MBE 2013 one error cards for review

Question 1

When a tenant agrees to transfer his interest in some or all of the property for the remainder of the lease, this is an (i) _______, (not a (ii) ______). In (iii) __________, the tenant remains in (iv) ______ of _______ with the landlord and the subtenant is in (v) _____ of ______ with the landlord. If rent is defaulted, the landlord may seek (vi) ______ recompense from (vii) _____ ______

Answer 1

(i) assignment; (ii) sublease; (iii) assignment; (iv) privity of contract; (v) privity of estate; (vi) full; (vii) both parties

Question 2

A full (i) _______ cannot be admitted to evidence under FRE 803(18). A learned (ii) ______’s (iii) _______ can be read into (iv) ______, but the entire publication cannot be (v) ______ as ________. This is because (vi) _____ need guidance, and the may concentrate on (vii) _____ parts of the (viii) ______.

Answer 2

(i) book; (ii) treatise’s; (iii) statements; (iv) evidence; (v) entered as evidence; (vi) juries; (vii) irrelevant; (viii) book

Question 3

A party to a (i) ______ with (ii) ____ _____ to worry that the other party might not perform can request (iii) ___ ____ of performance, pursuant to UCC 2-609. If the other party satisfies the request for (iv) _____ of ______, the first party must continue to honor the (vi) ______.

Answer 3

(i) contract; (ii) reasonable grounds; (iii) adequate assurances; (iv) assurances of performance; (vi) contract

Question 4

A deed must be (i) _____ to be valid. (ii) _____ is a question of (iii) ______. Words of (iv) _______ can serve to immediately transfer (v) _____. Physically handing a deed to another party creates a (vi) ______ ______ of delivery. (vii) ______ the deed is not required to transfer title.

Answer 4

(i) delivered; (ii) delivery; (iii) intent; (iv) intent; (v) title; (vi) rebuttable presumption; (vii) recording

Question 5

In a breach of contract from employment, the injured party is entitled to be (i) ___ __ __ ___ _ ____ ___ ___ __ had the contract been performed. The injured party may also be compensated for (ii) _____ ______ incurred seeking to mitigate the breach

Answer 5

(i) put in the position he would have been in; (ii) reasonable expenses

Question 6

Article I, Section 8, Clause 1 of the Constitution gives Congress broad power to (i) _____ and ______ for the (ii) _____ ____.

Answer 6

(i) tax and spend; (ii) general welfare

Question 7

Mere presence at a (i) _____ is (ii) _______ to make a person a (iii) ________. An individual must take (iv) _____ steps to be an accomplice.

Answer 7

(i) crime; (ii) insufficient; (iii) accomplice; (iv) affirmative

Question 8

The firefighter’s rule (Tort Defense) does not apply to normal work, but only to claims for injuries that result from risks that are (ii) ___ or _____ to the (iii) ______ _____ work.

Answer 8

(i) unique or special; (ii) inherently dangerous

Question 9

Any state law that has (i) ____ ______ on interstate commerce must not be (iii) ______ or otherwise poses an undue burden on interstate commerce.

Answer 9

(i) substantial effect; (ii) protectionist

Question 10

The common law of (i) ______ requires that the defendant commit some (ii) ______ beyond preparation toward bringing about the intended crime.

Answer 10

(i) attempt; (ii) act

Question 11

In most situations, a (i) _______ professionals duty of (ii) _____ extends only to his or her patient. Considerations of (iii) _____ and ______ usually lead courts to deny a duty on the part of the (iv) ______ professional to non-patients, when only the patient is (v) __-____ of physical harm.

Answer 11

(i) medical; (ii) care; (iii) privacy and confidentiality; (iv) medical; (v) at-risk

Question 12

The federal removal statute only permits cases to be removed by the (i) _______(s). That is to say, a (ii) _______ cannot remove the case. Otherwise, the (iii) _____ could be forum-shopping.

Answer 12

(i) defendant; (ii) plaintiff; (iii) plaintiff

Question 13

Under the Federal Rules of Evidence 608(b), a witness can be (i) _______ with prior bad acts that bear upon truthfulness. If a prior bad act does not (ii) _______ the witness’s present testimony, it should not be admitted. (iii) _________ traits are not admissible in civil cases to prove actions on an occasion in question.

