FINAL REVIEW 1-22

Question 1

Theft Crimes

Answer 1

Larceny - Taking is tresspassory/wrongful
Embezzlement - Taking is not trespassory

BOTH BELOW REQUIRE:
False representation of past or present material fact
Larceny by Trick - Possession not title (Ask to borron pen but take it)
False Pretenses - Possession and title (replaced ticket on jacket so its cheaper)

Question 2

Inherently Dangerous Felones

Answer 2

BARRK
Burglary
Arson
Rape
Robbery
Kidnapping

Question 3

Felony Murder Theories*

Answer 3

Agency Theory - Majority - Co felon is guilt of felony murder only where killing is cause by co-felon

The use of a civilian as human shield put the civilian in harms way and therefore the criminal participants will be held liable

Redline Theory - Minority - Felony murder does not apply when person killed is co-felon

Question 4

Firefighter’s Rule

Answer 4

Public safety officers are prohibited from tort recovery for personal injuries suffered while in the line of duty

Rule does NOT APPLY as shield to protect police.

Usually not the rule. Take note of adjectives like (embarrassed, careless) - show failure of standard of care)

Question 5

Anti-Assignment Clause

Answer 5

Dumper’s Rule - A condition against assignment is “entire and indivisible” and having once been waived, cannot be enforced against. HOWEVER this does not apply to one time waiver.

Landlord can sue person who is in Privity of K (person who contracted) and Privity of Estate (person who is staying)

Question 6

When are leading questions okay? Q4

Answer 6

1. On Cross
2. Hostile or Adverse witness
3. Questioning children
4. Refreshing a witness
5. Preliminary background matters

Question 7

Character Evidence - Civil Case - Q5

Answer 7

Admissible where character is “in issue”

1. Defamation - Plaintiff
2. Child Custody - Parents
3. Negligent Entrustment - Entrustee
4. Negligent Hiring - Employee

Can use Reputation, Opinion or Specific Acts

Question 8

When does Miranda apply? - Q6

Answer 8

When you are in custody AND interrogation

Question 9

Rights of a Grantee - Q7

Answer 9

A grantee who “assumes” a mortgage is PERSONALLY LIABLE

A grantee who takes “subject to” the mortgage is not personally liable

Question 10

Mortgage Priority - Q7

Answer 10

Individual with first priority in regards to mortgage has ability to foreclose in order to settle his interest in the case of default

Question 11

Deed Types - Q9

Answer 11

Quitclaim Deed - No warranties

Special Warranty Deed - Free of defects from grantor

General Warranty Deed - Guaranteeing title free of defects created by grantor and all prior titleholders

Question 12

6 Covenants of Title - Q9

Answer 12

3 Present (Do NOT run with land)

1. Covenant of Seisin - Assurance that the seller is rightful owner of the property
2. Covenant of right to convey - Seller is legally entitled to transfer the property to the buyer
3. Covenant against encumbrances - Promise land is owned free and clear (adverse possession is not encumbrance)

3 Future (Do run with land)

1. Quiet Enjoyment - Assurance buyer’s right to possession will not be impacted by a third-party’s claim.
2. General Warranty - Similar to quiet enjoyment. Promise grantor will defend against title claims by third parties
3. Further assurances - Promise grantor will do whatever is reasonably necessary to help grantee perfect title if needed.

Question 13

Liquidated Damages Clause validity

Answer 13

Not valid and void if:

1. damages are difficult to determine at the time of K formation or
2. Stipulated amount is unreasonable and actually a penalty

Question 14

Modification

Answer 14

Under UCC - Requires only Good Faith

Common Law - Requires new consideration under “Pre-existing duty” rule

Question 15

Statute with Discriminatory purpose that is Neutral on its face burden

Answer 15

Plaintiff must show:
1. Discriminatory effect AND 
Discriminatory purpose (to raise burden to strict) 

To find Discriminatory Purpose look for:

1. On its face
2. In its application

Question 16

Is rescuer covered under Doctor-Patient privilege -Q13

Answer 16

No

Question 17

Identification Proceedings - Q15

Answer 17

Photo Arrays - No right to counsel

Lineup/Showup - Right to counsel in post-charge lineups

Due process attack on identification - Unnecessarily suggestive AND creates substantial likelihood of misidentification

Remedy: Exclusion unless independent source

Question 18

Voluntary Dismissal

Answer 18

Plaintiff may dismiss action by filing notice to dismiss before answer or motion for SJ.

If the plaintiff previously dismissed any federal or state court action based on or around the same claim, dismissal will be adjudication on the mertis

Question 19

Right to jury

Answer 19

7th amendment provides right to civil jury trial

Requires service with a written demand - no longer than 14 days after last pleading

Question 20

Best Evidence Rule -Q19

Answer 20

Applies when “contents are at issue”

1. Testimony is reliant on writing not someone’s personal knowledge OR
2. Writing has independent significance

Usually a wrong answer

Can use secondary sources if original is unavailable without fault of the parties

Question 21

Commandeering of the States

Answer 21

Congress may not commandeer (force) the states to enact or enforce a federal regulatory program

TIP - Generally Congress uses spending power to coerce states to do things