California Bar Flashcards

Question

Conspiracy

Answer 1

1. Multiple people 2. Agree to commit a crime 3. Overt act

Answer 2

Not at common law

Answer 3

1. Intentional 2. Harmful or offensive 3. Contact 4. With the plaintiff

Answer 4

1. Intentionally 2. Acting in a manner 3. Sufficient to cause reasonable apprehension of an imminent battery

Answer 5

1. Unlawful 2. Intentional 3. Confinement 4. Of a person 5. Against their will

Answer 6

1. Intentional 2. Entry onto land 3. Of another

Answer 7

1. Wrongfully 2. Taking or retaining 3. Chattel property 4. Of another

Answer 8

1. Intentional 2. Interference with 3. Personal property 4. Or another 5. Of any substantial kind

Answer 9

Express or implied agreement to the harm inflicted

Answer 10

1. Reasonable necessary 2. That an individual’s property will have to be damaged 3. To prevent greater damage to the community

Answer 11

1. Reasonably necessary 2. To prevent greater harm to another individual or property

Answer 12

1. Duty 2. Breach 3. Causation 4. Damage

Answer 13

Apportions liability between P and D and exactly in accord with their relevant percentages of fault

Answer 14

Plaintiff can recover for the percentage the defendant was at fault only if the plaintiff was less than 50% at fault

Answer 15

Plaintiff who contributes to their own injury gets nothing

Answer 16

1. Voluntary 2. Consent 3. To the risk that harm will occur

Answer 17

Means anyone of the tortfeasors can be held liable for the whole amount and must sue another for contribution.

Answer 18

1. Concurrent acts 2. Harm not divisible between

Answer 19

1. Multiple actors 1. Cooperate or coordinate

Answer 20

1. Employee committed act 2. While acting within the scope of their duties

Answer 21

Abnormally dangerous activities and wild animals

Answer 22

1. Merchant supplier (regularly deals in the product sold) 2. Product not altered after it left the supplier’s control 3. Defectively manufactured, defectively designed (foreseeable risks could have been reduced or avoided by the adoption of a reasonable alternative design, and the omission of that design renders the product not reasonably safe), or failure to warn

Answer 23

1. Intentional 2. Misrepresentation of fact 3. Reasonable reliance by victim 4. Actual damages

Answer 24

1. Intentional 2. Interference with contract rights 3. For an improper purpose

Answer 25

1. Interference 2. With another’s prospects for commercial success 3. Wrongfully 4. For the purpose of causing harm

Answer 26

1. Plaintiff was subject to criminal proceedings 2. That terminated in their favor 3. The defendant instituted those proceedings without probably cause 4. For an improper purpose (a purpose other than bringing a criminal to justice)

Answer 27

Malicious prosecution but with civil lawsuits

Answer 28

1. Use of litigation 2. For an improper purpose

Answer 29

1. Acting Intentionally or recklessly 2. In an extreme or outrageous manner 3. Resulting in emotional distress to another 4. That was severe

Answer 30

1. Negligence 2. Resulting in physical injury or danger of physical injury 3. And emotional distress

Answer 31

1. Use of a person’s name or picture 2. For financial gain 3. Without his or her consent

Answer 32

1. Invasion of a person’s solitude 2. Which would be highly offensive to a reasonable person

Answer 33

Making public details of a person’s private life

Answer 34

1. Placing the plaintiff before the public 2. In a way that would be highly offensive to a reasonable person

Answer 35

A statement that damages a person’s reputation by lowering the person in the estimation of the community or deterring other people from associating with that person

Answer 36

1. False 2. Defamatory statement 3. Published 4. With actual malice 5. Damages the plaintiff’s reputation

Answer 37

1. False 2. Defamatory statement 3. Published 4. Damaged the plaintiff’s reputation

Answer 38

Same as defamation private figure public concern compensatory damages + actual malice

Answer 39

Knowledge or reckless disregard

Answer 40

1. Defamatory statement 2. Published 3. Damage to the plaintiff’s reputation

Answer 41

Unclear, just try to argue it’s a matter of public concern

Answer 42

Not recoverable

Answer 43

Awarded when the balance of the following factors tips in favor 1. Reprehensibility 2. Defendant’s wealth 3. Profit or gain to defendant through the tortious conduct 4. Costs of litigation to the plaintiff 5. Amount of harm caused 6. Remedial measures taken or not taken 7. Other punitive sanctions that have been imposed

Answer 44

By statute only

Answer 45

1. Offer seeking acceptance through promise of performance 2. Acceptance through promise of performance 3. Consideration

Answer 46

Manifestation of willingness to enter into a bargain so made as to justify another person in understanding his assent to that bargain is invited and will conclude it

Answer 47

Agreement to the bargain proposed in the offer

Answer 48

1. Offer seeking acceptance through actual performance 2. Acceptance through actual performance 3. Consideration

Answer 49

Bargained for exchange between the promisor and the promisee

Answer 50

1. Reliance 2. To one’s detriment 3. On a promise 4. Foreseeable to the promisor that the promisee would rely

Answer 51

1. Suretyship contract 2. Contract to transfer or buy interest in land 3. A contract that cannot be performed within one year of its making 4. Sale of goods worth $500 or more

Answer 52

1. Writing 2. Indicating a contract was made 3. Setting out material terms (ie for goods the quantity of goods, for all contracts price).

Answer 53

Prohibits a party from arguing terms were left out of a written contract

Answer 54

1. Mutual mistake 2. Concerning a basic assumption on which the contract is made 3. The party seeking release did not bear the risk of the mistake

Answer 55

1. One party made a mistake 2. The other party knew it had reason to know if the mistake

Answer 56

1. Performance has become objectively impossible, that is, no one could perform, not just the party in question 2. Through no fault of the parties

Answer 57

1. Unforeseeable circumstances 2. Have made performance extremely costly or burdensome

Answer 58

1. Change in circumstances 2. Makes one party’s performance virtually worthless to the other

Answer 59

1. Minor entered into a contract 2. Disaffirms 3. When they are still a minor or within reasonable time after they reach the age of majority

Answer 60

Mental infirmity and involuntary intoxication

Answer 61

1. Party was under the influence when the contract was made 2. The other party had reason to know the intoxicated party was unable to understand the transaction or act in a reasonable manner

Answer 62

1. Contracting party was is compelled to submit to the contract 2. By threat of irreparable injury 3. Not made in good faith and fair dealing 3. The aggrieved party would not have otherwise agreed

