MBE bar study 4 Flashcards
Misappropriation of a person’s likeness requires use of the likeness for _____________ .
commercial advantage
An option contract requires _________, similar to any other contract.
consideration
Acceptances are tested using what standard?
objective standard
Unconscionability will be found where a contract’s terms are found to be _______ .
entirely one sided
Is age considered a suspect or quasi-suspect classification?
no
__________ has the burden of proof when classifications are analyzed on the rational basis standard.
The challenger
Would regulating food containing pesticides be a power that Congress could wield?
yes
Notice of a common scheme can be found by ________. ARI
actual notice, record notice, or inquiry notice
An implied negative servitude binds prospective landowners even if__________ .
There is no mention of the servitude in their lease.
Under modern criminal codes, intent is equated with _______, which is defined as having the ___________ to engage in certain conduct or cause a certain result.
purpose, conscious objective
Who has the duty to carry insurance on a property in the event the house is destroyed prior to the closing date.
neither party
In civil trial, character evidence is __________ to show that litigant acted in conformity with that character.
inadmissible
In a surety contract, consideration may _______ .
Be the same as the original contract
In a defamation suit, if the person defamed is a public figure, then the P must prove that the D had ______ and knew his statements were ________ .
actual malice, false
In a criminal action, the solicitor is a ____________ to the subsequent crimes committed.
accomplice
The Supreme Court has ruled that six member juries must have a ____________.
unanimous verdict
One hearsay exception is when the declarant makes a declaration of his existing ________
state of mind
Under a valid accord, what happens to the original contract?
It is still active and the party can sue under the original contract.
In riparian rights, a person’s use of a creek for irrigation is considered a _________ .
artificial use
Lemon test. PEE
purpose, effect, excessive entanglement
The Free Exercise Clause does not require the government ____________ for a person whose religious beliefs prevent him from conforming his behavior with the requirements of the law.
to make an exemption
When a buyer has a remedy of ___________ , a court of equity will order a seller to convey title if the buyer tenders the purchase price.
specific performance in a land sale contract
Republisher of information will remain as a liable as __________ in a defamation action.
original publisher
For a contingent remainder, the person must be __________ .
unascertainable at the creation of the interest
An accord, like all other contracts, must be supported by _______ .
consideration
A physician proposing a course of treatment or a surgical procedure has a duty to provide the patient with enough information about its risks to enable the patient to make an __________ .
informed consent
Under a race-notice statute, a bona fide purchaser prevails over others purchasers?
Whomever records their mortgage first
Name the case where the state capitol could erect the ten commandments, but only with other monuments.
Van Orden
Criminal procedure. Standing definition.
Person must have a reasonable expectation of privacy in the place searched or item seized.
A profit is a nonossessory interest in land that entitles the holder of the profit to enter the servient tenement and ___________ .
take the soil or substance of the soil
Regarding an appurtenant easement, when transferred will generally _____________
run with the land
The redline view holds that the killing of felon by a police officer to prevent the felon’s crime or escape cannot be the basis for _______ .
felony murder charge
At common law, if a will beneficiary died before the testator, the gift _________
to the beneficiary was void
In a trespass to land action, only the person ________ has the right to sue.
actually in possession of the land
In civil trials, the marital privilege does not apply to __________ .
actions between spouses
The Supreme Court has held that a senator does not have standing to challenge a president’s exercise of a line item veto because ___________
injury in fact is institutional toevery member of Congress and not personal.
A voidable deed will not be passed on only if ____________ .
the property has not been passed on to a bona fide purchaser.
The fifth amendment bars the government from ________
procuring compelled testimony
Trespass to land. Consent may be implied by law where action is _____________ .
necessary to save an important interest in person or land
To terminate a tenancy, the tenant must be given a full _________ .
period’s notice in advance of termination
Larceny is a trespass against _______, and not __________, and therefore a person can be convicted of a crime even when taking away property from a person who committed a wrongful act.
possession, ownership
Hospital record can only be an exception to hearsay where it is _____________ .
related to the medical treatment or diagnosis of a patient.
In a wrongful death action, a potential beneficiary would recover nothing if he ________ .
contributorily negligent
In wrongful death action, a person may recover only to the extent that he would have recovered _______ .
Had she lived
Juvenile offenses are generally ____________ for impeachment purposes in a civil case.
inadmissible
The common law rule is that an automobile owner is ________ for torts committed by another person driving their car.
not liable
Standing requires that a party have a _________ in the outcome of the legislation. However, Congress cannot confer _________ .
concrete stake, standing
D does not need to intend an __________, for P to charge a battery.
injury
The exercise of one’s ___________ cannot used against the Defendant at trial.
Miranda rights
If a seller ships nonconforming goods and notifies the buyer of an accommodation, then the buyer may _____ or _________ the goods.
accept or reject
