freeway

Question 1

2

STATE OF MIND ALSO APPLIES TO

Answer 1

1. DESCRIPTIONS OF PAST PHYSICAL OR MENTAL CONDITION
2. (CEC REQUIRES THAT IT AT ISSUE IN THE CASE)

Question 2

CARS ARE GOODS

SO IF YOU MODIFY A CONTRACT FOR A CAR

Answer 2

YOU DON’T NEED CONSIDERATION TO BIND THE MODIFICATION

Question 3

4

CEC AND ADMISSIBILITY OF ABUSE IN CIVIL CASES

Answer 3

1. NO CHILD MOLESTATION
2. NO SEXUAL ASSAULT
3. YES ELDER ABUSE
4. YES DOMESTIC ABUSE

Question 4

2

BULLS ARE THESE KIND OF ANIMALS

Answer 4

1. DOMESTIC ANIMALS
2. NEED NEGLIGENCE TO PREVAIL.

Question 5

1

BILLS OF ATTAINDER

Answer 5

1. PUNISH SPECIFIC PERSONS WITHOUT A JUDICIAL TRIAL

Question 6

4

WHO CAN CONGRESS IMPEACH

Answer 6

1. PRESIDENT
2. VP
3. FEDERAL JUDGES
4. FEDERAL OFFICERS

Question 7

1

SPECIAL SHAREHOLDERS MEETINGS ARE LIMITED TO TOPIC OF

Answer 7

1. STATED PURPOSE

Question 8

1

CONSEQUENCE OF FEDERAL LAW AND STATE LAW REGARDING COMMERCE BEING IN CONFLICT

Answer 8

1. FEDERAL LAW INVALIDATES STATE LAW DUE TO SUPREMACY CLAUSE

Question 9

1

PENDING COUNTERCLAIM AND P’S VOLUNTARY DISMISSAL - P CAN’T DISMISS CASE WITHOUT

Answer 9

1. D’S CONSENT

Question 10

1

FOR SIXTH AMENDMENT INVOCATION RIGHT TO COUNSEL

Answer 10

1. RIGHT REMAINS REGARDLESS OF WHETHER DEFENDANT IS IN CUSTODY OR NOT

Question 11

2

WHERE THE BOD VOTED FOR AN ACTION, EACH D IS PRESUMED TO CONCUR WITH BOD ACTION UNLESS

Answer 11

1. D MADE A DISSENT OR ABSENTION IN WRITING

Question 12

1

DIRECTOR DUTY OF LOYALTY REQUIRES THE DIRECTOR

Answer 12

1. REFRAIN FROM ACTING IN HIS OWN INTEREST AT THE EXPENSE OF THE CORPORATION.

Question 13

6

UPIA - AND GUIDELINES FOR INVESTMENTS - CALIFORNIA HAS ADOPTED THE

Answer 13

1. UNIFORM PRUDENT INVESTOR ACT
2. PROVIDING TRUSTEES GUIDELINES ON HOW TRUST INVESTMENTS SHOULD BE MANAGED
3. UNDER UPIA, A TRUST MUST INVEST AND MANAGE TRUST ASSETS
4. AS A REASONABLY PRUDENT INVESTOR WOULD.
5. THE STRATEGY OF RISK AND RETURN OBJECTIVE
6. SHOULD BE REASONABLY SUITED TO THE TRUST.

Question 14

4

WHEN CAN A STATE LAW REGULATE COMMERCE

Answer 14

1. LOCAL ASPECTS OF COMMERCE
2. CONGRESS HAS BEEN SILENT ON THE MATTER
3. REGULATION IS NOT DISCRIMINATORY
4. DOES NOT UNDULY BURDEN INTERSTATE COMMERCE

Question 15

FOR PRESENT COVENANTS - THE STATUTE BEGINS TO RUN

Answer 15

WHEN TITLE PASSES

Question 16

4

COURT’S HAS POWER TO TERMINATE TRUST WHERE THE TRUST IS GOING TO FALL OFF OF A CiLIF

Answer 16

1. CHANGED CIRCUMSTANCES
2. IMPOSSIBLITY
3. ILLEGALITY
4. FRUSTRATION OF PURPOSE

Question 17

2

IF D’S CHATTEL IS ON ANOTHER’S PROPERTY DUE TO D’S OWN FAULT, HE DOES NOT HAVE

Answer 17

THE PRIVILEGE TO ENTER AND RECAPTURE HIS CHATTEL

Question 18

8

EXPERT WITNESS DISCLOSURE REQUIREMENTS - FEDERAL COURT

QuAC BEEFS

Answer 18

1. QUALIFICATIONS
2. AUTHORED PUBLICATIONS IN PAST TEN YEARSC
3. COMPENSATION TO BE RECEIVED
4. BASIS OF OPINIONS
5. EXHIBITS
6. EXPERT DESIGNATIONS FOR PAST FOUR YEARS
7. FACTS AND DATA CONSIDERED
8. STATEMENT OR REPORT OF OPINIONS

Question 19

1

FOR THE FRE, POLICE RECORDS MAY FALL UNDER THE BUSINESS RECORDS EXCEPTION AND INVESTIGATION RECORDS MAY BE ADMISSIBLE ONLY IN

Answer 19

1. CIVIL CASES

Question 20

WARRANTIES RUNNING WITH THE LAND, RECOVERING THROUGH PRIVITY OF ESTATE, CAN ONLY RECOVER

Answer 20

THE ORIGINAL AMOUNT WARRANTED.

Question 21

2

PROPERTY INSURANCE - WHERE CP FUNDS WHERE USED TO PAY PREMIUMS FOR SP

Answer 21

1. SP GETS INSURANCE PROCEEDS
2. CP GETS REIMBURSEMENT OF FUNDS PAID

Question 22

5

GROUNDS TO SUPPORT INVOLUNTARY DISSOLUTION OF A CORPORATION

Answer 22

1. FRAUD, MISUSE
2. CORP ABANDONED FOR OVER A YEAR
3. INTERNAL DEADLOCK IN SHAREHOLDERS
4. INTERNAL DEADLOCK IN BOARD
5. PERIOD CORP WAS FORMED FOR HAS EXPIRED.

Question 23

1

ADVERSE POSSESSION AND THE GOVERMENT - THE GOVERNMENT CAN

Answer 23

1. ACQUIRE TITLE TO PRIVATE LAND BY ADVERSE POSSESSION

Question 24

2

EASEMENT BY RESERVATION IS CREATED WHERE

Answer 24

1. GRANTOR CONVEYS TITLE TO LAND
2. RESERVES RIGHT TO CONTINUE USING LAND FOR STATED PURPOSE

Question 25

1

WHILE AN SELLER MAY DISCLAIM LIABILITY FOR LATENT DEFECTS IN AN OLDER HOME BY SELLING IT “AS IS”, THIS WON’T WORK IF THERE IS

Answer 25

1. FRAUD

Question 26

2

MALICIOUS PROSECUTION VS. ABUSE OF PROCESS

Answer 26

1. ABUSE OF PROCESS = DEFENDANT COMMENCED A LEGAL ACTION AGAINST PLAINTIFF FOR AN IMPROPER PURPOSE FOR WHICH THE LEGAL SYSTEM IS NOT DESIGNED
2. MALICIOUS PROSECUTION = DEFENDANT BROUGHT CRIMINAL OR CIVIL CASE AGAINST PLAINTIFF WITHOUT PROBABLE CAUSE. PROCEEDING TERMINATED IN PLAINTIFFS FAVOR. MUST BE TERMINATED.

Question 27

2

WITHDRAWAL AS A DEFENSE UNDER THE MPC REQUIRES

Answer 27

1. COMMUNICATION OF WITHDRAWAL TO CO-CONSPIRATORS
2. ACTING AFFIRMATIVELY TO STOP THE CRIME

Question 28

1

TACKING FOR ADVERSE POSSESSION IS NOT SATISFIED WHERE

Answer 28

1. ONE ADVERSE CLAIMANT OUSTS THE PRECEEDING CLAIMANT

Question 29

3

TO HAVE STANDING A PARTY MUST HAVE

Answer 29

1. AN INJURY
2. CAUSATION
3. REDRESSABILITY

Question 30

3

SCHOOL OFFICIALS - REASONABLE GROUNDS STANDARD FOR SEARCH

Answer 30

1. MODERATE CHANCE OF FINDING EVIDENCE OF WRONGDOING
2. PROCEDURE IS REASONABLY RELATED TO SEARCH OBJECTIVES
3. NOT EXCESSIVELY INTRUSIVE SEARCH

Question 31

3

DEVISE OF ASSETS THROUGH INTER VIVOS TRUST IS VALID WHERE

Answer 31

1. REFERENCED IN WILL
2. INDEPEDENTLY SIGNED
3. TRUST WAS VALID BEFORE OR AT TIME OF WILL’S EXECUTION

Question 32

1

FOR ADVERSE POSSESSION, WHERE A TENANT REMAINS, IT WILL LIKELY NOT BE CONSIDERED ADVERSE BUT TENANT WILL BE CONSIDERED A

Answer 32

1. HOLDOVER TENANT

Question 33

1

ONCE A DEFENDANT HAS ASSERTED HIS RIGHT TO COUNSEL BY INVOKING MIRANDA RIGHTS, THEY WILL LAST UNTIL

Answer 33

1. THERE IS A 14 DAY BREAK IN INCARCERATION

Question 34

1

FOR REGULAR CLASS ACTION, SMJ WILL BE FOUND WHERE THESE PEOPLE ARE DIVERSE FROM DEFENDANTS

Answer 34

1. CLASS REPRESENTATIVES

Question 35

1

FOR A WAIVER OF A RIGHT TO TAKE FROM SPOUSE’S ESTATE TO BE VALID, THE WAIVING SPOUSE MUST HAVE FULL KNOWLEDGE

Answer 35

1. OTHER SPOUSE’S FINANCES

Question 37

3

A REAL COVENANT MAY BE TERMINATED BY

Answer 37

1. WRITTEN RELEASE
2. MERGER OF BENEFITTED AND BURDENED ESTATES
3. CONDEMNATION

Question 38

1

CORPORATE OFFICERS - APPOINTMENT

Answer 38

1. SELECTED AND REMOVED BY DIRECTORS

Question 39

2

USE OF FORCE TO RECAPTURE CHATTEL

Answer 39

1. REASONABLE FORCE ONLY
2. NEVER DEADLY FORCE OR SERIOUS HARM

Question 40

2

DERIVATIVE SUITS - SHAREHOLDERS MUST OWN STOCKS

Answer 40

1. WHEN CLAIM AROSE
2. THROUGHOUT LITIGATION

Question 41

2

UNLIKE FEDERAL PRACTICE, IF A CA UNLIMITED DISCOVERY DOES NOT NEED TO BE

Answer 41

1. UPDATED.
2. OPPOSING PARTY MUST MAKE SUPPLEMENTAL DEMANDS.

Question 42

1

CEC SECONDARY EVIDENCE RULE WILL INCLUDE

Answer 42

1. SKETCH OR REWRITING

Question 43

1

FOR TRANSFERRED INTENT

Answer 43

1. DEFENSES AND MITIGATING FACTORS TRANSFER TOO

Question 44

3

FEDERAL CLAIM PRECLUSION REQUIRES

Answer 44

1. SAME PARTIES
2. SAME CLAIM
3. FINAL JUDGMENT ON THE MERITS

Question 45

5

SCOPE OF APPELLATE COURT’S REVIEW

Answer 45

1. ERRORS MUST BE ON THE RECORD OF THE TRIAL COURT PROCEEDING
2. FACTUAL FINDINGS REVIEWED ONLY WHERE CLEAR ERROR
3. FACTS MAY BE REVIEWED IF BENCH TRIAL
4. JUDGE’S OTHER DISCRETIONARY DETERMINATIONS ONLY WHERE CLEAR ABUSE OF DISCRETION
5. CONCLUSIONS OF LAW REVIEWED DE NOVO

Question 46

4

INTERLINEATIONS MUST STILL SATISFY REQUIREMENTS OF

Answer 46

1. ATTESTED OR
2. HOLOGRAPHIC WILL
3. IF NO FORMALITIES MET AND HIGHER DEVISE WAS GIVEN
4. DRR WILL APPLY AND B WILL GET OLD DEVISE

Question 47

1

CRIMINAL DEFENSE OF NECESSITY IS NOT AVAILABLE WHERE

Answer 47

D CAUSED THE EVENTS GIVING RISE TO THE NECESSITY

Question 48

2

SPECIAL VERDICT FORMS - ORDER OF DECISION

Answer 48

1. JURY MAKES FINDINGS OF FACT ON VERDICT FORM
2. JUDGE APPLIES FACTUAL FINDINGS TO LAW

Question 49

2

WHERE LIFE INSURANCE POLICY WAS PURCHASED WITH CP FUNDS AND THERE IS A THIRD PARTY BENEFICIARY

Answer 49

1. SS GETS HALF
2. THIRD PARTY GETS HALF

Question 50

2

WHERE ORIGINAL VENUE OF FILING IS IMPROPER, COURT MAY ONLY TRANSFER CASE IN

Answer 50

1. THE INTERESTS OF JUSTICE
2. OTHERWISE, DISMISS THE CASE

Question 51

2

PROCEDURAL DUE PROCESS - LIBERTY DEPRIVATIONS INCLUDE

Answer 51

1. LOSS OF FREEDOM
2. GOVERNMENT RESTRICTION OF FUNDAMENTAL RIGHTS

Question 52

DORMANT COMMERCE CLAUSE REVIEW STANDARDS

NON-DISCRIMINATORY STATE LAW REVIEW VS. FACIALLY DISCRIMINATORY STATE LAW REVIEW

Answer 52

NON-DISCRIMINATORY STATE LAW VIOLATES DCC IF IT

1. BURDENS INTERSTATE COMMERCE
2. BURDEN OUTWEIGHS BENEFITS

FACIALY DISCRIMINATORY STATE LAW VIOLATES DCC IF IT

1. NOT NECESSARY TO ACHIEVE AN COMPELLING GOVT PURPOSE
2. LESS DISCRIMINATORY MEANS ARE AVAILABLE
3. STATE ISN’T A MARKET PARTICIPANT

Question 53

3

RIGHT TO ATTEND CRIMINAL TRIALS

Answer 53

1. PUBLIC HAS RIGHT TO ATTEND
2. MAY BE LIMITED BY OVERRIDING INTEREST DETERMINED BY JUDGE
3. MUST MEET INTERMEDIATE SCRUTINY

Question 54

3

PASSING ASSETS IN INTERVIVOS TRUST WITHOUT A WILL

Answer 54

1. INTER VIVOS TRUST MAY PASS TRUST ASSETS TO BENEFICIARIES AT SETTLOR’‘S DEATH WITHOUT A WILL.
2. SETTLOR MAY MAKE POUR OVER WILL THAT CATCHES ANY ASSETS NOT IN TRUST AT DEATH
3. SO ASSETS WILL GO TO TRUST THROUGH PROBATE.

Question 55

1

DIRECT TRACING

Answer 55

1. REQUIRES PROOF OF INTENT TO PURCHASE AS SP ASSETS

Question 56

2

FOR NOTICE STATUTES, FOR THE BFP WHO TAKES WITHOUT NOTICE, MAKE SURE SHES IS TAKING WITHOUT NOTICE OF A

Answer 56

PRIOR, UNRECORDED, INTEREST

Question 57

WHERE A DEFENDANT MISUSES A PRODUCT, AND HARMS HIMSELF, IT IS DEFECTIVE IF

Answer 57

THE MISUSE IS FORESEEABLE

Question 58

4

CEC PROHIBITS CROSS EXAMINATION OF CIVIL WITNESS USING INSTANCES OF

Answer 58

1. PAST BAD ACTS
2. TO IMPEACH CHARACTER FOR TRUTHFULNESS.

Question 59

1

DISMISSAL BASED ON FORUM NON CONVENIENS IS NOT FREQUENTLY GRANTED WHERE

Answer 59

1. PLAINTIFF IS A RESIDENT IN THE PRESENT FORUM

Question 60

1

WHERE THERE IS A BREACH IN THE IMPLIED WARRANTY OF HABITIBAILITY AND THE TENANT DECIDES TO REDUCE OR WITHHOLD RENT, THE TENANT MUST

Answer 60

1. PLACE THE RENT IN ESCROW

Question 61

2

UPIA - STRATEGY FOR TRUST INVESTMENTS

Answer 61

1. THE STRATEGY OF RISK AND RETURN OBJECTIVE
2. SHOULD BE REASONABLY SUITED TO THE NEEDS OF THE TRUST

Question 62

4

FEE SIMPLE DETERMINABLE IS CREATED WITH DURATIONAL WUDS

Answer 62

1. WHILE
2. UNTIL
3. DURING
4. SO LONG AS

Question 63

4

BUSINESS JUDGMENT RULE

Answer 63

1. PRESUMPTION EXISTS DIRECTOR ACTED IN GOOD FAITH
2. COURT WILL NOT FIND LIABILITY WHERE DIRECTOR, AFTER REASONABLE INQUIRTY
3. ACTED WITH REASONABLE BELIEF ACTIONS WHERE IN THE BEST INTERESTS OF SHAREHOLDERS AND COPRORATION
4. AS A REASONABLY PRUDENT PERSON WOULD IN THE SITUATION.