Answer 63

1. Contracting party former contract 2. By being taken advantage 3. At a time of particular vulnerability to pressure

Answer 64

1. Intentional 2. Affirmative 3. Misrepresentation 4. Of fact 5. That procured the contract

Answer 65

Contract is so unfair and one-sided as to shock the conscience

Answer 66

The negotiation process was so unfair and one-sided as to shock the conscience

Answer 67

Contract involves illegal subject matter, performance, or is against public policy

Answer 68

Failure to perform

Answer 69

1. Communicated unwillingness or inability to perform 2. Threatened breach is material

Answer 70

Put the aggrieved party in the same position they would have been in if the breach hadn’t happened

Answer 71

1. Injured party did not take reasonable steps to mitigate or minimize damages 2. That could have been undertaken without undue risk, burden or humiliation

Answer 72

1. Part or all of plaintiff’s damages were unusual 2. Defendant did not have actual notice of their possibility

Answer 73

Breach of garden variety contract + P was a direct and intended beneficiary of the contract

Answer 74

1. Monetary damages cannot adequately compensate the injured party, 2. Ordering specific performance would not violate the 13th amendment

Answer 75

Placing the parties back in the position they were in prior to the genesis of the contract or act giving rise to the breach

Answer 76

1. Complete (going to the essence) 2. Breach of contract

Answer 77

1. Unjust enrichment 2. At the expense of another

Answer 78

1. Offer 2. Acceptance according to terms of offer, or, in their absence, other definite and seasonal expression of acceptance in some reasonable manner (note need not mirror exactly as long as basic terms agreed to). 3. Consideration

Answer 79

1. Offer 2. Acceptance according to terms of offer, or, in their absence, definite and seasonal expression of acceptance in any reasonable manner (does not mirror)

Answer 80

Someone who deals in the goods involved or who holds themselves out as having knowledge or skill peculiar to the practices or goods involved

Answer 81

1. Merchant of goods formed a contract predominant purpose of which was to deal in those goods 2. a. Term in offer but not acceptance = effective unless offered objected within reasonable time b. Term in acceptance but not in offer = effective unless offeror objects within reasonable time c. Contradicting terms = cancelled out and replaced by UCC gap filler d. Missing terms = replaced by ucc gap filler

Answer 82

1. Contract formed by merchant predominant purpose of which was to deal in those goods 2. Other necessary conditions 3. Explicit acceptance by original offeror OR subsequent conduct of both parties indicating existence or an agreement

Answer 83

1. Affirmation of fact or promise 2. Forming part of the basis for 3. a contract whose predominant purpose was the sale of goods 4. Relating to those goods 5. Made by seller 6. Who is a merchant of goods dealing in those goods 7. Seasonable notification of defects

Answer 84

1. Merchant formed a contract the predominant purpose of which was to sell those goods 2. Sells goods not fit for ordinary purposes 3. Seasonable notification of defects

Answer 85

Of average quality that can pass without objection in the trade

Answer 86

1. Merchant 2. Forms a contract predominant purpose of which was to sell those goods 3. Having a reason to know any particular purpose for which the goods are required 4. Having reason to know that the buyer is relying on the merchant’s skill or judgment to select or furnish suitable goods 5. The goods were not in fact fit for that purpose 6. Seasonable notification of defects

Answer 87

1. Contract was between merchants of the same goods 2. Predominant purpose of the contract was to deal in the goods they both deal in 3. Within a reasonable time after formation, a written confirmation of the contract was received 4. No written notice of objection to the contract was given within 10 days

Answer 88

1. Breach of express warrant of merchantability, implied warranty of merchantability, or implied warrant of fitness for purpose 2. Rejection 3. Seller did not exercise right to cure defects within original time provided for performance, or greater time if prior dealings lead to reasonable belief that that would be acceptable or that the Noncomforming goods would have been acceptable, by giving notice and tendering new conforming goods = buyer gets price paid, cost of purchasing substitute goods, and consequential damages

Answer 89

1. UCC contract 2. Goods nonconformity substantially impairs their value = buyer gets price paid, cost of purchasing substitute goods, and consequential damages

Answer 90

1. Disclaimer 2. Mentioned merchantability 3. Was conspicuous

Answer 91

Within reasonable time

Answer 92

In larger typeface than the contract or in contrasting color

Answer 93

Permissible

Answer 94

Remedy limitation limited 1. Consequential damages 2. For injury to the person

Answer 95

Unsettled whether this exists

Answer 96

Can be done but not for economic loss

Answer 97

Lack of personal jurisdiction, lack of subject matter jurisdiction, improper venue, improper service, failure of plaintiff to join an indispensable party, failure of plaintiff to state a claim

Answer 98

A motion brought by either party arguing that assuming all well-pleaded facts true and drawing all reasonable inference in the light most favorable to the non-moving party, the non-moving party cannot prevail on a claim or defense OR the moving party must prevail on a claim or defense

Answer 99

In a civil case, there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law

Answer 100

-claims from unrelated transactions or occurrences = permissive -same transaction or occurrence = use it or lose it, this is called res judicata or claim preclusion

Answer 101

-unrelated transactions or occurrences OR no common issue of law or fact = not allowed -same transaction or occurrence AND common issue of law or fact = permissive -same as above + defendant needed for just adjudication = mandatory

Answer 102

A defendant joining a third party because D believes the third party has a legal duty to indemnify D

Answer 103

First as a matter of course, later as Justice so requires

Answer 104

Party files something they did not investigate the grounds for or was not well-grounded in law or fact

Answer 105

21 days unless plaintiff or court grants extension

Answer 106

Affirmative defenses must be pled in it or an amendment is needed and non responses are deemed admissions

Answer 107

-claim or defense has common issue of law or fact with main action + disposition of action may impair or impede their ability to protect their interests = by right -claim or defense has common issue of law or fact with main action = by permission -neither = not allowed

Answer 108

1. Certification that movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action 2. Party is entitled to or immune from the discovery request Note: if losing party’s position was not substantially justified, they must pay the winner’s attorney’s fees

Answer 109

Negligent or intentional destruction of evidence when litigation is reasonably anticipated

Answer 110

1. Names and contact information of each individual likely to have discoverable information, 2. Copy or location of all documents, ESI, and tangible things that a party may use to support its claims or defenses 3. Computation if each category of damages claimed by the disclosing party with supporting documentation 4. Applicable insurance policies All within 14 days of mandatory initial discovery conference the parties must hold

Answer 111

1. Non-privileged 2. Relevant 3. Proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties relative access to relevant information, the parties resources, the importance of discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs it’s likely benefit

Answer 112

Depositions, interrogatories, requests for production, orders for physical or mental examinations, and requests for admission

