ADAPTIBAR - Missed Qs

Question 1

Constitutional Law

Answer 1

The Supreme Court of the US will only hear a case from a state court judgement on FEDERAL GROUNDS. It will not review a decision by a state supreme court when that decision rests upon an independent and adequate state ground.

The Court will refuse jurisdiction if it finds adequate and independent nonfederal grounds to support the state decision.

The nonfederal grounds must be adequate so that they are fully dispositive of the case. This way, even if the federal grounds are wrongfully decided, it would not affect the outcome of the state.

Question 2

Real Property

Rule Against Perpetuitites

Answer 2

No interest is good unless it must vest, if at all, no later than 21 years after some life in being at the creation of the interest.

If RAP applies, only specific clauses that violate will be removed or subjected to the “wait and see doctrine”, depending on jurisdiction. The harsh rule of completely striking an entire bequest is not generally followed in American jurisdictions.

Vested interests are NOT subject to RAP. Interests are vested if there is no condition attached which must be satisfied; the holder of the vested remainder has a present or certain right to take prosssession of the property when the prior estates termianted.

Question 3

Real Property

Restraints on Alienation (3)

Answer 3

Disabling Restraints
Under which any attenmpted transfer is ineffective.

Forfeiture Restraints
Under which an attempted transfer results in a forfeiture of the interest

Promissory Restraints
under which an attempted transfer breaches a covenant

FOrefieture and Promisorry restraints on legal life estate are valid as a practical matter because few would be willing to pay full value for an estate of uncertain duration.

Disabling restrations on legal life estates are VOID.

Question 4

Real Property

Equitable Servitudes v. Real Covenant

Answer 4

An injunction is sought – > equitable servitude

Money damages are sought –> possible real covenant

Question 5

Real Property

Equitable Servitudes

Answer 5

3 Elements Must Be Met for An Equitable Servitude to Run w Land

(1) Intent for it to run w the land
(2) Notice - Actual, Inquiry or Record
(3) Covenant “Touches and Concerns” the land

*** A covenant not to compete is considered a covenant that c”touches and concerns” the land

Question 6

Real Property

Parol Evidence Rule

Answer 6

Parol Evidence rule bars extrinsic evidence of a prior agreement either whether the prior agreement contradicts the terms of the final written agreement or where the prior agreement purports to add to a completely integrated agreement (i.e., one that is intended by the parties to be both the final and exclusive manifestation of the parties’ understanding).

EXCEPTION: where the extrinsic evidence is offered to prove the existence of a condition precedent to the written agreement

Question 7

Constitutional Law

COmmerce Clause

Answer 7

4 Categories of activities which congress can constitutionally regulate under the commerce clause:

(1) channels of interstate commerce
(2) instrumentalities of interstate commerce
(3) articles moving in interstate commerce
and
(4) activities having a substantial effect on interstate commerce

Question 8

Constitutional Law

13th Amendment

Answer 8

Abolishes Slavery

Congress has the power under the 13th amendment to eradicate the badges and incidents of slavery and discrimination against black persons in business transactions - a badge and incident of slavery

Congress may regulate private action in general here.

Question 9

Constitutional Law

General Welfare / Spending Power

Answer 9

Congress has the power to enact laws to PROMOTE general welfare in connection with its SPENDING POWER (only)

Spending power does NOT give congress the power to exercise executive branch powers.

GWC is not an independent source of legislative power, but rather a qualification on the spending power

Question 10

Constitutional Law

Reasonable Expectation of Privacy in Bank Account Records?

Answer 10

NONE

SC has held that a person had no reasonable exception of privacy in the bank records of their account

Question 11

Constitutional Law

15th Amendment

Answer 11

Voting Rights

The right to vote shall not be abridged on the basis of race or color

Question 12

Constitutional Law

14th Amendment

Answer 12

Gives Congress the power to remedy violations of individual rights by the government, but only as those rights have been defined by the courts.

