MBE bar study 3 Flashcards
(50 cards)
If a tenant stays past the expiration of a lease, then what are the landlord options: _________ .
evict with unlawful detainer or bind tenant to a new periodic tenancy
Most courts would rule that a residential hold-over tenant a _________ , irrespective of the terms of the original lease.
month-to-month tenant
On cross examination, prior bad acts without a conviction are ________ if they are probative of truthfulness.
permissible
firefighter’s rule
Bars firefighters and police officers from recovering for injuries caused by the risk of the rescue.
When arresting a person, an officer need only have a _______ that a felony has been committed.
reasonable belief
Violating a statute is enough to prove negligence, but not ____________ .
recklessness
If promisor’s primary intent is to discharge a debt to a third party, then the third party is a _______ .
creditor beneficiary
A joint tenancy can be ________ severed by one party.
unilaterally
10 year time limit for admitting prior convictions only applies to what situation?
For impeaching a witness on the stand
What is a license?
personal privilege to go upon the land belonging to the licensor
Under CL, For a burglary conviction the intent to commit a felony must be ________
At the time of the breaking and entering
Under the Federal Rules, what can be used to refresh one’s recollection.
any materials may be used even those not entered into evidence or seen before trial
The general principles of intergovernmental immunity prevent __________ with state government functions.
federal interference
Restitution action must show ___________ and ___________
expectation of being compensated are reasonable, D was conferred a benefit
In order for nonconforming goods to be considered a counteroffer, the seller must ________ .
give notice that the shipment is an accommodation.
Perfect tender rule
Buyer is allowed to reject entire shipment if seller sends nonconforming goods.
In a sale of goods contract, there is no breach until ________
delivery date
Specific performance is often the result in the _____ context because each parcel is considered _______ .
land, unique
public nuisance when the property owner is using his property in a manner that ________ .
it creates an unreasonable risk to the public
Private nuisance have no standing to bring public nuisance actions unless they can claim __________ in addition to __________.
special injury, harm to the public
When both parties are merchants, then additional terms ________ .
become part of the contract
The media may not be punished for publishing a true fact if
it was lawfully obtained, even if released inadvertently
In general, can a contract for paving be assigned without the beneficiaries permission?
yes
Can the party sue the assignee if he fails to perform under the contract?
yes