Answer 113

1. Trade secret or other confidential research, development or commercial information 2. Not directly relevant

Answer 114

1. Material 2. Generated by a lawyer 3. In preparation for trial 4. That cannot be acquired by the other party without undue hardship

Answer 115

Non-testifying experts

Answer 116

Where money damages are sought

Answer 117

1. No money damages sought 2. Unreasonable delay in bringing case

Answer 118

1. Plaintiff encouraged defendant’s conduct 2. Then sues for it 3. Does not seek money damages

Answer 119

1. Party A offers to settle with Party B, 2. Party B does not accept, 3. Result at trial is equal or worse for party B = party B pats party A’s attorney’s fees

Answer 120

Issue preclusion 1. Actually litigated 2. By a final and valid judgment 3. The determination was essential to the judgment = binds those parties

Answer 121

1. Compliance with state statute 2. Compliance with con law

Answer 122

1. Claim arises out of defendant’s directed contacts with the state 2. Exercise of PJ comports with traditional notions of fair play and substantial justice considering: actual burden on D, forum state’s interests, plaintiff’s interests, systematic efficiency interests

Answer 123

Domiciled in state or served while physically present in state

Answer 124

Incorporated in state or nerve center in state

Answer 125

1. All D live in same state + district is in that state OR 2. Substantial part of the events or omissions giving rise to the claim occurred in that district OR the property the claim is about is in that district 3. Neither of those are true but the district is in a state that has PJ

Answer 126

1. Complete diversity 2. Amount in controversy exceeds $75,000

Answer 127

Diversity and federal question

Answer 128

1. Forum is a seriously inconvenient forum 2. A more appropriate forum is available

Answer 129

Owner holds all possible rights and interests in a single bundle. Freely transferable during owner’s life and by inheritance.

Answer 130

Contractual right to possess property for a limited period of time

Answer 131

Right to use part of land owned by another

Answer 132

A device whereby the trustee controls and manages the property but the benificiary receives the benefits

Answer 133

If they are affixed to it.

Answer 134

Fee simple that terminated upon death

Answer 135

A present interest to enjoy possession of property at some time in the future

Answer 136

Multiple owners own undivided equal portions of the property with right of survivorship and unilateral right of division

Answer 137

Married couple with joint tenancy but no unilateral right or division (need to agree or divorce).

Answer 138

Joint tenancy with no right to survivorship

Answer 139

Tenancy in common

Answer 140

Right to resources on below or above land

Answer 141

Owner’s permission to another to use their property in a specific way

Answer 142

A contractually binding promise to use or not use one’s own property in a certain way, with monetary damages. Binds ownership successors.

Answer 143

Contractually binding promise to use or not use one’s own property in a certain way, with specific performance remedy. only binds those in probity to it

Answer 144

The logical outcome of there being a statute of limitations on an action for ejectment. SOL only runs when the possession is 1. Actual 2. Hostile 3. Open and notorious 4. Exclusive and continuous

Answer 145

Adverse possession but for an easement

Answer 146

1. Landowner sells off a portion of their land 2. That has no access to a public road or utility line

Answer 147

An activity that adversely affects adjacent property owners or the general public. The defendant is the property owner.

Answer 148

A person whom the owner has invited onto the premises for the owner’s benefit

Answer 149

People who use the property with the owner’s permission, but not for their benefit

Answer 150

Only to warn of dangerous conditions

Answer 151

To keep the property free of unreasonable dangers a trespasser might not expect

Answer 152

Express warranties are enforceable otherwise caveat emptor

Answer 153

1. Testator knows what they’re doing 2. The will is in writing 3. Signed by the testator 4. Signing witnessed by at least two witnesses

Answer 154

1. Donative intent 2. Writing

Answer 155

1. Donative intent 2. Delivery 3. Acceptance

Answer 156

Lost—>1. True owner. 2. Finder. Abandoned—>1. Finder Mislaid—>1. True owner. 2. Owner of the real property on which the chattel was found. 3. Finder.

Answer 157

1. Purposefully put in a specific location. 2. Inadvertently left there.

Answer 158

Leaving property in the possession of another for safekeeping or some other temporary purpose.

Answer 159

Property is improved without teamwork—>property owner gains title to any natural or artificial increases in or additions to the property Property is improved through teamwork—>consider (1) difference in value as a result of labor, (2) degree of change in the form of the original property, (3) ease with which the personal property can be removed from the owner’s property

Answer 160

1. Injury 2. Causation 3. Redressability 4. Not based on a third part unless valid exception 5. Not a generalized grievance unless taxpayer suing gov for expenditures violating the establishment clause

Answer 161

An issue is not ripe when 1. The plaintiff is asking for pre-enforcement review of a law 2. Balancing the hardship plaintiff will suffer without pre-enforcement review and the fitness of the issues for review tips in favor of pre-enforcement review m

Answer 162

The danger of redressable harm has passed such that the case no longer presents a live controversy.

Answer 163

Capable of repetition yet evading review, voluntary cessation, monetary damages, class action lawsuits

Answer 164

-suits that say something violates the Republican form of Government Clause -challenges to the president’s conduct of foreign policy -challenges to the impeachment and removal process -challenges to partisan gerrymandering

Answer 165

-Can’t force state officials to pass laws or perform tasks -must make “clear statement of intent” for statute to affect state gov function -can bribe states

Answer 166

1. Regulate the use of the channels of interstate commerce, 2. Protect the instrumentalities of interstate commerce, and 3. Regulate activities that substantially affect interstate commerce

Answer 167

1. Make procedural laws like 1983. 2. Create statutes to secure substantive rights explicit or implicit in the fourteenth.

Answer 168

State laws that discriminate against interstate commerce are not allowed without an exception

Answer 169

Prevents state governments from denying other state’s citizens the right to travel into it

Answer 170

Find one -13th for race discrimination -commerce -14th -tax and spend -necessary and proper

Answer 171

State actor

Answer 172

Law discriminates on… -race, national origin, citizenship not relating to self-government and the democratic process and NOT done by congress. Strict scrutiny. -sex, undocumented children, nonmarital children? Intermediate scrutiny. -anything else? rational basis.

Answer 173

1. Ends must be a compelling government interest (extremely important), 2. Means must involve the least possible burden on the suspect class (eg the race). Gov bears burden of proof.

Answer 174

1. Ends are a legitimate interest, 2. Rationally possible that the means chosen will further the ends. Complaining party bears burden of proof.

