July 14, 2020

Question 1

What can a federal court sitting in diversity do to sanction a party that refuses, in bad faith, to conduct discovery, when the laws of the forum state prohibit awarding attorney fees?

Answer 1

Use its inherent discretionary power to award attorney fees

Question 2

Explain the Model Penal Code’s test for a NGRI defense:

Answer 2

Consists of both a cognitive (can’t appreciate conduct is wrong) and volitional prong (can’t conform to the law/resist)

Question 3

A party to a contract whose duty is subject to a condition can waive the condition, either by words or by conduct.

In addition, that party may reinstate the condition if:

Answer 3

(i) the waiving party communicates a retraction of the waiver before the condition is due to occur, and (ii) the other party has not already suffered detrimental reliance.

Question 4

A defendant may go beyond the face of a warrant and challenge its validity due to the inclusion of false information in the affidavit when:

Answer 4

(i) Defendant can prove by a preponderance of the evidence that the false information was knowingly, intentionally, or with reckless disregard for its truthfulness included by the affiant in the affidavit and (ii) that the information was necessary to a finding of probable cause by the magistrate.

Question 5

May an owner of property who has been permitted to use that property in a way contrary to a zoning ordinance sell that right of use to a buyer?

Answer 5

Yes

Question 6

State the “State of Mind Exception” to the hearsay rule.

Answer 6

A statement of the declarant’s then-existing state of mind may be admitted to show a present intention, motive, or plan to prove conduct in conformity with that plan.

Question 7

Joinder, under Rule 14 Impleader (for contribution/indemnification), is _____________.

Answer 7

Permissive

Question 8

When the police conduct an otherwise valid traffic stop, when is it impermissible to allow a dog to sniff for drugs?

Answer 8

• when the officer has no reasonable suspicion there are drugs
• when the sniff unreasonably prolongs the stop past the time needed to conduct the traffic stop

Question 9

an accomplice is a person who…

Answer 9

… with the purpose of promoting or facilitating the commission of the offense, aids or abets a principal prior to or during the commission of the crime

Question 10

A voice (e.g., on a phone call) can be identified by

Answer 10

anyone familiar with that voice.

Question 11

Why are restitutionary damages awarded when a party partially performs a below-market-value contract and then the other party repudiates?

Answer 11

Because to allow expectancy damages would give the breaching party a windfall.