Answer 13

(i) impeached; (ii) contradict; (iii) character

Question 14

The privileges and immunities clause of Article IV, Section 2, Clause 1 only reaches (i) ____ ______ that discriminate against citizens of other states.

Answer 14

(i) state actions

Question 15

Service contracts are governed by (i) ___ _____, not the (ii) ______ _____ _____. the prevailing common law view is that a (iii) ________ to a contract requires (iv) ________ in order to be enforceable.

Answer 15

(i) common law; (ii) uniform commercial code; (iii) modification; (iv) consideration

Question 16

A (i) ____ _______ with right of survivorship is not (ii) _________ or (iii) _______ and cannot be severed by a will. Keep in mind that a will is not active possessory interest (iv) _____.

Answer 16

(i) joint tenancy; (ii) devisable; (iii) inheritable; (iv) death

Question 17

FRE 1003, the best (i) ______ rule, does not apply to copies of transcripts. A transcript may be used under FRE 612 to (ii) ______ the witness’s recollection.

Answer 17

(i) evidence; (ii) refresh

Question 18

If a (i) ____-person jury is used in a criminal trial, the constitution requires (ii) _______ to convict.

Answer 18

(i) six-person; (ii) unanimity.

Question 19

A warranty deed that conveys a fee simple (i) ________ title carries the possibility of (ii) _____ to the (iii) ________ upon the occurrence of an event/limitation.

Answer 19

(i) determinable; (ii) reverter; (iii) grantor

Question 20

A title is (i) ________ when a (ii) ______ person would not purchase it (along with its use conditions / restrictions).

Answer 20

(i) unmarketable; (ii) reasonable

Question 21

Prior statements that are inconsistent with a witness’s testimony (i) _______ a witness’s (ii) _______ by showing that the present testimony is not believable. A hearsay statement can be admitted only to (iii) _____ the witness and not for its (iv) ______.

Answer 21

(i) impeach; (ii) credibility; (iii) impeach; (iv) truth

Question 22

Article I, Section 10, Clause 1 prohibits bills of (i) _________, which is a law that provides for the (ii) ________ of a particular person without a trial. The punishment need not be prison, and can be a pecuniary loss.

Answer 22

(i) attainder; (ii) punish

Question 23

(i) _________ to an officer’s entry justifies a search or seizure without a (ii) _______-

Answer 23

(i) consent; (warrant)

Question 24

Someone who has an interest in real property after the end of a third party’s determinable life estate has both a (i) _____ _____ and a (ii) ____ ____ in the land

Answer 24

(i) vested remainder; (ii) executory interest

Question 25

When a seller induces a buyer’s consent by means of (i) _____ _______, the resulting contract is (ii) _________ at the election of the buyer. A failure by the (iii) _______ to directly respond to a question, and to offer a different response may be considered by the (iv) ______ as an (v) _______. Refusing to answer the question is not a defense for a (vi) _____ ________.

Answer 25

(i) material misrepresentation; (ii) voidable; (iii) seller; (iv) buyer; (v) assurance; (vi) material misrepresentation

Question 26

The federal statute that confers (i) _______ jurisdiction 28 USC Section 1367 has two requirements. First, the federal court must have (ii) ______ ______ over one or more of the plaintiff’s (iii) _______. If the court has original jurisdiction over one of the plaintiff’s claims, it may exercise (iv) _____ _____ over any other claims in the action that (v) “____ ____ of the same case or controversy under Article III.” The Supreme Court has interpreted that to mean a (vi) “_____ ____ of facts.” This jurisdiction is valid whether or not a supplemental party is (vii) _____ to the other parties.

Answer 26

(i) supplemental; (ii) original jurisdiction; (iii) claims; (iv) supplemental jurisdiction; (v) form part of the same case or controversy; (vi) common nucleus of facts; (vii) diverse

Question 27

The US Supreme Court may not review a judgment by the (i) ____ _____ of a state if that judgment is supported entirely by (ii) ____ _____ and is wholly independent of the interpretation and application of (iii) ____ _____.

Answer 27

(i) highest court; (ii) state law; (iii) federal law

Question 28

There is no legal (i) _____ to (ii) ____ others, enforceable under (iii) ______ laws; about a potential danger.

Answer 28

(i) duty; (ii) warn; (iii) criminal

Question 29

Any action that happens after (i) _____ _____ a property with intent to (ii) _____ a _____ is a burglary, whether or not an item is taken.