14th Amendment only applies to private action in LIMITED situations –Private bias – wheh the function being perforemd is a traditional and exclusive public function or when there is significant state involvement

How to prove intent by the government to discriminate:
(i) fascial discrimination
(ii) dscriminatory application
(iii) discriminatory motive
A discriminatory motive can be shown by demonstration 2 elections (1) a statute will have a disproportionate impact on a protected class and (ii) the statute is a product of a discriminatory purpose

Question 13

Constitutional Law

Non Mutual (Offensive) Collateral Estoppel PROHIBITED

Answer 13

NMCE PROHIBITED. Cannot assert NMCE against party who did not participate (themselves or their privy) in the prior litigation.

Example:

(Defensive)
C. Same D, different Ps
P1 v D (alleging securities fraud)
D wins (no fraud)
P2 v D (alleging same securities fraud)
D asserts CE defensively against P2
Not possible b/c P2 didn’t litigate issue in suit 1, can’t be estopped (unless in privy with P1).

(offensive)
Example: 
D. Same P, different Ds
P v D1 (alleging securities fraud)
P wins (it was securities fraud)
P v D2 (alleging same securities fraud)
P asserts CE offensively against D2
Not possible b/c D2 didn’t litigate issue in suit 1, can’t be estopped (unless in privy with D1).

Question 14

Constitutional Law

Non Mutual (Offensive) Collateral Estoppel - MAYBE OK

Answer 14

NMCE MIGHT BE OK. Court may be able to permit NMCE b/c asserted against party who lost on issue in prior litigation.

(defensive) 
A. Same P, different Ds
P v D1 (alleging securities fraud)
D1 wins (no fraud)
P v D2 (alleging same securities fraud)
D2 asserts CE defensively against P
Like Blonder-Tongue.  P litigated & lost issue in suit 1.  Court might be able to permit.

Example

(offensive)
B. Same D, different Ps
P1 v D (alleging securities fraud)
P1 wins (it was securities fraud)
P2 v D (alleging same securities fraud)
P2 asserts CE offensively against D
Like Parklane.  D litigated and lost issue in suit 1.  Court might be able to permit.

Question 15

Contracts

Offer / Acceptance Mailbox Rule

Answer 15

Unless the offer is an option, the offeror may revoke an offer at any time before the offer has been accepted.

Under the mailbox rule, unless the offer specifies otherwise, notice of acceptance is effective upon dispatch in the mail if a mailed acceptance is invited by the terms of the offer.

Revocation after the acceptance is not enough to terminate a contract

An offer for “prompt shipment” can only be accepted by prompt shipment of goods

Question 16

Civil Procedure

Appealability and Review

Standards of Review

Answer 16

Abuse of Discretion
Evidence is irrelevant or highly prejudicition and should be excluded is within the trial courts discretion because it requires an understanding of the entire case and the facttual context in which the evidence is being offered.

Eorrneous
Applied when reviewing findings of fact made by he trial court in a bench trial. Does not apply to judicial rulings on the admissibility of evidence in a jury truly

De Novo
Applied on issues of law

Harmless Error
Applied when it is determined that a trial courts erroneous admission of evidence did not affect any party’s substantial right . it is a conclusion an appellate court reaches are reviewing and determine the impact of than erroneously evidentiary ruling – the the standard of review that the court applies to determine whether it was erroneous to admit the evidence in the first instance

Question 17

Civ Pro

Jury Trials

Answer 17

When a party objects to an instruction, the party must distinctly state the matter objected to and grounds for the objection. A party’s objection must aid the court in determine whether the instruction is improper and how a defect can be cured.

Question 18

Constitutional Law

Forum selection Clauses

Answer 18

No Federal Law gives automatic effect to forum selection clauses

Federal courts can weigh all factors including the presence of a forum selection clause, when deciding a motion to transfer under the federal transfer statute. This is true even when the lawsuit is based on diversity jurisdiction

Question 19

Constitutional Law

Appointments Clause Article II

Answer 19

Members of federal boards must be appointed in a manner consistent with the appointmnets clause of article iii. they must be appointed in this manner because they are members of the executive branch.

