Flashcards MBE and Essays

Question 1

what are consequential damages?

Answer 1

compensatory damages and lost profits that are foreseeable at the time of a contract

Question 2

Even when party breaches a contract, he may still receives damage for ___________.

Answer 2

any unjust enrichment to the nonbreaching party

Question 3

Warranty of merchantability. A seller of goods warrants that the goods it sells are of ___________ and quality of the type of goods and are suitable for their ______.

Answer 3

average character, usual use

Question 4

the court frown upon ouster from ___________ .

Answer 4

residential homes

Question 5

In most states, the _______ of land bears the risk of loss between the contract date and the _______.

Answer 5

purchaser, closing

Question 6

A __________ occurs when a tenant conveys less than her entire interest to another party, whereas an __________ occurs when a tenant conveys her entire interest to an assignee.

Answer 6

sublease, assignment

Question 7

When a tenant sub-leases an interest to a sub-tenant, that tenant remains liable to the ________ for rent, while the sub-tenant is liable to the ___________.

Answer 7

landlord, original tenant

Question 8

Is it necessary to always have the person made the business record to authenticate the business record?

Answer 8

No, it can be authenticated by any employee that the record is what it purports to be.

Question 9

The attorney-client privilege has been waived when statements are made in front ________ .

Answer 9

of a third party.

Question 10

Admissions by party-opponents are defined as ________ .

Answer 10

nonhearsay

Question 11

The expert must base his opinion in facts that an expert _______________.

Answer 11

in his field would ordinarily consider

Question 12

The judge is in control of evidence that is introduced and may exclude such evidence based on __________.

Answer 12

the discretionary evidence standard

Question 13

Lawyers are permitted to testify against clients when involved with litigation against clients ______________ .

Answer 13

subject matter of the testimony relates to the litigation.

Question 14

The Fourth Amendment protects only against unreasonable searches and seizures by the government conducted against an interest in which a person ____________.

Answer 14

has a reasonable expectation of privacy

Question 15

The automobile exception holds that a government actor may search an automobile without a warrant provided the officer has __________ .

Answer 15

probable cause

Question 16

The plainview exception holds that a warrant is not needed and the resulting seizure is not violative of the Fourth Amendment if ___________ ,

Answer 16

government actor sees evidence of criminality from a place where he lawfully situated

Question 17

The first prong of the Lemon test is whether the government action has a __________.

Answer 17

secular purpose

Question 18

If a regulation explicitly burdens religion then it triggers what standard of review?

Answer 18

strict scrutiny

Question 19

To be an accessory to a crime, the D must have ______________ .

Answer 19

the intent to aid the principal in commission of the crime.

Question 20

Intent to trespass action, intent to trespass is _________ , only intent to ______________.

Answer 20

not required, enter upon the land

Question 21

Only a minority of states require that a person pay taxes __________ .

Answer 21

for an adverse possession claim

Question 22

When a claimant goes into actual possession of some portion under color of title, then he will be deemed __________.

Answer 22

to be in possession of the entire property

Question 23

When does a disability toll of the statute for determining an adverse possession action?

Answer 23

never

Question 24

A general warranty deed grants six covenants of title: ______. CAQESW

Answer 24

seisin, convey, against encumbrances, quiet enjoyment, further assurances, general warranty

Question 25

Deadly force is only available to police where __________ .

Answer 25

D is significant threat or death or serious physical injury to officer or others.

Question 26

If document is unavailable, but central to the issue before the court, then judge must find that _________.

Answer 26

Document is unavailable through no fault of the proponent.

Question 27

3rd parties to contract. Prior to vesting, the original parties may ________ or _________ the 3rd party beneficiary’s rights.

Answer 27

modify, rescind

Question 28

If the obligor is not informed of an assignment then whom must he pay?

Answer 28

the assignor/obligee

Question 29

The general is that where a stream is a boundary, abutting owners _________.

Answer 29

each own one half of the stream bed.

Question 30

A two-thirds senate vote is required for what kind of acts?

Answer 30

treaties

Question 31

shelter rule only applies when the bona fide purchasers purchases a property __________.

Answer 31

for value

Question 32

Proximate cause requires that a person’s actions must have been ___________

Answer 32

foreseeable

Question 33

A statute is able to establish the ______________ in a negligence action.

Answer 33

standard of care

Question 34

At common law, withdrawal ___________ a valid defense.

Answer 34

was not

Question 35

A statement may be offered to _______ or for its ___________.

Answer 35

impeach, substance

Question 36

804 exceptions. 4 exceptions when declarant is unavailable. FADP

Answer 36

Dying declaration, Statement against interest, former testimony, statement of pedigree

Question 37

Name the three types of character evidence.

Answer 37

Reputation, opinion, specific acts

Question 38

Issues about the authenticity of a writing will be decided by the _________ , while issues of whether a writing should be admitted will be decided by the _________ .

Answer 38

jury, judge

Question 39

How do court handle the right of the press not to disclose their sources?

Answer 39

Weigh the interests between public interest in information and the interest in obtaining truthful litigation.

Question 40

Court regard the threshold for relevant evidence to be ____________.

Answer 40

extremely low

Question 41

Evidence subjects: PROPHES

Answer 41

probative, reliability, opinion, privilege, hearsay. examination, substitutes

Question 42

Privileged communication include only _________, and not observations or _________.

Answer 42

verbal communications, impressions

Question 43

nonhearsay includes ____________.

Answer 43

admissions, prior identifications, prior inconsistent statements and prior consistent statements meant to rehabilitate.

Question 44

Evidence of an offer to plead guilty in __________ .

Answer 44

inadmissible, as well as pleas that were later withdrawn.

Question 45

Evidence of any compromise negotiations is _______________ to prove __________.

Answer 45

inadmissible, the value of the claim

Question 46

Federal rules of evidence abandon ____________ which disqualifies witnesses that have a financial stake in the outcome of a civil suit where the opposing party has died.

Answer 46

dead man’s rule