Answer 29

(i) unlawfully entering; (ii) commit a crime

Question 30

The tort of (i) _____ requires that the plaintiff have an (ii) _____ of ______ harmful or offensive bodily contact.

Answer 30

(i) assault; (ii) apprehension of imminent

Question 31

A spouse cannot be called to (i) _____ against their spouse in a (ii) ______ trial.

Answer 31

(i) testify; (ii) criminal

Question 32

An (i) _____ succeeds to a contract as the contract stands at the time of (ii) ________. If the contract has been (iii) _______ prior to transfer, then the changes stand. Note that a a common law contract can only be modified with valid (iv) ________-

Answer 32

(i) assignment; (ii) assignment; (iii) modified; (iv) consideration

Question 33

The UCC (contracts for (i) _____) sets damages for a cancelled contract as the (ii) ______ the seller would have received plus any (iii) _____ ________ incurred, minus any payment for the (iv) _____ of goods.

Answer 33

(i) goods; (ii) profit; (iii) reasonable expenses; (iv) resale

Question 34

A (i) _______ tortfeasor is not generally liable for the (ii) _______ acts of third parties made possible by the (iii) ________, but there is an exception when the tortfeasor should have realized (foreseen) the likelihood of the crime at the time of his negligence. The issue of (iv) _______ is generally a question for the jury, and will rarely be appropriate for (v) ____ ____.

Answer 34

(i) negligent; (ii) criminal; (iii) negligence; (iv) foreseeability; (v) summary judgment

Question 35

Officially sponsored (i) ______ as part of public school ceremonies is an unconstitutional (ii) ______ of _____, even if no student is required to participate.

Answer 35

(i) prayer; (ii) establishment of religion

Question 36

Evidence of (i) _____ is considered important and is liberally admitted.

Answer 36

bias

Question 37

Rule 56(d) allows the nonmovant for a (i) ___ ______ to submit an affidavit or declaration stating that more time is need to (ii) ___ ____ before responding. The affidavit must specific what that (iii) _______ will be an how it will help to resist the motion.

Answer 37

(i) summary judgment; (ii) take discovery; (iii) discovery

Question 38

Jeopardy does not attach in (i) _______ proceedings, and only attaches in a jury trial when the (ii) ____ is ______ or in a bench trial when the (iii) _____ begins to (iv) ____ ___.

Answer 38

(i) preliminary; (ii) jury is sworn; (iii) court; (iv) hear evidence

Question 39

Congress may (i) _____ (ii) ____-____ authority to federal agencies through statutes that provide an (iii) ______ ____ governing the exercise of authority.

Answer 39

(i) delegate; (ii) rule-making; (iii) intelligible principle

Question 40

Under FRE 802(2), a hearsay statement can be admitted when it relates to a (i) _____ event or condition, made while the declaration was under stress or excitement. This is an excited (ii) ______.

Answer 40

(i) startling; (ii) utterance

Question 41

A “permanent” employment contract (not for term) is (i) ____-__-_____. Either party can (ii) ______ the agreement at any time without creating a (iii) _______, unless the termination violates an important (iv) ____ ___.

Answer 41

(i) employment-it-will; (ii) terminate; (iii) breach; (iv) public policy

Question 42

In a (i) ___-______- jurisdiction, the (ii) ____ that files first has lien priority.

Answer 42

(i) race-notice; (ii) creditor

Question 43

Recovery for (i) ____ _______ is limited to a pecuniary loss unless it involves a risk of physical harm. (iii) _____ _____ torts are inapplicable.

Answer 43

(i) negligent misrepresentation; (iii) emotional distress

Question 44

If a zoning regulation does not discriminate against a (i) _____ class nor a (ii) ____-____ class, and if it does not unduly burden a (iii) _______ right, a party wishing to overturn the zoning decision must show that the denial of the zoning permit is not (iv) ____ _____ to a (v) ______ _______ interest

Answer 44

(i) suspect; (ii) quasi-suspect; (iii) fundamental; (iv) rationally related; (v) legitimate state interest

Question 45

Evidence will not be suppressed where police officers (i) _____ held a good faith belief that their actions leading to the discovery of the evidence were (ii) _____ by a (iii) _____ ____.