Congress may NOT appoint members of an executive branch agency (one with admin or eforcement powers since enforcement is an executive power). It can create the agency, but appointment of its leaders must comport with article IiI, concerning the executive branch

Question 20

Constitutional Law

Necessary and Property Clause

Answer 20

Does not allow Congress to exercise executive branch powers

Question 21

Constitutional Law

Obligations of Contracts Clause

Answer 21

Prohibits the government from legislatively impairing existing contracts

Question 22

Criminal Law

Larceny

Answer 22

The unlawful taking and carrying away of another’s property, without owner’s consent, with the intent to permanently deprive them of ownership

the smallest asportation is enough to justify the carrying away requirement

Attempted larceny will merge into larceny when completed.

Question 23

Contracts

Substantial Performance

Answer 23

Substantial performance is not applicable where performance is subject to an express condition

Question 24

Contracts

Irrevocable Waiver of Condition

Answer 24

The nonoccurance of an express condition will discharge the contractual obligation of a party who is subject to the condition, UNLESS the nonoccurance of the condition has been waived by that party. Once the waiver has been given, it CANNOT BE REVOKED where it is made after the time for the fulfillment of the condition has passed or whether the other party has relied on the waiver.

Question 25

Evidence

Answer 25

Evidence of other crimes, wrongs or acts is o admissible to prove the character of a person in order to show action therewith. HOWEVER, evidence of oter crimes can be admitted to show opportunity, plan, intent, preparation.

Question 26

Real Property Titles Dead Buyer

Answer 26

Deeds must be in writing, signed by the grantor, and adequately ID the parties and the land. In order for a deed to be valid, it must correctly identify of the parties, and it is void if it fails to do so. If the grantee listed on the deed is dead at the time teh deed is delivered, the deed is deemed not to identify the parties correctly, and therefore to be void.

Question 27

Constitutional Law Power to Conduct Foreign Affairs

Answer 27

Extends to appoitning and receiving ambassadors, but not controlling state actions to protect them

Question 28

Real property Vested Remainder

Answer 28

Vested interests are NOT subject to RAP. Interests are vested if there is no condition attached which must be satisfied; the holder of the vested remainder has a present or certain right to take prosssession of the property when the prior estates termianted. a Remainder is vested if it is created in a born or ascertained person and is not subject to a condition precedent.

Question 29

Constitutional Law Article I

Answer 29

Congress has the power to create special Courts under Article 1, and the judges for those courts do NOT have the protections of Article III, such as life tenure and the guarantee of no reduction of salary

Question 30

Contracts Lost Profit Damamges

Answer 30

To recover lost profit damages, the plaintiff must prove that the losses suffered were SUBSTANTIALLY CERTAIN and not simply speculative. Cerrtainty, NOT FORESEEABILITY is the proper limited test in this situation

Question 31

Contracts Impracticability -- delay or non-delivery by seller

Answer 31

Delay or not delivery by seller is NOT a breach of contract of sale where performance has been made impracticable by the occurance of an event the non-occurance of which was a basic assumption of the congract. Excuse on grounds of impracticability will NOT be available, however, if the event in question was sufficiently foreshadowed so as to fairly be viweed as part of the rissk that the seller assumed when enterting the contract. This test for excuse on grounds for impracticaiblity focuses on not whether performance is impossible but whether on the party seeking excuse should be found to bear the risk of the event that renders perforamnce impractiable

Question 32

Civil Pro Motions Failure to State a Claim

Answer 32

Must plead a sufficient statement of the facts shwoing that you are entittled to reelief by pleading the elements or sufficient facts from which those elements may be inferred Complaint Must contain: (i) a short statement of the grounds for the courts jurisdiction (ii) a short statement of the rounds that show the pleader is enttitled to relief and (iii) a demand for the judgment for relief

Question 33

Evidence Privilege Spousal Immunity

Answer 33

A married person may NOT be COMPELLED to tesify against their spouse in any CRIMINAL proceeding. Only the witness spouse holds this privilege. ONE spouse MAY choose to testify against the other in criminal cases, with or without the consent of the party-spouse, but the witness may NOT be compelled to testify. This immunity may only be asserted during the marriage and terminates upon divorce. Spouse immunity applies to events that took place before the marriage, as long as the marraige still exists at the time the testimoney is sought

Question 34

Evidence Privilege Privilege for Confidential Marital Communications

Answer 34

Civil or Criminal Either spouse has a privilege to refuse to disclose AND to prevent the other spouse from disclosing confidential communications made between the spouses WHILE THEY WERE MARRIED. BOTH spouses hold the privilege. A spouse in a court proceeding can either refuse totestifoy about confidential maritable communication or prevent their spouse from disclosing such communications. The communication MUST HAVE BEEN MADE DURING A VALID MARRIAGE, but divorce does NOT terminate privilege retroactively. Further, the communication must have been based on the intimacy of the marital relatiosnhip. Routine business exchagnes, for example, would not be covered by this privilege.

