released by the National Conference of Bar Examiners, with detailed answers written by Steve Emanuel
86 new questions in Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Property, and Torts; all are actual past MBE questions, with detailed answers written by Steve Emanuel

Order now to get INSTANT ACCESS to the full ebook version of the text; outlining and case briefing tools; and other resources — just redeem the access code sent in your order confirmation email!

With over 465 questions—of which 445 were asked on actual past Multistate Bar Exams—and detailed explanations of the right and wrong answers Strategies & Tactics for the MBE® 2 is key to your success on the exam!

A comprehensive resource created in the successful Strategies & Tactics style, Strategies & Tactics for the MBE® 2, Fourth Edition provides over 465 questions to help you prepare for the Multistate Bar Exam (MBE®). Success on the MBE® can often influence whether you pass or fail the Bar Exam. Understanding the issues of law tested on the exam and learning how the exam questions are written to test your understanding of the law are essential skills for success. With Steve Emanuel’s comprehensive explanations of why one answer choice is the best answer and why the other choices are not, Strategies & Tactics for the MBE® 2 helps you gain the ability to select the best answer with certainty.

New to the Fourth Edition:

22 new Civil Procedure questions recently released by the National Conference of Bar Examiners, with detailed answers written by Steve Emanuel
86 new questions in Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Property, and Torts; all are actual past MBE questions, with detailed answers written by Steve Emanuel

Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.

Pushing the boundaries between domestic and unified laws, this book explores the differences between unification and harmonization. Bruno Zeller provides a critical examination of the Convention for the International Sale of Goods (CISG), the advances of international jurisprudence and the role of domestic courts, in order to consider whether unification is merely a myth or a reality. Describing the salient features of unification and harmonization and using the CISG as a vehicle to test unification attempts, this volume touches on controversial points and fosters debates upon efforts to unify laws in discrete areas. It examines the assumption that the creation of a convention introduces a uniform law, which then contributes to the harmonization of international laws. Provocative, this is a must read for postgraduates and researchers studying and working in the fields of comparative and international trade law.

Why is there so much resistance to recent issues of tolerance and diversity? Despite efforts of the international community to encourage open-mindedness, recent attempts at international, political and economic integration have shown that religious, cultural and ethnic tolerance and diversity remain under threat. The contributions in the volume reflect the growing importance of these issues and why resistance is so widespread. Part I addresses the relationship between the language of law and its power, whilst Part II explores the interplay of tolerance and diversity under visual, legislative and interpretative perspectives. This collection as a whole offers a combination of varied perspectives on the analysis, application and exploitation of laws and will be a valuable source of information for those interested in the general area of language and the law.

Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.

An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.

The European Neighbourhood Policy (ENP) is a recent example of an external EU policy drawn up explicitly with the objective of achieving coherence in the external policies of the EU and its Member States. Positioning the ENP in the legal-historical context of political union, this book explains why coherence has become a substantive issue in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. The text examines the role of EU external relations law in attaining a coherent neighbourhood policy and goes on to undertake an in depth analysis of the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, and stems primarily from its hybrid composition of hard legal, soft legal and non-legal policy instruments. Adopting an interdisciplinary approach by integrating elements of law, history and political science, EU External Relations Law and the European Neighbourhood Policy is unique in its approach to the subject. This book will be of particular interest to academics and students of EU Law, Political Science, History and International Relations as well as to practitioners engaged in the process of drafting coherent external policy.

Introducing readers to the study of law, media and popular culture, this text, using three original case studies, re-examines the assumptions underpinning existing research and suggests alternatives. Arguing that the study of law, media and popular culture should be embedded in the sociology of everyday life, the author focuses on four specific topics, in which there is scope for further development. These are the facts that: the current literature in this field predominantly focuses on crime, neglecting the way the media portrays less spectacular, more run-of-the-mill legal topics fiction, primarily, has captured scholars' attention, with remarkably less being paid to representations of law, other than crime, in factual media textual analysis continues to be the preferred method in the study of law and the media the literature is dominated by a fear of corrosive media effects, while the potential of the media and popular culture to improve public legal knowledge, facilitate access to justice and promote legal change remains largely undocumented. Exploring the often uneasy relationship between law and popular culture from specific socio-legal perspectives, including systems theory, semiotics of law and legal pluralism, this book is an essential read for those studying and researching in this area.

The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.

The Sword and the Scales is the first in-depth and comprehensive study of attitudes and behaviors of the United States toward major international courts and tribunals, including the International Courts of Justice, WTO, and NAFTA dispute settlement systems; the Inter-American Court of Human Rights; and all international criminal courts. Thirteen essays by American legal scholars map and analyze current and past patterns of promotion or opposition, use or neglect, of international judicial bodies by various branches of the United States government, suggesting a complex and deeply ambivalent relationship. The United States has been, and continues to be, not only a promoter of the various international courts and tribunals but also an active participant of the judicial system. It appears before some of the international judicial bodies frequently and supports more, both politically and financially. At the same time, it is less engaged than it could be, particularly given its strong rule of law foundations and its historical tradition of commitment to international law and its institutions.

Fines and monetary damages account for the majority of legal sanctions across the whole spectrum of legal governance. Money is, in key respects, the primary tool law has to achieve compliance. Yet money has largely been ignored by social analyses of law, and especially by social theory. The Currency of Justice examines the differing rationalities, aims and assumptions built into money’s deployment in diverse legal fields and sanctions. This raises major questions about the extent to which money appears as an abstract universal or whether it takes on more particular meanings when deployed in various areas of law. Indeed, money may be unique in that it can take on the meanings of punishment, compensation, denunciation or regulation. The Currency of Justice examines the implications of the ‘monetization of justice’ as life is increasingly regulated through this single medium. Money not only links diverse domains of law; it also links legal sanctions to other monetary techniques which govern everyday life. Like these, the concern with monetary sanctions is not who pays, but that money is paid. Money is perhaps the only form of legal sanction where the burden need not be borne by the wrongdoer. In this respect, this book explores the view that contemporary governance is less concerned with disciplining individuals and more concerned with regulating distributions and flows of behaviours and the harms and costs linked with these.

Strategies & Tactics for the MBE 2

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