7/12

Question 1

does a tenancy by the entirety arise subsequent to marriage when conveyance of property creating a joint tenancy was made prior to marriage?

Answer 1

no; fifth unity of tbte is “unity of person”

Question 2

can one tenant by the entirety unilaterally sever tenancy?

Answer 2

no

Question 3

Are courts reluctant to recognize an ownership scheme that binds future land owners with payments over an indeterminate period?

Answer 3

yes

Question 4

What happens if a provision of a conveyance violates RAP

Answer 4

analyze as if it doesn’t exist but the rest does, because that one provision is void

Question 5

what happens to priority when a senior mortgage or the obligation it secures is modified by the parties?

Answer 5

mortgage retains priority as modified (i.e., with modification included in original priority; relates back, if you like), UNLESS it materially prejudices holders of such junior interests

Question 6

is the following language sufficient to create an express easement? “the baker, his heirs, and assigns shall have the use of the dirt road running along the western border of Ranch B for ingress and egress to Ranch A”?

Answer 6

Yes

Question 7

diff b/w easement by prescription and adverse possession

Answer 7

easement by prescription where:
(1) land only used, not built on, or
(2) possession not exclusive of others

Question 8

what does someone trying to enforce an implied reciprocal servitude need to show

Answer 8

(1) common plan or scheme of development, AND
(2) party to be bound had notice of restriction

Question 9

does a change in zoning which occurs b/w formation of contract but before escrow closing affect marketability of title?

Answer 9

no

Question 10

if (1) father deeds property to son but retains life estate, (2) son fraudulently changes deed to make it look like he owns, (3) son mortgages property based on fraudulent deed, and (4) mortgagee tries to foreclose, what is the nature of the sale that mortgagee can make and why

Answer 10

sale subject to father’s life estate b/c son can only mortgage the property interest he owned, and he only owned a remainder in the property; mortgage cannot extinguish father’s life estate

~ bank takes son’s title (remainder interest) to property

Question 11

what may heirs or devisees do when the purchaser in a real estate sales contract dies after formation but before closing?

Answer 11

compel vendor to proceed with transaction, via judgment for specific performance if necessary

Question 12

Absent what does police extension of a traffic stop in order to conduct a dog sniff violate Constitution’s shield against unreasonable seizures?

Answer 12

absent reasonable suspicion

Question 13

what does shipment of nonconforming goods with notice of accommodation NOT constitute? what does it constitute?

Answer 13

NOT: acceptance and breach
DOES: counteroffer

Question 14

what if shipment of nonconforming goods with notice of accommodation happens AFTER letter of acceptance?

Answer 14

notice of accommodation is ineffective, it’s a breach

Question 15

May a person use force to recover property taken under a claim of right (e.g., repo man)?

Answer 15

no

Question 16

if a question is asking about a fundamental right and doesn’t include 14A DPC but does include 14A EPC, what do you pick?

Answer 16

14A EPC

Question 17

does intentional infliction of emotional distress have to be directed at (i.e., intended for) the person who claims it?

Answer 17

no, so long as the elements of the tort are satisfied (intentional/reckless, extreme/outrageous conduct, severe emotional distress)

Question 18

what price does buyer pay for nonconforming/replacement goods that he accepts in place of what was contracted for?

Answer 18

contract price

Question 19

when may the US supreme court take a state case decided on both state and federal grounds

Answer 19

when it is not apparent that the state court’s judgment was settled based on a state court interpretation of state law precedent or the state constitution

i.e.,

if there’s a notion it might not have been

can also ask for clarification

Question 20

example of consequential damages (bacon)

Answer 20

• $500 for 100 lbs of bacon for blts
• 50 delivered
• no other bacon source
• blts sold out almost immediately
• lost ~$1k in profits due to missing 50 pounds
• buyer can recover $1,250 -> $250 for the 50 lbs not delivered, $1k for lost profit consequential damages

Question 21

does the erie doctrine apply to federal question claims?

Answer 21

no, only diversity and supplemental

Question 22

can a party make inconsistent claims?

Answer 22

yes, court will allow to be determined by the trier of facts

Question 23

judicial foreclosure sale requirements

Answer 23

(1) open to the public
(2) properly noticed
(3) conducted in a reasonable manner (usually dictated by statute)
(4) result in a “fair” sale price

Question 24

injurious falsehood (tort)

Answer 24

v - false statement made to another by d
i - intent to economically damage p
c - causes
r - economic injury to p

Question 25

when can a private contract be modified by legislature? (e.g., drinking age 18, 19yo buys keg to be delivered, before delivery statute raises the drinking age to 21)

Answer 25

when
(1) necessary to serve an important and legitimate public interest
(2) reg is a reasonable and narrowly tailored means

Question 26

can evidence of plea negotiations involving a witness (i.e., not a defendant) be introduced at trial of defendant?

Answer 26

yes

Question 27

can a contract that is divisible into legal and illegal parts have the legal part enforced? when won’t “legal” parts be enforced

Answer 27

yes, but won’t be considered legal if it is an integral part of the illegal transaction

Question 28

when are general damages presumed in defamation actions?

Answer 28

if there occurred non-pecuniary injury to reputation (injury, loss of friends)

Question 29

can congress regulate to promote the general welfare? what is the implication for the spending power?

Answer 29

no, only spend; if the spending is conditioned, i.e., for regulatory purposes, cannot be for “general welfare,” has to be reasonably related to the goal of the spending program

Question 30

absent consent or exigent circumstances, what do the police need to execute a warrant for a named individual in the home of another (i.e., third) person

Answer 30

a search warrant for that home

Question 31

if an opponent objects to the accuracy of a witness’s firsthand account, when may the judge nonetheless admit the testimony

Answer 31

if she finds there is sufficient evidence for the jury to reasonably conclude the witness has firsthand knowledge

Question 32

how is personal jurisdiction for quasi-in-rem satisfied

Answer 32

due process standard applicable to pj (min contacts)

Question 33

shelter rule: a bona fide purchaser protected by the recording statute gives title to a subsequent purchaser…

Answer 33

…free of encumbrances

Question 34

does the shelter rule apply even if the subsequent purchaser has actual, constructive, or inquiry notice?

example?

Answer 34

yes.

• unrecorded underground gas-line easement on property
• a sells to b, who is a bfp without notice of easement (unenforceable against him)
• b sells to c, who worked on the construction of the gas-line easement (actual notice)
• c takes free of the easement even though he had notice, because he is sheltered by b

Question 35

present covenants in a warranty deed are considered ____ and do not ____

Answer 35

personal; run with the land