Question 64

1

TO PLEAD THE FIFTH, THE PRIVILEGE MUST BE ASSERTED AT

Answer 64

1. THE FIRST INSTANCE OF QUESTIONING ON THE SUBJECT

Question 65

2

IMPLIED AFFIRMATION AND MINORS WILL OCCUR WHERE

Answer 65

1. MINORS FAIL TO DISAFFIRM THE CONTRACT WITHIN A REASONABLE TIME AFTER REACHING THE AGE OF MAJORITY
2. RETAINED BENEFITS OF THE CONTRACT

Question 66

2

NEGLIGENT INTERFERENCE WITH PROSPECTIVE BUSINESS ADVANTAGE

Answer 66

1. NEGLIGENCE CREATED A LOSS OF
2. PBR

Question 67

1

TRUSTEE LIAIBLITY TO THIRD PERSONS - IF THIRD PERSON KNEW TRUSTEE WAS ACTING IN REPRESENTATIVE CAPACITY, HE MUST BE SUED

Answer 67

1. IN REPRESENTATIVE CAPACITY

Question 68

2

FRE RAPE SHIELD - CIVIL CASES - REPUTATION, OPINION, AND SPECIFIC INSTANCES OF VICTIM’S CONDUCT ARE ADMISSIBLE ONLY WHERE

Answer 68

1. PLAINTIFF PUT HER REPUTATION AT ISSUE IN SOME WAY
2. PROBATIVE VALUE OUTWEIGHS UNFAIR PREJUDICE

Question 69

1

GENERAL WELFARE CLAUSE ANSWER WILL INVOLVE

Answer 69

1. TAXING AND/OR SPENDING

Question 70

1

BUYER’S AGENT IS TECHINICALLY A SUBAGENT OF THE

Answer 70

1. SELLER’S AGENT

Question 71

2

SUBSTANTIAL FACTOR VS. BURDEN SHIFTING

Answer 71

1. SF = MULTIPLE CAUSES
2. BURDEN SHIFTING/II = SEVERAL POSSIBLE CAUSES BUT ONLY ONE CAUSED PLAINTIFF’S INJURY

Question 72

5

EXPERT STANDARD - HOT QUIZNOS FOR COLD PENGUINS

Answer 72

1. HELPFUL TO THE JURY
2. QUALIFIED
3. SUPPORTED BY PROPER FACTUAL EVIDENCE
4. REASONABLE DEGREE OF CERTAINTY
5. PEER REVIEWED AND PUBLISHED SCIENCE

Question 73

2

AN ATTORNEY GENERAL WILL BE PROTECTED BY QUALIFIED IMMUNITY WHERE HIS CONDUCT DID NOT

Answer 73

1. VIOLATE CLEARLY ESTABLISHED STATUATORY OR CONSTITUTIONAL RIGHTS
2. OF WHICH A REASONABLE PERSON WOULD HAVE KNOWN

Question 74

WATCH OUT FOR A QUESTION ABOUT A FLAWED DRUG, IF THE LAWSUIT IS AGAINST A DOCTOR

Answer 74

THE LEARNED INTERMEDIARY RULE WON’T AFFECT HIS LIABILITY.

Question 75

4

CO-CONSPIRATOR’S STATEMENTS ARE AVAILABLE FOR USE AS AN ADMISSION WHERE

Answer 75

1. MADE DURING THE CONSPIRACY
2. D WAS A CO-CONSPIRATOR
3. MADE IN FURTHERANCE OF THE CONSPIRACY
4. A CONSPIRACY ACTUALLY EXISTED

Question 76

1

WHILE A TENANCY AT WILL CAN BE TERMINATED BY EITHER PARTY, THIS IS USUALLY REQUIRED

Answer 76

1. A REASONABLE NOTICE TO VACATE

Question 77

Civil Procedure - Sanctions during Discovery

This Judge DRIPS hot wax as a sanction for misbehavior.

Answer 77

order default JUDGMENT against defendant

DISMISS action in favor of defendant

force non-disclosing party to RESOLVE the issue causing non-disclosure

IMPOSE attorney fees, costs of suit and fines

PRECLUDE non-disclosing party from introducing related evidence

STRIKE non-disclosing party’s pleadings related to issues of non-discovery

Question 78

1

ACTUAL EXPRESS AUTHORITY EXISTS WHERE

Answer 78

1. A PRINCIPAL DIRECTLY REQUESTED THE AGENT TO ACT ON HIS BEHALF IN A SPECIFIC MATTER.

Question 79

6

COVENANTS OF TITLE CONTAINED IN A DEED

Answer 79

1. SEISIN - GRANTOR IS RIGHTFUL OWNER
2. RIGHT TO CONVEY - GRANTOR HAS RIGHT TO CONVEY LAND
3. AGAINST ENCUMBRANCES - TITLE IS FREE OF ENCUMBRANCES
4. FURTHER ASSURANCES- GRANTOR WILL PERFORM FUTURE ACTS REASONABLY NECESSARY TO PERFECT CONVEYED TITLE
5. QUIET ENJOYMENT - GRANTOR WILL NOT BE DISTURBED BY THIRD PARTY’S LAWFUL CLAIM OF TITLE
6. WARRANTY - GRANTOR WILL DEFEND AGAINST THIRD PARTY CLAIMS AND COMPENSATE FOR LOSSES INCURRED BY SUCH CLAIMS

Question 80

1

PRESIDENT CANNOT PARDON SOMEONE FOR

Answer 80

1. CONVICTIONS LEADING TO IMPEACHMENT

Question 81

2

FRE V. CEC FOR X-EXAM OF DEFENDANT’S CHARACTER WITNESSES

Answer 81

1. FRE, REPUTATION, OPINION, BAD ACTS
2. CEC, ONLY REPUTATOIN AND OPINION

Question 82

4

Scope of Appellate Court’s Review:

Answer 82

1. ERRORS MUST BE ON THE TRIAL RECORD TO BE REVIEWED.
2. FACTUAL FINDINGS REVIEWED ONLY WHERE CLEAR ERRORS
3. JUDGE’S OTHER DERMMINATIONS REVIEWED FOR ABUSE OF DISCRETION
4. CONCLUSIONS OF LAW WILL BE REVIEWED DE NOVO

Question 83

2

IN DIVERSITY CASES, INTERVENORS MUST ESTABLISH

Answer 83

INDEPENDENT SMJ

SUPPLEMENTAL JX DOES NO COVER DIVERSITY INTERVENTION

Question 84

3

LEAVE TO AMEND WILL BE GRANTED FREELY WHEN JUSTIC REQUIRES. COURT EVALUATES JUSTICE BY

Answer 84

1. DELAY THAT WILL BE CAUSED
2. POTENTIAL PREJUDICE TO PARTIES
3. FUTILITY OF AMENDMENT

Question 85

1

FINAL JUDGMENT ON THE MERITS EXISTS EVEN WHERE

Answer 85

1. CASE IS BEING APPEALED

Question 86

2

PRIVILEGE FOR DIVERSITY

Answer 86

In a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision.

Question 87

FOUR UNITIES FOR ADVERSE POSSESSION

PITT

Answer 87

POSSESSION

INTEREST

TITLE

TIME

Question 88

RIGHTS OF THIRD PARTY INTENDED GIFT BENEFICIARIES RIGHTS DO NOT VEST JUST BECAUSE

Answer 88

THEY RECEIVE NOTICE OF THE CONTRACT

Question 89

3

CA COURT’S CRITERIA FOR ANALYZING “COMMON COMMUNITY OF INTEREST” FOR CLASS ACTION REQUIREMENT.

Answer 89

1. DO COMMON QUESTIONS OF LAW OR FACT PREDOMINATE?
2. IS THE CLASS REPRESENTATIVE ADEQUATE?
3. WILL THE CLASS EXISTENCE OFFER SUBSTANTIAL BENEFIT TO THE PARTIES AND THE COURT?

Question 90

3

INDIVISILBE INJURY DOCTRINE ALLOWS PLAINTIFFS TO

Answer 90

1. HOLD MULTIPLE TORTFEASORS JOINTLY AND SEVERALLY LIABLE
2. WHERE THEIR NEGLIGENCE COMBINES TO CREATE AN INJURY
3. NOT SUSCEPTIBLE TO DIVISION ON ANY RATIONAL BASIS.

Question 91

1

IF A PROSECUTOR WANTS TO INTRODUCT EVIDENCE UNDER THE IPIKAMOP EXCEPTIONS FOR USE IN A CRIMINAL CASE HE MUST GIVE THE DEFENSE

Answer 91

1. NOTICE OF INTENT TO USE THE EVIDENCE

Question 92

2

SURFACE WATER - COMMON ENEMY THEORY - THE LANDOWNER MAY DO

Answer 92

1. ANYTHING TO CHANGE DRAINAGE/COMBAT FLOW
2. AS LONG AS IT DOESN’T CAUSE UNNECESSARY DAMAGE TO OTHER’S LAND

Question 93

3

RULE 11 SAFE HARBOR - PARTY WHO FILES OFFENDING DOCUMENT MUST RECEIVE

Answer 93

1. MOTION SEEKING SANCTIONS OFFENDING DOCUMENT (SERVED, NOT FILED)
2. 21 DAYS TO AMEND
3. IF NO CHANGE, MOTION FILED WITH COURT

Question 94

4

MPC CULPABILITY STANDARDS

Answer 94

1. PURPOSELY - DONE TO CAUSE A CERTAIN RESULT
2. KNOWINGLY - KNOWLEDGE THAT CONDUCT WILL NECESSARILY OR VERY LIKELY CAUSE A CERTAIN RESULT
3. RECKLESSLY - KNOWS OF SUBSTANTIAL AND UNJUSTIFIABLE RISK AND CONSCIOUSLY DISREGARDS IT
4. NEGLIGENCE - FAILS TO RECOGNIZE SUBSTANTIAL RISK

Question 95

2

FRE VS. CEC, WHERE DEFENDANT OFFERS EVIDENCE ABOUT VICTIM’S BAD CHARACTER,

Answer 95

1. FRE - PROSECUTION CAN REBUT THAT DEFENDANT HAS THE SAME BAD TRAIT
2. CEC - PROSECUTION CAN REBUT DEFENDANT HAS SAME BAD TRAIT ONLY IF THE TRAIT WAS VIOLENCE

Question 96

1

A PARTY SUBJECT TO TRO MUST HAVE ACTUAL NOTICE OF THE TRO BEFORE

Answer 96

1. THEY CAN BE HELD IN CONTEMPT FOR VIOLATING IT.

Question 97

4

CEC HEARSAY EXCEPTION - INFLICTION OF THREAT OR PHYSICAL ABUSE

Answer 97

1. WRITTEN OR RECORDED BY POLICE OR MEDICAL PROFESSIONALS
2. TRUSTWORTHY CIRCUMSTANCES
3. DESCRIBES INFLICTION OR THREAT
4. RECORD MADE AT OR NEAR TIME OF INJURY OR THREAT

Question 98

3

WHERE ARE IMPLIED WARRANTIES EXCLUDED

Answer 98

1. CONSPICUOUS DISCLAIMER
2. “AS IS” OR “WITH ALL FAULTS” IN CIRCUMSTANCES THAT WOULD ALERT THE BUYER
3. BUYER HAD OPPORTUNITY TO FULLY INSPECT AND/OR REFUSED AND THE DEFECTS WERE APPARENT UPON INSPECTION

Question 99

3

TENANCY BY THE ENTIRETY - RIGHT OF PARTITION

Answer 99

1. ONE SPOUSE CANNOT CONVEY HER PORTION
2. ANY ATTEMPT TO DO SO IS INVALID
3. NO DESTRUCTION OF TENANCY

Question 100

1

CEC UNIQUE HEARSAY EXCEPTION - JUDGMENT IN PRIOR CIVIL CASE

Answer 100

1. FINAL JUDGMENT ADMISSIBLE IF P IS TRYING TO GET INDEMNIFCATION OR ENFORCE WARRANTY
2. JUDGMENT TO SHOW CURRENT DEFENDANT IS NOT LIABLE

Question 101

1

CUSTOM OR USAGE IN THE INDUSTRY CAN BE USED TO ESTABLISH A STANDARD OF CARE, BUT FIALURE TO ADHERE DOES NOT AUTOMATICALLY MEAN

Answer 101

1. BREACH OF DUTY

Question 102

1

LACK OF INFORMATION AND BELIEF RESPONSE ON A FEDERAL ANSWER HAS THE EFFECT OF

Answer 102

1. A DENIAL

Question 103

2

QUASI CP IS STILL TREATED LIKE SP

Answer 103

1. AFTER MOVING TO CALIFORNIA
2. IT IS ONLY TREATED LIKE CP IF THERE IS AN END TO THE MEC

Question 104

2

WHERE A NEXUS IS FOUND BETWEEN CONDITION ON BUILDING PERMIT AND LEGITIMATE STATE INTEREST, THERE MUST ALSO BE

Answer 104

1. ROUGH PROPORTIONALITY BETWEEN REQUIRED DEDICTATION AND
2. IMPACT ON COMMUNITY.
3. CITY BEARS BURDEN OF MEETING THIS HIGHER TEST.

Question 105

2

FORMER TESTIMONY EXCEPTION - FRE - REQUIRES THAT FORMER TESTIMONY FOR CRIMINAL CASE

Answer 105

1. DEFENDANT HAD AN OPPORTUNITY TO X-EXAMINE
2. SIMILAR TO PRESENT MOTIVE

Question 106

4

(IMPLIED SERVITUDE) A COMMON DEVELOPMENT SCHEME MAY BE FOUND WHERE

Answer 106

1. APPEARANCE OF COMMON DEVELOPMENT SCHEME
2. ORAL REPRESENTATIONS TO BUYERS
3. STATEMENTS ON WRITTEN ADVERTISEMENTS, BROCHURES
4. RECORDED PLAT MAPS OR DECLARATIONS

Question 107

ADVISORY OPINIONS AND STATE COURTS - STATE COURTS CAN SOMETIMES GIVE

Answer 107

ADVISORY OPINIONS

Question 108

1

LIFETIME CONTRACTS OR DEALS WON’T FALL UNDER THE STATUTE OF FRAUDS BECAUSE THERE IS A CHANCE

Answer 108

1. THE PERSON WILL DIE WITHIN THE YEAR.

Question 109

3

RESTITUTION FOR PART PERFORMANCE - RESTITUTION WILL ENTITLE A BREACHING PARTY TO RESITUTION OF

Answer 109

1. ANY BENEFIT THAT HE HAS CONFERRED IN THE WAY OF PART PERFORMANCE
2. IN EXCESS OF ANY LOSS CAUSED TO NON-BREACHING PARTY BY THE BREACH.,
3. VALUE OF THE BENEFIT CANNOT EXCEED CONTRACT PRICE FOR SERVICES

Question 110

1

SUBJECTIVE STANDARDS

Answer 110

1. PLAINTIFF’S KNOWLEDGE AND APPRECIATION OF RISK FOR ASSUMPTION OF RISK

Question 111

1

IN CRIMINAL CASES, THANKS TO PROP 8, THE PROSECUTION OR DEFENSE MAY BOLSTER WITNESS’ CREDIBILITY BEFORE

Answer 111

1. IT IS ATTACKED.

Question 112

2

DISASSOCIATING PARTNER WILL RETAIN LIAIBLITY FOR ACTS OF PARTNERSHIP UNTIL

Answer 112

1. ACTUAL NOTICE OF DISASSOCIATION GIVEN TO CREDITORS OR
2. 90 DAYS AFTER FILING NOTICE OF DISASSOCIATION WITH STATE

Question 113

3

A CA ANSWER MUST CONTAIN

Answer 113

1. DENIALS OF MATERIAL ALLEGATIONS IN COMPLAINT THAT ARE CONTROVERTED
2. ANY ALLEGATION NOT DENIED IS DEEMED ADMITTED
3. STATEMENT OF AFFIRMATIE DEFENSES

Question 114

1

PRELIMINARY FACTS ARE FACT THAT MAY BE NECESSARY TO

Answer 114

ESTABLISH ADMISSIBLITY OF PROFFERED EVIDENCE

Question 115

FRE AND CEC - CHARACTER EVIDENCE EXCEPTIONS FOR CIVIL CASES

Answer 115

1. FRE - SEXUAL ASSAULT OR CHILD MOLESTATION
2. CEC - NONE

Question 116

2

MODERN RULE - ALLOWED FOR STOCK PURCHASE

Answer 116

1. ANY TANGIBLE OR INTANGIBLE BENEFIT,
2. PAST, PRESENT OR FUTURE

Question 117

A LANDLORD IN A STATE WITH A NOTICE STATUTE

WHO DID NOT RECORD TITLE TO HIS PROPERTY

BUT BOUGHT PROPERTY W/OUT NOTICE AS A BFP

CAN STILL COLLECT RENT BECAUSE

Answer 117

HE HAS VALID TITLE

Question 118

TO VEST THIRD PARTY GIFT BENEFICIARIES RIGHTS, THE THIRD PARTY HAS TO

Answer 118

1. ACCCEPT THE CONTRACT AT THE REQUEST OF THE CONTRACT OR
2. SUBSTANTIALLY RELY ON THE CONTRACT TO THEIR DETRIMENT

Question 119

3

EASEMENT IS CREATED BY IMPLICATION WHERE

Answer 119

1. PREEXISTING APPARENT AND CONTINUOUS USE OF A SINGLE TRACT
2. SINGLE TRACT IS DIVIDED
3. EASEMENT REASONABLY NECESSARY TO DOMINANT TRACT’S USE AND ENJOYMENT OF PROPERTY

Question 120

4

AT EQUITY, THE PLAINTIF MAY USE PROMISSORY ESTOPPEL TO

Answer 120

1. RECOVER THE VALUE OF THE PROMISE
2. WHERE DEFENDANT MADE AN UNAMBIGOUS PROMISE
3. ON WHICH PLAINTIFF REASONABLY AND FORESEEABLY RELIED
4. CAUSING PLAINTIFF INJURY.

Question 121

1

TO DETERMINE IF INTRASTATE COMMERCE HAS A CUMULATIVE, SUSTANTIAL EFFECT ON INTERSTATE COMMERCE

Answer 121

1. CONSIDER AGGREGATE EFFECT OF MULTIPLE INSTANCES OF THESE ACTIONS

Question 122

2

WHEN EVALUATING OPTIONS THAT MAKE A DEFAMATION CASE MORE STRONG, CONSIDER WHETHERE THE PLAINTIFF IS

Answer 122

1. A PUBLIC OR
2. PRIVATE FIGURE

Question 123

2

CALIFORNIA COMPLAINT REQUIRES

Answer 123

1. FACTS FOR EVERY ELEMENT OF EVERY CLAIM
2. DEMAND FOR JUDGMENT
3. STATE DAMAGES SOUGHT (UNLESS PERSONAL INJURY OR WRONGFUL DEATH)

Question 124

2

FAILURE OF A CONTRACT PROMISE LEADS TO

Answer 124

BREACH

A promise or duty is absolute or unconditional when it does not depend on any external events.