Answer 175

1. The end sought must be a substantial government interest, 2. The means must substantially further the end Gov bears burden of proof

Answer 176

-birth control -marriage (including same sex) -private adult consensual sexual conduct -procreation -custody of one’s own children -keeping the family together including the extended family -refusing medical treatment, even food and water All under the umbrella of privacy -intra-US travel -voting, though laws that go to the security of elections don’t affect this right -to not have election districts be drawn based upon race

Answer 177

-seditious (aka incitement of illegal activity) -inherent to classic crimes or torts -fighting words -obscenity as long as it’s more than mere private possession -child pornography -profane indecent language over public free broadcast media -profane indecent language IN schools -false and deceptive advertisements -advertisements for illegal activities -ads with a substantial likelihood of deception -attorney in-person solicitations

Answer 178

1. Directed to inviting or producing imminent lawless action 2. Likely to incite or produce such action

Answer 179

1. Likely to provoke the average person to retaliate 2. And thereby breach the peace

Answer 180

1. Average person applying contemporary community standards would find the work as a whole appeals to prurient interest in sex 2. The work depicts, in a patently offensive way, sexual conduct specifically defined by the applicable state law 3. The work taken as a whole lack serious literary, artistic, political, or scientific value

Answer 181

1. Protected speech (not unprotected) 2. Impermissible restriction OR compelled speech

Answer 182

Not content neutral, prior restraint, impermissible content neutral restriction, impermissible symbolic speech restriction, impermissible vague in violation of the 1A, impermissible overbroad in violation of the 1A

Answer 183

1. Furthers an important government interest 2. That interest is unrelated to the suppression of free expression 3. The incidental restriction on the activity is no greater than is essential to the furtherance of the interest

Answer 184

-Permits where there is an important reason for so requiring -zoning as applied to sexual activity

Answer 185

1. Regulating only unlawful or misleading speech 2. substantial government interest in limiting it 3. Regulation directly advances that goal 4. Regulation is not more extensive than necessary to achieve that goal

Answer 186

Establishment clause and free exercise clause

Answer 187

1. Law or action must have a secular purpose 2. Primary effect must be to neither inhibit nor advance religion 3. Must not foster excessive government entanglement with religion

Answer 188

May not intentionally discriminate against religion AND if it has a discriminatory impact, must pass strict scrutiny

Answer 189

1. Competency 2. Impermissible opinion 3. Irrelevant 4. Hearsay 5. Privileged 6. Public policy 7. Non-responsive (move to strike rather than object) 8. Best evidence 9. Rule of completeness 10. Impermissible question

Answer 190

1. Witnesses may only testify to matters about which they have personal knowledge 2. Sound mind 3. Must take an oath or affirmation to testify truthfully 4. Not a juror testifying about what occurred during jury deliberations EXCEPT as to (a) extraneous prejudicial information brought to their attention, (b) improper outside influence brought to bear on a juror, (c) mistake on the verdict form, or (d) statements made during deliberations indicating that jurors harbored racial stereotypes or animus that was the primary significant motivating factor behind a criminal conviction

Answer 191

Presumptively inadmissible

Answer 192

1. Rationally based on perception of the witness 2. Helpful to a clear understanding of the witness’s testimony 3. Opinion does not require specialized knowledge

Answer 193

A witness who is qualified as an expert by knowledge skill experience training or education may testify in the form of opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue, (b) the testimony is based upon sufficient facts or data, (c) the testimony is the product of reliable principles and method, (d) the witness has applied the principles and methods reliably to the facts of the case, and (e) witness is reasonable certain in the accuracy of their opinion

Answer 194

1. Has been tested 2. Published or peer reviewed 3. Known rate of error 4. Standards controlling its operation 5. Generally accepted within the relevant scientific community

Answer 195

1. 401 2. 403, except for prior felonies involving character for truthfulness that are offered to impeach, unless really old 3. Offered for the propensity argument unless exception BUT habit is not propensity 4. Rape shield law 5. Convictions over 10 years from date of release or conviction, which ever is later, are inadmissible unless the party offering shows Probative value substantially outweighs prejudice

Answer 196

Any tendency to make the existence of any fact that is of consequence to the determination of an action more probable or less probable than it would be without the evidence

Answer 197

Probative value substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence

Answer 198

An out of court statement offered to prove the truth of the matter stated

Answer 199

1. Someone else said it 2. Not one of the categories of statements not offered for their truth 3. Not an exception

Answer 200

-effect in listener -prior inconsistent -prior consistent offered to rehab credibility -prior statement of identification -legally operative language -presenting a document to refresh recollection -party opponent statement, party opponent authorized representative, party opponent adoptive statement

Answer 201

1. Supported by sufficient guarantees of trustworthiness 2. More probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts

Answer 202

Competent witness admissible testimony OR judicial notice

Answer 203

1. Generally known OR 2. Can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned

Answer 204

-same transaction or occurrence=use it or lose it -all else= permissive

Answer 205

Diversity cases

Answer 206

Procedure= fed Substantive = state

Answer 207

Statute of limitations, horizontal choice of law, elements

Answer 208

-physically hand to defendant -leave at defendant’s office or home with an adult working or living there with instructions to give to D -otherwise according to the laws of the state where service is affected

Answer 209

States can’t be sued by citizens in federal court without consent

Answer 210

Counteroffer.

Answer 211

Breach and counter

Answer 212

Permissible but does not alleviate you if your original contractual obligations to the party with whom you’re in privity, unless a proper contract modification is made

Answer 213

1. Voluntary act 2. Mens rea 3. Causation 4. Concurrence of VA and MR

Answer 214

Terminates and starts new

Answer 215

To the personal property heir

Answer 216

1. Order based first on recording second on time 2. Pay foreclosing party in full 3. Split rest amongst less entitled creditors and then they’re done 4. Senior mortgages remain intact

Answer 217

Punishable by more than a year in prison

Answer 218

Punishable by up to a year in jail

Answer 219

The facts and circumstances within the officer’s knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution on the belief that an offense has been committed and that a particular person committed it.

