7/25

Question 1

expectation interest: ___ measurement of damages in boc cases, what they’re designed to do + flow chart

Answer 1

• proper measurement of damages in boc cases
• designed to put the aggrieved party in the position he would be in if the other party had fully and properly fulfilled the contract terms

Question 2

to what extent does a payment by one person in compensation for a tort claim diminish the claims against other liable tortfeasors?

Answer 2

the payment made, i.e., if the damage of a tort is $25k and a plaintiff settles with a tortfeasor for $12.5k and doesn’t release other tortfeasors, can still recover $12.5k from other tortfeasors

Question 3

is parol evidence admissible to show that a deed appearing absolute on its face was intended as a security device?

Answer 3

yes

Question 4

does a passenger in a car have standing to object to the seizure of a vehicle? why/why not?

Answer 4

yes; when the car is seized, all occupants are considered seized

Question 5

does a d have a reasonable expectation of privacy in curtilage? what is the implication wrt the police?

Answer 5

yes; police cannot observe criminal behavior from curtilage and use that as a pretense to demand entry into the residency

Question 5

can a court unilaterally impose sanctions without affording the party to be sanctioned an opportunity to be heard?

Answer 5

no

Question 6

where can a defendant move to federal court where there is no diversity and the face of the complaint nominally doesn’t raise a federal issue + example

Answer 6

where the entire field has been preempted by congress

ex: labor relations, NLRA

Question 7

if a jury demand is made for a claim with an equitable basis, can it be withdrawn even if the other party does not consent?

Answer 7

NO, a jury trial demand cannot be withdrawn without the consent of both parties

Question 8

is a defendant knowing its actions, done in one state, will harm a plaintiff in another state sufficient alone to create personal jurisdiction?

Answer 8

no, still need minimum contacts with the state

Question 9

did traditional common law require the victim to resist force?

Answer 9

yes

Question 10

parol evidence, “contemporaneous” graph

Answer 10

Question 11

what is the president’s privilege to refuse to disclose info related to military, diplomatic, or sensitive national security secrets?

Answer 11

aboslute

Question 12

lost volume seller

Answer 12

supplier of goods available outstrips demand (i.e., could have sold more but for breach)

Question 13

does delivery of something representative or symbolic of an intangible right satisfy the delivery requirement for gratuitous assignments to become irrevocable?

Answer 13

yes

Question 14

aggravated battery

Answer 14

battery done with a deadly weapon

Question 15

does a non-judicial foreclosure require a fair price or a public sale?

Answer 15

no!

Question 16

does trespass to chattels require actual harm? how will you know if there is actual harm?

Answer 16

yes; the fact pattern will tell you

Question 17

restrictions on speech in public schools considered what kind of restriction

Answer 17

time, place, manner

Question 18

when are private actors bound by epc (4)

Answer 18

1. traditional public function
2. judicial enforcement of private contract
3. sufficient entanglement b/w state and private actor’s activity
4. state is encouraging actor to engage in private discrimination.

Question 19

who do psychiatrists have a duty to warn about threats by their patients (torts); who not?

Answer 19

specific persons; the general public

Question 20

when are mental anguish damages recoverable (torts)

Answer 20

when its accompanied by a physical injury or manifestation (e.g., insomnia, anxiety, rapid breathing, nausea, muscle tension, sweating, etc.)

Question 21

in addition to it being the “legal” cause and foreseeability + directness and superseding causes, what should you discuss when you discuss proximate cause

Answer 21

zone of danger

Question 22

domestic-relations exception to federal jurisdiction

Answer 22

prohibits federal courts from hearing cases involving family-law questions within the traditional authority of the states (parentage, etc.)

Question 23

vicarious liability v. respondeat superior flow chart

Answer 23

Question 24

facial neutrality epc analysis flow chart

Answer 24

Question 25

Miranda timeline + can officers proceed with interrogation flow chart

Answer 25

Question 26

conspiracy flow chart (cl v mpc)

Answer 26

Question 27

does questioning violate 6A flow chart

Answer 27

Question 28

property waste flow chart

Answer 28

Question 29

mod v accord and satisfaction flow chart

Answer 29

Question 30

delegation liability flow chart contracts

Answer 30

Question 31

cross/counterclaims diagram

Answer 31

Question 32

evidence admissibility flow chart

Answer 32