DELAWARE BAR EXAM DISTINCTIONS — ONE-PAGE CHEAT SHEET
Condensed companion to the Delaware Bar Exam Distinctions long outline.
1. EXAM FORMAT
NON-UBE — own exam: MBE + one MPT + four Delaware-law essays · passing 143/200 (written 50% / MBE 50%) · scores NOT portable, out-of-state MBE not accepted · plus mandatory ~5-month clerkship + Checklist of Legal Activities · essays tested on Delaware law (write state-specific, unlike a UBE state).
2. COURTS & CIVIL PROCEDURE
Separate Court of Chancery (equity; corporate/DGCL litigation) · Superior Court (law) · Court of Common Pleas · single Supreme Court · each court has its own civil rules.
3. STATUTES OF LIMITATIONS
Tort 2 yr · contract/property 3 yr · instruments under seal = 20 yr · Chancery uses laches by analogy, not the statute directly.
4. EVIDENCE
Delaware Uniform Rules of Evidence track the FRE almost section-for-section · cite "D.R.E." on essays; reason from the FRE.
5. FAMILY LAW
Statewide Family Court · equitable distribution (NOT community property) · no-fault separation ground · common-law marriage NOT recognized.
6. WILLS, TRUSTS & ESTATES
No holographic wills (two-witness) · own elective-share formula · leading trust state: RAP abolished for trust-held personal property (dynasty trusts), valid self-settled asset-protection trusts (DAPTs) + directed trusts.
7. REAL PROPERTY
Race (pure race — first to record wins; notice irrelevant) recording · adverse possession 20 years (long) · judicial foreclosure by scire facias sur mortgage + confirmed sheriff's sale (NO power-of-sale).
8. TORTS
Modified comparative, 51% bar (50% still recovers) · joint and several liability RETAINED (UCATA contribution) · NO common-law dram-shop / social-host liability (defendant-favorable outlier) · no general damages caps.
9. CONTRACTS / UCC
Standard UCC + Statute of Frauds · sealed-instrument doctrine survives: seal substitutes for consideration AND triggers the 20-year limitations period.
10. BUSINESS ENTITIES — THE DGCL (most important)
Delaware is the national corporate capital · master: business-judgment rule, entire fairness / MFW for conflicted/controller deals, Revlon/Unocal, demand & derivative framework, § 102(b)(7) care exculpation, § 145 indemnification/advancement · LLC/LP acts emphasize contractual freedom (fiduciary duties modifiable; implied covenant non-waivable) · Court of Chancery is the forum.
11. PROFESSIONAL RESPONSIBILITY
Delaware Lawyers' Rules track ABA Model Rules · strict trust-accounting + annual Certificate of Compliance · discipline via Office of Disciplinary Counsel / Board on Professional Responsibility / Supreme Court.
12. CRIMINAL
MPC-influenced Criminal Code (Title 11) · death penalty abolished (2016) · duty to retreat outside the dwelling · MPC culpability terms (intentionally/knowingly/recklessly/negligently).
KEY FLAGS
① NON-UBE, own essays + ~5-mo clerkship · ② Court of Chancery equity court · ③ 20-yr sealed instruments, laches in equity · ④ no holographic wills; dynasty + asset-protection trusts (RAP abolished) · ⑤ pure race / 20-yr AP / judicial foreclosure · ⑥ 51% bar, joint & several retained, NO dram-shop · ⑦ DGCL mastery — entire fairness/MFW, §§ 102(b)(7) & 145 · ⑧ death penalty abolished.