Question 35

real Property Contingent Remainder

Answer 35

A remainder is contingent if there is a condition precedent that must be satisfied before the interest will vest

Question 36

Contracts Third Party Rights Incidental Third Party Beneficiary

Answer 36

An incidental beneficiary is one who fortuitously and incidentally anticipates a benefit resulting from a transaction between others

Question 37

Contracts Third Party Rights Intended Third Party Beneficiary

Answer 37

To recover as intended TPD, must have knowledge of its rights under the conttract. without knowledge, there could be no justifiable reliance or assent so the right to payment under th contract had not vested The rights of a third party b to a contract may not be modified or discharged after the beneficiarys rights vest. the B's rights will best if she releis on the promise or manifests assent to the promiseat the request o the promisor or promisee. __________________ A third party acquires standing to enforce a promise only if that party is an INTENDED beneficiary of the promise. the promisor and promisee retain the power to modify or discharge a duty owed to an intended beneficiary until the beneficiary brights vest. The beneficiary's rights will vest if he manifests assent to or materially changes his position in justifiable release on the promise BEFORE receiving notice of the discharge.

Question 38

Contracts Formation Rescind

Answer 38

A contract may be rescinded on grounds of mutual mistake where the mistake relates to a fundamental assumption of the contract that has a material effect on the exchange, and where the party seeking rescission is found by the court not to bear the risk of mistake

Question 39

Evidence Hadnwriting authentication by lay witness

Answer 39

A lay witness can offer an opinion to identify and authetnicate the handwriting, the familiarity with the handwriting must have NOT been acquired for purposes of the litigation. A non-expert who familiarized himself with the defendants signature in prep for trial is not allowed, under the rules of evidence, to authenticate the defendant's signature

Question 40

Real Property Mortagages Subject To Language

Answer 40

The mortgagor of a property is free to transfer title to that property BUT (1) the mortgagor remains personally liable on the mortgage and (2) all subsequent grantees take the property subject to the mortgage Further, subsequent grantees do NOT become personally liable on the mortgage unless they EXPLICITLY ASSUME THE MORTGAGE. Therefore, the mortgagor will always remain personally liable on the mortgage, and all subsequent grantees who assume the mortgage will be personally liable on it, and all subsequent grantees (whether they assume the mortgage or not) can lose the property through foreclosure if the mortgage is not paid.

Question 41

Real Property COntracts Latent Defects

Answer 41

With regards to defects on a property, sellers are required to disclose all KNOWN defects that will not be open and obvious to a buyer and are prohibited from concealing such defects in any way.

Question 42

Real Property COntracts Implied Warranty of Habilitability or Fitness for particupar purposes

Answer 42

APPLIES ONLY TO NEW CONSTRUCTION BEIING SOLD BY DEVELOPER / BUILDER

Question 43

Subsequent oral modification clause of SERVICES CONTRACT OK

Answer 43

Under common law, c ontract provision stating that all future moditifcations must be made in writing is not an effective bar to subsequent oral modification

Question 44

COTNRACTS Consideration

Answer 44

Generally the perforamnce of a preexisting legal duty is not valid cosnideration. But if there is an honest dispute about the legal duty owed, the compromise would be exempt from the consideration requirement and thus a valid modification

Question 45

TORTS negligence Pure Comparative Negligence

Answer 45

plaintiff may recover his full amount of damages less the portion attributed to his own negligence

Question 46

REAL PROPERTY Private Nuisance

Answer 46

A private nuisance is an unreasonable and substantial inerference with a landowners use and enjoyment of his land factors: (1) character of the locality; (2) the nature, extent and frequency of the harm and (3) the utility and social value of the activity involved