Answer 220

Any exculpatory evidence

Answer 221

Beyond a reasonable doubt

Answer 222

1. Search or seizure 2. Unreasonable

Answer 223

Law enforcement invasion of a person’s reasonable expectation of privacy

Answer 224

1. No warrant 2. No exception

Answer 225

-exigent circumstances -breath test of a driver + probable cause to believe they are drunk -probable cause to believe a vehicle contains contraband or other evidence of a crime -plain view -inventory -incident to lawful arrest -consent -border -DUI checkpoints

Answer 226

Emergency situation making it impracticable for the police to get a warrant

Answer 227

1. Officer’s presence in the area where the item is seen must be lawful 2. Office must have lawful access to the item 3. It must be immediately apparent to the officer that the item is contraband in nature or evidence of a crime

Answer 228

The arrested person and the area within the arrestee’s immediate reach or control

Answer 229

Free to leave

Answer 230

Arrests and stops

Answer 231

-warrant -hot pursuit -probable cause to believe evidence will be destroyed if police do not enter the home immediately -suspect will escape if police do not enter home immediately -harm will occur to the police or others if the police do not enter the home immediately

Answer 232

Need warrant

Answer 233

Warrant or probable cause for felony

Answer 234

1. Reasonable circumstances 2. Reasonable means 3. Knock and announce IF home arrest

Answer 235

Probable cause

Answer 236

Reasonable suspicion

Answer 237

Specific and articulable facts that disclose unusual conduct which leads an officer reasonably to conclude in light of his experience that criminal activity may be afoot

Answer 238

1. Voluntary 2. Miranda warning

Answer 239

Voluntariness

Answer 240

-public safety -covert interrogation -routine booking questions -non-criminal trial proceedings

Answer 241

Public safety interest outweighs defendant’s right to Miranda warning

Answer 242

1. Suspect is unaware he is speaking to law enforcement 2. Gives a voluntary statement

Answer 243

-aerial surveillance -tracking devices -cell phones -drug dogs -thermal imaging -trash -open fields

Answer 244

None as long as it doesn’t cause excess noise wind or dust and does not allow observation of the intimate details connected with the home and its curtilage

Answer 245

All areas outside the home and it’s curtilage

Answer 246

Permissible in a transport center

Answer 247

Does not exist as long as not in curtilage

Answer 248

Initial appearance

Answer 249

-good faith -impeachment evidence -sufficiently attenuated taint -inevitable discovery -not a criminal proceeding -only a knock and announce violation

Answer 250

The police officers did not know or could not have reasonably have been expected to know their actions were unconstitutional

Answer 251

Evidence obtained from a 4A violation and fruit of the poisonous tree is not admissible

Answer 252

Preponderance of the evidence supports that the challenged evidence ultimately or inevitably would have been discovered by lawful means

Answer 253

Illegals obtained confession led to discovery of other evidence, that other evidence is still admissible

Answer 254

Where the social cost outweighs the deterrence benefit

Answer 255

Balance four factors 1. Length of delay 2. Balance of blame 3. Assertion of right 4. Prejudice

Answer 256

-speedy trial -Gerstein hearing -right to counsel -public trial -jury trial -impartial jury -compelled testimony -confrontation clause -burden of proof -IAC

Answer 257

Those charged with non-petty offenses

Answer 258

Punishable by 6 months or less in jail

Answer 259

Yes if a jury is constitutionally required

Answer 260

It must be drawn from a fair cross section of the community

Answer 261

1. Testimonial 2. Hearsay 3. No opportunity to cross examine at the time the statement was made

Answer 262

Primary purpose was to establish or prove past events relevant to later criminal prosecution

Answer 263

Could result in jail at all

Answer 264

1. Performance was incompetent under prevailing professional norms 2. Reasonable probability that this malpractice was but for cause of outcome not being better

Answer 265

Non-harmless, plain, or structural in criminal trial

Answer 266

-term in offer but not acceptance = exists -term in acceptance but not offer= exists unless materially alters, offer expressly limited acceptance to its terms, or offeror seasonably objects -contradicting = cancel out and use ucc gap filler -missing from both = use ucc gap filler

Answer 267

Could not be done by trial jury

Answer 268

Relevant? Presume admissible Irrelevant? 100% inadmissible

Answer 269

Actually explain why the evidence is relevant or irrelevant no matter how obvious it seems

Answer 270

Tendency to move a jury to decide a case based on some improper basis

Answer 271

-emotion -evidence admissible for limited purpose and it’s used not for that purpose

Answer 272

A regular response to a specific set of circumstances. It is MORE than just a propensity to act that way.

Answer 273

-evidence of liability insurance rule -subsequent remedial measures -evidence of a civil settlement or conduct during settlement negotiations -plea negotiations -payments of or offers to pay medical expenses

Answer 274

Relevant to probe something other than wrongful conduct or ability to pay a judgment

Answer 275

Admissible to prove something other than showing strict liability (or worse).

Answer 276

Settlement was of a disputed claim (claim must have been brought or at least threatened)

Answer 277

Admissions of fact accompanying actual payment don’t fall within this rule’s ambit

Answer 278

-criminal defendant about theirself -criminal defendant opened the door -character is directly at issue in case -impeachment -proving truthfulness on cross -against rape case defendant -homicide defendant has argued victim was initial aggressor

Answer 279

-reputation or opinion: always -specific instances of conduct, (a) crossing the character witness, (b) the character trait is an element of a charge claim or defense in the case -prior bad acts Probative of truthfulness on cross: discretion of court -evidence of a separate rape: when it’s a criminal rape case and the alleged rapist is the defendant

Answer 280

Prosecution may make propensity argument about victim’s peacefulness trait

Answer 281

Evidence to probe sexual behavior or sexual disposition of the alleged victim is inadmissible

Answer 282

1. Instances of victim’s sexual behavior admissible to prove that someone other than the defendant was the source of semen, injury, or other physical injury 2. Evidence of sexual behavior Between the victim and defendant, offered by the prosecution 3. Evidence of sexual behavior between victim and defendant, offered by the defendant to prove consent

Answer 283

1. Evidence of prior sexual behavior of the alleged victim admissible if Probative value substantially outweighs the danger of harm to the victim or unfair prejudice to any party 2. Evidence of alleged victims reputation is admissible if they have placed it in controversy

Answer 284

Offered to prove MIMIC Motive Identity Mistake (or absence thereof) Intent Common plan or scheme

Answer 285

Reasonable juror could believe that the witness perceived, with one of the five senses, the facts testified to

Answer 286

-leading -calls for narrative -assumes facts not in evidence -misleading -argumentative -calls for speculation

Answer 287

-cross exam -direct preliminary matters -witness needs a lot of help (very young or mentally Ill) -hostile witness

Answer 288

1. Witness has insufficient recollection to testify fully and accurately 2. Witness once had personal knowledge of the facts 3. Witness either made the record, directed it be made, or adopted it 4. …when the matter was fresh in the witness’s mind 5. Witness testifies the record accurately reflects their knowledge

Answer 289

1. Witness’s testimony has been attacked by suggestion they had motive to lie, prior consistent statement made before the alleged motive to lie arose is an exception 2. Other type of credibility attack, prior consistent generally is an exception

Answer 290

1. Have headings that suggest the outcome determinative fact and state the issue 2. State a rule of law 3. Apply the rule to the facts 4. Reach a conclusion

Answer 291

1. Under… 2. Here… 3. Therefore…

Answer 292

1/3 reading 1/3 thinking and outlining 1/3 writing

Answer 293

“Written partnership agreement.”