Question 125

3

IMPLEADER - D’S CLAIM AGAINST TPD MUST BE

Answer 125

1. DERIVATIVE
2. MUST CLAIM THE MONEY IS OWED TO HIM FOR CONTRIBUTION/IDEMNIFICATION
3. NOT TO PLAINTIFF DIRECTLY

Question 126

3

CEC FORMER TESTIMONY DISTINCITIONS

Answer 126

1. UNAVAILABILITY EXTENDS TO PRIOR DEPO WITNESS WHO LIVES OVER 150 MILES AWAY FROM TRIAL COURTHOUSE
2. PREDECESSOR IN INTEREST EXTENDED TO SIMILAR OPPORTUNITY AND MOTIVE
3. OK WHERE ADMITTED AGAINST PERSON WHO ADMITTED IN IN PRIOR PROCEEDING

Question 127

1

IF UNMARRIED CO-HABITANTS SUBSEQUENTLY MARRY, THE ASSETS ACQUIRED BEFORE MARRIAGE ARE STILL SUBJECT TO

Answer 127

1. CONTRACT LAW

Question 128

2

POLITICAL FUNCTION CLASSIFICATION OF OCCUPATIONS INTEGRAL TO GOVERNMENT FUNCTION IS ALLOWED AS LONG AS THE CLASSIFICATIONS ARE OF

Answer 128

1. SPECIFIC OCCUPATIONS
2. NOT CIVIL SERVICE IN GENERAL

Question 129

2

A TENANCY AT WILL MUST BE CREATED BY

Answer 129

1. EXPRESS AGREEMENT
2. (IF NO EXPRESS AGREEMENT, THE COURTS WILL TREAT THE LEASE AS AN IMPLIED PERIODIC TENANCY)

Question 130

1

THE NECESSARY AND PROPER CLAUSE MUST HAVE THIS TO ACCOMPLISH AN ACT

Answer 130

1. ANOTHER FREE STANDING SOURCE OF CONGRESSONAL POWER

Question 131

2

GRATUITOUS ASSIGNMENTS MAY BE REVOKED BY

Answer 131

DEATH OR BANKRUPTCY OF ASSIGNOR

NOTICE OF REVOCATION BY ASSIGNOR

TAKING OF PERFORMANCE BY ASSIGNOR

LATER ASSIGNMENT TO ANOHTER

Question 132

3

IMPLIED EQUAL PROTECTION CLAUSE FIFTH AMENDMENT - THE SUPREME COURT HAS HELD

Answer 132

1. IMPLIED IN THE FIFTH AMENDMENT GUARANTEE THAT THE FEDERAL GOVERNMENT SHALL NOT DEPRIVE PERSONS OF LIFE, LIBERTY OR PROPERTY WITHOUT DUE PROCESS
2. IS AN IMPLICIT GUARANTEE
3. THAT EACH PERSON SHALL RECEIVE EQUAL PROTECTION OF THE LAW.

Question 133

2

WATCH OUT FOR ATTORNEY COI CREATED WHERE ATTORNEY

Answer 133

1. SERVES ON BOD
2. REPRESENTS AN INDIVIDUAL EMPLOYEE IN ACTION AGAINST CORPORATION

Question 134

4

REMEDIES FOR TRUSTEE BREACH

Answer 134

1. IF A TRUSTEE COMMITS OR THREATENS TO COMMIT A BREACH
2. A BENEFICIARY OR COTRUSTEE MAY PETITION THE COURT TO COMPEL, ENJOIN OR REMOVE THE TRUSTEE
3. THE COURT MAY ALSO APPOINT A SPECIAL FIDUCIARY TO MANAGE TEH TRUST
4. BENEFICIARIES MAY SEEK DAMAGES FROM TRUSTEE FOR BREACH AT EQUITY OR LAW.

Question 135

3

CREATION OF TYPES OF EXPRESS TRUST - THE TYPE OF EXPRESS TRUST CREATED IS CLASSIFIED BY

Answer 135

1. THE PURPOSE OF TRUST
2. THE TYPE OF BENEFICIARY
3. OR THE TIME WHICH THE TRUST TAKES EFFECT

Question 136

WHERE A SELLER SEEKS SPECIFIC PERFORMANCE OF PAYMENT ON A LAND SALE CONTRACT WHERE THE HOUSE BURNED TO THE GROUND BETWEEN THE CONTRACT SIGNING AND CLOSING, IT WILL BE ORDERED BECAUSE OF

Answer 136

EQUITABLE CONVERSION

Question 137

1

WHERE BUYER INTENDS TO SUE FOR BREACH, AND NOTIFIES SELLER OF INTENT TO SUE FOR BREACH BEFORE CLOSING, THE CONTRACT WILL NOT

Answer 137

1. MERGE INTO THE DEED

Question 138

FOR TORTIOUS FALSE IMPRISONMENT, WHERE THE PLAINTIFF EVENTUALLY DISCOVERS A WAY OUT THROUGH SEARCHING, THE DEFENDANTS ARE STILL LIABLE FOR FALSE IMPRISONMENT BECAUSE

Answer 138

THERE WERE NO REASONABLY APPARENT MEANS OF ESCAPE

Question 139

2

FRCP RULE 19 EVALUATES

Answer 139

A. WHETHER JOINDER OF MISSING PARTIES IS NECESSARY

B. WHETHER THE MISSING PARTIES ARE INDISPENSIBLE, AND THE CASE SHOULD BE DISMISSED AS A RESULT.

Question 140

4

INTENTIONAL INTERENCE WITH CONTRACTUAL RELATIONS

DEFENDANT MESSES WITH PLAINTIFF’S CONTRACTUAL REALTIONSHIP FOR CICS

Answer 140

1. CONTRACTUAL RELATIONSHIP
2. INTENTIONAL INTERFERENCE WITH PERFORMANCE
3. CAUSATION
4. SPECIAL DAMAGES

Question 141

1

GRANTING AN INTEREST IN REAL PROPERTY THAT TERMINATES IN FIVE YEARS, AND SHIFTS THE OWNERSHIP TO A THIRD PARTY IS A

Answer 141

1. FEE SUBJECT TO EXECUTORY INTEREST

Question 142

3

BOARD OF DIRECTORS MAY ELECT TO DISSOLVE THE CORPORATION WHERE

Answer 142

1. CORPORATION HAS NOT YET ISSUED SHARES
2. CORPORATION HAS DISPOSED OF ITS ASSETS AND HASN’T DONE BUSINESS FOR THE PAST FIVE YEARS
3. CORPORATION IS ADJUDICATED BANKRUPT.

Question 143

2

IN ORDER TO JUSTIFY A CONDITION ON A BUILDING PERMIT, THERE MUST BE A

Answer 143

1. NEXUS BETWEEN LEGITIMATE STATE INTEREST AND CONDITION IMPOSED.

Question 144

2

BALANCING TEST FOR PROCEDURAL DUE PROCESS

Answer 144

NATURE OF DEPRIVED INTEREST

EXISTING PROCEDURAL SAFEGUARDS

BURDEN CREATED ON GOVERNMENT BY CREATING PROCEDURE

Question 145

2

FOR FALSE IMPRISONMENT, DURATION

Answer 145

1. IS NOT IMPORTANT
2. BRIEF CONFINEMENT WILL SUFFICE.

Question 146

2

LANDLORDS AND NO SELF HELP - LANDLORD MAY NOT

Answer 146

1. FOREFULLY REMOVE TENANT’S PROPERTY
2. CHANGE LOCKS

Question 147

1

WHERE A SPOUSE DIES AND HAS QCP OR OUT OF STATE CP, THE COURT WILL USE

Answer 147

1. THE PROBATE LAW OF THE STATE IN WHICH THE REALTY IS LOCATED

Question 148

3

WHERE CONSIDERATION IS ACCEPTED FOR THE DELEGATION OF DUTIES

Answer 148

1. A NEW CONTRACT IS FORMED
2. PROMISEE IS INTENDED THIRD PARTY BENEFICIARY
3. WITH FULL ENFORCEMENT RIGHTS

Question 149

2

COMMON LAW - NOT ALLOWED FOR STOCK PURCHASE

Answer 149

FUTURE SERVICES

UNSECURED DEBT

Question 150

2

CEC - JUDICIAL NOTICE - JUDGE MUST TAKE NOTICE OF

Answer 150

1. MATTERS GENERALLY KNOWN WITHIN THE JURSIDICTION,
2. WHETHER NOTICE REQUESTED OR NOT

Question 151

1

A APPERTUNANT EASEMENT MAY BE SOLD INDEPENDENT OF THE LAND ONLY WHERE

Answer 151

1. THE OWNER OF THE SERVIENT ESTATE PURCHASES IT

Question 152

4

TENANTS REMEDIES FOR LANDLORD’S BREACH OF IMPLIED WARRANTY OF HABITABILITY

Answer 152

1. MOVE (VACATE AND TERMINATE LEASE)
2. REPAIR (DEDUCT EXPENSES FROM FUTURE RENT)
3. REDUCE OR WITHHOLD RENT
4. REMAIN (AND SEEK MONEY DAMAGES)

Question 153

3

CLEAR AND CONVINCING EVIDENCE STANDARD - TRIER OF FACT MUST FIND

Answer 153

1. A HIGH PROBABILITY OF THE FACT’S EXISTENCE
2. LEVAING NO SUBSTANTIAL DOUBT
3. AS TO THE FACT DEMONSTRATED BY THE EVIDENCE.

Question 154

2

CEC AND USE OF SPECIFIC INSTANCES OF CONDUCT TO PROVE CHARACTER

Answer 154

1. CEC PERMITS ONLY REPUTATION AND OPINION
2. BUT PROP 8 ALLOWS USE OF SPECIFIC ACTS TOO.

Question 155

2

PRO RATA RULE - COMMUNITY GETS

Answer 155

1. PERCENTAGE OF ASSETS WORTH
2. EQUAL TO PERCENTAGE OF PRINCIPAL PAID

Question 156

2

IF AN EQUITY LIEN IS INSUFFICIENT, THE COURT MAY ENTER A

Answer 156

1. DEFICIENCY JUDGMENT
2. ENFORCING DIFFERENCE AGAINST D’S OTHER PROPERTY

Question 157

2

IMPEACHING WITH NON-CONVICTION PAST BAD ACTS IN A CIVIL CASE FRE V. CEC

Answer 157

1. FRE - OK IF IT INVOLVED DISHONESTY
2. CEC - NO

Question 158

1

SUBSTANTIAL PERFORMANCE IS USUALLY CONSIDERED AT LEAST

Answer 158

1. HALFWAY PERFORMED

Question 159

2

VOTING AGREEMENT HAS

Answer 159

NO FILING REQUIREMENT

NO TIME LIMIT

Question 160

1

WHERE A LAW MAKES PERFORMANCE AGAINST THE LAW, THE EXCUSE OF IMPOSSIBILITY WILL DEPEND ON

Answer 160

1. SUPERVENING ILLEGALITY

Question 161

1

PRIVILEGE DEFENSE TO INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONS

Answer 161

1. D’S CONDUCT WAS A PROPER ATTEMPT TO OBTAIN BUSINESS OR PROTECT HIS INTERESTS

Question 162

3

RAPE SHIELD LAWS - - CEC - IMPEACHMENT

Answer 162

1. MOTION ACCOMPANIED BY OFFER OF PROOF
2. IN CAMERA HEARING
3. JUDGE RULES ON WHAT IS ADMISSIBLE

Question 163

3

DESPITE THEIR FEDERAL SOURCE, THESE THINGS ARE CP

Answer 163

1. MILITARY RETIREMENT
2. CIVIL/FOREIGN SERVICE PENSION
3. COPYRIGHTS

Question 164

5

CALIFORNIA - WRITS SEEKING EXTRAORDINARY RELIEF IS A

Answer 164

1. PETITION TO THE APPEALS COURT
2. SOUGHT AT STATUE OR USING EQUITY
3. SEEKING EXTRAORDINARY RELIEF
4. WHERE PARTY HAS NO OTHER PLAIN, SPEEDY, OR ADEQUATE REMEDY IN THE ORDINARY COURSE OF LAW
5. AND WILL SUFFER IRRPERABLE INJURY IF RELIEF NOT GRANTED.

Question 165

2

PALSGRAFF - CARDOZO V. ANDREWS DIFFERENCES ON DUTY

Answer 165

1. UNDER PALSGRAFF, CARDOZO ARGUED THAT A DUTY IS ONLY OWED TO THOSE IN THE ZONE OF DANGER, WHERE THE DEFENDANT’S ACTS CREATED A FORESEEABLE RISK OF HARM.
2. ANDREWS ARGUED THAT IF A DUTY WAS OWED TO ANYONE, THE DEFENDANT SHOULD BE LIABLE TO ALL THAT WERE ACTUALLY AND PROXIMATELY CAUSED BY THE BREACH OF THAT DUTY.

Question 166

1

RETROACTIVE LEGISLATION REGARDING CIVIL LIABILITY MUST ONLY MEET

Answer 166

RATIONAL BASIS REVIEW

Question 167

1

FRAUD IN THE REVOCATION MAY BE CAUSED BY

Answer 167

1. MISREPRESENTATION LEADS TESTATOR TO NOT REVOKE A WILL

Question 168

4

A SPOUSE CAN SUE AN EX-SPOUSE FOR ACTIONS INVOLVING CP ASSET LOSS WHEN THEY WERE

DARN

GREEDY

ROTTEN

Answer 168

1. DELIBERATE
2. GROSSLY NEGLIGENT
3. RECKLESS DISAPPATION
4. WITHIN THREE YEARS

Question 169

3

SCOPE OF DISCOVERY - FEDERAL DISCOVERY WILL INCLUDE

Answer 169

1. ANY MATTER RELEVANT TO THE CLAIM OR DEFENSE OF ANY PARTY
2. NOT UNREASONABLY BURDENSOME OR CUMULATIVE
3. OR PRIVILEGED.

Question 170

1

CONTRIBUTORY NEGLIGENCE IS AVAILABLE AS A DEFENSE IF MISREPRESENTATION WAS

Answer 170

1. NEGLIGENT

Question 171

2

IMPOSSIBLE VS. IMPRACTICABLE

Answer 171

1. PERFORMANCES IS OBJECTIVELY IMPOSSIBLE VS.
2. PERFORRMANCE IS ONLY POSSIBLE WITH UNREASONABLE DIFFICULTY OR EXPENSE

Question 172

2

SUBSTANTIAL PERFORMANCE IS PERFORMANCE OF

Answer 172

1. THE PRIMARY, NECESSARY TERMS OF THE CONTRACT
2. FULFILLING THE ESSENTIAL PURPOSE OF THE CONTRACT

Question 173

FOR RULE 11, PRESENTING A DOCUMENT TO THE COURT INCLUDES NOT JUST SIGNING OR FILING THE DOCUMENT BUT

Answer 173

ADVOCATING IT BEFORE THE COURT

Question 174

4

OFFENSIVE NON-MUTUAL COLLATERAL ESTOPPEL IS ALLOWED WHERE

Answer 174

1. ISSUE WAS ACTUALLY AND NECESSARILY LITIGATED
2. ISSUE WAS ESSENTIAL TO JUDGMENT
3. FINAL JUDGMENT ON THE MERITS
4. PARTY WHOM AGAINST PRECLUSION SOUGHT HAD FULL AND FAIR OPPORTUNITY TO LITIGATE THE ISSUE IN THE PREVIOUS LAWSUIT WITH THE SAME INCENTIVE TO LITIGATE.

Question 175

1

NOTICE STATUTE

Answer 175

1. LAST BFP WITHOUT NOTICE WINS

On the MBE, a notice statute will look as follows: “No conveyance or mortgage of an interest in land is valid against any subsequent purchaser for value without notice thereof, unless it is recorded.”

Question 176

2

ACCORD AND SATISFACTION - WHERE THE ACCORD IS NOT SATISFIED, THE PROMISEE MAY SUE ON

Answer 176

1. THE ORIGINAL OBLIGATION
2. OR THE ACCORD

Question 177

1

TO REACH A TENANCY BY THE ENTIRETY, THE CREDITORS MUST BE

Answer 177

CREDITORS OF THE COUPLE

Question 178

2

STATUTE OF FRAUDS - WHERE A CONTRACT IS BETWEEN MERCHANTS, AND A RECEIVING MERCHANT FAILED TO OBJECT TO A CONFIRMATION MEMO WITH A TRANSCRIPTION ERROR REGARDING THE QUANTITY OF GOODS WITHIN 10 DAYS

Answer 178

1. THE MISTAKE IS BINDING.
2. (CONSIDER EQUITY DEFENSES.)

Question 179

1

WHERE A CONTRACT WAS MADE CONCERNING A LEGAL SUBJECT MATTER BUT IT WAS MADE FOR AN ILLEGAL PURPOSE - THE CONTRACT IS ONLY ENFORCEABLE BY

Answer 179

1. THE PARTY WHO DIDN’T KNOW ABOUT THE ILLEGAL PURPOSE

Question 180

2

STATE OFFICIALS MAY BE SUED FOR DAMAGES IN THEIR INDIVIDUAL CAPACITY FOR FEDERAL CONSTITUTIONAL OR STATATUATORY RIGHT VIOLATIONS WHERE THEY WERE

Answer 180

1. COMMITTED IN THE COURSE THEIR OFFICIAL DUTIES
2. BUT THEY ARE ENTITLED TO CLAIM QUALIFIED IMMUNITY.

Question 181

WITHDRAWAL FOR CONSPIRACY UNDER THE COMMON LAW IS NOT A VALID DEFENSE BECAUSE

Answer 181

THE CRIME IS COMPLETE UPON AGREEING WITH PARTIES TO WORK TOWARD A CRIMINAL OBJECTIVE.

Question 182

1

TRESSPASS TO LAND - LIABILITY ARISES WHERE DEFENDANT

Answer 182

1. INTENTIONALLY CAUSES ENTRY ONTO, UNDER, OR ABOVE PLAINTIFF’S LAND WITHOUT AUTHORIZATION

Question 183

4

RULE 11 - ATTORNEY WHO FILES A PLEADING IN FEDERAL COURT WARRANTS THE PLEADING

Answer 183

1. HAS NOT BEEN FILED FOR AN IMPROPER PURPOSE
2. SUPPORTED BY EXISTING LAW, SEEKS TO NONFRIVILOUSLY MODIFY LAW, OR MAKE NEW LAW
3. CONTENTIONS ARE BASED ON EVIDENTIARY SUPPORT OR WILL LIKELY HAVE EVIDENTIARY SUPPORT AFTER FURTHER DISCOVERY
4. DENIALS ARE WARRANTED BY EVIDENCE OR REASONABLY BASED ON LACK OF BELIEF OR INFORMATION.

