Got Wrong In Review

Question 1

Quiet enjoyment

Answer 1

Landlord interferes with tenants quiet enjoyment through total, partial, or construction eviction

Question 2

Equitable servitude

Answer 2

Gives the holder of the interest the right to restrict a 3rd part in the use of their land

Question 3

Tenants duties

Answer 3

1. Pay rent
2. Maintain the premises
3. No illegal purpose
4. Not to commit waste
   •voluntary - intentionally damages
   •permissive - fails to reasonably protect property
   •ameliorative - tenant alters property increasing its value

Question 4

Habit

Answer 4

Regalar response
To particular scenarios
Admissible to show acted
In accordance to habit
On a particular occasion

Question 5

Child standard of care

Answer 5

Compared to child of same age, intelligence, and experience

Question 6

Res judicata

Answer 6

Claim preclusion: there was a
• final judgment on the merits
• same parties
• same claim

Question 7

Expert Testimony

Answer 7

1) specialized area, testimony would assist the trier of fact
2) qualified witness
3) reasonable probability their opinion is correct
4) opinion is properly factually supported
5) opinion is based on reliable principles

Question 8

Supremacy clause

Answer 8

When state law directly conflicts with federal law, the federal law will take priority.

When intent is unclear SCOTUS prefers interpretations against preempting state law.

State Preemption Can be:

Express - state law directly opposes local power

Implied
• local ordinance prohibits act allowed by state legislature
• local ordinance permits an act prohibited by state legislature
• there is clear legislative intent that the “field” is preempted by state law (usually a traditional matter for the state)

Question 9

Unconscionability

Answer 9

Substantive
- risk allocation
- unfair surprise

Procedural
- unequal bargaining power

Question 10

8th amendment

Answer 10

Prohibits cruel and unusual punishment

The punishment cannot be grossly disproportionate to the seriousness of the crime

Question 11

Defamation

Answer 11

Defamatory statement and diminishes respect, esteem, or goodwill of the plaintiff or deters others from associating with plaintiff

And the statement was published to a 3rd party

Question 12

Entrapment

Answer 12

Police induces an individual to commit a crime they were not predisposed to commit

Question 13

Accessory after the fact

Answer 13

Helping to avoid apprehension or conviction and knew felony was convicted

Not liable for the principal’s offense

Liable for obstruction of justice