Answer 294

1. Read the call 2. Identify the subject 3. Read the facts note a. All characters b. All entities c. All occupations d. All relationships between as and bs 4. Re read the first paragraph then pause and predict what you think would happen 5. Anything that indicates notice or lack thereof 6. Anything that indicates mental state 7. Any other legal issue potentially relevant to the call (if magic words indicate something is a given, then it’s NOT an issue), AND quickly type the rule that goes with this issue 8. Circle the transactions/occurrences/pieces of property (if more than one)

Answer 295

An educated person who knows ZERO law

Answer 296

1. Way the examiners tell you to 2. Order transactions or events occurred 3. Rule to exception 4. Claims to defenses

Answer 297

Make one up

Answer 298

1. Read the facts and determine the issue 2. Decide who wins 3. Make up a rule that makes that happen and then boldly assert it

Answer 299

A short outcome-determinative statement that shows the examiner that you know what you need to talk about and don’t need to talk about to arrive at the right conclusion

Answer 300

A full statement of the applicable governing principles

Answer 301

A brief statement that answers the question asked

Answer 302

Take the call of the question and turn it into a statement

Answer 303

1. Reasonable force 2. Hot pursuit 3. Of thief of chattels

Answer 304

1. Shopkeeper 2. Reasonable force 3. Belief they merchandise was stolen 4. Reasonable belief

Answer 305

Showing the examiner the facts determine the outcome

Answer 306

Go through each fact, choose whether to use it or not use, and jot down why

Answer 307

1. Non-party makes a statement 2. Party hears or reads it 3. Party understands it 4. Party expressly adopts it or is silent when they could have denied the statement, and did not

Answer 308

-former testimony -dying declaration -statement against interest -statement of personal or family history -party opponent wrongfully caused the unavailability

Answer 309

-present sense impression -excited utterance -then existing state of mind -made for medical diagnosis or treatment -past recollection recorded -record of regularly conducted activity or absence thereof -public records or absence thereof -religious organization records concerning personal or family history -marriage, baptism, or similar ceremonies -family records -documents affecting an interest in property -statement in document prepared before 1/1/1998 -market reports -learned treatises -reputation concerning personal or family history -reputation concerning boundaries -reputation concerning character -judgment of previous felony (not by nolo contendre plea) -past court judgment

Answer 310

Being offered against a party who, or who’s predecessor in interest, had an opportunity and similar motive to develop it by direct, cross, or redirect exam

Answer 311

Offered in civil or homicide case

Answer 312

1. So inconsistent 2. Corroborating circumstances clearly indicate trustworthiness

Answer 313

1. Witness once knew the matter well but now cannot recall enough to testify truthful and accurately 2. Made or adopted when the matter was fresh in the witness’s mind 3. Accurately reflects the witness’s knowledge

Answer 314

Proof such that a reasonable juror could agree that the evidence is what the proponent claims it to be

Answer 315

To prove the content of a writing, recording, or photograph, you need the original

Answer 316

1. All the originals lost or destroyed and not in bad faith 2. Original copy be obtained by any available judicial process 3. Voluminous records 4. Certified public records

Answer 317

Those created by federal common law EXCEPT in a diversity case, then those under the relevant state law

Answer 318

-attorney client -spousal -psychotherapist-client -social worker-client -clergy-penitent -various governmental

Answer 319

1. Communication 2. Made by an attorney or client 3. During a confidential consultation between the same

Answer 320

Only the holder.

Answer 321

The burden of producing evidence sufficient to make out a prima facie case

Answer 322

The standard a party seeking to establish something in court must satisfy

Answer 323

Burden of production + burden of persuasion

Answer 324

-a letter properly address + stamped + mailed = delivered -inexplicably absent over seven years = dead -civil case + death = NOT suicide -case involving legitimacy of child = legitimate -insanity issue = not insane

Answer 325

Where a part or all of a writing or recording is introduced into evidence, the adverse party can require the proponent of that evidence to introduce any other part or any other related writing or recording statement, if fairness would dictate all should be considered at the same time

Answer 326

-by the adverse party (as an exhibit) -when it doesn’t succeed in refreshing the witness’s recollection (by reading aloud)

Answer 327

Documents used to refresh recollection

Answer 328

Half reading and analyzing Half writing

Answer 329

CREACC Conclusion Rule Explanation of rule Application of rule to facts Conflicting authority and counter arguments Conclusion

Answer 330

1. Ask about it 2. Can continue asking if denial and you have good faith 3. Cannot introduce extrinsic evidence

Answer 331

Authorized spokesperson, partner, co-conspirator, principal-agent

Answer 332

The task memo.

Answer 333

Call DRT Client Audience Legal problem Limiting instructions Document asked to draft Research questions Tone I’m supposed to write with (persuasive or objective)

Answer 334

1. Read Task memo and Call DRT 2. Read the cases in reverse chronological order a. Read the last paragraph first, b. Skim the facts c. Read the reasoning 3. RHIP FRE 4. Read the statutes 5. Synthesize the law 6. Read the facts library

Answer 335

The fictional state Columbia.

Answer 336

RHIP FRE Rule of law stated Holding Issues Parties Facts Research terms and questions Explanation of rule to a smart and educated non-lawyer

Answer 337

In the court’s reasoning.

Answer 338

Whatever the court says it “holds,” “concludes,” or “finds.”

Answer 339

Bad facts and conflicting authority

Answer 340

With good facts.