Question 184

3

METHODS OF SUPREME COURT REVIEW

Answer 184

1. DISCRETIONARY REVIEW (WRITS OF CERTIORARI)
2. MANDATORY REVIEW (THREE JUDGE DISTRICT COURT PANELS RE INJUNCTIVE RELIEF)
3. ORIGINAL AND EXCLUSIVE JURSIDSICTION (STATE V. STATE)

Question 185

3

SUPREMACY CLAUSE IS TRIGGERED BY A STATE LAW WHERE

Answer 185

1. MUTUAL EXCLUSIVITY (STATE AND FEDERAL LAW IN CONFLICT)
2. STATE LAW IMPEDES FEDERAL OBJECTIVE
3. CONGRESS EXPRESSED CLEAR INTENT TO LEGISLATE EXCLUSIVELY ON AREA

Question 186

2

CA PRIVITY AND PRECLUSION - PRIVITY WORKS FOR

Answer 186

1. CLAIM PRECLUSION
2. ISSUE PRECLUSION

Question 187

2

SUMMARY JUDGMENT IS ENTERED WHERE

Answer 187

1. MOVING PARTY ESTABLISHES NO GENUINE ISSUE OF MATERIAL FACT
2. COURT MUST ENTER JUDGMENT AS A MATTER OF LAW.

Question 188

2

IF AN INJUNCTION IS ERRONEOUS, IT STILL MUST BE OBEYED UNTIL

Answer 188

1. COURT MODIFIES
2. OR DISSOLVES

Question 189

3

CONGRESS CAN INDUCE STATE REGULATORY ACTION WHERE THE INDUCEMENT

Answer 189

1. IS UNABMIGOUSLY STATED
2. RELATES TO THE PURPOSE OF THE LAW
3. IS NOT UNDULY COERCIVE

Question 190

2

TITLE TO LANDS UNDER A NON-NAVIGABLE BODY OF WATER BELONG TO

Answer 190

1. THE ABUTTING LANDOWNER
2. (FROM HIS LAND TO THE CENTER OF THE LAKE)

Question 191

2

TO PROVE A DISCRIMINATORY MOTIVE IS BEHIND A LAW, YOU HAVE TO PROVE

Answer 191

1. NOT JUST DISCRIMINATORY IMPACT but
2. DISCRIMINATORY MOTIVE PROVED THROUGH ACTUAL EVIDENCE

Question 192

5

TRUSTEE’S DUTY OF CARE - TRUSTEE TRUST MUST ADMINISTER THE TRUST WITH THE

Answer 192

1. REASONABLE CARE
2. SKILL AND
3. CAUTION
4. REQUIRED UNDER THE CIRCUMSTANCES
5. TO THE FULL EXTENT OF HIS ABILITIES

Question 193

1

COMMERCIAL LEASE - IF A HOLDOVER TENANT IS A COMMERCIAL TENANT, HE CAN IMPOSE A YEAR TO YEAR PERIODIC TENANCY WHERE THE ORIGINAL LEASE WAS

Answer 193

1. OVER A YEAR LONG

Question 194

1

A STATE TAX CAN ONLY TAX THE PORTION OF THE BUSINESS THAT IS

Answer 194

1. ACTUALLY CONNECTED TO THE STATE

Question 195

2

WHERE PAST ACTS ARE ADMISSIBLE TO PROVE MODUS OPERANDI, THE ACTS MUST BE

Answer 195

1. HIGHLY SPECIFIC
2. PERSONALIZED

Question 196

2

A HOLDER IN DUE COURSE MUST TAKE THE NOTE IN GOOD FAITH AND PAY

Answer 196

1. VALUE OF PROPERTY

Question 197

2

CEC AND LAY WITNESS TESTIMONY

Answer 197

1. HAS NO SPECIALIZED KNOWLEDGE REQUIREMENT
2. RELIES ON JUDGES GOOD SENSE

Question 198

3

CALIFORNIA STANDARD FOR EXPERT PRESENTING SCIENTIFIC EVIDENCE, AKA THE KELLY RULE

Answer 198

1. TECHNIQUE HAS GAINED GENERAL ACCEPTANCE IN ITS FIELD
2. WITNESS FURNISHING THE TESTIMONY IS QUALIFEID TO GIVE EVIDENCE ON THE MATTER
3. CORRECT SCIENTIFIC PROCEDURES USED.

Question 199

1

FEDERAL COURT - SERVICE BY MAIL ALLOWS

Answer 199

1. THREE EXTRA DAYS TO RESPOND

Question 200

2

DEPOSITION OBJECTIONS - WHERE DEPONENT’S COUNSEL OBJECTS, DEPONENT MUST STILL

Answer 200

1. RESPOND
2. UNLESS THE OBJECTION IS BASED ON PRIVILEGE

Question 201

1

CONGRESS CAN VEST THE POWER TO APPOINT INFERIOR OFFICES IN THE PRESIDENT. INFERIOR OFFICERS ARE OFFICERS

Answer 201

1. WORKING UNDER PRESIDENTIALLY APPOINTED OFFICERS.

Question 202

4

TRUSTEE MUST INVEST TRUST ASSETS BY CONSIDERING THE

Answer 202

1. PURPOSES,
2. TERMS,
3. DISTRIBUTION REQUIREMENTS AND OTHER
4. CIRCUMSTANCES OF THE TRUST.

Question 203

2

RULE 12 MOTIONS FOR FAILULRE STATE A CLAIM ON WHICH RELIEF MAY BE GRANTED

Answer 203

1. BEFORE ANSWER = RULE 12B6 MOTION TO DISMISS
2. AFTER ANSWER RULE 12C MOTION FOR JUDGMENT ON THE PLEADINGS

Question 204

2

REVERSE INCORPORATION AND THE 14TH AMENDMENT - THE 14TH AMENDMENT CAN APPLY TO THE FEDERAL GOVERNMENT THOUGH

Answer 204

1. FIFTH AMENDMENT DP CLAUSE

Question 205

1

ARTICLE IV - WATCH OUT FOR STATE LAW DISCRIMINATING AGAINST OUT OF STATE CITIZENS THAT HAS

Answer 205

1. LESS DISCRIMINATORY MEANS AVAILABLE

Question 206

2

UCC EXCEPTION TO PAROL EVIDENCE RULE

Answer 206

1. PRIOR DEALINGS
2. OR COURSE OF TRADE

Question 207

2

EASEMENT MAY BE IMPLIED WITHOUT PRIOR USE WHERE THERE IS A

Answer 207

1. SUBDIVISION PLAT
2. PROFIT A PRENDRE

Question 208

1

RULE 68 OFFER TO COMPROMISE - PARTIES MAKE FORMAL OFFER UP UNTIL 14 DAYS BEFORE TRIAL. IF OFFEREE REJECTS AND AND GETS A LESS FAVORABLE RESULT AT TRIAL

Answer 208

OFFEREE MUST PAY OFFEROR’S COSTS INCURRED AFTER TIME OFFER WAS MADE

Question 209

3

DEFAULT JUDGMENT IN FEDERAL COURT MAY OCCUR BY

Answer 209

1. JUDGE ENTERING DEFAULT
2. CLERK ENTERING WHEN NO RESPONSE AND D IS NOT A MINOR
3. PLAINTIFF FILES MOTION FOR DEFAULT

Question 210

2

SEVERABILITY OF ADMISSIONS CONNECTED WITH MEDICAL EXPENSES, CEC MAKES BOTH

Answer 210

1. THE OFFER TO PAY
2. AND ADMISSION OF GUILT INADMISSIBLE

Question 211

2

LONG ARM STATUTES ALLOW THE COURT TO:

Answer 211

1. EXERCISE AUTHORITY OVER AN OUT OF STATE DEFENDANT
2. SUBJECT TO STATUTORY AND CONSTITUTIONAL LIMITATIONS

Question 212

4

FRE AND CEC - CHARACTER EVIDENCE IS INADMISSIBLE TO PROVE CONDUCT (INCLUDING REPUTATION AND OPINION) UNLESS

Answer 212

1. CHARACTER IS AT ISSUE
2. DEFAMATION
3. DOMESTIC ISSUES
4. NEGLIGENT ENTRUSTMENT

Question 213

2

PRIOR CONVICTION INVOLVING ACT OF DISHONESTY

Answer 213

1. IS ALWAYS ADMISSIBLE
2. NO BALANCING TEST UNDER 403

Question 214

WHERE AN UNINTENTIONAL ENTRY ONTO PLAINTIFF’S YARD CAUSES DAMAGES, DEFENDANT CAN RECOVER

Answer 214

THROUGH NEGLIGENCE

Question 215

1

AT DIVORCE - CLOSELY HELD CORPORATION SHARES ARE TREATED LIKE

Answer 215

1. SP OR CP BUSINESS

Question 216

2

QUALIFIED PRIVILEGE IS AVAILABLE WHERE THERE IS A

Answer 216

SOCIALLY USEFUL CONTEXT FOR THE SPEECH AT ISSUE

GOOD FAITH BELIEF THAT STATEMENT IS TRUE

Question 217

1

ECONOMIC RIGHTS TYPICALLY RECEIVE THIS LEVEL OF SCRUTINY

Answer 217

1. RATIONAL BASIS

Question 218

1

TPB CAN ONLY SUE PROMISSEE IF THE TPB IS A

Answer 218

1. CREDITOR BENEFICIARY

Question 219

1

EXONERATION FOR CA - IN CA, EXONERATION MUST EXPRESSLY STATE

Answer 219

1. A SPECIFIC GIFT IS TO BE EXONERATED.

Question 220

Complaints:

Answer 220

a complaint is a pleading stating a claim for relief. Federal complaints must state a federal cause of action on their face. Complaints must also state the grounds of the court’s jurisdiction, a short and plain statement of the claim, and the demand for relief sought.

Question 221

1

ACTUAL CAUSE OF INJURY INVOLVES MULTIPLE DEFENDANTS -> SWITCH TO

Answer 221

1. SUBSTANTIAL FACTOR

Question 222

6

FRE - IMPEACHING A WITNESS WITH A PAST CONVICTION - DETAILS

Answer 222

1. CONVICTIONS INVOLVING DISHONESTY ALWAYS COME IN
2. OTHER FELONY CONVICTION FOR WITNESS REQUIRES 403
3. OTHER FELONY CONVICTION FOR WITNESS CRIMINAL DEFENDANT REQUIRES PROBATIVE V. PREJDUICIAL
4. IF CRIME IS ADMISSIBLE, EXTRINSIC EVIDENCE CAN BE USED TO PROVE IT.
5. OVER 10 YEARS, PROBATIVE VALUE SUBSTANTIALLY OUTWEIGHS PREJUDICE
6. PARDON, ANNULMENT AND CLEAN RECORD - CONVICTION IS INADMISSIBLE

Question 223

4

CALIFORNIA JURY VERDICTS REQUIRE

Answer 223

3/4 VERDICT

Question 224

5

PROCEDURAL DUE PROCESS - PROPERTY DEPRIVATIONS INCLUDE

Answer 224

1. ANY LEGITIMATE CLAIM OR ENTITLEMENT TO A BENEFIT UNDER THE LAW
2. PUBLIC SCHOOL ATTENDANCE
3. WELFARE
4. PUNITIVE DAMAGE AWARDS
5. ENEMY COMBATANT STATUS

Question 225

3

THE GOVERNMENT CAN REGULATE SYMBOLIC SPPECH WHERE

Answer 225

1. REGULATIONS FURTHER AN IMPORTANT GOVERNMENT INTEREST
2. UNRELATED TO SUPPRESSION OF THE MESSAGE
3. THE REGULATION’S IMPACT ON SPEECH IS NO GREATER THAN NECESSARY TO FURTHER THE INTEREST.

Question 226

3

CA CRIMINAL CASE - IMPEACHING WITNESS’ CREDIBILITY. DIFFERENCE FROM FRE - WITNESS CAN BE IMPEACHED WITH

Answer 226

1. NON-CONVICTION MISCONDUCT INVOLVING MORAL TURPITUDE
2. ON X-EXAM OR EXTRINSIC EVIDENCE
3. SUBJECT TO PROBATIVE V PREJUDICE BALANCING TEST

Question 227

1

FUTURE INTERESTS AND ADVERSE POSSESSION - THE SOL DOES NOT BEGIN TO RUN UNTIL

Answer 227

1. THE INTEREST BECOMES POSSESSORY

Question 228

1

CONTRACT OBLIGATIONS WILL USUALLY SURVIVE DEATH OF A PARTY UNLESS

Answer 228

1. THE CONTRACT WAS FOR UNIQUE PERSONAL SERVICES

Question 229

2

PUBLIC EMPLOYMENT - EMPLOYEE’S RIGHTS TO SPEEK

Answer 229

1. IF MATTER OF PUBLIC CONCERN, BALANCING TEST
2. IF NOT MATTER OF PUBLIC CONCERN, EMPLOYER GETS WIDE DEFERENCE

Question 230

1

WHERE OWNER HAS REASON TO BELIEF TRESPASSERS ON HER LAND, SHE HAS A DUTY TO WARN OF ALL

Answer 230

1. KNOWN OR CONCEALED ARTIFICIAL CONDITIONS.

Question 231

2

DIFFERENCE BETWEEN ADVISORY OPINIONS AND DECLATORY JUDGMENTS - IN A DECLATORY RELIEF ACTION THERE IS AN

Answer 231

1. ACTUAL CONTROVERSY
2. LITIGANTS ARE AT LEAST NOMINALLY ADVERSE

Question 232

2

AN OFFER REQUIRING ACCEPTANCES BY PROMISE MAY STILL BE ACCEPTED BY PERFORMANCE IF

Answer 232

1. OFFEREE BEGINS TO PERFORM
2. OFFEROR LEARNS THAT OFFEREE HAS STARTED PERFORMANCES AND ACQUIESCES

Question 233

4

POOLED OR BLOCK VOTING TRUST REQUIRES

Answer 233

1. WRITTENT TRUST AGREEMENT
2. FILED WITH CORPORATION
3. SHAREHOLDER GETS TRUST CERTIFICATES
4. SHAREHOLDER REATINS ALL RIGHTS BUT VOTING

Question 234

1

CALIFORNIA IME - IF A PARTY REQUESTING THE IME WANTS TO ATTEND, HE MUST GET A

Answer 234

1. COURT ORDER

Question 235

3

CA SERVICE BY MAIL ON OUT OF STATE DEFENDANTS

Answer 235

1. FIRST CLASS MAIL RETURN RECEIPT
2. COPY OF SUMMONS AND COMPLAINT PACKAGE
3. SERVICE EFFECTIVE AFTER 10 DAYS

Question 236

1

WHERE AN ILLEGALITY BY A TENANT IS MINOR, IT MAY NOT

Answer 236

1. CONSTITUTE A BREACH

Question 237

2

LIKE WITH A MOTION TO COMPEL, THE PARTY MOVING FOR A PROTECTIVE ORDER HAS TO SHOW THAT

Answer 237

1. THERE WAS A MEET AND CONFER ABOUT PROTECTED MATTER
2. OR AN ATTEMPT TO MEET AND CONFER

Question 238

2

REASONABLE USE THEORY

Answer 238

1. RIPARIAN OWNERS SHARE RIGHTS TO REASONABLE WATER USE
2. ONLY LIABLE WHERE USE UNREASONABLY INTEREFERERS WITH OTHER OWNER’S USE

Question 239

1

MY PARENTS FREQUENTLY FORGOT TO READ CHILDREN’S STORIES

Answer 239

Minimum Contacts: Purposeful Availment; Foreseeability Fairness: Relatedness; Convenience; State’s Interest

Question 240

4

STEPS REQUIRED FOR MERGER

Answer 240

1. BOARD NEGOTIATES TERMS WITH AQUIRING CORPORATION
2. BOARD RECOMMENDS MERGER TO SHAREHOLDERS
3. SHAREHOLDERS APPROVE BY MAJORITY OR 2/3 VOTE
4. CERTIFICATE OF MERGER IS FILED WITH SOS

Question 241

CEC ALLOWS A PRIOR INCONSISTENT STATEMENT BE USED AS LONG AS

Answer 241

WITNESS HAS NOT BEEN EXCUSED

AND HAS AN OPPORTUNITY TO EXPLAIN OR DENY THE STATEMENT

Question 242

3

AGENTS DUTIES TO PRINCIPAL

Answer 242

1. DUTY TO OBEY REASONABLE INSRUCTIONS
2. LOYALTY (SELF-DEALING, USURPRING OPP, SECRET PROFITS)
3. CARE

Question 243

2

SURFACE WATER - REASONABLE USE THEORY

Answer 243

1. UTILITY OF USE IS BALANCED AGAINST
2. HARM CAUSED BY THE USE

Question 244

1

FOR INTENTIONAL TORTS, A DRUNK PERSON DOES NOT HAVE THE CAPACITY TO

Answer 244

1. CONSENT

Question 245

4

CEC RAPE SHIELD

Answer 245

1. PLAINTIFF PUTS AT ISSUE
2. DEFENDANT FILES MOTION TO OFFER EVIDENCE W/PROOF
3. JUDGE HOLDS HEARING OUTSIDE JURY TO ALLOW D TO QUESTION P
4. IF JUDGE FINDS EVIDENCE PROB OUTWEIGHS PREJ, MAMKES ORDER ALLOWING EVIDENCE TO BE ADMITTED

Question 246

5

TYPES OF EASEMENTS

Answer 246

1. EXPRESS CREATION
2. CREATION BY IMPLICATION
3. CREATION BY NECESSITY
4. CREATION BY PRESCRIPTION
5. CREATION BY ESTOPPEL

Question 247

MORTGAGE CONTRACTS DEFAULT CLAUSES CANNOT WAIVE THE RIGHT OF

Answer 247

REDEMPTION

Question 248

3

CEC UNAVAILABILITY DISTINCTION FOR USE AS FORFEITURE EXCEPTION

Answer 248

1. SERIOUS FELONIES
2. CLEAR AND CONVINCING EVIDENCE DECLARANT KILLED OR KIDNAPPED
3. PRIOR STATEMENT MUST HAVE BEEN RECORDED BY LAW ENFORCEMENT

Question 249

3

A LIFE TENANT CAN EXPLOIT PROPERTY’S RESOURCES WHERE

Answer 249

1. NECESSARY FOR REPAIRS OR MAINTENANCE OF LAND
2. GRANT EXPRESSLY GIVES THE RIGHT TO EXPLOIT
3. LAND WAS USED FOR EXPLOITATION PRIOR TO GRANT (OPEN MINES DOCTRINE)

