Essay Question Rules (ADD NEW ONES HERE)

Question 1

Generally, under the common law, every contract requires _____ to be enforceable, and any modification to a contract requires _____. [Exception exists]

Answer 1

Consideration, Consideration

Question 2

What is Consideration?

Answer 2

Consideration is a bargained-for exchange of something of legal value.

Question 3

What is the preexisting duty rule?

Answer 3

Promise to perform a legal duty already owed to a promisor is not consideration.

Question 4

Can parties mutually rescind a contract and enter into a new contract at a different price? y or no and explain.

Answer 4

Yes, you can rescind and enter into a new one but changing an original contract is not necessarily rescinding a contract.

Question 5

Under Article 2, are contract modifications binding without consideration?

Answer 5

Yes, they are as long as they are sought in good faith. (often a legitimate commercial reason for modification)

Question 6

Explain the duress exception in regard to altering an existing contract.

Answer 6

A contract can be voided based on duress when a party’s assent to a contract is induced by an improper threat by the other party that leaves the victim no reasonable alternative.

Question 7

What is economic duress?

Answer 7

1. the party threatens to commit a wrongful act that would seriously threaten the other contracting party’s property or finances. 2. there are no adequate means available to prevent the threatened loss.

Question 8

The First Amendment generally prohibits the government from restricting the _____ of speech unless the government can prove ______________________. (Exceptions apply)

Answer 8

Content, the restriction is necessary to achieve a compelling government interest.

Question 9

Categories of speech that are not protected by the First Amendment include:

(answer may need editing)

Answer 9

Words that incite imminent lawless action and “fighting words”

Question 10

Regulation of speech _____________ if it is over broad. Explain.

Answer 10

will not be upheld; won’t be upheld if it prohibits substantially more speech than is necessary. Must be narrowly tailored and specific. If broad, then unconstitutional and not upheld.

Question 11

How can a plaintiff establish ripeness?

Answer 11

1. Showing the issues are fit for a judicial decision(not uncertain / future events), and
2. the plaintiff would suffer substantial hardship in the absence of review(the more hardship the better).

Question 12

The Supreme Court has original jurisdiction in all cases affecting ______, ______, _______, and those in which ___________.

Answer 12

Ambassadors, public ministers, consuls, and those in which a state is a party. Lower federal courts have concurrent jurisdiction in all cases other than states as a party.

Question 13

Under the spending power, Congress can impose conditions on the grant of money to state or local governments. Such conditions are valid if they are (1) _____ (2) ______ (3)_____ and (4) ______.

Answer 13

Clearly stated, relate to the purpose of the program, are not unduly coercive, and do not otherwise violate the constitution.

Question 14

Most federal taxes will be upheld if they bear some ___________________ or to the promotion of the general welfare.

Answer 14

reasonable relationship to revenue production.

Question 15

If a state law burdens an important commercial activity or fundamental right, it will be invalid unless ___________________.

Answer 15

The law is necessary to achieve an important government purpose and there are no less restrictive means available.

Question 16

Strict scrutiny standard:

Answer 16

The law is upheld if it is necessary(the least restrictive means) to achieve a compelling government purpose.

Question 17

Intermediate Scrutiny:

Answer 17

Law is upheld if it is substantially related to an important government purpose.

Question 18

Rational Basis:

Answer 18

law is upheld if it is rationally related to a legitimate government purpose.

Question 19

What must a public figure show when bringing a defamation claim?

Answer 19

Actual malice = statement made with knowledge of its falsity or with reckless disregard of its truth

Question 20

What is invasion of privacy?

Answer 20

Includes publishing private information about a person that would be objectionable to a reasonable person

Question 21

In invasion of privacy context, what happens if the matter at issue is one of public concern?

Answer 21

The publication is privileged absent actual malice (knowledge of falsity of reckless disregard for the truth)
This is especially true if the information was obtained legitimately (such as a picture taken in public)

Question 22

Details of a gratuitous assignment of a contract

Answer 22

A gratuitous assignment is enforceable even when there is not writing and no consideration present. However, a gratuitous assignment is revocable (but can be estopped from revoking if it was reasonably foreseeable that the assignee would detrimentally rely and the assignee did detrimentally rely)

Question 23

Are costs of breaching party relevant?

Answer 23

NO

Question 24

When do rights of a third party beneficiary vest (and therefore third party can enforce the contract)?

Remember: a modification of a contract can take place without third party’s consent as long as 3Ps rights have not vested

Answer 24

1) when the third party manifests assent in the way invited or requested by the contracting parties; 2) when the third party learns of the contract and detrimentally relies on it; OR 3) the third party brings a legal action to enforce the contract (before the modification took place)

Question 25

What are all the specific intent crimes?

Answer 25

Solicitation, conspiracy, attempt, first degree premeditated murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery. Remember: Students Can Always Fake A Laugh Even For Ridiculous Bar Facts. HAHAHAHAHAHAHA

Question 26

To be valid, a deed must:

Answer 26

1. Be in writing.
2. Sufficiently describe the land.
3. Identify the grantor and grantee
4. evidence an intention to convey the land
5. signed by grantor

Question 27

How can one establish title by adverse possession?

Answer 27

1. must be actual and exclusive
2. open and notorious
   3 adverse
3. continuous throughout the statutory period.

Question 28

What is the substantial step test?

Answer 28

Courts must weigh whether the defendant took some step beyond mere preparation towards completing the crime. A sufficient step towards completing the crime.

Question 29

Explain the “Fruit of the poisonous tree doctrine”

Answer 29

All evidence obtained from the exploitation of the unconstitutionally obtained evidence must also be excluded unless the cost of excluding the evidence outweigh the deterrent effect exclusion would have on police misconduct.

Exceptions include:

Evidence obtained from a source independent of the original illegality
Evidence for which the connection between the unconstitutional police conduct and the evidence is remote or has been interrupted by some intervening circumstance, so that the causal link between the misconduct and evidence is broken.

Question 30

Common law requires four unities to create a joint tenancy, what are they?

Answer 30

1. Joint tenants must take their interests at the same TIME.
2. By the same TITLE.
3. with IDENTICAL, equal INTERESTS and,
4. with rights to POSSESS the whole.

T-TIP

Question 31

What are the requirements for incorporation by reference for a will?

Answer 31

1. The will manifests an intent to incorporate the document
2. The document is in existence at the time the will is executed; and
3. the document is sufficiently described in the will.

Question 32

What is a republication by Codicil?

Answer 32

Codicil modifies a previously executed will and must itself be executed with the same formalities. Under this doctrine, the will and codicil are treated as one instrument speaking from the date of the last codicil’s execution.

Question 33

5 elements of express trust

Answer 33

1. a settlor with capacity to convey
2. present intent to create a trust relationship
3. competent trustee with duties
4. a definite beneficiary
5. the same person is not the sole trustee and sole beneficiary