Answer 45

(i) reasonably; (ii) authorized; (iii) valid warrant

Question 46

A promise to pay a debt after running the statute of limitations is enforceable even without (i) ______. It is a long-established exception that (i) _______ is necessary to support enforcement of a promise.

Answer 46

(i) consideration; (ii) consideration

Question 47

A party admission is (i) _____ as a (ii) _____ exemption under Rule 801(d)(2)(A).

Answer 47

(i) admissible; (ii) hearsay

Question 48

A grantee who does not (i) ____ the mortgage but who takes subject to the mortgage, is not personally (ii) _______ for debt. There must be an (iii) _______ assumption of the mortgage.

Answer 48

(i) assume; (ii) liable; (iii) express

Question 49

A government regulation that eliminates an (i) ______-______ expectation and the (ii) ____ ______ of an individual’s property is a (iii) _______ within the Fifth Amendment, and can be applied to (iv) _____ actions by the Fourteenth Amendment.

Answer 49

(i) investment-backed; (ii) economic value; (iii) taking; (iv) state

Question 50

Private (i) ____ and _____ of another’s property is not a constitutional violation, but it can be if the (ii) _____ and ______ is encouraged by the (iii) _______ and the private actors is essentially an (iv) ____. Keep in mind, constitutional protections only protect the individual from (v) _______ actions, not the actions of private parties.

Answer 50

(i) search and seizure; (ii) search and seizure; (iii) government; (iv) agent; (v) government

Question 51

A contract for debt cannot be modified without (i) _______.

Answer 51

(i) consideration

Question 52

In a criminal case, a judge may not instruct a jury to find (i) ____ (FRE 201(f)), even if the (ii) _____ is subject to judicial notice. Instead, under FRE 201(f), the court should instruct a jury that it (iii) ____ or (iv) _____ ____ accept a noticed fact as conclusive.

Answer 52

(i) fact; (ii) fact; (iii) may; (iv) may not

Question 53

Under FRCP 50, a court must let the jury’s (i) _____ stand if there is (ii) ______ evidence (more than a scintilla) that supported the verdict.

Answer 53

(i) verdict; (ii) substantial

Question 54

An individual cannot assert a valid defamation claim where he (i) _____ the comment.

Answer 54

(i) invited

Question 55

The (i) ___ _____ and ____ Claus prohibits state courts from re-litigation cases that have already rendered (ii) _____ ____

Answer 55

(i) full faith and credit; (ii) final judgment

Question 56

Unless a statute declares otherwise, there is no legal requirement to (i) _______ conditions of the house. Even where a seller has a duty to (ii) ______, it is only (iii) ____ defects.

Answer 56

(i) disclose; (ii) disclose; (iii) known

Question 57

If a seller is not in the (i) _______ of selling the specific product, and is instead a different (ii) ____ ____, he is not the appropriate (iii) _________ for (iv) _____ ____ liability.

Answer 57

(i) business; (ii) service provider; (iii) defendant; (iv) strict product

Question 58

The term of a contract for the sale of (i) ____ are established upon (ii) ______ and offer. Per the (iii) ______ 2-206, an offer to buy goods for prompt shipment Is accepted when the seller ships or promises to ship the goods. A subsequent form, like an acknowledgement form, does not (iv) _______ the parties (v) _____.

Answer 58

(i) goods; (ii) acceptance; (iii) UCCC; (iv) modify; (iv) contract

Question 59

Intoxication may prevent the sort of (i) “_____ reflection” needed for a first-degree murder charge, but it does not preclude the mental state for second-degree murder, which is (ii) _______ causing the (iii) _____ of another person.

Answer 59

(i) cool; (ii) knowingly; (iii) death

Question 60

The US Supreme Court has held that (i) ______ notification requirements violate a (ii) _____’s right to an (iii) _____ unless there is a satisfactory (iv) ____ procedure. Such a procedure must allow a (v) ____ to approve an (vi) _______ for a (vii) _____ without (viii) ______ notification if the court finds that either (A) the (ix) is sufficiently (x) ______ and ______ to make an independent decision to obtain an (xi) ______, or (B) the (xii) _____ would be in the (xiii) _____’s ____ _____.

Answer 60

(i) parental; (ii) minor’s; (iii) abortion; (iv) bypass; (v) court; (vI) abortion; (vii) minor; (viii) parental; (ix) mature and informed; (xi) abortion; (xii) abortion; (xiii) minor’s best interest

Question 61

After a secured debtor is paid in full from the funds generated by a (i) _______, additional funds generated will be used satisfy other (ii) _____.

