Bar exam - MBE study

Question 1

I.Contract formation. OAC.

Answer 1

Offer, acceptance, consideration

Question 2

I.Offer.

Answer 2

Intent to be bound

Question 3

I.Consideration

Answer 3

Bargained for exchange

Question 4

I. Promisorry Estoppel

Answer 4

Promise, reliance, enforcement necessary to avoid injustice

Question 5

I.Statute of frauds applies to what kinds of contracts. MOLESS

Answer 5

Marriage, one-year, land, executor, surety, sales of goods

Question 6

I.Merger clause means what regarding the contract.

Answer 6

Complete integration

Question 7

I.bargained for exchange. the promise must ______ the detriment.

Answer 7

Induce

Question 8

I. Unilateral contract

Answer 8

Promise in return for performance

Question 9

I. fee simple absolute. contract language.

Answer 9

A to B and his heirs

Question 10

I. Life estate. contract language.

Answer 10

A to B for life

Question 11

I. fee simple defeasible

Answer 11

A to B and his heirs so long as

Question 12

I. FOB. Seller has ______ .

Answer 12

risk of loss

Question 13

I. Rule against perpetuities

Answer 13

no interest in property is valid, unless it must vest, if at all, not later than 21 years after one or more lives in being at the creation of the interest.

Question 14

I.fee simple subject to subsequent condition

Answer 14

A to B and his heirs, but if _____, then A has right of reentry

Question 15

If one joint tenant conveys interest to third party, then ____ .

Answer 15

tenancy in common

Question 16

I. Battery

Answer 16

intentional harmful or offensive contact

Question 17

I. Negligence. DBCD

Answer 17

Duty, breach, causation, damages

Question 18

I. False imprisonment.

Answer 18

D confines P to bounded area, causation, intent

Question 19

I. Strict liability. ACD

Answer 19

Abnormally dangerous activity, actual and proximate cause, damages

Question 20

I. Trespass to chattel. Damages for chattel

Answer 20

chattel’s fair market value

Question 21

I. Private necessity. Damages.

Answer 21

D liable for any property damage.

Question 22

I.Conversion. Who possesses the chattel after the action?

Answer 22

Defendant

Question 23

I. Intentional infliction of emotional distress.

Answer 23

Extreme or outrageous conduct, intent or recklessness, causation, severe emotional distress

Question 24

I. Defense of property.

Answer 24

reasonable force

Question 25

I. slander

Answer 25

Defamation by spoken words

Question 26

I. fee simple subject to subsequent condition. grantor exercises his power of termination.

Answer 26

bringing suit or making reentry

Question 27

I. Defense of property. Limits

Answer 27

Deadly force or force likely to cause substantial harm is not permitted

Question 28

Under the 5th amendment, a taking requires ______ to the victim.

Answer 28

just compensation

Question 29

I. takings. If a government regulation denies a landowner of ______________, the regulation may constitute a taking.

Answer 29

all economic use

Question 30

I. negligence per se

Answer 30

conclusive presumption of duty and breach of duty

Question 31

I. respondeat superior. employer not liable for employee’s actions ___________ .

Answer 31

outside scope of employment

Question 32

I. Negligence. Professional duty. SSK

Answer 32

Superior judgment, skill and knowledge as he actually possesses.

Question 33

I. Modification. Employer at will contract. What is sufficient consideration?

Answer 33

Continued employment for a substantial period of time.

Question 34

I. Libel

Answer 34

Defamation by the written word

Question 35

I. Interstate Travel. A person has a ________ to interstate travel, and a state law meant to deter person from moving into the state violates _______ .

Answer 35

fundamental right, equal protection clause

Question 36

I. Interstate travel. When a state uses a _______ for dispensing benefits, this law will be _______ .

Answer 36

waiting period, invalidated

Question 37

I. Products liability. To recover in an action for indemnity, the owner must show that ______ that caused an the injury to the victim.

Answer 37

manufacturer breached a duty

Question 38

I. negligent infliction of emotion distress. ________ damages are required to make a claim.

Answer 38

physical

Question 39

I. Mortgages. As a general rule, the priority of mortgage is determined by ________ .

Answer 39

The time it was placed on the property

Question 40

I. strict liability. prima facie case. ACD.

Answer 40

Abnormally dangerous activity, actual and proximate cause and damages

Question 41

I. prescriptive easement

Answer 41

Use must be open and notorious, adverse, and continuous and uninterrupted for the statutory period.

Question 42

I. Abnormally dangerous activity. Foreseeable risk of dangerous harm even when _______________ , not a matter of ___________ in the community

Answer 42

reasonable care is exercised, common usage

Question 43

I. proximate cause. D is liable for ____________ that are __________ of and within the increased risk caused by his acts.

Answer 43

all harmful results, the normal incidents

Question 44

I. Negligence/proximate cause. Even a third party’s criminal act will not cut off the defendant’s liability if, __________ .

Answer 44

D’s negligence created a foreseeable risk that a third party would commit a crime.

Question 45

I. robbery.

Answer 45

taking of another’s personal property with force or intimidation with the intent to deprive permanently.

Question 46

I. Products liability. These cases may proceed on either two theories of liability.

Answer 46

negligence or strict liability

Question 47

I. larceny

Answer 47

Taking and carrying away of another’s tangible personal property by trespass with the intent to deprive permanent or for an unreasonable time

Question 48

I. Statute of Frauds. Any conveyance of an easement interest of greater than one year ________ .

Answer 48

must be in writing to be enforceable

Question 49

I. Habit evidence. Evidence of a habit is relevant to prove that the conduct of the person ______ .

Answer 49

on a particular occasion was in conformity with the habit.

Question 50

I. taking/decreasing value. Regulations that decrease the property’s value are not takings as long as there remains ___________ .

Answer 50

An economically viable use for the property