Question 47

Con Law Privileges and Immunities Clause (14th Amendment)

Answer 47

Prohibits STATES from denying citizens rights and immunities of national citizenship (right to travel, right to vote for federal officials etc). Doesn't apply to federal statutes --- ONLY STATE STATUTES

Question 48

Con Law Article I Section 8 -Constitution

Answer 48

Gives congress the power to not only declare war and raise armies, but to also make rules for the regulation of the armed forces

Question 49

Torts Licensee

Answer 49

Social Guest

Question 50

Torts Invitee

Answer 50

Commercial transaction where the invitation is implied ($$$$) An invitee enters a property with the property owner's (or controllers) knowledgea nd for their mutual benefit. Examples: Slip and Injury at Restaurant / store/ hotel (invitor /invitee) A PROPERTY OWNER OWES THE HIGHEST LEVEL OF CARE TO THE INVITEE The property owners/business has a duty to make reasonable inspection with respect to invitees and a duty to warn of or repair known hazards on the premises. Duty appliess to defects that are (i) known to the business, (ii) dangerous and (iii) non-obvious to the invitee. Liability may be abated if the invitee becomes a trespasser by entering an area that was restricted and off limits to visitors. However, an owner still has the duty to war a discovered trespasser of a peril known to the owner. Also owes the invitee a duty to protect the invitee from reasonable risks that he or she is aware of and foreseeable risk that could be identified after reasonable inspection. Duty to make conditions on its premises (indoors and outdoors ) reasonably safe ; to conduct active operations with reasoanble care for the presence of invitees and under limited circumstances, to use reasonable care to protect its customers against foreseeable harmful/criminal acts of third persons or animals.

Question 51

Con Law Bill of Attainder

Answer 51

LEgislatively imposed punishment

Question 52

Con Law Ex post facto law

Answer 52

Makes illegal something that was legal when it was done

Question 53

Torts Defamation

Answer 53

Must Prove: The defendant was at fault: That the information was false and defamatory communication about the plaintiff, published to a third person who understood it was defamatory and which, as a result, caused harm to the plaintiff.

Question 54

Torts Slander (verbal defamation)

Answer 54

the plaintiff must plead and prove special damages (pecuniary) 4 exceptions which do not require special damages include if the defeendant made allegations regarding (i) criminal activit, misconduct regarding the plaintiffs occupation, (iii) sexual misconduct or (iv) plaintiff have a loathsome disease.

Question 55

Contracts Misrepresentation

Answer 55

A plaintiff will succeed on a claim based on misrepresentation when: (i) a rep was make (ii) the rep was false (iii) that when made the def knew that the rep was false or that the statement was made recklessly without knowledge of the truth (iv) the fraud misrep was made with the intention that the plaintiff would rely on it (v) the plaintiff did rely on the fraud misrep (vi) the plaintiff suffered harm as a result o the fraud misrep

Question 56

Contracts Pre-inspection payment

Answer 56

If the contract requires payment before inspection, payment does not constitute acceptance or impair a buyers right to inspect or any of the buyers remedies

Question 57

Evidence Character

Answer 57

Civil cases Only where character is directly at issue or Criminal cases, generally, once the defendant has opened the door by offering evidence of his character, the prosecution may rebut with character evidence show the opposite

Question 58

Conctracts Equitable Conversion

Answer 58

In a real property conveyance, the doctrine of equitable concersion dictates that if a seller dies after a contract has been formed but before it has been completed, the affected real property will pass to the taker of the seller's real property. Subsequently, at closing, the property must be conveyed to the buyer, after which the proceeds from the sale will pass to the taker of the seller's PERSONAL PROPERTY (NOT REAL PROPERTY -- there is no real property left to devise)

Question 59

Con law Time Place manner Restriction on Free Speech

Answer 59

Test: Whether the restriction is designed to serve a substantial governmental interest in aw ay that does not unreasonably limit alternative avenues of communicoatn

Question 60

Torts negligence

Answer 60

A parent or legal guardian has a duty to exercise reasonable care to supervise the conudct of his or her minor child. however, this principle does NOT make the parent vicariously liable for the child's torts. Instead, it constitutes DIRECT negligence by the parent not to use reasonable care in controlling the child where the parent has the ability to control the child AND knows or should have known of the risk being posed by the child's conduct. Liability is generally limited to specific types of actions that were forseeable by the custodian.