Answer 61

(i) foreclosure; (liens)

Question 62

Rule 12(f) is a niche rule about motions to (i) _____. One of the valid uses of 12(f) is to (ii) ______ (iii) ______ defenses.

Answer 62

(i) strike; (ii) strike; (iii) irrelevant

Question 63

FRE 408 excludes evidence of conduct or (i) ____ made in compromise (ii) ________

Answer 63

(i) statements; (ii) negotiations

Question 64

if a plaintiff establishes a (i) _____ _____ case of negligence, it can be overcome by (ii) _____ the claim with (iii) _______ that is inconsistent with (iv) _____.

Answer 64

(i) prima facie; (ii) rebutting; (iii) evidence; (iv) negligence

Question 65

For (i) ___ ______ fora, individuals have a (ii) ___ ____ right to use the rooms for expressive activity consistent with their purpose. A denial for use based on the (iii) ______ of the expression must be tested by (iv) __ _____, which requires the defendant to prove the denial was (v) ______ to serve a (vi) ______ _____ interest.

Answer 65

(i) limited public; (ii) first amendment; (iii) content; (iv) strict scrutiny; (v) necessary; (vi) compelling government

Question 66

In order to bind, a restrictive (i) ______ must be placed on property at the time it is (ii) _________. The burden cannot attach later.

Answer 66

(i) covenant; (ii) conveyed

Question 67

UCC-202 is the (i) _____ evidence rule, which explicitly provided that, while a (ii) _____, ____ expression of a agreement may not be (iii) _______ by any prior agreement, it may be (iv) ______ or supplemented by “course of dealing or usage or trade or by course of performance.” A course of dealing, when inconsistent with a usage of trade, controls under UCC-1303.

Answer 67

(i) parol; (ii) final, written; (iii) contacted; (iv) explained

Question 68

In the absence of an indication of special (i) _______, an individual is subject to being treated under ordinary (ii) ____ norms.

Answer 68

(i) vulnerability; (ii) social

Question 69

The president, as chief executive officer, has the authority to direct the actions of (i) ____ ______ (so long as those directive are not inconsistent with an (ii) ___ of Congress). However, the president cannot direct the actions of persons (iii) _____ the executive branch unless he has the (iv) _____ _____ from Congress to do so in the form of an (v) ____.

Answer 69

(i) federal agencies; (ii) act; (iii) outside; (iv) express direction; (v) act

Question 70

FRE 803(10), the (i) ____ exception for a (ii) ____ offered to prove that the absence of a (iii) _________ can create the reasonable inference that the event never occurred.

Answer 70

(i) hearsay; (ii) certificate; (iii) record

Question 71

Even if the contract of sale is silent, the law will (i) ____ a covenant that the title will be (ii) _____ in a contract for a sale of land. But, the doctrine of (iii) ______ provides that one can no longer sue on title matters pertaining to the (iv) ______ once the deed is (v) _____ and ____. After that, any remedy must be based on the deed.

Answer 71

(i) imply; (ii) marketable; 9iii) merger; (iv) contract; (v) delivered and accepted

Question 72

There is no right to a jury trial for (i) _______ claims. When a claim consists of both (i) _____ and (ii) _____ claims, the court should first submit the (iii) _____ issues to a jury and then the court has resolve any (iv) _____ claims.

Answer 72

(i) equitable; (ii) legal; (iii) equitable; (iv) legal; (v) equitable

Question 73

The seller of a (i) _______ with a (ii) ______ defect that makes the product dangerous is (iii) ____ ____ for injures caused by the defect.

Answer 73

(i) product; (ii) manufacturing; (iii) strictly liable

Question 74

Prior convictions can be admitted to prove a defendant’s guilt under FRE 404(b): prior (i) ____ acts can be admitted to prove the defendant’s conduct if offered for some purpose other than to show that the defendant is a (ii) ____ _____. Prior acts can be admitted to prove (iii) ____, _____ lack of evidence, and modus operandi.

Answer 74

(i) bad; (ii) bad person; (iii) intent, knowledge

Question 75

A jury can decided between murder and manslaughter based on whether a shot was premeditated or fired in the (i) ___ of _____ based on (ii) _______.