Question 250

2

HOLDER IN DUE COURSE IS SUBJECT TO DEFENSES THAT MAKE THE CONTRACT

Answer 250

1. VOID
2. (NOT VOIDABLE DEFENSES)

Question 251

1

STATUTE OF FRAUDS IS SATISIFED WHERE BOTH PARTIES ARE MERCHANTS AND PARTY ASSERTING DEFENSE

Answer 251

1. RECEIVED A SIGNED WRITING MEMORIALIZING THE AGREEMENT AND FAILED TO RESPOND WITHIN 10 DAYS OF RECEIPT.

Question 252

3

ORAL REAL ESTATE TRUST CAUSING CONSTRUCTIVE TRUST

SETTLOR HANDS DEED TO TRUSTEE TO GIVE TO BENEFICIARY

TRUSTEE CAN’T INVOKE SOF WHERE

Answer 252

1. FIDUCIARY RELATIONSHIP BETWEEN S AND T
2. FRAUD IN INDUCEMENT WAS COMMITTED BY T
3. DETRIMENTAL RELIANCE BY B

Question 253

4

INTERLOCUTORY APPEALS MAY OCCUR BY

Answer 253

1. EXTRAORDINARY RIGHT
2. CERTIFIED ORDERS
3. COLLATERAL ORDER DOCTRINE
4. APPEALS AS MATTER OF RIGHT.

Question 254

2

FRE - CIRCUMSTANTIAL GUARANTEES OF TRUSTWORTHINESS FOR ANCIENT DOCUMENT MAY BE

Answer 254

1. FOUND IN A PLACE OF NATURAL CUSTODY
2. DOES NOT PRESENT IRREGULARITIES ON ITS FACE

Question 255

2

THESE GENDER CLASSIFICATIONS HAVE PASSED INTERMEDIATE SCRUTINY

Answer 255

1. STATUTORY RAPE LAWS
2. ALL MALE MILITARY DRAFT

Question 256

2

SCIENTER FOR MISREPRENSTENTATION

Answer 256

1. KNOWLEDGE THE STATEMENT WASN’T TRUE
2. RECKLESS DISREGARD OF THE SUBSTANTIAL LIKELIHOOD STATEMENT WAS FALSE

Question 258

3

VENUE CHANGE - FEDERAL TRANSFER STATUTE - TO CONSIDER TRANSFERING CASE W/IN THE SAME JUDICIAL SYSTEM, THE COURT WILL CONSIDER ALL FACTORS, INCLUDING

Answer 258

1. CONVENIENCE OF PARTIES
2. FORUM SELECTION CLAUSE IN CONTRACT
3. INTEREST OF JUSTICE

Question 259

CONFRONTATION CLAUSE AND SEEING WITNESS IS SATISFIED

Answer 259

1. WHERE DEFENDANT CAN SEE WITNESSES
2. THROUGH CLOSED CIRCUIT TV IN OTHER ROOM

Question 260

4

MUTUAL MISTAKE OF MATERIAL FACT VS. MISUNDERSTANDING OF MATERIAL FACT

Answer 260

1. MUTUAL MISTAKE OCCURS WHEN PARTIES ENTER A CONTRACT WITH MISTAKEN ASSUMPTION ABOUT THE CIRCUMSTANCES OF A CONTRACT.
2. CONTRACT IS VOIDABLE BY INJURED PARTY.
3. (CONTRACT FOR PRIZE COW, BUT THEY DON’T KNOW COW IS DEAD)
4. MISUNDERSTANDING IS WHEN PARTIES ENTER THE CONTRACT WITH A MUTUAL MISUNDERSTANDING OF A MEANING.
5. CONTRACT IS VOID.
6. (CONTRACT FOR FARMER’S PRIZE BROWN COW, HE HAS TWO PRIZE COWS AND EACH PARTY THINK THE CONTRACT IS REFERRING TO A DIFFERENT COW.)

Question 261

2

CAFA WON’T WORK FOR

Answer 261

1. SHAREHOLDER CLAIMS AGAINST CORPORATE MANAGEMENT
2. STATE SECURITIES LAW CLAIMS

Question 262

2

IF AN OUT OF COURT IDENTIFICATION IS EXCLUDED FOR SUGGESTIVENESS OR UNRELIABILITY

Answer 262

1. A SUBSEQUENT IN COURT IDENTIFICAITON WILL NOT BE ALLOWED IF IT IS TAINTED BY THE UNNECESSARILY SUGGESTIVE LINEUP
2. BUT NOT IF HE HAS AN INDEPENDENT BASIS, WHOLLY UNRELATED TO THE PRE-TRIAL PROCEDURE, FOR POINTING TO THE DEFENDANT.

Question 264

3

A COMMON INTEREST COMMUNITY IS A

Answer 264

1. HOUSING DEVELOPMENT WHERE INDIVIDUAL OWNERS SHARE FINANCIAL RESPONSIBLITY FOR COMMON AREAS
2. MANAGED BY HOMEOWNERS ASSOCIATIONS
3. MAY BE RESIDENTIAL, COMMERCIAL OR MIXED-USE

Question 265

IF THE NATIONAL GUARD SHOOTS PROTESTERS, THIS TORT WILL BE FORESEEABLE IN LIGHT OF THE ARMED GUARD’S DUTIES

Answer 265

BATTERY

Question 266

3

FEDERAL PLEADINGS MUST STATE

Answer 266

1. FACTS SUPPORTING PLAUSIBLE CLAIM SUFFICIENT TO PUT D ON NOTICE AND ALLOW HIM TO PREPARE REASONABLE RESPOSNE
2. BASIS OF SMJ
3. DEMAND FOR RELIEF

Question 267

2

AGENCY AGREEMENTS MAY BE REVOKED BY DEATH OR INCAPACITY OF PRINCIPAL UNLESS PRINCIPAL GIVES

Answer 267

1. WRITTEN DURABLE POWER OF ATTORNEY
2. WITH CONSPICUOUS SURVIVAL LANGUAGE

Question 268

2

FUNDAMENTAL RIGHTS ARE CREATED BY BOTH

Answer 268

FIF

Question 269

3

CLASS ACTION FAIRNESS ACT IS A

Answer 269

1. SEPARATE MEANS OF OBTAINING SMJ
2. WHERE CLASS MEMBERS EXCEED 100
3. DAMAGES EXCEED FIVE MILLION DOLLARS

Question 270

1

IN FEDERAL HOMICIDE CASE, FRE, IF HOMICIDE CASE AND DEFENDANT IS ALLEGING SELF DEFENSE, PROSECUTION CAN REBUT WITH

Answer 270

1. VICTIM’S CHARACTER FOR PEACEFULNESS

Question 271

1

PERMIT FEES THAT VARY BASED ON THE TYPE OF SPEECH ARE

Answer 271

1. UNCONSTITUTIONAL

Question 272

5

CA SERVICE BY MAIL REQUIREMENTS

Answer 272

1. MAILED BY INDEPENDENT PARTY
2. FIRST CLASS MAIL, RETURN RECEIPT
3. TWO COPIES OF SUMMONS AND COMPLAINT
4. ACKNOWLEDGEMENT FORM
5. ONLY EFFECTIVE IF ACKNOWLEDGED

Question 273

2

WHO DECIDES TO INDEMNIFY A CORPORATE AGENT OR DIRECTOR?

Answer 273

MAJORITY OF INDEPENDENT BOARD MEMBERS OR

MAJORITY OF INDEPENDENT SHAREHOLDERS

Question 274

1

ONCE A PERSON DISCOVERS THAT HER MARRIAGE IS NOT VALID

Answer 274

1. HER QMP RIGHTS DO NOT ACCRUE

Question 275

3

TRUSTEE’S DUTY OF LOYALTY

Answer 275

1. NO SELF-DEALING
2. NO CONFLICTS OF INTEREST
3. TREAT ALL BENEFICIARIES EQUALLY

Question 276

2

FRE AND BURDEN OF PRODUCTION

Answer 276

PROPONENT PRODUCES EVIDENCE SUFFICIENT TO SUPPORT PRESUMPTION FACT IS TRUE +

OPPONENT PRODUCES NO EVIDENCE TO REBUT PRESUMPTION=

PROPONENT IS ENTITLED TO JURY INSTRUCTION TO CONCLUDE EXISTENCE OF FACT (MUST/MAY FOR CIVIL/CRIMINAL)

Question 277

2

SURFACE WATER LANDOWNERS - NATURAL FLOW THEORY - SURFACE LANDOWNERS ARE LIABLE WHERE THEY

Answer 277

1. UNREASONABLY ALTER NATURAL DRAINAGE

Question 278

2

PAROL EVIDENCE MAY BE ALLOWED WHERE

Answer 278

1. AGREEMENT ONLY PARTIALLY INTEGRATED
2. ADDITIONAL TERMS WOULD ORDINARILY BE IN A SEPARATE AGREEMENT

Question 279

3

A DIRECTOR MAY BREACH HIS DUTY OF LOYALTY BY

Answer 279

1. USURPING A CORPORATE OPPORUNITY
2. SELF- INTEREST DEALINGS
3. COMPETING WITH THE CORPORATION.

Question 280

2

DUTIES OF DISCLOSURE FOR TRIAL

Answer 280

1. D - DISCLOSE USE OF ALIBI OR INSANITY DEFENSE
2. P - DISCLOSE EXCULPATORY, MATERIAL EVIDENCE

Question 281

3

SUBSTANTIVE DUE PROCESS INVOLVES A DETERMINATION OF

Answer 281

1. ADEQUACY OF GOVERNMENT’S REASONS FOR DEPRIVING LIFE, LIBERTY OR PROPERTY
2. FUNDAMENTAL RIGHT - STRICT SCRUTINY
3. NON FUNDAMENTAL RIGHT - RATIONAL BASIS

Question 282

3

THREE COMPETING THEORIES OF SURFACE WATER LANDOWNERSHIP ARE

Answer 282

1. NATURAL FLOW VS.
2. COMMON ENEMY VS.
3. REASONABLE USE THEORY

Question 283

2

QCP - WHO GETS IT AT DEATH

Answer 283

1. ACQURING SPOUSE DIES - QCP BECOMES CP
2. NON-ACQUIRING SPOUSE DIES - AQUIRING SPOUSE TAKES AS SP

Question 284

3

WHERE ONE PARTY HAS SUBSTANTIALLY PERFORMED, THE OTHER PARTY IS

Answer 284

1. OBLIGATED TO PERFORM
2. COMPLETE PERFORMANCE
3. BUT CAN SEEK DAMAGES FOR THE DIFFERENCE BETWEEN THE PERFORMANCE RENDERED AND THE PERFORMANCE EXPECTED.

Question 285

1

INDEPENDENT MEDICAL EXAMS ARE CONSIDERED _____ BY FEDERAL COURTS AND WILL THEREFORE BE REQUIRED IN ALL FEDERAL CASES WHERE GOOD CAUSE AND OTHER APPLICABLE REASONS APPLY.

Answer 285

1. PROCEDURAL LAW

Question 286

3

PROOF BEYOND A REASONABLE DOUBT. IN CRIMINAL CASES - DUE PROCESS REQUIRES THAT

Answer 286

1. EVERY ELEMENT IS PROVEN BEYOND A REASONABLE DOUBT
2. ALLOWING THE TRIER OF FACT TO CONCLUDE FROM THE EVIDENCE
3. THAT NO REASONABLE DOUBT REMAINS AS TO DEFENDANT’S GUILT.

Question 287

2

FEDERAL CIVIL CASE - PRESUMPTIONS AND AFFECT ON BURDEN OF PERSUASION.

Answer 287

PROPONENT PRODUCES EVIDENCE SUFFICIENT TO SUPPORT PRESUMPTION FACT IS TRUE +

BUT OPPONENT PRODUCES EVIDENCE SUFFICIENT TO SUPPORT PRESUMPTION IS NOT TRUE =

JURY WEIGHS ALL OF THE EVIDENCE, WITH NO PRESUMPTION

Question 288

1

CAUSATION FOR INTENTIONAL TORTS

Answer 288

1. SUBSTANTIAL FACTOR

Question 289

1

IN CA, CASE LAW PROHIBITS JUDGE FROM GIVING JUDICIAL NOTICE TO

Answer 289

FACTS THAT PROSECUTION MUST PROVE BEYOND A REASONABLE DOUBT

Question 290

2

A NONDIVERSE DEFENDANT INTERVENOR WILL NOT DESTROY DIVERSITY WHERE

Answer 290

1. IT ISN’T INDISPENSIBLE
2. DEFENDANTS CAN CLAIM THEY ARE INDISPENSIBLE

Question 291

2

DEFENSE OF DWELLING - DEADLY FORCE MAY BE USED WHERE

Answer 291

1. INTRUDER INTENDS TO HARM SOMEONE WITHIN THE DWELLING
2. INTRUDER INTENDS TO COMMIT A FELONY WITHIN THE DWELLING

Question 292

4

FOR A CASE TO BE JUSTICIABLE, IT MUST SATISFY THE REQUIREMENTS FOR

Answer 292

1. STANDING
2. RIPENESS
3. MOOTNESS
4. POLITICAL QUESTION DOCTRINE

Question 293

3

LAWS CRIMINALIZING GROUP MEMBERSHIP ARE ONLY ALLOWED WHERE

Answer 293

1. GROUP INVOLVED WITH ILLEGAL ACTIVITIES
2. DEFENDANT HAD KNOWLEDGE OF ILLEGAL ACTIVITIES
3. DEFENDANT JOINED GROUP WITH SPECIFIC INTENT OF FURTHERING ACTIVITIES

Question 294

2

RACE-NOTICE STATUTE

Answer 294

1. LAST BFP WITHOUT NOTICE OF PRIOR UNRECORDED INTEEST
2. WHO RECORDS BEFORE PRIOR UNRECORDED INTEREST WINS.

On the MBE, a race-notice statute looks as follows: “No conveyance or mortgage of an interest in land is valid against any subsequent purchaser for value without notice thereof whose conveyance is first recorded.

Question 295

2

WILL MISTAKE - MISTAKE IN CONTENT

Answer 295

1. OMISSION - NO JUDICIAL REMEDY BC COURT WON’T REWRITE
2. ADDITION - REMEDY OK, COURT WILL JUST CROSS OUT

Question 296

2

RISK OF LOSS WILL PAST TO BUYER AT DELIVERY OF GOODS TO COMMON CARRIER UNLESS IT IS A

Answer 296

1. DESTINATION CONTRACT
2. ANYTHING NOT FOB [SELLER’S LOCATION]

Question 297

1

PRESIDENT CAN REMOVE THIS LEVEL OF FEDERAL OFFICERS

Answer 297

1. HIGH-LEVEL EXECUTIVE OFFICERS

Question 298

1

ALLEGATIONS OF MINOR CHILD CEC HEARSAY EXCEPTION

Answer 298

1. EVIDENCE OF A STATEMENT BY A MINOR CHILD IF OFFERED IN CERTAIN ACTIONS AGAINST A PERSON ALLEGED TO HAVE INJURED THE CHILD.

Question 299

2

QUIET TITLE ACTIONS MAY BE

Answer 299

QUASI-IN-REM WHERE AGAINST ONE OR MORE SPECIFIC INDIVIDUALS

(THE PARTIES’ RIGHT TO THE PROPERTY)

IN REM WHERE AGAINST CLAIMANTS KNOWN AND UNKNOWN

(RIGHTS TO THE PROPERTY)

Question 300

2

AN OBLIGEE WITH HAVE ENFORCEMENT RIGHTS AGAINST AGAINST A DELEGATEE WHERE

Answer 300

1. DELEGATEE HAS RECEIVED COMPENSATION FROM DELEGATOR
2. DELEGATEE KNOWS IT IS RENDERIGN A PERFORMANCE FOR THE BENEFIT OF A THIRD PARTY.

Question 301

3

WHEN CAN A DEMURRER TO AN ANSWER BE FILED? WHEN THE ANSWER IS

Answer 301

1. IS UNCERTAIN
2. DOES NOT STATE FACTS SUFFICIENT TO CONSITUTE A DEFENSE
3. BREACH OF CONTRACT ACTION - ANSWER DOES NOT CONTAIN FACTS SUFFICIENT TO ESTABLISH WHETHER CONTRACT WAS WRITTEN OR ORAL.

Question 302

4

AUTOMOBILE EXCEPTION. THE POLICE MAY SEARCH A CAR AFTER

Answer 302

1. PROBABLE CAUSE EXISTS THAT A VEHICLE CONTAINS EVIDENCE OF A CRIME
2. POLICE MAY SEARCH THE ENTIRE VEHICLE
3. INCLUDING TRUNK, CONTAINERS LIKELY TO CONTAIN EVIDENCE
4. PASSENGERS AND PASSENGER’S BELONGINGS.

Question 303

WHERE A LANDOWNER GRANTS OWNERSHIP OF A DUPLEX TO TENANTS OF THE DUPLEX IN JOINT TENANCY - THE UNITY OF POSSESSION IS NOT

Answer 303

SEVERED

Question 304

2

DAMAGES FOR MISREPRESENATION ARE MEASURED BY

Answer 304

1. PLAINTIFF’S PECUNIARY LOSS OR
2. VALUE OF EXPECTED BENEFIT OF THE BARGAIN.

Question 305

4

TYPES OF ERRORS AND RESULTING AVAILABILITY FOR APPEAL

Answer 305

1. HARMLESS ERROR - OBJECTION MADE, IMPROPER RULING, HARM NONE.
2. PREJUDICIAL ERROR - OBJECTION MADE, IMPROPER RULING, PREJUDICAL TO SUBSTANTIAL RIGHT.
3. PLAIN ERROR - NO OBJECTION MADE, IMPROPER ADMISSION, PREJUDICAL TO SUBSTANTIAL RIGHT
4. INVITED ERROR - NO OBJECTION MADE ON PURPOSE, STUCK WITH RESULT

Question 306

3

CEC PROHIBITS IMPEACHING WITNESSES WITH PAST BAD ACTS IN CIVIL CASES BUT IN CRIMINAL CASES

Answer 306

1. USE PAST BAD ACTS
2. EXTRINSIC EVIDENCE
3. PROP 8 LETS IT ALL IN

Question 307

5

SPENDTHRIFT PROVISION IN TRUST

Answer 307

1. TRUSTEE CAN’T VOLUNTARILY ALIENATE INTEREST
2. SECURES BENEFICIARY AGAINST HIS OWN IMPROVIDENCE
3. PROTECTING INTEREST FROM 3RD PARTY CREDITORS
4. UNTIL INTEREST HAS BEEN PAID TO BENEFICIARY
5. EXCEPT FOR CS, ALIMONY, GOVERNMENT CREDITORS AND LIFE NECESSARIES

Question 308

6

THESE DEFENSES, IF NOT RAISED IN THE ANSWER, WILL BE DEEMED WAIVED

Answer 308

1. CONTRIBUTORY NEGLIGENCE
2. CLAIM PRECLUSION
3. STATUTE OF FRAUDS
4. FRAUD
5. STATUTE OF LIMITATIONS
6. SELF-DEFENSE

Question 309

2

FEDERAL CROSS CLAIMS

Answer 309

1. MUST ARISE FROM SAME TRANSACTION OR OCCURRENCE
2. ARE NEVER COMPULSORY

Question 310

2

WHERE A MERCHANT’S FIRM OFFER IS IN PLAY, MAKE SURE THE MERCHANT’S REVOCATION ISN’T GIVEN

Answer 310

1. WITHIN THE THREE MONTH IRREVOCABILITY PERIOD
2. BECAUSE IT WILL BE INEFFECTIVE.

Question 311

3

GENERAL WELFARE CLAUSE ON AN ANSWER WILL GENERALLY INVOLVE

Answer 311

1. TAXING
2. SPENDING
3. OR AN AREA WITHIN CONGRESS’ POLICE POWER

Question 312

2

AN EQUITABLE MORTGAGE IS CREATED BY

Answer 312

1. CONVEYANCE OF AN ABSOLUTE DEED AS SECURITY FOR A LOAN
2. ALONG WITH PROMISE BY GRANTEE TO RECONVEY DEED TO GRANTOR WHEN LOAN IS PAID OFF.