Question 61

Criminal Law Entrapment (Affirmative defense)

Answer 61

Once defendant raises an entrapemtn defence, the prosecution, in rebuttal is allowed to introduce prior related convicrtins as substantive evdience to disprove the entrapemtn defense by showing the defendants willingness to commit the crime State is permitted to shift the burden of proof of an affirmative defense to the defendant without violating due process

Question 62

Con law Chruch / Secular Grants

Answer 62

Aid to a church operated school is valid as long as it (i) has a secular purpose (ii) has a primary effect that neither advances nor nihinits religion (iii) does not produce excessive government entanglement with religion

Question 63

Torts Negligence Pure Comparative Negligence

Answer 63

Allows recovery by the plaintiff for all damages not attributed to his own negligence

Question 64

Torts Negligence Joint and Several Liability

Answer 64

Defendands are each liable for the entire award and P can collect the fullw amount from either ddefendant or both as long as the total equals what he is entiteld to

Question 65

Real Property / Contracts What is relevant if buyer wants to get out of sale of land contract?

Answer 65

Statute of Frauds - always relevant to land sale contracts, as it required that all such cotntracts must be in writing Time of the essence clause - where a sale contract indicates time is of the essence, failure to perofrm on the schedule clsoing date negates the failing partys right to enforce the contract at a later date Parole evidence- may introduce to show one's duty of performance excused by the failure of a condition precedent Specific Performance - one of the 2 relements (other being damages) avaialbl to the buyer if the seller attemtps to get out of the contract

Question 66

Contracts Formation of COntracts Unilateral Contracts

Answer 66

An offer for a unilateral contract is one that seeks only performance and does not seek a return promise as the means of acceptance Under the modern view, most contracts are considered bilateral with 2 exceptions: (i) the offeror clearly indicates that completion of performance is the only manner of acceptance OR (ii) the offer is made to the public, such as a reward or contest offer.

Question 67

Crim Law Attempt

Answer 67

To attempt to commit a crime, one must have the intent that the crime be committed and take a substantial step towards its completion (factual impossibility not a defense because it doesnt negate the intent)

Question 68

Crim Law Homicide Felony Murder

Answer 68

Courts are split regarding whether a defendant is liable for felony murder when an innocent party is killed by a third party. Under the "proximate cause theory" a defendant can be liable for the death of an innocent party caused by a third party, because the defendant started the series ofe vents which caused the death Under an "agency theory" the defendant will not be found liable for felony murder of an innocent party when the killing was committed by the defendant or an accomplice

Question 69

CONTRACTS Formation of Contracts Merchants Firm Offer Rule

Answer 69

UCCs firm offer -- an offer by a merchants contained in a signed writing which by its terms gives assurance that it is firm will be irrevocable notwithstanding lack of consideration for the time stated in the offer (if less than 3 months). A merchant is a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction.

Question 70

TORTS Negligence

Answer 70

Duty Breach Causation Damages It is not a dignatory tort if the plaintiff did not suffer an actual injury he cannot prevail in an action for negligence against his doctor

Question 71

CONTRACTS FOrmation

Answer 71

Under the UCC, an order to buy goods "for prompt shipment" is interpreted as invited acceptance either by a prompt promise to ship or by a prompt shipment of conforming or nonconforming goods. Where the goods delivered fail to conform to the contract, the buyer may reject the goods if the rejection is made within a reasonable time after delivery. twhen the buye

Question 72

Real Property Titles Valid Deed REquirements

Answer 72

A valid deed must satisfy the statute of frauds and include all the necessary terms: (i) identity of the grantor and grantee (ii) words of transfer (iii) a description of the property interested being transferred and (iv) grantors signature CONSIDERATION IS NOT REQUIRED BECAUSE A DEED IS DIFFERENT FROM A CONTRACT. THERE IS NOT CONSIDERATION REQUIRED FOR A VALIDD DEED.

