Most Frequently Tested Essay Topics

	A	B	C
1	Subject	Topic / Rule	Current Comfort Level
2	Professional Responsibility	Formation of Lawyer/Client Relationship	Confident
3	Professional Responsibility	Scope of Lawyer/Client Relationship	Confident
4	Professional Responsibility	Conflict of Interest: Duty of Loyalty	Confident
5	Professional Responsibility	Conflict of Interest: Current Client Conflicts	Confident
6	Professional Responsibility	Conflict of Interest: Former Client Conflicts	Confident
7	Professional Responsibility	Business Transactions and Pecuniary Interests	Confident
8	Professional Responsibility	Duty of Confidentiality	Confident
9	Professional Responsibility	Duty of Competence	Confident
10	Professional Responsibility	Duty of Communication	Close
11	Professional Responsibility	Duty of Diligence	Close
12	Professional Responsibility	Duty of Candor to the Court	Close
13	Professional Responsibility	Mandatory Withdrawal	Confident
14	Professional Responsibility	Permissive Withdrawal	Confident
15	Professional Responsibility	Filing Frivolous Claims & Contentions	Close
16	Professional Responsibility	Witness Perjury	Needs Work
17	Professional Responsibility	Lawyer's Fees (Amount)	Confident
18	Professional Responsibility	General Fee Arrangements	Confident
19	Professional Responsibility	Contingency Fee Arrangements	Confident
20	Professional Responsibility	Sharing Fees w/non-lawyers	Close
21	Professional Responsibility	Solicitation	Close
22
23	Civil Procedures	Federal Subject Matter Jurisdiction: Intro Statement	Confident
24	Civil Procedures	Federal Subject Matter Jurisdiction: Federal Question	Confident
25	Civil Procedures	Federal Subject Matter Jurisdiction: Diversity of Citizenship	Confident
26		Federal Subject Matter Jurisdiction: Supplemental Jurisdiction	Confident
27	Civil Procedures	Personal Jurisdiction: Traditional Bases	Confident
28	Civil Procedures	Personal Jurisdiction: Long Arm Statute & Constitutional Minimum Contacts Analysis	Confident
29	Civil Procedures	Scope of Discoverable Information	Confident
30	Civil Procedures	Compelled Physical and Mental Examinations	Confident
31	Civil Procedures	Res Judicata / Collateral Estoppel	Close
32	Civil Procedures	Removal to Federal Court	Needs Work
33	Civil Procedures	Remand from Federal Court to State Court	Needs Work
34
35	Torts	Negligence Elements	Confident
36	Torts	Negligence Per Se	Confident
37	Torts	Causation: Intervening Causes	Confident
38	Torts	Assumption of Risk	Confident
39	Torts	Comparative Negligence / Contributory Negligence	Confident
40	Torts	Vicarious Liability of Employer: Respondeat Superior	Close
41	Torts	Defamation	Confident
42	Torts	Intentional and Negligent Misrepresenation	Close
43	Torts	Public and Private Nuisance	Close
44	Torts	Abnormally Dangerous Activities	Close
45	Torts	Strict Products Liability: Manufacturing Defect, Design Defect, Failure to Warn	Confident
46	Torts	Products Liability: Liability for Negligence	Confident
47	Torts	Intentional Torts: General Elements	Confident
48	Torts	Battery	Confident
49	Torts	Assault	Confident
50	Torts	IIED	Confident
51	Torts	Trespass to Land	Confident
52	Torts	Trespass to Chattels	Confident
53
54	Remedies (Torts)	Available Legal Remedies	Close
55	Remedies (Torts)	Compensatory Damages	Close
56	Remedies (Torts)	Nominal Damages	Close
57	Remedies (Torts)	Puinitive Damages	Confident
58	Remedies (Torts)	Conversion Damages	Close
59	Remedies (Torts)	Trespass to Chattels Damages	Close
60	Remedies (Torts)	TROs	Close
61	Remedies (Torts)	Preliminary Injunction	Close
62	Remedies (Torts)	Constructive Trust	Close
63	Remedies (Torts)	Defenses: Laches	Close
64	Remedies (Torts)	Defenses: Unclean Hands	Close
65	Remedies (Torts)	Defenses: Intentional and Negligent Misrepresentation	Close
66
67	Constitutional Law	State Sovereign Immunity (11A)	Confident
68	Constitutional Law	Standing	Confident
69	Constitutional Law	Third-Party / Organizational Standing	Confident
70	Constitutional Law	Advisory Opinions, Ripeness, Mootness	Confident
71	Constitutional Law	Substantive Due Process	Close
72	Constitutional Law	Procedural Due Process	Close
73	Constitutional Law	Equal Protection Analysis	Close
74	Constitutional Law	Takings	Close
75	Constitutional Law	First Amendment: Protection + Content Neutral vs. Content-Based Restrictions	Confident
76	Constitutional Law	Freedom of Religion: Establishment Clause	Confident
77	Constitutional Law	Freedom of Religion: Free Exercise Clause	Confident
78	Constitutional Law	DCC + State Action	Confident
79
80	Corporations	Formation & Articles of Incorporation	Confident
81	Corporations	Liability for Pre-Incorporation Contracts	Confident
82	Corporations	Shareholder Liability & Piercing the Corporate Veil	Confident
83	Corporations	Duty of Care & Business Judgment Rule	Confident
84	Corporations	Duty of Loyalty: Fiduciary Duty Owed	Confident
85	Corporations	Duty of Loyalty: Conflicting Interest Transaction	Confident
86	Corporations	Duty of Loyalty: Usurping Corporate Opportunity	Confident
87	Corporations	Direct & Derivative Actions	Confident
88
89	Criminal Law	Murder	Confident
90	Criminal Law	Voluntary Manslaughter	Confident
91	Criminal Law	Attempt	Confident
92	Criminal Law	Conspiracy	Confident
93	Criminal Law	Intoxication	Confident
94	Criminal Law	Insanity	Close
95	Criminal Law	Self-Defense and Defense of Others	Confident
96	Criminal Procedure	Fourth Amendment Rights -- Government Action & Standing	Close
97	Criminal Procedure	Stop & Inquire / Stop & Frisk	Close
98	Criminal Procedure	Warrant Requirement for searches unless an exception applies	Close
99	Criminal Procedure	Plain View Doctrine	Close
100	Criminal Procedure	5th Amendment Privilege Against Self-Incrimination & Miranda Rights	Close