7/11

Question 1

is the irresistible impulse test part of the m’naghten test?

Answer 1

no, they are different, so the irresistible impulse test does not apply to the mnaghten test

Question 2

mpc insanity

Answer 2

d suffers from mental disease/defect & therefore lacks subst capacity to:
- appreciate criminality of conduct, OR
- conform his conduct to the requirements of law

he should be acquitted

Question 3

are interlocutory orders final adjudications on the merits?

Answer 3

no

Question 4

are interlocutory orders appealable?

Answer 4

no, absent an exception (e.g., federal trial judge certifies order for appeal)

Question 5

may federal trial courts certify an order for an interlocutory appeal?

Answer 5

yes

Question 6

when may federal trial courts certify an order for an interlocutory appeal + example of when this might happen

Answer 6

1. order involves a controlling question of law abt which subst ground for difference of opinion exists, and
2. immediate appeal from order may materially advance termination of litigation

ex when this could happen: denial of summary judgment

Question 7

what is needed to reply to an answer (fcp)

Answer 7

permission from the court, i.e., a court order

Question 8

face-to-face rule (offer and acceptance)

Answer 8

an offer made during a face-to-face conversation terminates when the conversation ends

Question 9

third party standing example, french charter school

Answer 9

• state statute mandates core curriculum taught in english
• french charter school is immersion method
• parents and students will have difficulty asserting the claim b/c when it arises the school will have ceased to exist
• special relationship most likely exists b/c schools mission to educate parents’ kids
• fundamental privacy right of parents to choose kids’ education

Question 10

may a landowner give written permission to another person to act as an agent in the sale of land?

Answer 10

yes

Question 11

may congress set aside/override an administrative order of a cabinet member?

Answer 11

no, congress has no such power (i.e., they can’t legislatively grant power and also preserve power to override the decisionmaking capacity of the power granted)

Question 12

if congress wanted to reduce a cabinet member’s power, what would they have to do

Answer 12

pass a law reducing the power

Question 13

does the fact that a promisor should have expected the promisee to rely on a promise make the promise enforceable?

Answer 13

no, performance in reliance does

Question 14

how to tell if contract has formed if it looks like one promise may have come after the agreement

Answer 14

“in exchange for x”

Question 15

what is extreme and outrageous conduct

Answer 15

conduct beyond the bounds of decency

Question 16

is insulting language generally considered outrageous? Exceptions?

Answer 16

no, unless:
1. d is a common carrier or innkeeper, or
2. plaintiff has known sensitivities

Question 17

If devise doesn’t say “for life,” should you assume a life tenant?

Answer 17

no, a fee simple defeasible, therefore no duty to not commit waste

Question 18

does the fact that an activity causing a nuisance pre-existed the residents to whom it is a nuisance defend it from a nuisance claim?

Answer 18

no, just one factor in determination, can still be held liable

Question 19

one way to show something is not a public nuisance

Answer 19

almost no one is affected by it (~ it is not interfering with a right of the public at large)