FINAL REVIEW 23-40

Question 1

Buyer’s Remedy for non-conforming Goods

Answer 1

If buyer accepts goods from seller, even if they are not conforming, he must pay K rate.

Question 2

What must Judge do prior to sanction

Answer 2

Judge must issue show cause order before the claims were settled or voluntarily dismissed.

Question 3

Taking

Answer 3

A regulation that denises the owner the reasonable econmically viable use of his land

TIP - Taking-Gov is P
TIP - Inverse Condemnsation - Gov is D

Question 4

“Public Use” Requirement

Answer 4

Burden on the government to show the measure is rationally related to any conceivable purpose

To qualify as a public purpose the property does not have to be held out for use by the general public, just benefit them generally.

Question 5

Statutory Redemption

Answer 5

The mortgagor’s right to pay off the debt based on a statutory period following the foreclosure sale.

Equitable right to redeem before foreclosure afterwards there is the statutory right to redeem if it exist.

You cannot waive equitable right to redeem

Question 6

Reformation

Answer 6

Requires an antecedent valid agreement that is incorrectly reflected in the writing, and is established by clear and convincing evidence.

TIP - Remedy is enforcement of parties agreement versus recession where contract is voided

TIP - Parol evidence rule inapplicable to reformation.

Question 7

Parol Evidence Rule

Answer 7

Once the parties have reduced their agreement to a writing, evidence of any prior oral or written or contemporaneous oral or written or contemporaneous oral agreements is inadmissible to alter, vary, or contradict the terms of the writing.

Partial Integration (No merger clause) allows for extrinsic evidence to supplement terms

Does not exclude:

1. extrinsic evidence concerning the formation of the K
2. Oral agreement reached after parties entered into written agreement
3. Occurrence of condition precedent

Question 8

Seller’s Right to Cure - UCC 2-508

Answer 8

Where the time for performance has passed….if the seller has reasonable grounds to believe the tender would be acceptable the seller may, if her seasonably notified the buyer, have a further reasonable time to substitute a conforming tender.

Question 9

Trespass

Answer 9

Damages are required for nelgigent, reckless, or strict liability tresspass

Not for intentional trespass

Question 10

Personal Jusrisdiction - Minimum Contacts

Answer 10

Systematic and continuous contact with the forum - MAJORITY

Factors:
1. Quantity of contacts in state
2. Nature and quality of those contacts
3. The connection or relationship between the contacts and the cause of action
4, the state’s interest in providing a forum, and
5. The relative convenience of the parties.

Question 11

Contracts Clause

Answer 11

Prevents the states from retroactively impairing the obligation of an exiting public or private contract.

TIP - Ex Post Facto - Criminal law

Question 12

Incohate Crimes Requirement

Answer 12

Person must have specific intent to do that particular crime

Question 13

Burden for Affirmative Offenses

Answer 13

Defendant must show beyond preponderance of the evidence

Question 14

Specific Intent Crime (Act and Outcome found together) - SCAR BAFFLEV

Answer 14

SCAR BAFFLE

1. Solicitation
2. Conspiracy
3. Attempt
4. Robbery
5. Burglary
6. Assault
7. False Pretenses
8. First Degree Murder
9. Larceny
10. Embezzlement
11. Voluntary Manslaughter

Question 15

General Intent Crimes

Answer 15

1. Rape
2. Arson
3. Battery
4. Involuntary Manslaughter
5. Depraved Heart Murder
6. Kidnapping
7. False Imprisonment

Question 16

Voluntary Manslaughter - Intentional Killing

Answer 16

Murder mitigated either by:

1. Adequate provocation (objective)
2. Mistaken justification (imperfect self-defense)

Question 17

FRE 403 - Balancing Test

Answer 17

Court can exclude relevant evidence if probative value is substantially outweighed by prejudicial effect

Question 18

Confrontation Clause

Answer 18

Requires that in criminal case where the declarant is available:

“Testimonial” evidence is only allowed when Defendant has opportunity to cross-examine accuser.

Testomonial - Where primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution.

911 Call - Not testimonial it is meant to get help.

However, once they get to the scene and start questioning, testimony is being taken.

Question 19

Venue

Answer 19

A civil action may be brought in:

1. Judicial district in which any defendant resides, if all defendants are residents of the state where district is located;
2. Judicial district in which a substantial part of the events, omissions, or property involved in the claim are situated.
3. Judicial district where the parties consent to venue.

Question 20

Defense of Others

Answer 20

Actor need only have a reasonable belief that the person aide would have the right of self-defense - Majority

TIP - Stands in the shoes is often trap answer

Question 21

Deed Absolute (Equitable Mortgage) and Right to Convey

Answer 21

A deed absolute intended as security is construed as a mortgage, NOT a conveyance, and does not cut off right of redemption

TIP - Cannot waive equitable right of redemption OR Foreclosure

Question 22

Fixtures

Answer 22

Non-movable, affixed items on the property.

Factors for Fixtures:

1. Is it custom
2. Is it permanently attached to property
3. Is it highly valuable?