Question 313

1

SP WILL LIKELY NOT BE GRANTED FOR

Answer 313

1. OUT OF STATE CONTRACT

Question 314

6

NOTICE REQUIRED FOR CLASS ACTIONS WHERE QUESTIONS OF LAW PREDOMINATE - NOTICE MUST CONTAIN

(THE NOTICE IS A BAD CAN TO CONTAIN THE INFORMATION)

Answer 314

1. BINDING EFFECT OF JUDGMENT ON CLASS MEMBERS
2. ABILITY TO REQUEST EXCLUSION
3. DEFINITION OF CERTIFIED CLASS
4. CLASS CLAIMS, ISSUES, DEFENSES
5. APPEARANCE ABILITY FOR CLASS MEMBER
6. NATURE OF THE ACTION

Question 315

3

IF A VARIANCE IS BEING APPEALED, DISCUSS

Answer 315

1. EQUAL PROTECTION
2. DUE PROCESS
3. TAKINGS CLAUSE

Question 316

2

A GENERAL PARTNER IS PERSONALLY LIABLE FOR ALL OF A LIMITED PARTNER’S

Answer 316

1. TORT OBLIGATIONS
2. CONTRACT OBLIGATIONS

Question 317

2

ENTERPRISE LIABILITY.

Answer 317

Enterprise liability is a legal doctrine under which individual entities can be held jointly liable for some action on the basis of being part of a shared enterprise

Question 318

4

PRIORITY OF DISTRIBUTION RECEIPT

Answer 318

1. PREFERRED WITH DIVIDEND PREFERENCE
2. PREFERRED AND PARTICIPATING
3. PREFERRED AND CUMULATIVE
4. COMMON STOCK

Question 319

1

CONDUCT INTENEDED TO COMMUNICATE A MESSAGE IS

Answer 319

1. SYMBOLIC SPEECH

Question 320

3

A LAY WITNESS MAY OFFER OPINION TESTIMONY WHERE

Answer 320

1. RATIONALLY BASED ON WITNESS’ PERCEPTION
2. HELPFUL TO TRIER OF FACT
3. NOT BASED ON SPECIALIZED KNOWLEDGE

Question 321

3

MOTION FOR NONSUIT (CA ONLY)

Answer 321

1. D MOVES AT CLOSE OF P’S OPENING ARGUMENT
2. OR CLOSE OF P’S ARGUMENT
3. ARGUING NO SUBSTANTIAL EVIDENCE STATED TO SUPPORT A VERDICT FOR PLAINTIFF

Question 322

4

THESE PORTIONS OF THE BILL OF RIGHTS ARE NOT EXTENDED BY THE 14TH AMENDMENT

Answer 322

1. 3RD AMENDMENT AND QUARTERING SOLDIERS
2. 5TH AMENDMENT RIGHT TO GRAND JURY
3. 7TH AMENDMENT RIGHT TO JURY TRIAL IN CIVIL CASES
4. 8TH AMENDMENT RIGHT AGAINST EXCESSIVE FINES

Question 323

2

ADULTS PLAYING CHILDREN WILL NOT QUALIFY AS

Answer 323

CP

Question 324

1

HOLDOVER TENANT - WHERE A LANDLORD ELECTS TO IMPOSE A NEW PERIODIC TENANCY ON A HOLDOVER TENANT, HE CAN DEMAND HIGHER RENT WHERE

Answer 324

1. HE GAVE NOTICE OF THE INCREASE BEFORE THE LEASE EXPIRED.

Question 325

2

CRIMINAL CASE - RAPE SHIELD - ONLY THIS TYPE OF EVIDENCE MAY BE USED

Answer 325

SP

Question 326

1

WASTE - A CO-TENANT CAN BRING AN ACTION AGAINST ANOTHER CO-TENANT FOR

Answer 326

1. WASTE

Question 327

1

WHERE A MINOR IS SUED FOR A CONTRACT FOR LIFE NECESSITIES, DEFENDANT SHOULD USE

Answer 327

1. QUASI-CONTRACT

Question 328

2

ONLY DEFENDANT CAN OPEN THE DOOR TO INTRODUCE EVIDENCE OF

Answer 328

VICTIM’S CHARACTER TO PROVE CONDUCT

Question 329

2

BREAK IN INTERROGATION REQUIREMENTS UNDER MIRANDA

Answer 329

1. RIGHT TO COUNSEL ASSERTION = 14 DAY BREAK IN CUSTODY
2. RIGHT TO REMAIN SILENT = SIGNIFICANT LAPSE OF TIME, NEW SET OF WARNINGS

Question 330

A BALL THROWN AND BOUNCED OFF OF A TREE WILL NOT AMOUNT TO INTENT SUFFICIENT TO SUPPORT AN ACTION FOR

Answer 330

TRESPASS

Question 331

1

CALIFORNIA DISCOVERY REQUIRES THAT THE INFORMATION SOUGHT IS

Answer 331

1. RELEVANT TO THE SUBJECT MATTER OF LITIGATION

Question 332

14

CRAPPED WITE FIB

CONGRESS’ ENUMERATED POWERS

Answer 332

1. COMMERCE
2. REVENUE RAISING BY TAX
3. ALIEN NATURALIZATION
4. POST OFFICE
5. PROPERTY POWER
6. ELECTIONS, FEDERAL
7. DISTRICT OF COLUMBIA
8. WAR POWERS
9. INVESTIGATORY POWERS
10. TREATY POWER (RATIFICATION)
11. ENFORCEMENT OF CIVIL RIGHTS (13,14,15TH AMENDMENTS)
12. FISCAL POWER
13. INFERIOR COURT REGULATION
14. BANKRUPTCY

Question 333

2

DAMAGES FOR MISREPRESENATION REQUIRE PROOF OF

Answer 333

1. ACTUAL DAMAGES
2. CAUSED BY PLAINTIFF’S RELIANCE ON MISREPRESENTATION

Question 334

5

THE SIXTH AMENDMENT WILL ATTACH AFTER A DEFENDANT IS CHARGED. PROCEDURES FILING CHARGES WILL INCLUDE

Answer 334

1. FORMAL CHARGES
2. PRELIMINARY HEARING
3. INDICTMENT
4. ARRAIGNMENT
5. INFORMATION

Question 335

2

DESIGNATION OF TREATING PHYSICIANS AS AS EXPERTS

Answer 335

1. FRE - NON-REPORTING EXPERT
2. CEC - NON-RETAINED EXPERT

Question 336

1

FOR INJUNCTION SEEKING PRIOR RESTRAINT, USE DEFENSE OF

Answer 336

1. FREE SPEECH

Question 337

2

MISTAKE IN EXECUTION

Answer 337

1. NO PROBATE WHERE NO INTENT
2. UNLESS RECIPROCAL OR MUTUAL WILL

Question 338

1

CEC DIFFERENCE FROM FRE - WHEN THE WITNESS MAKES A NONRESPOSIVE ANSWER,

Answer 338

1. ANY PARTY CAN OBJECT

Question 339

4

Constructive Trust:

Answer 339

1. EQUITABLE REMEDY POSED WHERE LEGAL DAMAGES INSUFFICIENT
2. PLAINTIFF CAN TRACE UNJUST GAIN AS SOLE SOURCE OF DEFENDANT’S TITLED PROEPRTY
3. CONSTRUCTIVE TRUST TAKES LEGAL TITLE TO PROPERY
4. DEFENDANT IS TRUSTEE FOR PURPOSE OF TRANSFERRING PROPERTY TO PLAINTIFF

Question 340

2

QUASI IN REM JURSIDICTION WILL ALLOW JUDGMENT AGAINST DEFENDANT TO BE SATISFIED

Answer 340

ONLY OUT OF THE ADJUDICATED PROPERTY.

Question 341

2

UCC 2-201 SOF EXCEPTION FOR PARTIAL PERFORMANCE - GOODS HAVE BEEN

Answer 341

1. ACCEPTED
2. ACCEPTED AND PAID FOR

Question 342

DON’T FORGET HOSTILE FOR ADVERSE POSSESSION SIMPLY MEANS

Answer 342

INCONSISTENT WITH OWNER’S OWNERSHIP

(CLAIMANT BELIEVES HE HAS A VALID DEED TO PROPERTY AND HE IS TRUE OWNER

TAKES POSSESSION AS TRUE OWNER

SUFFICIENT HOSTILITY TO MEET ADVERSE POSSESSION)

Question 343

4

PRELIMINARY INJUNCTION - TO ORDER A PRELIMINARY INJUNCTION - THE PLAINTIFF MUST FIRST ESTABLISH:

Answer 343

1. IRREPERABLE HARDSHIP IF STATUS QUO NOT PRESERVED BEFORE TRIAL
2. BALANCE OF HARDSHIPS WEIGHS IN FAVOR OF PLAINTIFF
3. LIKELIHOOD OF SUCCESS ON THE MERITS
4. POST A BOND TO REIMBURSE DEFENDANT IF PLAINTIFF DOES NOT SUCCEED ON MERITS OF CLAIM.

Question 344

1

WHERE SELLER BREACHES BY DELIVERING NON-CONFORMING BUT SUPERIOR GOODS, IT WILL NOT REDUCE

Answer 344

1. BUYER’S DAMAGES

Question 345

1

PAYMENT WITHOUT AN OPPORTUNITY TO INSPECT IS NOT

Answer 345

1. ACCEPTANCE

Question 346

Congress requires a 2/3 vote only when drinking a TEA I.V.

Answer 346

T – For the Senate to ratify a Treaty
E – To Expel a member from either House of Congress
A – To propose an Amendment to the Constitution (2/3 vote in each House)
I – For the Senate to convict an Impeached official (2/3 of those present)
V – For both Houses to override a Presidential Veto

Question 347

3

MAKE SURE PROBATIVE VALUE STANDARD INDICATES

Answer 347

1. PROBATIVE VALUE IS
2. SUBSTANTIALLY OUTWEIGHED
3. BY DANGER OF UNFAIR PREJUDICE

Question 348

2

PERMISSIVE INTERVENTION - FRCP V. CCP

Answer 348

1. FRCP = COMMON QUESTION OF FACT
2. CCP = DIRECT AND IMMEDIATE

Question 349

2

WHERE TENANT DOES NOT PAY RENT AND CONTINUES TO MAINTAIN POSSESSION, LANDLORD MAY

Answer 349

1. FILE FOR NOTICE OF EVICTION
2. SUE FOR RENT DUE

Question 350

1

FRE - WHERE DEFENDANT IS ACCUSED OF HOMICIDE, AND HE OFFERS ANY KIND OF EVIDENCE THAT VICTIM WAS AGGRESSOR, PROSECUTION MAY INTRODUCT EVIDENCE OF

Answer 350

1. VICTIM’S CHARACTER FOR PEACEFULNESS

Question 351

2

CLASSIFICATION OF LIFETIME GIFTS RECEIVED BY BENEFICIARIES AND HEIRS THAT WILL AMOUNT TO THEM TAKING THEIR DEVISE OR INHERITANCE BEFORE THE TESTATOR/DECEDENT DIES

Answer 351

1. WILL - ADEMPTION BY SATISFACTION
2. INTESTATE SUCCESSION - ADVANCEMENT

Question 352

1

TO ENGAGE IN INTRASTATE BUSINESS IN A FOREIGN STATE, A CORPORATION MUST FILE A

Answer 352

1. CERTIFICATE OF AUTHORITY

Question 353

1

ISSUES NOT INCLUDED IN THE PRETRIAL ORDER ARE GENERALLY

Answer 353

EXCLUDED AT TRIAL

Question 354

3

QUALIFICATIONS FOR AN ORDER CERTIFYING APPEAL OF AN INTERLOCUTORY ORDER

Answer 354

1. ORDER INVOLVES A CONTROLLING QUESTION OF LAW
2. WHERE THERE ARE SUBSTANTIAL DIFFERENCES OF OPINION
3. RULING ON LAW WILL MATERIALLY ADVANCE RESOLUTION OF THE ACTION.

Question 355

4

MAKE SURE STATE OF MIND STATEMENTS ARE MADE IN THE

Answer 355

PRESENT TENSE

Question 356

4

FULL FAITH AND CREDIT CLAUSE - REMEMBER, IF THE ORIGINAL STATE COURT ACTUALLY LITIGATED IT, THE NEW STATE

Answer 356

HAS TO HONOR IT.

(PJ, STATE’S CONSENT TO JURSIDICTION)

Question 357

2

PLEA BARGAINS MAY BE ENFORCED AGAINST BOTH PARTIES, BUT THE JUDGE

Answer 357

IS NOT REQUIRED TO ACCEPT OR ADHERE TO THE AGREEMENT

Question 358

2

CONSEQUENCES OF SIMULTANEOUS DEATH

Answer 358

1. JOINT TNEANTS -> EACH ESTATES TAKE HALF
2. CP/QCP -> EACH ESTATE

Question 359

2

ERIE AND CONFLICTS OF LAW RULES - FEDERAL COURTS MUST APPLY THE

Answer 359

1. CONFLICT OF LAW RULES OF THE STATE WHERE THE CASE WAS FILED
2. UNLESS CASE WAS ORIGINALLY FILED IN IMPROPER VENUE, THEN USE LAWS OF STATE WHERE TRANSFERRED.

Question 360

1

GIFT LISTS ARE EFFECTIVE WHERE

Answer 360

1. EXECUTED AFTER 1987

Question 361

4

CEC - IMPEACHMENT OF WITNESS WITH PRIOR CRIMES IN A CRIMINAL CASE

BALANCE YOUR MORAL TURPITUDE!!!!

Answer 361

1. NO FELONIES THAT DON’T INVOLVE MORAL TURPITUDE
2. EVERYTHING SUBJECT TO BALANCING TEST
3. PROP 8 WILL ALLOW MORAL TURPITUDE MISDEMEANORS IN, BUT REMEMBER #2
4. PROP 8 WILL ALLOW MORAL TURPITUDE CHARGES IN, BUT REMEMBER #2

Question 362

1

EXECUTIVE AGREEMENTS ONLY PREVAIL OVER

Answer 362

1. CONFLICTING STATE LAWS

Question 363

1

DEFEASIBLE FEES ARE

Answer 363

1. ESTATES THAT MAY TERMINATE UPON THE OCCURRENCE OF A STATED EVENT
2. A CONTINGENT REMAINDER CAN NEVER FOLLOW A DEFEASIBLE FEE

Question 364

2

DRR WHEN SECOND WILL IS INVALID, DRR

Answer 364

1. WON’T APPLY
2. BECAUSE SECOND WILL WAS NEVER EFFECTIVE TO REVOKE

Question 365

CALIFORNIA - ADDITIONS TO SERVICE DEADLINES FOR SERVICE BY MAIL

Answer 365

1. 5 DAYS INSIDE CA
2. 10 DAYS OUTSIDE CA
3. 20 DAYS OUTSIDE US

Question 366

1

THE DEFENDANT DOES NOT HAVE THE RIGHT TO HAVE COUNSEL PRESENT AT

Answer 366

1. PRE-CHARGE LINEUPS

Question 367

2

PERMISSIVE INTERVENTION AND THE GOVERNMENT OFFICER- INTERVENTION MAY BE PERMITTED WHERE PARTY IS

Answer 367

1. A GOVERNMENT OFFICER OR AGENT
2. EXISTING CLAIM OR DEFENSE RELATIONS TO OFFICER/AGENCY/STATUTE/REGULATION

Question 368

2

RACE STATUTE

Answer 368

1. FIRST TO RECORD WINS
2. NOTICE IS IRRELEVANT

On the MBE, a race statute will look as follows: “No conveyance or mortgage of an interest in land is valid against any subsequent purchaser whose conveyance is first recorded.

Question 369

1

MULTIPLE P’S CAN AGGREGATE CLAIMS AGINST ONE D IN THE RARE EVENT

Answer 369

1. THEY ARE SEEKING TO ENFORCE A RIGHT IN WHICH THEY HAVE A COMMON, UNDIVIDED INTEREST.

Question 370

1

WHERE TENANT REMOVES FIXTURES, HE COMMITS

Answer 370

1. WASTE

Question 371

1

WATCH OUT FOR CALIFORNIA BUSINESS RECORDS THAT ATTEMPT THAT INCLUDE OPINIONS OR DIAGNOSES CONCERNING MEDICAL TREATMENT, THE CEC WILL ONLY ALLOW THE ADMISSION OF

Answer 371

1. SIMPLE DIAGNOSES

Question 372

3

FAILURE OF CONDITION V. FAILURE OF PROMISE

Answer 372

1. FAILURE OF CONDITION = RELIEVES PERFORMANCE DUTY
2. FAILURE OF PROMISE = BREACH OF CONTRACT
3. FAILURE OF COVENANT = SUBSTANTIAL PERFORMANCE

Question 373

FAILURE TO MENTION TIME OF PAYMENT FOR DELIVERIES OF GOODS WON’T NEGATE THE FACT THAT IT IS AN

Answer 373

INSTALLMENTS CONTRACT.

