deck P (MBE EXTRA SUBJECTS AND MISSED)

Question 1

2

REMOVAL JURISIDICTION

Answer 1

1. DEFENDANT’S RIGHT
2. TO REMOVE CASE FROM STATE COURT TO FEDERAL COURT

Question 2

3

RULE 11 - FEDERAL COURT - A PARTY PRESENTING FILING ANY PAPER CERTIFIES/WARRANTS THAT THE FILING

Answer 2

1. IS NOT FOR AN IMPROPER PURPOSE
2. LEGAL CONTENTS ARE WARRANTED BY EXISTING LAW
3. OR CONTAIN AN ARGUEMENT FOR MODIFYING LAW

Question 3

3

RULE 11 - FEDERAL COURT - FILING PARTY CERTIFIES EVERY PAPER FILED WITH COURT HAS EVIDENTIARY SUPPORT FOR

Answer 3

1. ITS CONTENTIONS/ARGUMENTS
2. ITS DENIAL OF OTHER PARTY’S CONTENTIONS
3. OR REASONABLE BASIS FOR DENIAL BASED ON LACK OF INFORMATION OR BELIEF

Question 4

2

RULE 11 - FEDERAL COURT PENALTIES FOR VIOLATION - SANCTIONS INCLUDE

Answer 4

1. MONETARY PENALTIES
2. NONMONETARY DIRECTIVES

Question 5

2

RULE 11 - THE MATTER OF VIOLATION MAY BE RAISED BY

Answer 5

1. THE COURT
2. OPPOSING PARTY

Question 6

2

TIMING REQUIREMENTS FOR 26F CONFERENCE

Answer 6

1. AT LEAST 21 DAYS BEFORE 16B CONFERENCE
2. DISCOVERY PLAN MUST BE SUBMITTED WITHIN 14 DAYS OF CONFERENCE.

Question 7

3

FEDERAL - OBJECTIONS TO JURY INSTRUCTIONS REQUIREMENTS

Answer 7

1. ON THE RECORD
2. DONE WHEN COURT GIVES OPPORTUNITY TO DO SO
3. OR AFTER LEARNING INSTRUCTION WILL BE INCLUDED OR OMMITTED

Question 9

2

REMAINDER INTEREST (TRUSTS)

Answer 9

1. A FUTURE INTEREST
2. IN THE PROPERTY LEFT IN TRUST AFTER DEVISES ARE GIVEN TO THE INTENDED BENEFICIARIES

Question 10

2

INTER VIVOS DISPOSAL OF PROPERTY THROUGH POUR OVER REQUIREMENT - TRUST MUST BE

Answer 10

1. CLEARLY IDENTIFIED IN THE WILL
2. EXECUTED BEFORE/CONCURRENTLY WITH THE WILL

Question 11

2

INTER VIVOS TRUST - POUR OVER TO WILL - TRUST MAY BE

Answer 11

1. AMENDED OR REVOKED AFTER EXECUTION OF THE WILL
2. UNFUNDED DURING GRANTOR’S LIFETIME

Question 12

3

LOGICAL RELEVANCE - EVIDENCE IS LOGICALLY RELEVANT WHERE IT

Answer 12

1. TENDS TO MAKE THE EXISTENCE OF ANY FACT OF CONSEQUENCE
2. MORE OR LESS PROBABLE
3. THAN IT WOULD BE WITHOUT THE EVIDENCE

Question 13

2

LIMITATIONS ON RELEVANCE

Answer 13

1. DISCRETIONARY EXCLUSION
2. PUBLIC POLICY EXCLUSIONS

Question 14

5

PUBLIC POLICY EXCLUSIONS TO LEGAL RELEVANCE

Answer 14

1. EVIDENCE OF LIABILITY INSURANCE
2. SUBSEQUENT REMEDIAL MESAURES
3. SETTLEMENT OFFERS
4. GUILTY PLEAS WITHDRAWN
5. OFFERS TO PAY MEDICAL EXPENSES

Question 15

2

TO QUALIFY AS A HABIT, CONDUCT MUST BE

Answer 15

1. HIGHLY SPECIFIC
2. FREQENTLY REPEATED

Question 16

2

CRIMINAL CASES - RAPE - SPECIFIC INSTANCES OF VICTIM’S CONDUCT ARE ONLY ADMISSIBLE TO SHOW

Answer 16

1. THIRD PARTY IS THE SOURCE OF INJURY
2. PRIOR ACTS OF CONSENSUAL INSTERCOURSE BETWEEN D AND ALLEGED VICTIM

Question 17

3

RIGHT TO ADEQUATE ASSURANCE - WHERE REASONABLE GROUNDS ARISE WITH RESPECT TO THE PERFORMANCE - A PARTY MAY

Answer 17

1. DEMAND ADEQUATE ASSURANCE IN WRITING
2. SUSPEND PERFORMANCE UNTIL ASSURANCE IS RECEIVED
3. REPUDIATE CONTRACT AFTER 30 DAYS OF NO RESPONSE TO DEMAND

Question 18

2

UNDER FRCP, A MENTAL OR PHYSICAL EXAMINATION IS APPROPRIATE WHERE

Answer 18

1. GOOD CAUSE EXISTS FOR THE EXAMINATION
2. PARTY’S MENTAL OR PHYSICAL STATE IS AT ISSUE

Question 19

3

UNDER FRCP, GOOD CAUSE EXISTS FOR AN EXAMINATION WHERE

Answer 19

1. LOGICAL RELEVANCE
2. LEGAL RELEVANCE
3. EXAMINATION NOT OVERLY INSTRUSIVE

Question 20

2

RULE 19 EVALUATION FACTORS

Answer 20

1. REQUIRED JOINDER IF FEASIBLE (19A)
2. SHOULD CASE BE DISMISSED IF JOINDER NOT FEASIBLE? (19B)