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Bar Prep > 7/18 > Flashcards

7/18 Flashcards

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1
Q

felony murder flow chart theories

A
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2
Q

who is liable for assignments, LL-T

A
  • original tenant (privity of contracts)
  • assignee (privity of estate)
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3
Q

can a landlord reserve the right to restrict future assignments by expressly stating a waiver is a one-time occurrence?

A

yes

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4
Q

is there custody when a person comes to a police station in response to an invitation from police? Can that change?

A

no, unless a reasonable person would believe he’s not free to leave because of circumstances arising after he arrives

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5
Q

example of reason for which a purchaser could sue for breach of covenant of warranty after closing?

A

adverse possessor on land

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6
Q

Facial neutrality EPC analysis flow chart

A
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7
Q

Are rescuers applying medical aid covered by a physician-patient privilege (if one is recognized) if they are not medical personnel?

A

no

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8
Q

fcp 21 day deadlines

A

pleading related stuff (rule 12 (pleadings, pretrial motions, defenses); answer, withdraw)

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9
Q

fcp 28 day deadlines

A

post-judgment stuff (rjmol, new trial)

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10
Q

fcp 30 day deadlines

A
  • move things to other courts (appeal, remand, remove) or
  • waiver of service of process
  • discovery (interrogs, pretrial disclosures, msj after close)
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11
Q

fcp 60 day deadline

A

answer if waived service

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12
Q

fcp 90 day deadline

A

to serve after filing

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13
Q

fcp 14 day deadlines

A
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14
Q

may the defendant in a nuisance action be liable to the owner of a property who doesn’t possess it (i.e., there is a renter)

A

no, only to possessor

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15
Q

may a judge enter sanctions on their own motion if a show-cause order is not issued until after claims are settled or voluntarily dismissed?

A

no

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16
Q

what is an inverse condemnation?

A

government takes or damages property for public use without having brought an eminent domain proceeding (e.g., a regulatory taking)

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17
Q

equitable right of redemption v statutory right of redemption

A

equitable: between default and foreclosure sale
statutory: period of time after the sale

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18
Q

Burden to prove insanity in federal criminal case

A

clear and convincing evidence

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19
Q

defense of others, crim law: does transferred intent apply where a bystander reasonably but mistakenly tries to defend another person and ends up injuring an innocent bystander?

A

no; right to defend the person if reasonably appeared they had such right, actions excused

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20
Q

Can a mortgagee circumscribe the mortgagor’s right to redeem by disguising the transaction as an outright conveyance?

A

no

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21
Q

what will a deed intended for security be construed as?

A

a mortgage

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22
Q

for how long does the renting of a room (e.g., a hotel room) establish an expectation of privacy (4a)?

A

duration of the rental agreement

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23
Q

when an “original” and a copy are both authenticated but inconsistent, are they both entered into evidence? who determines credibility?

A
  • yes, duplicate admissible to same extent as original
  • credibility is a question of fact for jury to determine
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24
Q

if the owner or developer of a building breaches a construction contract, what is the builder’s standard measure of damages

A

amount of expected profit plus costs expended at time of breach

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25
Q

cross/counterclaims matrix

A
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26
Q

is a retrial following a defendant’s successful appeal a continuation of an earlier proceeding? i.e., does it constitute double jeopardy?

A

it IS a continuation, so it does NOT constitute double jeopardy

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27
Q

majority rule for conspiracy

A
  • can’t withdraw from the crime of “conspiracy”
  • can withdraw from other crimes committed in furtherance if (1) notify all other members, (2) within time for members of conspiracy to abort it
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27
Q

scrutiny of non-smoking law when applied to government employees both at work and home?

A

rbs; any infringement on right to privacy is incidental

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28
Q

for prior consistent statements to be admissible to rebut recent fabrication, when must they have been made

A

before the charged fabrication or improper motive arose

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29
Q

aside from when harmful/offensive touching reaches the plaintiff, when may the tort of battery be satisfied (i.e., what else can it touch, and what’s an example)

A
  • contact with something connected to plaintiff
  • ex: dog on a leash
30
Q

does facially explicit racial segregation in prisons violate epc, and pursuant to what level of scrutiny?

A
  • yes,
  • strict
31
Q

if you fail to mitigate another’s breach under contract law, what damages can you nonetheless recover?

A
  • what the cost of replacement would have been relative to the cost of the breached contact
32
Q

how to establish a land boundary by agreement

A
  1. show either the parties were uncertain/unaware of the correct location, or that a dispute as to the location existed b/w them
  2. show taking & relinquishing of possession by the parties to the agreed line

ex: neighbor wants to put up fence, neither party sure of exact boundary line, neighbor 2 acquiesces, they have set the new boundary

33
Q

are prepayment penalty clauses contained in mortgage instruments enforceable? why/why not?

A
  • yes
  • lender will lose an anticipated interest in the event that the mortgage principal is paid before the due date
34
Q

when is a vicarious statement admissible as an opposing party statement

A

when it
- was made during the existence of employment relationship, and
- within the scope of employment

35
Q

can taxpayers bring commerce clause suits?

A

no

36
Q

what must federal taxpayers allege to have standing to sue

A

(1) spending by congress
(2) violated the Establishment Clause

37
Q

a foreclosure sale ___ the mortgagor’s interest in the mortgaged real estate, and the mortgagee ___ foreclose a second time on the property

A

terminates; cannot

38
Q

may lay witnesses testify re: whether a person appears to be intoxicated?

