MBE Tip

There's a saying: "if you wish to upset the law that all crows are black, it is enough to prove one single crow to be white."

On the MBE, imagine a Torts question asking if a battery has occurred. An answer choice says something like "yes, because there was a harmful contact." That's the equivalent of a black crow. It provides very little relevant information to answer the question because it doesn't tell you whether any of the elements are not satisfied.

An answer choice that says "No, because there was no contact" is the equivalent of a white crow. There's nothing else to be said if there was no contact. No contact, no battery. This isn't a Torts tip; it's a tip you can apply throughout the entire test. Any answer choice that eliminates a required element should be given plenty of consideration. An answer choice that merely tells you that one of many elements have been satisfied should be looked upon with lots of skepticism.