Answer 341

-privileges -witness competency -evidentiary presumptions

Answer 342

They’re the same as the federal evidence rules

Answer 343

-privilege -refusal -absent and beyond subpoena power -can’t remember -death or infirmity, physical or mental illness

Answer 344

Corroborating evidence

Answer 345

-prosecution can offer extrinsic acts of domestic or elder abuse in a prosecution for the same -if a defendant makes a propensity argument about an alleged victim’s violence, and violence only, the pros can make a propensity argument about ONLY the defendant’s violence -no propensity argument exception for a criminal defendant’s self defense argument that the victim attacked first -past convictions of moral turpitude crimes are always admissible, other past convictions are always inadmissible -past bad acts that are not criminal convictions are admissible to impeach subject to 352 (403) balancing -dying declarations not limited to homicide cases -propensity argument as to credibility is ALWAYS allowable

Answer 346

-subsequent remedial measures exclusion doesn’t apply in strict liability cases -statements made in and preparation for mediation proceedings inadmissible -expressions of sympathy inadmissible -propensity arguments are totally out with NO EXCEPTIONS -NO RAPE SHIELD -former deposition testimony is a hearsay exception if deponent is unavailable or lives more than 150 miles from the trial -evidence of immigration status inadmissible in personal injury or wrongful death cases

Answer 347

-403 = 352 -payments of medical expenses or offers thereto exclusion also covers accompanying statements -no public policy exclusion of pleas and discussions thereof -where the propensity argument is allowable, no limitations on how it can be made -rape shield law has a blanket ban on evidence of alleged victim’s dress -Frye-Kelley standard for reliable principles and methods: generally accepted in the community -learned treatise exception applies only to facts of general notoriety or interest -where past convictions are admissible, no greater than ten year ban -prior inconsistent statements don’t have to have been under oath -prior consistent statements can be used to bolster credibility after attack by a prior inconsistent statement if the pcs preceded the pis -am employer’s implicit adoption of an employee’s statement is subject to respondeat superior analysis as to the statement as well as the circumstances -pis admissible for truth -a witness is also unavailable if they won’t testify out of fear -no corroboration requirement for confessions -a statements against social interest exception exists -predecessor in interest requirement is just an interest requirement -hearsay exception for statements of an alleged murder/kidnapping victim against the murderer/kidnapper -present sense impression exception only applies to explanations of one’s own conduct -Declarant unavailable exception for descriptions, narrations, or explanations of inflictions or threats of physical injury -excited utterances = spontaneous statements, which judges may in their discretion exclude for untrustworthiness -descriptions of medical history for treatment exception applies only to statements by minors describing an act or attempted act of abuse or neglect -description of last physical condition doesn’t need to be made for medical purposes -ancient documents authentication exception is 30 years not 20 -trade inscriptions and certified business records are not self authenticating -communications between parties in a privileged relationship presumed confidential -ac privilege doesn’t survive client, it ends with that estate being wrapped up -ac privilege for entities doesn’t require that employee speaking have been explicitly authorized, must just be the type of person you would expect -no privilege of any kind applies to statements one reasonable believes their disclosure is necessary to prevent death or serious bodily injury to someone -physician-patient privilege exists -judge has a duty to sua sponte take judicial notice of facts generally known -accountant-client privilege exists -professional journalist privilege exists

Answer 348

1. Criminal case 2. Confidential communication between spouses 3. Regarding matters that took place before or during the marriage

Answer 349

A spouse can choose not to testify agains their spouse

Answer 350

Monetary relief=personally suffered injury Injunctive/declaratory relief=likelihood of future harm

Answer 351

Dollars and cents, economic harm

Answer 352

-close relationship -injured party is unlikely to assert their own rights -organizational standing

Answer 353

1. Members have standing 2. Interests germane to purpose 3. No need for individual participation

Answer 354

Question says “citizen” or taxpayer is suing gov

Answer 355

An event after the plaintiff filed ends their injury.

Answer 356

1. Standing 2. Mootness 3. Ripeness 4. Political questions 5. Cannot enjoin state proceedings

Answer 357

Appellate review goes directly to scotus automatically

Answer 358

Scotus has original jurisdiction

Answer 359

No independent and adequate state law ground supports the decision

Answer 360

-States may be sued in federal court by citizens under laws made by congress that allow for suits to enforce the fourteenth amendment -states can be sued in bankruptcy court -states may be sued under laws congress promulgated pursuant to the army/navy clause

Answer 361

-in their personal capacity -in their official capacity for injunctive relief -in their official capacity for money damages where the state treasury would not pay the damages

Answer 362

The states

Answer 363

-military -Indian land -federal lands and territories -dc MILD

Answer 364

-make treaties with senate ratification -make executive agreements with other countries -decide whether and how to recognize foreign governments -decide who to allow into the country -use American troops in foreign countries

Answer 365

1. Constitution 2. Treaty/federal law whichever is later in time 3. State law

Answer 366

1. Contrition 2. Federal law 3. Executive agreement 4. State law

Answer 367

1. Choose potus wins because political question 2. Choose potus wins because broad powers as commander in chief

Answer 368

-nominate ambassadors, federal judges, and officers of the US -appoint anyone else Congress gives potus power to appoint -pardon federal criminal convicts

Answer 369

-when they explicitly say they do -a federal law and a state law cannot be logically rectified, they must be mutually exclusive -the state law impedes the achievement of the federal objective -congress evinced a clear intent for preemption even though they didn’t make it explicit (basically, immigration law) -any state or local tax that would end up being paid out of the federal treasury is preempted

Answer 370

-California can set stricter air quality standards -michigan can set stricter water quality standards

Answer 371

The dormant commerce clause

Answer 372

-congressional approval -state or local gov is merely acting as a market participant and favoring its citizens, which basically boils down to state universities charging more in tuition to out of state residents and a state owned factory charging more for out of state products than in state

Answer 373

1. States cannot use tax systems to favor in state businesses 2. States may only tax activities that have a substantial nexus to the state

Answer 374

Is it fairly apportioned?

Answer 375

The 13th amendment prohibits slavery

Answer 376

Gov doesn’t act directly but affirmatively authorizes or enables action that, if they did it, would violate con rights. For the bar, just go with: this is triggered if congress’s action resulted in race discrimination

Answer 377

1. Read the call 2. Determine civil or criminal proceeding 3. Determine where we are (eg cross, direct, etc.) 4. Determine the purpose for which the evidence is being offered 5. Analyze and answer the question in your head 6. Choose the answer most similar to the answer in your head

Answer 378

Simple relevance

Answer 379

Very, so as to be a modus operandi.

Answer 380

The procedures the government must follow when it takes away someone’s life, liberty, or property

Answer 381

Whether the government has an adequate reason for taking away somebody’s life, liberty, or property.

Answer 382

Whether the government has an adequate reason for differences in treatment of people.

Answer 383

1. Notice and a hearing 2. Emergency 3. Parental consent and screening by a neutral fact finder

Answer 384

1. Person has an entitlement 2. That entitlement is not fulfilled

Answer 385

When there is a reasonable expectation to continued receipt of a benefit.

Answer 386

Normal circumstances = recklessness or above Emergency circumstances = shocks the conscience

Answer 387

Notice and a hearing

Answer 388

Post termination hearing

Answer 389

1. Notice of charges 2. Opportunity to explain

Answer 390

1. Notice 2. Hearing

Answer 391

1. Jury instructions 2, judicial review to ensure reasonableness

Answer 392

1. Notice of charges 2. Meaningful factual representation

Answer 393

Notice + hearing OR Exigent circumstances

Answer 394

-takings -second amendment

Answer 395

1. Possessory. 2. Regulatory.

Answer 396

Government confiscation or physical occupation of property.