A

yes

39
Q

are witnesses per se incompetent i they refuse to take an oath or affirmation?

A

yes

40
Q

are instructions hearsay?

A

no, non-assertive verbal conduct, used to prove an inference not establish the truth of the matter being asserted

41
Q

what must be pled with particularity (fcp)

A

fraud, mistake, condition of the mind

42
Q

do religious activities conducted in public schools violate the Establishment clause?

A

as a general rule, yes

43
Q

when is state substantive law used in federal court

A

where a procedure is not dictated by federal rule, statute, or constitutional provision, court engages a balancing test that will sometimes lead it to apply state procedures

44
Q

can an uncorroborated anonymous tip be used to justify the search of a suspect for weapons?

A

no

45
Q

if someone intends to shoot one man but shoots another because he mistakes him for the other man, is that transferred intent in tort?

A

no, purposeful intent; transferred intent would be if he hit the second man because he missed the first

46
Q

who bears the risk of loss in a building contract where the building is destroyed by a fire or act of god without either party, in the case where the building is
- partially constructed
- existing structure

A
  • builder
  • owner
47
Q

is a builder who promises to erect a building bound to do so even though the nearly completed structure is destroyed by forces beyond the builder’s control?

A

yes

48
Q

law that is applied for classifications of people where the actor is a state gov vs. the federal gov

A

state: 14A EPC
fed: 5A DPC

49
Q

liability where a builder is repairing or renovating an existing building and the structure is destroyed by forces beyond the builder’s control

A
  • building’s existence is regarded as an implied condition to agreement
  • destruction without fault discharges builder’s duty
50
Q

is a nolo contendere considered a conviction (in general, but we’re thinking about FRE here), and thus can it be used to impeach?

A

yes, yes

51
Q

what does an affirmative defense need/rely on

A

factual issues not presented in the complaint

52
Q

in a title theory state, when one joint tenant mortgages a property, what’s the result in terms of the interest with the other person and how much of the property is subjected to the mortgage

A
  • tenants in common
  • 1/2 of property subject to the mortgage
53
Q

can a court dismiss an action of its own accord per forum non conveniens

A

yes

54
Q

area claimed by adverse possessor under:
- claim of title
- color of title

A
  • claim: no more than what he actually occupies
  • color: the area described by the color of title (i.e., described on the instrument he may believe is effective)
55
Q

what is required to toll a statute of limitations for disability/imprisonment

A

disability/imprisonment must be in effect when the adverse possessor enters, i.e., the owner being imprisoned after the adverse possessor enters will not toll the period of adverse possession

55
Q

does the completeness doctrine require the introduction of potions of a statement that are neither relevant to, nor explanatory of, the admitted passages?

A

no

56
Q

what is required for the president to have authority to direct the actions of persons outside the executive branch

A

authorization by an act of congress

57
Q

how is a temporary restraining order different from a preliminary injunction / what does a PI require that TRO does not

A
  • can be issued without notice if (1) harm before opposition can be heard and (2) attorney certifies in writing why notice should not be given
  • expire after 14 days issuance, can be extended for 14 more upon good cause shown

PI requires notice, tro does not necessarily require notice

58
Q

aleatory condition

A

contracts, a condition outside of one’s control

59
Q

accord & satisfaction v. modification flow chart

A
60
Q

keyword for both compulsory claims and res judicata

A

same transaction or occurrence

61
Q

if a farmer who contracted to sell crops to be grown on designated land loses crops, when may he be excused because of a failure of a specific crop?

A
  • destruction of identified goods, or
  • failure of a basic assumption in the contract
62
Q

unforeseen contingency contract defenses flow chart

A
63
Q

when an equitable division/partition of property is not possible, a majority of states permit___

A

a sale and division of the proceeds

64
Q

a majority of jurisdictions treat judgment creditors as protected in full (i.e., against all unrecorded interests subject to the recording act) only if_____

A

they purchase the debtor’s property at a judicial sale

65
Q

what is required for the statute of frauds to not apply to a sale of goods >= $500

A

payment made and accepted, i.e., delivery of nonconforming goods insufficient

66
Q

what can a party receiving interrogatories do when information requested requires analyzing information and the analysis would take a similar amount of time for either party

A
  1. specify which of its records contain the info +
  2. grant the requesting party access to the records for examination, copying, and analysis
67
Q

tort special relationships that impose a duty

A
  1. common carrier passengers
  2. innkeeper guests
  3. employer-employees
  4. school-pupils
  5. jailer-prisoners
  6. landlord-tenants
  7. hospitals & psychotherapists in charge of dangerous mental patients
68
Q

is a train platform a nonpublic forum for time, place, manner restriction purposes?

A

yes; only needs to be viewpoint neutral & rbs

69
Q

graphic: four mortgages, second forecloses, foreclosure sale makes enough to satisfy mortgage 2 and part of mortgage 3, how do things look?

A
70
Q

continuing trespass larceny

A
  • trespassory taking
  • of another’s property
  • intent to deprive temporarily
  • later changes mind and decides to deprive indefinitely
71
Q

nonfinal orders eligible for immediate (i.e., interlocutory) appeal

A
  • venue
  • injunctions
  • personal jurisdiction
  • right to immediate possession of property
  • class certification
  • arbitration entitlement
  • worker’s comp immunity
  • qualified immunity

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