Question 374

1

TERMINATION OF PERIODIC TENANCY REQUIRES THAT THE TERMINATION MUST BE AT THE

Answer 374

1. END OF THE PERIOD OF THE TENANCY

Question 375

5

CONTROL BY COURT: TRIAL JUDGE HAS DISCRTION TO

Answer 375

1. REGULATE MANNER AND ORDER OF PROOF
2. EXERCISE REASONABLE CONTROL AS NEEDED
3. MAKE INTERROGTAIONS AS EFFICIENT AND EFFECTIVE AS NEEDED
4. FOR ASCERTAINMENT OF TRUTH AND
5. PROTECTING WITNESSES FROM UNDUE EMBARASSMENT.

Question 376

2

WHERE INTERLINEATIONS STRIKE OUT AN OLD DEVISE AND A NEW DEVISE IS MADE FOR LESSER AMOUNT

Answer 376

1. MUST MEET TESTAMENTARY FORMALITIES
2. DRR WON’T APPLY

Question 377

2

CP FUNDS USED TO IMPROVE SPOUSE’S OWN SP - WHAT DOES THE COMMUNITY GET

Answer 377

1. AMOUNT OF VALUE INCREASED
2. OR REIMBURSEMENT, WHICHEVER IS GREATEST

Question 378

2

DUTY OF PRUDENT INVESTOR - TRUSTEE MUST

IEB

Answer 378

1. INVEST AND MANAGE TRUST ASSETS
2. AS A PRUDENT INVESTOR WOULD

Question 379

Civil Procedure - Objections To Method of Inquisition

Poorly phrased questions set off the BAC door ALARM.

Answer 379

overly BROAD question

AMBIGUOUS question

COMPOUND question

ARGUMENTATIVE badgering of witness

LEADING question on direct exam

ASSUMING fact not in evidence as part of question

REDUNDANT question requiring cumulative response

MISQUOTING prior statement by witness

Question 380

2

RAPE SHIELD LAWS - CEC - CHARACTER EVIDENCE - CRIMINAL CASE

Answer 380

1. PAST CONSENSUAL SEX WITH DEFENDANT
2. VICTIM’S DRESS SUBJECT TO BALANCING TEST

Question 381

2

TO EXCUSE PERFORMANCE THROUGH IMPOSSIBILITY OR IMPRACTICABILITY, THE EVENT MUST BE

Answer 381

1. UNFORESEEN
2. THE NONOCCURENCE OF WHICH WAS A BASIC ASSUMPTION OF THE PARTIES

Question 382

2

EXPANDING OR CHANGING A TRUSTEE’S DUTY OF CARE

Answer 382

1. A SETTLOR MAY EXPAND OR RESTRICT THE TRUSTEE’S DUTY OF CARE
2. BUT HE CANNOT REMOVE THE REQUIREMENT THAT A TRUSTEE ACT IN GOOD FAITH.

Question 383

2

ZONE OF DANGER IS THE ZONE WHERE

Answer 383

1. PLAINTIFF WAS AT FORESEEABLY AT RISK
2. FROM INJURY RESULTING FROM DEFENDANT’S CONDUCT.

Question 384

1

WHERE A PLAINTIFF IS SEEKING RESTITUTION FOR AN UNENFORCEABLE CONTRCT AND THE VALUE OF THE BENEFIT IS GREATER THAN THE CONTRACT PRICE

Answer 384

1. SHE CAN RECOVER THE GREATER AMOUNT.

Question 385

2

SUBSTANTIAL IMPAIRMENT STANDARD FOR REJECTING NON-CONFORMING GOODS IN AN INSTALLMENT CONTRACT

Answer 385

1. ONLY SUBSTANTIAL IMPAIRMENT ALLOWS REJECTION
2. BUYER MAY DEDUCT THE LOSSES CAUSED BY NON-CONFORMITY FROM AMOUNT OWED TO SELLER

Question 386

4

ADVERSE POSSESSION ELEMENTS

COAH

Answer 386

1. CONTINUOUS
2. OPEN AND APPARENT
3. ACTUAL POSSESSION
4. HOSTILE

Question 387

1

AN EASEMENT CREATED BY NECESSITY WILL TERMINATE WHEN

Answer 387

1. THE NECESSITY ENDS

Question 388

1

CEC STATEMENT AGAINST INTEREST DISTINCTION

Answer 388

1. CRIMINAL CASES DON’T NEED CORROBORATING CIRCUMSTANCES

Question 389

2

FRE - AFTER DEFENDANT HAS OPENED DOOR TO CHARACTER, IT IS LIMITED TO THESE TYPES OF EVIDENCE ON DIRECT EXAM

Answer 389

1. REPUTATION
2. OPINION

Question 390

1

WHERE LAND IS SOLD WITH A MORTGAGE - THE BUYER WILL ONLY BE PERSONALLY LIABLE IF THE CONTRACT EXPRESSLY STATES THERE IS AN

Answer 390

1. ASSUMPTION OF MORTGAGE

Question 391

3

GOVERNMENT MAY DISCRIMINATE BY PASSING LAWS THAT ARE

Answer 391

1. FACIAL DISCRIMINATORY
2. HAVE A DISCRIMINATORY MOTIVE
3. HAVE A DISCRIMINATORY APPLICATION

:

Question 392

3

FRAUD IN THE REVOCATION WILL AMOUNT TO

Answer 392

1. NO PROBATE
2. ESTATE IS PUT IN CONSTRUCTIVE TRUST
3. HEIRS ARE TRUSTEES FOR PURPOSE OF TRANSFERRING TO INTENDED BENEFICIARIES

Question 393

4

EXPERT DAUBERT

PETA WAS AN EXPERT AT MAKING BREAD

Answer 393

1. Peer reviewed and published
2. Error rate( low)
3. Tested( and ability to retest)
4. Acceptance( reasonable rate of)

Question 394

2

WHO IS LIABLE IF STOCK IS SOLD FOR LESS THAN PAR VALUE

Answer 394

D’S WHO SIGNED OFF ON SALE

PURCHASER (SHAREHOLDERS MUST BE FULL CONSIDERATION FOR SHARES)

Question 395

3

AMMORTIZATION AND NON-CONFORMING USE - USE OF AMMORTIZATION TO SATISFY TAKINGS CLAUSE

Answer 395

1. NONCONFORMING USE’S IMMEDIATE VALUE IS AMMORTIZED OVER THE COURSE OF A SET PERIOD
2. ONCE THE VALUE OF THE NON-CONFORMING USE REACHES ZERO
3. THE NONCONFORMING USE ENDS.

Question 396

2

PRIVILEGE TO ENTER PROPERTY TO RECAPTURE WRONGFULLY TAKEN PROPERTY - INNOCENT THIRD PARTY’S PROPERTY

Answer 396

1. GIVE NOTICE TO THIRD PARTY
2. IF THIRD PARTY SAYS, “NOPE”, ENTER PROPERTY AT REASONABLE TIME AND IN PEACEFUL MANNER

Question 397

2

WHAT TWO THINGS TO ARE NOT NEEDED FOR BENEFIT TO RUN WITH THE LAND?

Answer 397

1. HORIZONTAL PRIVITY
2. NOTICE

Question 398

4

. Extra requirements for Wiretapping warrant = “Screen Telephone Calls Carefully”

Answer 398

a. S – Suspected persons named in the warrant
b. T – Time period of the duration of tapping
c. C – Crime specified which the tapping is intended to uncover
d. C – Conversations that can be overheard

Question 399

5

EXPECTATION DAMAGES

Answer 399

1. EXPECTATION INTEREST
2. PLUS CONSEQUENTIAL DAMAGES
3. LESS PAYMENTS RECEIVED
4. MONEY SAVED BY NON PERFORMANCE
5. AND DUTY TO MITIGATE

Question 400

Evidence - Subject Outline Mnemonic

Follow RECIP(e) H to decide if the evidence is admissible.

Answer 400

Relevance

Extrinsic PUBLIC policies

Character evidence

Impeachment

Privileges

(e)

HEARSAY

Question 401

2

RELIANCE DAMAGES ARE AWARDED WHERE EXPECTATION DAMAGES ARE TOO

Answer 401

1. SPECULATIVE
2. UNCERTAIN

Question 402

3

IMPLIED WARRANT OF MERCHANTABILITY IS BREACHED WHERE

Answer 402

1. MERCHANT SPECIALIZED IN THE TYPE OF GOODS SOLD
2. GOODS ARE NOT OF THE AVERAGE ACCEPTABLE QUALITY
3. OR NOT FIT FOR GENERAL INTENDED PURPOSE OF GOODS

Question 403

1

CONDITIONS ARE

Answer 403

AGREED-UPON LIMITATIONS ON PERFORMANCE

Question 404

3

TREATY CONFLICTS

Answer 404

1. STATE V. TREATY = TREATY PREVAILS
2. FEDERAL LAW V. TREATY = MOST RECENT IN TIME PREVAILS
3. CONSTITUTION V. TREATY = CONSTITUTION PREVAILS

Question 405

4

WHERE A CONTRACT WAS PARTLY EXECUTORY AND BUYER MADE A LATE PAYMENT AND THEN BRINGS SP CLAIM, EQUITY MAY ORDER SP IF

Answer 405

1. PAYMENT WAS FORTHCOMING WITHIN A REASONABLE TIME
2. SELLER’S LOSS WAS SLIGHT
3. FULL COMPENSATION WAS TENDERED FOR THE DELAY OR
4. ENFORCING TIME CONDITION IS UNCONSCIONABILE

Question 406

4

QUORUM OF DIRECTORS IS ESTABLISHED BY THIS NUMBER OF DIRECTORS BEING PRESENT AT A BOARD MEETING

Answer 406

1. MAJORITY OF AUTHORIZED DIRECTORS
2. UNLESS OTHERWISE AUTHORIZED BY BYLAWS
3. BYLAWS MAY NOT PROVIDE THAT QUORUM IS CREATED BY ONE LESS THAN ONE THIRD OF DIRECTORS
4. OR FEWER THAN TWO.

Question 407

4

WORDS OF EXPRESS CONDITION ATTACHED TO A FEE SUBJECT TO CONDIDTION SUBSEQUENT OR EXECUTORY LIMITATION

THEY WILL MAKE A B HOP

Answer 407

1. BUT IF,
2. PROVIDED THAT,
3. ON CONDITION THAT,
4. HOWEVER

Question 408

3

JUDGENTS IS VOID AND MOTION FOR RELIEF WILL BE GRANTED (FOREVER) WHERE

Answer 408

1. LACK OF SUBJECT MATTER JURISDSICTION
2. LACK OF STANDING BY PLAINTIFF
3. DUE PROCESS ERROR DEPRIVING PARTY OF NOTICE/OPPORTUNITY TO BE HEARD

Question 409

1

TRUSTEES AND TORTS - IF TRUSTEE IS PERSONALLY AT FAULT

Answer 409

1. CAN BE HELD INDIVIDUALLY LIABLE

Question 410

2

RESIDENCY FOR VENUE - AN UNINCORPORATED ASSOCIATION WILL TRIGGER PROPER VENUE IN THE PLACE

Answer 410

1. ORGANIZATION IS LOCATED
2. NOT ITS INDIVIDUAL MEMBERS

Question 411

3

IMPLIED PREEMPTION TRIGGERS

Answer 411

1. MUTUAL EXCLUSIVITY
2. STATE LAW IMPEDES FEDERAL OBJECTIVE
3. CONGRESS’ ACTION IMPLY CLEAR INTENT TO BE SOLE LEGISLATIVE AUTHORITY

Question 412

1

A BUYER CAN CANCEL AN INSTALLMENT CONTRACT ONLY WHERE

Answer 412

1. NONCONFORMITY WITH RESPECT TO ONE OR MORE INSTALLMENTS SUBSTANTIALLY IMPAIRS VALUE OF WHOLE CONTRACT.

Question 413

2

SPECIAL WARRANTY - GRANTOR ASSURES

Answer 413

1. LAND HAS NOT BEEN CONVEYED TO ANOTHER
2. LAND IS FREE FROM GRANTOR’S ENCUMBRANCES

Question 414

2

IF WITNESS BELIEVES SOMETHING BUT HE IS NOT ABSOLUTELY

Answer 414

1. The victim’s uncertainty goes to the weight that should be
2. given to his testimony, not to its admissibility.

Question 415

OBJECTIVE STANDARDS

Answer 415

OFFENSIVE NATURE OF TOUCHING FOR BATTERY

INTERFERENCE WITH PLAINTIFF’S USE AND ENJOYMENT OF HIS LAND FOR NUISANCE

Question 416

2

PUBLIC SAFETY EXCEPTION TO MIRANDA

Answer 416

1. POLICE MAY ASK QUESTIONS OF SUSPECT IF IT IS REASONABLY PROMPTED BY CONCERN FOR PUBLIC SAFETY

Question 418

2

DIFFERENCE BETWEEN CEC AND FRE REGARDING FORMER ACTS OF SEXUAL ASSAULT/CHILD MOLSETSATION

Answer 418

What is difference btwn the FRE and CEC regarding admissibility of prior acts of sexual assault/child molestation?

1) The FRE allows propensity evidence in civil AND criminal cases. But, CEC only allows in criminal cases. 2) CEC permits propensity evidence in criminal cases that charge domestic violence or elder abuse–but the FRE do not.

Question 419

2

CONGRESS MAY USE ITS TAXING POWER TO REGULATE WHERE

Answer 419

1. IT HAS THE POWER TO REGULATE THE THING TAXED OR
2. THE EFFECT OF THE REGULATION DOES RAISE REVENUE

Question 420

1

FOR OPPOSITE SEX PARTNERS, TO REGISTER UNDER CALIFORNIA’S DOMESTIC PARTNERSHIP STATUTE, ONE PARTNER MUST BE

Answer 420

1. OVER 62

Question 421

4

APELLATE COURTS WILL NOT DISTURB VALID PLEA BARGAINS UNLESS

Answer 421

1. PLEA WAS INVOLUNTARY
2. COURT THAT TOOK PLEA LACKED JURISDICTION
3. D HAD INEFFECTIVE ASSISTANCE OF COUNSEL
4. PROSECUTOR FAILED TO HONOR PLEA BARGAIN

Question 422

2

SPECIAL SHAREHOLDERS MEETING CAN BE CALLED BY

Answer 422

BOD

PRESIDENT

10 PERCENT OF VOTING SHARES

Question 423

2

WHERE BUYER RETURNS NON-CONFORMING GOODS AND DOESN’T PROCURE COVER, HE CAN STILL RECOVER DIFFERENCE BETWEEN

Answer 423

1. FMV OF GOODS AT THE TIME OF BREACH
2. MINUS CONTRACT PRICE

Question 424

1

COMMERCE CLAUSE - SUBSTANTIAL EFFECT DOCTRINE GIVES CONGRESS THE RIGHT TO LEGISLATE INTRASTATE COMMERCE WHERE

Answer 424

1. INTRASTATE ACTIVITY HAS A CUMULATIVE, SUBSTANTIAL EFFECT ON INTERSTATE COMMERCE

Question 425

4

PASSIVE USE OCCURS WHERE

Answer 425

1. TRUSTEE HAS NO DUTY ASIDE FROM HOLDING LEGAL TITLE.
2. TRUST PROPERTY IS SUBJECT TO TOTAL AND PRESENT USE BY BENEFICIARY
3. TRUST TERMINATES AUTOMATICALLY
4. VESTS TITLE IN BENEFICIARY.

Question 426

5

A TENANCY AT WILL WILL TERMINATE BY OPERATION OF LAW WHERE

Answer 426

1. DEATH OF EITHER PARTY
2. WASTE BY THE TENANT
3. ASSIGNMENT BY THE TENANT
4. TRANSFER OF THE TITLE BY THE LANDLORD
5. LEASE BY THE LANDLORD TO A THIRD PARTY

Question 427

2

SELLER’S AGENT MAY STILL EARN COMMISSION WHERE THE SALE FAILS TO CLOSE DUE TO

Answer 427

1. SELLER’S FAULT

Question 428

1

PUBLIC EMPLOYMENT - A PERSON MAY ONLY BE FIRED FOR PARTY AFFLIATION IF HE IS IN A

Answer 428

1. POLICY MAKING POSITION

Question 429

3

IN LAND SALE CONTRACT, THE SELLER CONVENANTS TO

Answer 429

1. TO DELIVER MARKETABLE TITLE AT END OF CLOSING,
2. MAKE NO MATERIAL MISREPRESENTATIONS AND
3. DISCLOSE LATENT DEFECTS

Question 430

1

SUBSTANTIVE DP V. PROCEDURAL DP

Answer 430

1. COURT REVIEWS THE SUBSTANCE OF THE LAW, NOT THE PROCEDURES

Question 431

1

JUSTICIABILITY MEANS A

Answer 431

1. CASE OR CONTROVERSY EXISTS

Question 432

5

FIVE FACTORS OF DETERMINING VALIDITY OF STATE TAX AFFECTING INTERSTATE COMMERCE

Answer 432

1. SUBSTANTIAL NEXUS BETWEEN ACTIVITY TAXED AND TAXING STATE (MORE THAN MINIMUM CONTACTS)
2. TAX IS FAIRLY APPORTIONED
3. TAX MUST NOT DISCRIMINATE AGAINST INTERSTATE COMMERCE
4. TAX IS FAIRLY APPORTIONED TO THE SERVICES PROVIDED BY THE FORUM STATE
5. NOT PREEMMPTED BY FEDERAL LAW.

Question 433

4

FRE DAUBERT VS. CEC KELLY FOR SCIENTIFIC EXPERTS

Answer 433

1. FRE - NOVEL SCIENTIFIC THEORY OKAY AS LONG AS IT IS VALIDATED BY SOUND METHODOLOGY AND ADEQUATE RESEARCH
2. CEC - SCIENTIFIC THEORY MUST BE GENERALLY ACCEPTED AS VALID AND RELIABLE IN SCIENTIFIC FIELD. (DOESN’T APPLY TO MEDICAL TESTIMONY)

Question 434

3

Wills - Slayer Statute Exceptions

A KILLER MAY STILL TAKE WHERE HE TAKES WITHOUT SIN

Answer 434

1. perfect SELF-DEFENSE
2. INSANITY
3. NEGLIGENT homicide

Question 435

DON’T FORGET, THE BEST ANSWER ALLOWING A DEFENDANT TO PREVAIL ON A DEFAMATION ACTION IS THAT THE STATEMENT MADE BY DEFENDANT

Answer 435

WAS TRUE.