Answer 75

(i) heat of passion; (ii) provocation

Question 76

A document can only be (i) ________ if the intent was to grant the delivery of property upon death. Real estate can be a (ii) _______. Meaning that to transfer real estate as a (iii) _____, there must be (iv) ______ intent manifested and there must be (v) ______ of the _____, and (vi) _____. Acceptance can be accomplished by an agent.

Answer 76

(i) testamentary; (ii) gift; (iii) gift; (iv) donative; (v) delivery of the deed; (iv) acceptance

Question 77

An individual cannot be convicted of multiple (i) ____ when one (i) _____ is a (ii) ______ version of the other.

Answer 77

(i) crimes; (ii) crime: (iii lesser

Question 78

Under contributory negligence, the parties hold (i) ____ and _____ (ii) ______, and so the entire injury-damages can be collected from any of the (iii) ________ . The (iv) _____, in turn, can seek to recover a proportional share of damages from other defendants.

Answer 78

(i) joint and several; (ii) liability; (iii) defendants; (iv) defendant

Question 79

An incident can be offered on (i) ______-_______ of a (ii) ____ witness to show that the witnesses assessment of the (iii) ______’s character for honesty is not (iv) _____. A past event can be raised to test the witness’s (v) ______ of the defendant’s reputation, and the quality of the community.

Answer 79

(i)

Question 80

An incident can be offered on (i) ______-_______ of a (ii) ____ witness to show that the witnesses assessment of the (iii) ______’s character for honesty is not (iv) _____. A past event can be raised to test the witness’s (v) ______ of the defendant’s reputation, and the quality of the community.

Answer 80

(i) cross-examination; (ii) character; (iii) defendant’s; (iv) credible; (v) knowledge

Question 81

An owner of a (i) ______ or abnormally (ii) ______ animal is (iii) ____ _____ for harm caused by the animal’s dangerous nature.

Answer 81

(i) wild; (ii) dangerous; (iii) strictly liable

Question 82

In a contract for the sale of land, absent a provision establishing a duty, neither the seller nor the buyer has a duty to carry (i) ______ on the property. The risk of (ii) ____ transfer to the equitable owner of the property, in the case, the buyer on contract.

Answer 82

(i) insurance; (ii) loss

Question 83

A trespasser act with intent to commit a crime (or theft) is (i) _______.

Answer 83

Larceny.

Question 84

In a civil action, evidence should be admitted on the standard of whether the evidence has a (i) ____ to make a fact more or less (ii) ______ (than without admitting the evidence).

Answer 84

(i) tendency; (ii) probable

Question 85

Reasonable steps to mitigate damages are necessary to pursue a claim for (i) ________ damages. But even in the absence of mitigation, an injured party can still seek damages for the (ii) _____ between the (iii) _____ price and the (iv) ______ price.

Answer 85

(i) consequential; (ii) difference; (iii) contract; (market)

Question 86

Federal courts lack power to entertain a suit that is not (i) ______ for adjudication

Answer 86

(i) ripe.

Question 87

The law of contracts and its (i) ____ for (ii) _____ permit (iii) ____ components of contracts to be treated separately.

Answer 87

(i) rules for damages; (ii) separable

Question 88

If a defendant to a negligence action believes that the plaintiff contributed to the action, upon receipt of the complaint, the defendant should (i) ____ an (ii) _____ and raise the (iii) _______ defense of (iv) _____ negligence.

Answer 88

(i) file; (ii) answer; (iii) affirmative; (iv) contributory

Question 89

(i) _____ by deed applies to validate a deed, particularly a warranty deed, that was (i) _____ and (ii) _____ by a grantor who had no title to the land at that time, but who represented that he had such title and who thereafter acquired such title.

Answer 89

(i) estoppel; (ii) executive; (iii) delivered

Question 90

Good, firm fruit on the ground of a grocery is not evidence of (i) _____. Unlike cases in which res ipsa loquitur is appropriate, undamaged fruit shows that it had not been on the ground for a significant amount of time, and therefore it is not enough evidence to support that the grocery should have known about it before it caused a customer to fall.

Answer 90

(i) negligence

Question 91

Congress may use its (i) ______ power to permit states to discriminate against interstate commerce, like food labeling.