Answer 397

When government action leaves no reasonable economically viable use of property.

Answer 398

1. Government taking. 2. Not for public use. OR 1. Government taking. 2. For public use. 3. Without just compensation.

Answer 399

Where the government acts out of a reasonable belief that the taking will benefit the public.

Answer 400

Not unless it’s egregious.

Answer 401

1. State or local gov action. 2. Interfering with. 3. A then existing contract. 4. Resulting in a substantial impairment of rights under that contract. 5. Not narrowly tailored to serve an important government interest.

Answer 402

1. State or local gov action. 2. Interfering with. 3. A government contract. 4. Does not meet strict scrutiny.

Answer 403

Criminal cases only.

Answer 404

A law that criminally punished conduct that was lawful when it was done or that increases the punishment for a crime after it was committed.

Answer 405

If it fails rational basis review.

Answer 406

A law that directs the punishment of a person or people without trial.

Answer 407

1. There is a right to have guns in the home for security 2. Laws that condition haven’t guns outside the home and getting a permit are unconstitutional if government officials have discretion in issuing the permit 3. Regulations of firearms are all governed by historical analysis, the regulations must be of the type historically allowed. 4. All that said, guns can be prohibited in sensitive places (courthouses and schools), by dangerous people (such as felons), and certain particularly dangerous guns can be banned, BUT whether the minor premise fits any of these major premises is determined by historical analysis.

Answer 408

1. What’s the right level of scrutiny? 2. Apply it.

Answer 409

1. How is the line being drawn? 2. What level of scrutiny? 3. Apply it.

Answer 410

-state and local: 14th’s explicit clause -federal: implied in 5th’s due process clause

Answer 411

Race can be used in college admissions to achieve diversity if there’s no other way to achieve diversity.

Answer 412

Strict scrutiny.

Answer 413

It either 1. Restricts a certain speech topic (this is subject matter restriction), OR 2. Restricts a certain message ideology (this is viewpoint restriction.)

Answer 414

Intermediate scrutiny

Answer 415

Strict scrutiny

Answer 416

A reasonable person cannot tell what speech is prohibited and what is permitted.

Answer 417

It regulates substantially more speech than the constitution allows to be regulated.

Answer 418

Yes so long as not done with the intent to threaten.

Answer 419

Strict scrutiny

Answer 420

ONLY where The offeror unambiguously indicates that this works

Answer 421

-identity and price of land -quantity of goods -duration of employment and nature of the work to be performed

Answer 422

Reasonable price upon delivery

Answer 423

Reasonable time

Answer 424

Good faith

Answer 425

1. However the offeror said they can. 2. The offeror tells the offeree directly. 3. Publication through comparable means. 4. Indirect communication via reliable source that would indicate to a reasonable person that the offer has been cancelled. 5. No acceptance within time specified or reasonable time upon receipt. 6. The subject matter is destroyed or becomes illegal. 7. Either party dies or becomes insane.

Answer 426

When received, unless it is a revocation by publication, then upon publication.

Answer 427

When it comes into the recipient’s possession.

Answer 428

Limits a merchant from revoking offers where they made that offer, to buy or sell goods, in singed writing and gave assurances it would be vendors open for X days (if they gave no time then a reasonable time).

Answer 429

Seller’s place of business

Answer 430

1. Contract to buy goods from a merchant dealing in the goods that make them a merchant 2. Title was not good, transfer was not rightful, or some sort of lien or encumbrance upon the goods existed.

Answer 431

1. Contract to buy goods from a merchant dealing in those goods 2. Buyer did not furnish specs for those goods 3. The foods were subject to some sort of IP infringement claim or infringed someone else’s IP

Answer 432

With consideration OR 1. Modification due to circumstances unanticipated by the parties at the time of contract formation 2. Modification is fair and equitable

Answer 433

Whichever the offeror receives first controls.

Answer 434

Action must be: 1. Neutral with regard to religion. 2. In accord with history and faithfully reflects the founding father’s understanding

Answer 435

As a test of arbitrariness.

Answer 436

Virtually equivalent.

Answer 437

1. Read the call 2. Determine the subject (skim answer choices ONLY if necessary) 3. Read the facts and answer the question and why in your head 4. Read the answers and choose the answer that best matches my answer

Answer 438

1. Determine the parties 2. Determine who is taking action (if not state actor, NO CON PROBLEM except if slavery) 3. Determine who is affected by the action 4. Determine the sub-area of con law being tested 5. Recall the applicable test

Answer 439

Last in time.

Answer 440

Unconstitutional. Must pass strict scrutiny.

Answer 441

1. Article IV privileges AND immunities clause prohibits states from discriminating against out of state people for economic interests 2. 14th amendment privileges OR immunities clause prohibitive states from denying their OWN citizens rights guaranteed by the constitution

Answer 442

A contract or policy that provides for continued work or a time period of work that hasn’t ended yet

Answer 443

Valid if generally applicable. Invalid if it specifically targets religious practices.

Answer 444

1. Written contract? If not, parol evidence rule doesn’t apply. 2. Is a party trying to introduce evidence of a prior or contemporaneous agreement? If not, parol evidence rule doesn’t bar it. 3. Is the party trying to use that evidence as a defense against formation? If so, parol evidence doesn’t bar it. 4. Is the party trying to use that evidence to correct a typo or clerical error? If so, parol evidence doesn’t bar it.

Answer 445

Mere puffery.

Answer 446

Substantial.

Answer 447

Strict compliance.

Answer 448

Objective reasonableness except for art and other matters of personal taste, then subjective preference.

Answer 449

Perfect tender.

Answer 450

Options contracts. Instead, acceptance is effective upon offeror’s receipt of acceptance.

Answer 451

A firm offer has to come from a merchant and be in writing, but no consideration for it is necessary. An option contract does not need to come from a merchant or be in writing, but the offeree must give consideration for the offeror to hold the option open.

Answer 452

Simple relevance (401) Legal relevance (403 or 352 in california)

Answer 453

The party against whom enforcement is sought admits the contract’s existence in court.

Answer 454

1. “Specially manufactured” goods not suitable for resale in the seller’s ordinary course of business 2. Seller has made substantial beginning of their manufacture or commitments for their procurement

Answer 455

Conveyance and payment that cannot be a lease.

Answer 456

Try to see if there’s a way to construe it as a promise to pay at a particular time.

California Bar Flashcards

(518 cards)