Question 436

1

IF BOTH SERVIENT AND DOMINANT PARCEL HOLDER USE AN EASEMENT, THE REPAIR COSTS ARE

Answer 436

1. APPORTIONED

Question 437

1

SPRINGING EXECUTORY CUTS SHORT THE

Answer 437

1. GRANTOR’S INTEREST

Question 438

1

AN EASEMENT BY RESERVATION IS VOID WHERE IT RESERVES THE USE

Answer 438

1. FOR THE BENEFIT OF ANOTHER

Question 439

WHERE A STATE PASSES USURY STATUTE, IT IS USING ITS

Answer 439

POLICE POWER

Question 440

4

DETERMINING IF A STATE LAW CASE IS REMOVABLE TO THE FEDERAL SYSTEM

Answer 440

1. CASE RAISES A FEDERAL ISSUE
2. ISSUE IS ACTUALLY DISPUTED
3. ISSUE IS SUBSTANTIAL TO THE FEDERAL JUSTICE SYSTEM
4. EXERCISING FEDERAL JURSIDICTION DOES NOT DISTURB CONGRESSIONALLY APPROVED BALANCY OF FEDERAL AND STATE JUDICIAL SYSTEMS.

Question 441

3

MERGER APPROVAL REQUIREMENTS

Answer 441

1. REQUIRES SHAREHOLDER APPROVAL
2. SHAREHOLDER APPROVAL NOT NEEDED WHERE CHANGE NOT SIGNFICANT
3. SHORT FORM MERGER OK WHERE 90 PERCENT OWNED OR MORE SUBSIDIARY MERGES INTO ANOTHER

Question 442

1

ORAL CONDITIONS GIVEN AT DELIVERY OF DEED WON’T COUNT IF

Answer 442

1. THEY AREN’T IN DEED.

Question 443

1

BFP’S FOR VALUE INCLUDE

Answer 443

1. MORTGAGEES FOR VALUE

Question 444

1

AFTER A 12B MOTION, AN ANSWER MUST BE FILED IN

Answer 444

14 DAYS

Question 445

2

FOR DISTRIBUTION OF PARTNERSHP ASSETS, THESE PARTIES GET FIRST DIBS ON PARTNERSHIP ASSETS AT DISSOLUTIONS

Answer 445

1. THIRD PARTY CREDITORS
2. INSIDE PARTNERS WHO LOANED PARTNERSHIP MONEY

Question 446

2

WATCH OUT RAP QUESTIONS THAT INVOLVE A WOMAN AND HER CHILDREN, BECAUSE THE ASSUMPTION IS A WOMAN CAN HAVE CHILDREN

Answer 446

1. UNTIL SHE DIES

Question 447

WARRANTLESS ARRESTS (WHERE THE SUSPECT IS ARRESTED IN PUBLIC) ARE PERMISSIBLE FOR THIS TYPE OF CRIME, EVEN IF THE CRIME DOES NOT OCCUR IN THE OFFICER’S PRESENCE

Answer 447

FELONY CRIME

Question 448

3

INTENTIONAL INTERFERENCE WITH PROSPECTIVE BUSINESS ADVANTAGE

Answer 448

1. INDUCING THIRD PARTY
2. OR PREVENTING PLAINTIFF
3. FROM DRINKING PBR

Question 449

2

SPECIAL APPEARANCE MADE BE MADE TO:

Answer 449

1. FILE A PRE-ANSWER MOTION WITH THE COURT
2. WITHOUT HAVING TO FILE A RESPONSIVE PLEADING AND MAKE A GENERAL APPEARANCE.

Question 450

4

TERMINATION OF AGENCY RELATIONSHIP - AN AGENCY RELATIONSHIP IS TERMINABLE

Answer 450

1. AT WILL
2. BY EITHER PARTY
3. UNLESS AGENCY IS COUPLED WITH INTEREST IN SUBJECT MATTER
4. OR AGENCY POWER IS GIVEN FOR SECURITY.

Question 451

3

A FAILURE TO ACT CAN CONSTITUTE AN ACTUS REUS WHERE

Answer 451

1. D HAD A LEGAL DUTY TO ACT
2. D HAD KNOWLEDGE OF THE FACTS GIVING RISE TO THE DUTY
3. IT WAS REASONABLY POSSIBLE FOR D TO PERFORM THE DUTY

Question 452

2

RAPE SHIELD LAWS - CEC - CHARACTER EVIDENCE - CIVIL CASE

Answer 452

1. PLAINTIFF PUTS AT ISSUE
2. INVOLVES SEXUAL CONDUCT WITH DEFENDANT

Question 453

2

LEAST RESTRICTIVE MEANS RULE - UNDER THE LEAST RESTRICTIVE MEANS RULE, A GOVERNMENT LAW MUST

Answer 453

1. BE FRAMED TO IMPINGE ON TEH LEAST AMOUNT OF CIVIL LIBERTIES POSSIBLE
2. WHILE ACHIEVING ITS OBJECTIVE.

Question 455

Evidence - Self-Authenticating Documents

OIL CANS are self-authenticating

Answer 455

OFFICIAL publications issued by public authority

INSTRUMENTS - negotiable and commercial paper

LABEL, tag or trademark affixed on item in regular course of business

CERTIFIED public documents (by clerk of agency or court that had custody)

ACKNOWLEDGED documents signed before notary, swore to truth, content and execution (except wills)

NEWSPAPERS and periodicals with reasonably wide circulation

SEALED documents (government certified)

Question 456

6

FEDERAL - SPECIAL PLEADING IS REQUIRED FOR ISSUES INVOLVING

FeCeS JOT

Answer 456

1. FRAUD
2. CONDITIONS PRECEDENT
3. OFFICIAL DOCUMENT OR ACT
4. JUDGMENT
5. TIME AND PLACE
6. SPECIAL DAMAGES

Question 457

2

PRIVATE NUISANCE CLAIMS REQUIRES

Answer 457

1. SUBSTANTIAL = OFFENSIVE TO THE AVERAGE PERSON
2. UNREASONABLE = PLAINTIFF’S INJURY OUTWEIGHS THE UTILITY OF DEFENDANT’S CONDUCT

Question 458

1

PARTIAL VIOLATIONS ARE

Answer 458

1. LESS SERIOUS DISCOVERY VIOLATIONS

Question 459

3

REQUIREMENTS TO AMEND A FEDERAL COMPLAINT TO ADD A DEFENDANT

Answer 459

1. WITHIN 90 DAYS OF COMPLAINT
2. DEFENDANT KNEW OR SHOULD HAVE KNOWNT THAT HE SHOULD HAVE BEEN NAMED IN ORIGINAL COMPLAINT
3. SAME TRANSACTION OR OCCURRENCE

Question 460

4

FOUR MEANS OF CREATING PERIODIC TENANCY

Answer 460

1. EXPRESS AGREEMENT
2. IMPLICATION (RENT IS PAID AT SET INTERVALS)
3. INVALID LEASE BUT LANDLORD ACCEPTS PAYMENT*
4. HOLDOVER TENANT BUT LANDLORD ACCEPTS PAYMENT*

PERIOD OF TENANCY IS FOR AMOUNT OF TIME PAYMENT COVERS

Question 461

1

DEADLINE FOR AN APPLICATION TO CERTIFY AN INTERLOCUTORY ORDER FOR APPEAL IS

Answer 461

1. 10 DAYS.

Question 462

2

MORTAGEE CAN TAKE POSSESSION OF LAND WHERE MORTGAGOR

Answer 462

1. CONSENTS
2. ABANDONS

Question 463

3

SHORT FORM MERGER MAY OCCUR WHERE

Answer 463

1. PARENT COMPANY IS MERGING WITH A SUBSIDIARY
2. ALREADY OWNS LARGE STAKE IN SUBSIDIARY
3. NO SHAREHOLDER VOTE REQUIRED

Question 464

Evidence - Ways to Impeach - 2 I’s 4 Ceeing

Answer 464

I:Interest or bias
I:Inconsistent statement and conduct
C=Contradiction by other witness or evidence
C=Conviction of a crime
C=Character for truthfulness
C=Capacity to observe, recal, relate

Question 465

2

DIFFERENT BURDENS REQUIRED FOR INTRASTATE ECONOMIC ACTIVITIES VS. INTRASTATE NON-ECONOMIC ACTIVITIES

Answer 465

1. ECONOMIC = RATIONAL BASIS TO CONCLUDE ACTIVITY IN AGGREGATE WILL SUBSTANTIALLY AFFECTS INTERSTATE COMMERCE
2. NON-ECONOMIC = DIRECT, SUBSTANTIAL EFFECT ON INTERSTATE COMMERCE (TOUGHER BURDEN TO MEET)

Question 466

1

EXCEPT TO THE NON-APPEALABILITLY OF REMAND ORDERS

Answer 466

1. DISCRETIONARY EXERCISE OF SUPPLEMENTAL JURISDICTION

Question 467

2

FRCP - DIFFERENT PARTIES ALLOWED FOR RES JUDICATA ONLY WHERE

Answer 467

1. SUCCESSORS-IN-INTEREST
2. VICARIOUS LIAIBLITY

Question 468

2

WHERE THE CONTRACT TERMS DIVIDE PAYMENT BETWEEN GOODS AND SERVICES

Answer 468

1. APPLY UCC TO SALE OF GOODS
2. APPLY COMMON LAW TO SERVICE PORTION

Question 469

5

FEDERAL PREEMPTION OF CP LAW - THESE THINGS ARE SP

Answer 469

1. ARMED FORCES LIFE INSURANCE BENEFITS
2. US SAVINGS BONDS (UNLESS FRAUD)
3. SOCIAL SECURITY
4. RR RETIREMENT (UNLESS SUPPLEMENTAL)
5. VA DISABILITY

Question 470

1

NEGATIVE EASEMENTS MAY ONLY BE CREATED THROUGH

Answer 470

1. EXPRESS GRANT

Question 471

2

PROMOTERS REMAIN PERSONALLY LIABLE ON A PRE-INC CONTRACT UNTIL THIS IS SIGNED

Answer 471

NOVATION

Question 472

8

GROUNDS FOR RESCISSION

MILF CUM

Answer 472

1. MISTAKE
2. ILLEGALITY
3. LACK OF CAPACITY
4. FAILURE OF CONSIDERATION
5. COERCION (DURESS)
6. UNDUE INFLUENCE
7. MISREPRESENTATION

Question 473

3

COLLATERAL ORDER DOCTRINE - THREE FACTORS REQUIRED TO SATISFY THE COLLATERAL ORDER DOCTRINE AND MAKE AN INTERLOCUTORY ORDER APPEALABLE

Answer 473

1. CONCLUSIVELY DETERMINES DISPUTED QUESTION
2. RESOLVES IMPORTANT ISSUE SEPARATE FROM THE MERITS OF THE ACTION
3. EFFECTIELY REVIEWABLE UPON APPEAL FROM FINAL JUDGMENT.

Question 474

3

CALIFORNIA - STATEMENT OF DAMAGES MUST BE SERVED WHEN

Answer 474

1. DEFENDANT DEMANDS
2. WITHIN 15 DAYS
3. OR BEFORE TAKING DEFAULT JUDGMENT

Question 475

2

WHERE GENERAL JX IS FOUND, DEFENDANT MAY BE SUED FOR

Answer 475

ANY CLAIM ARISING IN OR OUTSIDE THE FORUM

(THIS IS FOR PERSONAL JURSIDICTION, WATCH OUT FOR VENUE ISSUES)

Question 476

3

A CONTRACT MAY PREVENT REVOCATION OF A WILL, OR PORTIONS OF THE WILL WHERE THE WILL

Answer 476

1. SUFFICIENTLY IDENTIFIES THE CONTRACT AND IT EXISTS
2. MATERIAL PROVISIONS OF CONTRACT ARE IN THE WILL
3. CLEAR AND CONVINCING EVIDENCE OF AGREEMENT ENFORCEABLE AT EQUITY

Question 477

4

CATEGORIES OF ACTS THAT MAY BE PREVENTED THROUGH EASEMENT

Answer 477

1. LIGHT
2. AIR
3. SUPPORT
4. STREAM OF WATER

Question 478

IF YOU’RE LOOKING FOR AWAY TO MAKE THE MARIJUANA ADMISSIBLE AND THE OFFICER FOUND IT UNDER THE PASSENGER SEAT

Answer 478

USE THE AUTOMOBILE EXCEPTION.

Question 479

2

UPON DEATH OF NON-ACQUIRING SPOUSE, HEIRS HAVE NO CLAIM OVER

Answer 479

1. SS QCP
2. BECAUSE SEPARATION DIDN’T TERMINATE THE ECONOMIC COMMUITY

Question 480

2

IN A NON-PUBLIC FORUM, GOVERNMENT REGULATE THIS ASPECT OF SPEECH CONTENT

Answer 480

1. THE SUBJECT
2. (BUT NOT THE VIEWPOINT)

Question 481

2

EQUITABLE LIEN

Answer 481

Equitable Lien: An equitable lien is a equitable remedy used where plaintiff’s unjustly taken funds have been commingled with defendant’s property. By granting plaintiff a security interest, plaintiff may secure repayment, but equitable lien will be cut off by transfer of the property to a bona fide purchaser for value who takes without notice of the lien.

Question 482

2

WHERE A SELLER SELLS PROPERTY TO BUYER

BUYER FAILS TO RECORD

MORTGAGES PROPERTY TO LENDER WHO RECORDS

AND THEN SELLER MORTGAGES PROPERTY TO BANK, WHO RECORDS

BANK PREVAILS BECAUSE

Answer 482

1. BANK DIDN’T KNOW ABOUT LENDER’S MORTGAGE BECAUSE
2. LENDER’S MORTGAGE WAS OUTSIDE THE CHAIN OF TITLE

Question 483

2

WHERE THERE IS NO ELECTION CLAUSE IN A WILL AND W RECEIVES 1/2 CP FROM THE WILL, W CAN ASSERT BOTH

Answer 483

1. CP
2. AND RIGHTS UNDER THE WILL

Question 484

3

FRE V. CEC - DIFFERENCES IN ADMISSION OF JUDGMENT OF PRIOR CONVICTIONS

Answer 484

1. FRE ALLOWS CIVIL AND CRIMINAL TO PROVE FACTS ESSENTIAL TO THE JUDGMENT BUT CEC ONLY ALLOWS CIVIL OR - CRIMINAL CASES WHERE CRIME INVOLVED MORAL TURPITUDE (PROP 8)
2. FRE WON’T ALLOW ADMISSION OF NOLO CONTENDERE PLEAS BUT CEC WILL
3. FRE ONLY ALLOWS USE SUBSTANTIVELY REGARDING THE ACCUSED, BUT IMPEACHMENT REGARDING EVERYONE. CEC MAKES NO LIMITS REGARDING USE.

Question 485

CORN

Answer 485

PIE

Question 487

3

WHERE GIFTS ARE MADE IN CONTEMPLATION OF IMMINENT DEATH, THEY MUST BE MADE BY

Answer 487

1. ACTUAL DELIVERY
2. CONSTRUCTIVE DELIVERY (DONOR HAS DONE EVERYTHING POSSIBLE WITHIN HIS POWER AND NO FRAUD OR MISTAKE)
3. SYMBOLIC DELIVERY

Question 488

2

WHERE A CASE RESTS, ON INDEPENDENT, ADQUATE STATE GROUNDS, THE SUPREME COURT

Answer 488

1. WILL NOT GRANT REVIEW
2. UNLESS THE DECISION CANNOT STAND ON STATE GROUNDS ALONE

Question 489

2

COMMON LAW RIPARIAN RIGHTS PRIORITY OF USE

Answer 489

1. TO NATURAL PURPOSES (DOMESTIC USE, WATERING STOCK)
2. OVER ARTIFICIAL PURPOSES (IRRIGATION, MINING)

Question 490

Civil Procedure - reasons to grant Motion to Dismiss

In SIDEBAR, Plaintiff Finally admitted the claim should be dismissed.

Answer 490

1. STATUTE of Frauds
2. INFANCY or incompetency
3. subject matter of claim DISCHARGED in bankruptcy proceeding
4. ESTOPPEL (collateral estoppel or res judicata)
5. claim BARRED by statute of limitations
6. ARBITRATION and award
7. RELEASE from claim by plaintiff
8. PAYMENT by defendant
9. FAILURE to state a claim upon which relief can be granted

Question 491

4

RULE 26 INITIAL DISCLOSURES OF FACT REQUIREMENTS

(TIPD)

Answer 491

1. COPIES OR DESCRIPTIONS OF TANGIBLE EVIDENCE
2. IDENTIFIES THOSE LIKELY TO HAVE INFORMATION ABOUT DISCOVERABLE FACTS
3. DAMAGES COMPUTATION AND SUPPORTING DOCUMENTS
4. INSURANCE INFORMATION

Question 492

5

LUCAS

Answer 492

1. PRE 1984
2. OR AFTER DEATH
3. PROPERTY HELD JOINTLY PRESUMED CP
4. UNLESS AGREEMENT TO CONTRARY
5. NO REIMBURSEMENT OF SP USED FOR CP

Question 493

2

NEGATIVE RECIPROCAL EASEMENT

Answer 493

1. LANDOWNER DIVIDES HIS LAND
2. SELLS PARCELS TO GRANTEES WITH RESTRICTIONS
3. RESTRICTIONS WILL APPLY TO OWNER’S REMAINING LAND TOO

Question 494

2

UNDER THE UPIA, RISK OF LOSS PASSES TO BUYER ONCE

Answer 494

1. TAKES POSSESSION OF PROPERTY
2. OR LEGAL TITLE

Question 495

2

FOUNDATIONAL REQUIREMENT FOR IMPEACHING THROUGH BIAS OR INTEREST

Answer 495

1. WITNESS MUST BE QUESTION ON X-EXAM REGARDING FACTS THAT SHOW BIAS OR INTEREST SO
2. WITNESS HAS OPPORTUNITY TO EXPLAIN OR DENY

Question 496

WATCH OUT FOR A CONDITION AFTER DURATIONAL LANGUAGE IN A FEE,THAT SHIFTS THE INTEREST TO A THIRD PARTY

THE CONDITION WILL MAKE THE FEE

Answer 496

1. SUBJECT TO AN EXECUTORY LIMITATION
2. TRIGGERING THE RAP.

Question 497

1

WORKING AS A NOTARY PUBLIC IS

Answer 497

1. NOT INTEGRAL TO SELF GOVT. AND THE DEMOCRATIC PROCESS