MBE bar study 3 Flashcards
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
Where land boundaries have been determined and a plat and survey exists, which prevails?
the survey
The court is never required to state ___________ for overruling an objection.
reason
No attempt to retreat is required when using ___________
nondeadly force
A direct tax on the federal government is invalid, unless _______.
Congress consent to the tax
In a partial condemnation case, the landlord tenant relationship ________, as does the tenant’s obligation to ___________ .
continues, pay the entire rent
What is the remedy when a party attempts to enforce an illegal contract?
Court leaves the parties as it finds them
Constitution prohibits the impairment of ______________ by a state except in certain narrow circumstances.
contractual obligations
Continuing trespass doctrine
If a person takes property without the state of mind to commit larceny at first, then changes his state of mind, then the initial wrongful taking is regarded as continuing
A to B and his heirs, so long as. What is A’s interest?
possibility of reverter.
The right of reentry must be _________ in the conveyance to be valid.
expressly stated
Regulation of truthful advertising of a lawful activity will analyzed under what Amendment?
First amendment - commercial speech
Leading questions are allowed on direct examination of a _________ .
hostile witness
Contract and 3rd party rights. obligor can use the same defenses against the __________ as he can use against the ________.
assignee, assignor
Attempt is this kind of crime.
specific intent crime.
In a situation, where one party does the majority of maintenance on a property, does this entitle them to an exclusive interest above all other parties?
No
It is a defense to _____________ that the police acted under a valid arrest warrant.
false imprisonment
A crop failure resulting from an unexpected cause ____________ to deliver the full amount as long as he makes a fair and reasonable allocation among his buyers.
excuses the farmer’s obligation to perform
__________ impossibility is not a defense to a charge of attempt.
factual
The state may require licensing for anybody dealing with ________ based on its _____________ .
the public, police power
For trespassers, ___________ is not imposed on the landowner, and a person cannot get damages for a dangerous animal unless the landowner was ___________ .
strict liability, negligent
self-identification of a caller is _________ evidence of identity.
insufficient
Failure to put out a fire can establish the _______ requirement for an arson charge.
malice
For an arson charge, the requirement that the building be “of another” pertains to _________, rather than ownership.
possession
When transferring title, only a _________ encroachment constitutes a title defect.
significant
A bill of attainder is a legislative act that inflicts punishment without a judicial trial on ___________________ .
individuals either by name or based on past conduct.
In general, a unilateral mistake will
not prevent formation of a contract
