Flashcards MBE and Essays
what are consequential damages?
compensatory damages and lost profits that are foreseeable at the time of a contract
Even when party breaches a contract, he may still receives damage for ___________.
any unjust enrichment to the nonbreaching party
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 ______.
average character, usual use
the court frown upon ouster from ___________ .
residential homes
In most states, the _______ of land bears the risk of loss between the contract date and the _______.
purchaser, closing
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.
sublease, assignment
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 ___________.
landlord, original tenant
Is it necessary to always have the person made the business record to authenticate the business record?
No, it can be authenticated by any employee that the record is what it purports to be.
The attorney-client privilege has been waived when statements are made in front ________ .
of a third party.
Admissions by party-opponents are defined as ________ .
nonhearsay
The expert must base his opinion in facts that an expert _______________.
in his field would ordinarily consider
The judge is in control of evidence that is introduced and may exclude such evidence based on __________.
the discretionary evidence standard
Lawyers are permitted to testify against clients when involved with litigation against clients ______________ .
subject matter of the testimony relates to the litigation.
The Fourth Amendment protects only against unreasonable searches and seizures by the government conducted against an interest in which a person ____________.
has a reasonable expectation of privacy
The automobile exception holds that a government actor may search an automobile without a warrant provided the officer has __________ .
probable cause
The plainview exception holds that a warrant is not needed and the resulting seizure is not violative of the Fourth Amendment if ___________ ,
government actor sees evidence of criminality from a place where he lawfully situated
The first prong of the Lemon test is whether the government action has a __________.
secular purpose
If a regulation explicitly burdens religion then it triggers what standard of review?
strict scrutiny
To be an accessory to a crime, the D must have ______________ .
the intent to aid the principal in commission of the crime.
Intent to trespass action, intent to trespass is _________ , only intent to ______________.
not required, enter upon the land
Only a minority of states require that a person pay taxes __________ .
for an adverse possession claim
When a claimant goes into actual possession of some portion under color of title, then he will be deemed __________.
to be in possession of the entire property
When does a disability toll of the statute for determining an adverse possession action?
never
A general warranty deed grants six covenants of title: ______. CAQESW
seisin, convey, against encumbrances, quiet enjoyment, further assurances, general warranty
Deadly force is only available to police where __________ .
D is significant threat or death or serious physical injury to officer or others.
If document is unavailable, but central to the issue before the court, then judge must find that _________.
Document is unavailable through no fault of the proponent.
3rd parties to contract. Prior to vesting, the original parties may ________ or _________ the 3rd party beneficiary’s rights.
modify, rescind
If the obligor is not informed of an assignment then whom must he pay?
the assignor/obligee
The general is that where a stream is a boundary, abutting owners _________.
each own one half of the stream bed.
A two-thirds senate vote is required for what kind of acts?
treaties
shelter rule only applies when the bona fide purchasers purchases a property __________.
for value
Proximate cause requires that a person’s actions must have been ___________
foreseeable
A statute is able to establish the ______________ in a negligence action.
standard of care
At common law, withdrawal ___________ a valid defense.
was not
A statement may be offered to _______ or for its ___________.
impeach, substance
804 exceptions. 4 exceptions when declarant is unavailable. FADP
Dying declaration, Statement against interest, former testimony, statement of pedigree
Name the three types of character evidence.
Reputation, opinion, specific acts
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 _________ .
jury, judge
How do court handle the right of the press not to disclose their sources?
Weigh the interests between public interest in information and the interest in obtaining truthful litigation.
Court regard the threshold for relevant evidence to be ____________.
extremely low
Evidence subjects: PROPHES
probative, reliability, opinion, privilege, hearsay. examination, substitutes
Privileged communication include only _________, and not observations or _________.
verbal communications, impressions
nonhearsay includes ____________.
admissions, prior identifications, prior inconsistent statements and prior consistent statements meant to rehabilitate.
Evidence of an offer to plead guilty in __________ .
inadmissible, as well as pleas that were later withdrawn.
Evidence of any compromise negotiations is _______________ to prove __________.
inadmissible, the value of the claim
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.
dead man’s rule
