Bar Essays

Question 1

Government Taking

Answer 1

5th - Private property shall not be
taken for public use without just compensation.
- a regulatory taking, temporary restrictions, conditional permits, or direct appropriation

• merely decrease economic value -balancing test
  > economic impact of the regulation on
  the claimant
  > extent to which the regulation has interfered with distinct investment-backed expectations
  > character of the governmental action
• conditional permit for land development allowed if
  > a logical nexus between the condition and the governmental purposes, and
  > rough proportionality between the impact and the governmental objectives served

Question 2

Trusts - Distribution of proceeds

Answer 2

Under the Uniform Principal and Income Act (UPI) - the distribution of receipts between the trust Principal and Income is specified. -

> INCOME = Rents + Cash dividends
PRINCIPAL = Sales proceeds and Stock dividends

Question 3

Trust - Disclaimer

Answer 3

1) How - Must be delivered to a personal representative of the estate
(a) plus any statutory requirements (i.e. time)

2) Effect = property passes as if the disclaiming party predeceased the decedent
Disclaimer will accelerate possession of subsequent interests
(a) Rule of Convenience -person must be born before the period of distribution
(b) Class will close

Question 4

Secured Transactions - UCC Art. 9

Attachment elements =

Answer 4

1. Secured Party gives value
2. Debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party
3. Debtor has authenticated a security agreement that sufficiently describes the collateral

Question 5

Secured Transactions - UCC Art. 9

Perfection elements =

Answer 5

To Notify the World of it’s interest -

1. Must Attach
2. Secured Party Takes Possession, Control, Filing a Finance Statement (Exception = consumer goods - not necessary)
   * May be filed BEFORE Attachment *

Question 6

Secured Transactions - UCC Art. 9

Priority =

Answer 6

First in Time , First in Right
» Either&raquo_space;> :
Filling First OR Perfecting First

Question 7

Secured Transactions - UCC Art. 9

Does the Interest continue after sale?

Answer 7

Yes - 
> Except <
BIOCB 
- good faith 
- No knowledge
- Ord Course
- Biz of Selling same goods
Consumer Goods 
[or Consent, taking delivery of goods, chattel paper/ car title, buyer of the instrument]]

Question 8

Civ Pro - Discovery

- What is Discoverable ?

Answer 8

Can demand the discovery of any matter that is
relevant to the claim or defense of any party
- Not unreasonably cumulative, burdensome, and Not privileged.

Question 9

Civ Pro - Discovery Sanctions

- When are they appropriate?

Answer 9

May impose sanctions where ESI that should have been preserved in
- Anticipation of Litigation -
is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced
- NOT when lost as a result of the routine, good-faith operation

Question 10

Civ Pro - Discovery Sanctions

- What type of sanctions may Ct impose?

Answer 10

1) May order measures no greater than necessary to cure the prejudice.
2) If found party acted w/ intent to deprive another party of the information - May:

(a) presume it was unfavorable to the party;
(b) instruct the jury that it may or must presume it was unfavorable; or
(c) dismiss the action or enter a default judgment.

Question 11

Double Jeopardy -

Answer 11

5th through the 14th states -
- nor shall any person be subject for the same offense twice
> same offense = if one set of facts proves them both
> jeopardy attaches when the jury is impaneled and sworn / bench trial = when 1st witness sworn

Question 12

Criminal Sentence Enhancement

Answer 12

• Any increase in the penalty beyond the statutory maximum must be submitted to the jury and proved beyond a reasonable doubt.
  (may be waived when being sentenced by a judge in non - jury trial or plea)
• 6th Amend. violated when a sentencing
  judge enhances a sentence based on facts not admitted nor found by jury

Question 13

Partnership Liability - personal

Answer 13

• Act of a Partner apparently carrying on in the ordinary course of business binds the partnership, unless
  > (1) he has no authority to act and
  (2) the person with whom he is dealing has knowledge that he has no authority.
• All partners are jointly and severally liable for partnership liabilities

Question 14

Partnership Liability - New Partner Liability

Answer 14

Not liable for obligations that arose before they joined

Question 15

Partnership - Converting to LLP

Answer 15

Uniform Partnership Act = may be converted to LLP
by a vote of the partners
To amend partnership agreement + Filing a Statement of Qualification

Question 16

Partnership - LLP Liability

Answer 16

• Protected from liability for obligations of the partnership and of other partners;
• Liable for their own negligence or underlings
  > Not personally Liable for debts of LLP