Question 73

Real Property Ownership

Answer 73

RAP applies to 3 types of interests: (i) vested remained subject to open (partial divestment) (ii) contingent remainders (iii) executory interests RAP dictates what where any of theses would best outside of a life in being plus 21 years it is void. Answering RAP questions is best accomplished in 2 parts: (1) identify the type of intents created by the language of the deed and (2) if the interest is one too the 3 that RAP applies to, determine whether it would be possible for that interest to vest any later than twenty one years after everyone alive at the time of the conveyance has did. If it could the interest is void.

Question 74

Con Law Relations between state and federal government State police powers

Answer 74

State has a legitimate interest in some regulation. Must be reasonable.

Question 75

Real Property Titles Lender

Answer 75

To be a BFP, a party must give VALUE for their interest in the land. If lender is not a BFP (purchaser for valuable consideration) then he is not protected by the recording statute Lenders interest arose from a judgement lien against the owner rather than the payment of valuable consideration.nn There fore the lender is not protected by the recording statue

Question 76

Real Property Contracts Marketable Title

Answer 76

A seller is required to provide marketable title on the closing date. To be considered marketable, the title must be free of encumbrances, mortgages, restrictive covenants and easements. Where the contract does NOT state that time is of the essence, then the seller is required to provide marketable title within a reasonable time after the scheduled closing date. If the seller is able to do so, the buyer has no grounds for refusing to perform and the seller may sue for damages OR specific performance. Get specific perf if u can deliver free at CLOSING

Question 77

Torts Negligence Causation

Answer 77

Courts consider negligent conduct on the part of those who are hired to treat or repair injuries to be foreseeable consequences of the original tortfeasor's negligent conduct and will not find that the subsequent acts supersede the original liability UNLESS there is some unforeseeable, independently tortious conduct.

Question 78

Con Law Individual Rights Sovereign Immunity q

Answer 78

Principle that the state or federal government cannot be sued for damages.

Question 79

Torts Dignatory Torts

Answer 79

Type of intentional tort in which the action causes another persons reputation or honor harm, or subjects them to certain indignities (humiliations and shame) - slander - libel defamation - IIED - battery - assault - abduction - false imprisonment - invasion of privacy - false light -alienation of affections

Question 80

Contracts Formation "This offer is not subject to countermand" meaning

Answer 80

Offeror is saying they will not revoke the offer (Note: This is insufficient to create an irrevocable offer. The requirements for Option Contract or UCC Firm Offer must still be met)

Question 81

Contracts Formation Irrevocable OFfers

Answer 81

option contract ucc firm offer start of performance on unilateral contract reliance

Question 82

Contracts Formation Irrevocable OFfers

Answer 82

option contract ucc firm offer start of performance on unilateral contract reliance

Question 83

Contracts Formation Irrevocable OFfers option contracts

Answer 83

COMMON LAW A offer cannot be revoked if: 1. offeror promises not to revoke 2. offeree supports promise with payment or other consideration

Question 84

CONTRACTS Formation UCC FIRM OFFER (2 reqs)

Answer 84

An offer may not be revoked for up to 3 months if: 1. seller is a MERCHANT 2. SIGNED written promise to keep offer open *Want to keep the offer open for more than 3 months? Must be supported by CONSIDERATION

Question 85

Con Law Strict Scrutiny Equal Protection / Freedom of Association

Answer 85

Strict Scrutiny in Equal Protection applies to both -- - - Suspect classification AND - - Fundamental rights is burdened by the class the gov selectied The fundamental rights under equal protection that trigger strict scrutiny are: (i) the right to vote (ii) the right to be a political candidate (iii) the right to have access to the courts for certain kinds of proceedings and (iv) the right to migrate interstate

Question 86

CONTRATS Emplied in Fact

Answer 86

Implied in fact contract is a type of enforceable contract, but one that is based on a tacit rather an an express promise. an implied in fact promise may be inferred from parties' conduct, such as where services are rendered by one person to another under circumstances where it may be fairly presumed that the parties understood that compensation would be paid

Question 87

Criminal Law Double Jeopard

Answer 87

Double jeopardy forbids the state from prosecuting or punishing a defendant twice for the same action