Answer 91

commerce

Question 92

There is a statute-of-frauds requirement in cases of promises to answer the debt of (i) ______. But a (ii) ___ instrument subsequent to the promise, even if it is written to a their party (not the promisee) can suffice.

Answer 92

(i) another; (ii) written

Question 93

In a slander case, where the defendant makes a statement that the plaintiff has an unsavory character, the plaintiff’s character is considered (i) “in ____: in two respects: First, the plaintiff’s actual character will be determined whether the defendant was incorrect in his assessment, and thus liable for slander, because (ii) ___ is a defense. Second, the plaintiff will allege that he has been damaged by the statement, which is another way of saying his (iii) _____ has been (iv) ________. Under FRE 405, when character is “in issue”, It can be proved by evidence of reputation, opinion, or specific acts.

Answer 93

(i) issue; (ii) truth; (iii) character; (iv) besmirched

Question 94

In a slander case, where the defendant makes a statement that the plaintiff has an unsavory character, the plaintiff’s character is considered (i) “in ____: in two respects: First, the plaintiff’s actual character will be determined whether the defendant was incorrect in his assessment, and thus liable for slander, because (ii) ___ is a defense. Second, the plaintiff will allege that he has been damaged by the statement, which is another way of saying his (iii) _____ has been (iv) ________. Under FRE 405, when character is “in issue”, It can be proved by evidence of reputation, opinion, or specific acts.

Answer 94

(i) issue; (ii) truth; (iii) character; (iv) besmirched

Question 95

A statement of general interest to sell an item is not an (i) ______, it is at most a statement (ii) _______ an offer.

Answer 95

(i) offer; (ii) soliciting.

Question 96

While the lack of (i) _______ elements may sometimes implicate the statute of (ii) _______, there is no rule requiring parties to contract for the sale of (iii) _______ property to agree in writing to the (iv) _______ of performance. In such a case, the court will infer that performance within a (v) ________ time was intended.

Answer 96

(i) essential; (ii) fraud; (iii) real; (iv) time; (v) reasonable

Question 97

A co-conspirator need not be (i) ________ at the commission of each (ii) ______, nor does the arrest of one co-conspirator automatically terminate the conspiracy where the other co-conspirators continue to carry out the goals of the conspiracy.

Answer 97

(i) present; (ii) crime

Question 98

Courts look beyond the (i) ____ of a condition, and if it is clear that the (ii) _____ of a condition was to (iii) _____ or protect one of the parties, the language in the condition will be interpreted as if that (iv) ______ had been clearly expressed in the contract terms.

Answer 98

(i) words; (ii) intent; (iii) benefit; (iv) intent

Question 99

An adolescent, especially where signs are posted, can (i) ____ a risk.

Answer 99

(i) appreciate

Question 100

To succeed in a (i) _____ suit, the plaintiff must show evidence of lack of (ii) ______ ____.

Answer 100

(i) negligence; (ii) reasonable care

Question 101

A threat communicated with (i) _____ to (ii) ______ the recipient is not protected by the First Amendment.

Answer 101

(i) intended; (ii) intimidate

Question 102

There is no (i) ______ to (ii) ______ before resorting to non-deadly force in self defense

Answer 102

(i) duty; (ii) retreat

Question 103

When parties attach (i) _______ meanings to the same material item, the meaning that controls is the one “attached by one of them if at the time the agreement was made . . . that party did not know of any different meaning attached by the other, and the other knew the meaning attached by the first party.”

Answer 103

(i) different

Question 104

A (i) _______ is permission to use the land of another. It is (ii) ______ and is not subject to the statute of frauds.

Answer 104

(i) license; (ii) revocable

Question 105

An appellate court generally only has jurisdiction over (i) ____ _______. If a motion to dismiss is denied, it does not terminate the motion, and therefore the decision is not appealable.

Answer 105

(i) final judgment

Question 106

An appellate court generally only has jurisdiction over (i) ____ _______. If a motion to dismiss is denied, it does not terminate the motion, and therefore the decision is not appealable.

Answer 106

(i) final judgment

Question 107

No (i) ____ enrichment claim is viable where all the work has been done and the only remaining obligation is the contract price

Answer 107

(i) unjust

Question 108

Business record are only admissible under FRE 803(6) if they are prepared in the (i) ______ _____ of regular business. Evidence cannot simply be admitted because an expert (ii) _____ on it.

Answer 108

(i) ordinary conduct; (ii)