MBE missed Rules

Question 1

Life Tenants responsibility

Answer 1

a life tenant is responsible for the real estate taxes on the property and interest son the principal to the extent of the income on the property IF the life tenant owns the property.

Question 2

Trespass to Chattels

Answer 2

the defendant intentionally interfere with the plaintiffs use or possession of chattle

Question 3

Mutual Mistake

Answer 3

(1) mistake must must be a basic assumption off which the k was made (2)the mistake must have a material effect on performance and (2) the parking seeking avoidance didnt assume risk.

Question 4

Attachment

Answer 4

process by which someone’s property is seized in accordance with a writ or judicial order for the purpose of securing judgment yet to be made

Question 5

Seventh amendment right to a jury trial requires claims to be

Answer 5

(1) legal in nature and (2) asserted against the type of defendant who was suitable about. common-law in 1971.

Question 6

Equitable servitude is enforceable if there is:

Answer 6

intent, notice and touch and concern. Privity is not required.

Question 7

Equitable Servitude

Answer 7

A covenant that, regardless of whether it runs with the land at law, equity will enforce against the assignees of the burdened land who have notice of the covenant.

Question 8

Handwriting Verification

Answer 8

a person can become familiar with a voice after litigation has begun and for the sole purpose of testifying

Question 9

How can oral statements be authenticated:

Answer 9

first hand or through a device may be identified by the opinion of anyone who heard the voice at any time

Question 10

Entry of default can be set aside when:

Answer 10

for good cause shown

Question 11

Erroneous verdicts may be set aside under the following three scenarios:

Answer 11

(i) if the facts are consistent with the verdict, the verdict will be entered;
(ii) if the findings of fact are inconsistent with the verdict, the judge may:

enter a judgment consistent with the interrogatory answers, notwithstanding the general verdict;

direct the jury to deliberate further; or

order a new trial; OR

(iii) if the answers are inconsistent with each other AND the verdict entered, the judge must send the case back to the jury for further deliberation or order a new trial.

Question 12

Collateral Order Doctrine

Answer 12

a claim or issue may be immediately appealable if it is too important to wait until the final judgement. Three requirements must be met: the lower court must have conclusively determined the disputed question; the issue must be separate from and collateral to the merits of the main issue and the issue must be effectively unreviewable on appeal from the final judgment

Question 13

Illusory Promise

Answer 13

promise that in fact does not impose any obligation on the promisor

Question 14

Remainders

Answer 14

created in a transferee that is cable of taking upon the natural termination of the preceding estate. They follow life estates.

Question 15

Executory interests

Answer 15

cutting short a preceding estate or follows a gap after it

Question 16

RAP applies to:

Answer 16

1. vested remainders subject to open
2. Contingent remainders
3. executory interests

Question 17

RAP

Answer 17

Common Law Rule: No interest is good unless it must vest, if at all, not later than 21 years after some measuring life in being at the creation of the interest.

Question 18

MNaughten Test

Answer 18

Defendant is relieved of criminal responsibility upon proof that at the time of the commission of the crime he (1) know the nature and quality of the act he was doing, or (2) if he did know it, he did not know that what he was doing was wrong.

Question 19

Notice under recording statutes must be given at the time of:

Answer 19

conveyance

Question 20

Do landlords have actual or apparent authority?

Answer 20

No

Question 21

Is time of the essence in a land sale K?

Answer 21

not ordinaritly

Question 22

Compulsory Counter Claim

Answer 22

arises out of the same transaction or occurrence

Question 23

Permissive Counterclaims

Answer 23

must have an independent jurisdictional basis

Question 24

Enforceability of oral modication clauses

Answer 24

yes unless the contract relies on a valid verbal request

Question 25

When is redirect permitted?

Answer 25

if there are significant new matters raised on cross examination

Question 26

Are joint tortfeasors needed for adjudication?

Answer 26

No

Question 27

Will unequivocal words of rejection by the offeree extinguish an option?

Answer 27

No unless there is a detrimental reliance on the part of the offeror.

Question 28

Does an additional term in an acceptance materially alters the offer affects affect whether a contract was formed?

Answer 28

No if affects whether the term will be included in a contract between merchants.

Question 29

SOF is applicable to:

Answer 29

MY LEGS

Year ( cannot be done in a year)
Land
Executor
Goods (500+)
Surety

Question 30

In a shipment contract, the risk of loss generally passes to the buyer when: t

Answer 30

the goods are delivered to the carrier.

Exception: if the buyer has a right to reject the goods. In that case, the risk of loss does not pass to the buyer until the defects are cured or the buyer accepts the goods.

Question 31

Implied warranty of fitness for a particular purpose arises only when:

Answer 31

1. a seller has reason to know the particular purpose for which the goods are to be used and that the buyer is relying on the seller’s skill and judgment to select suitable goods; and
2. the buyer in fact relies on the seller’s skill or judgment.

Question 32

To be merchantable, goods must be:

Answer 32

fit for ordinary purposes.

Question 33

Under the UCC, if a buyer has rejected goods because of defects, the seller may,

Answer 33

within the time originally provided for performance “cure” the defective tender by:

1. giving reasonable notice of its intention to do so and
2. making new tender of conforming goods, which the buyer must then accept.

Question 34

Laws regulating non misleading or fraudulent commercial speech:

Answer 34

it is narrowly tailed to serve a substantial government interests.

Question 35

If legal and equitable claims are arising out of the same common facts are joined.

Answer 35

the legal claim should be heard by the jury first.

Question 36

Property Clause

Answer 36

the constitution has plenary power to control the property of the US

Question 37

Can a joint tenancy be severed unilaterally?

Answer 37

Yes

Question 38

Can a witness refer to collateral documents?

Answer 38

yes without providing the documents themselves.

Question 39

Learned Treatise under the hearty rule requires:

Answer 39

an expert to testify to it.

Question 40

Acceptance of a Conveyance of a Deed

Answer 40

Presumed to be accepted unless its rebut by an affirmative act.

Question 41

Under the concept of fixtures, a chattel that has been annexed to real property is

Answer 41

converted from personalty to realty.. As an accessory to the land, it passes with ownership of the land rather than with a transfer of the personal property of an estate. The manifest intent of the annexor determines whether the chattel becomes a fixture.

Question 42

A covenant at law will run with the land and be enforceable against subsequent grantees if:

Answer 42

1. Intent
2. Privity: there is privity of estate between the original promisor and promisee (horizontal privity), as well as between the promisor and his successor (vertical privity);
3. the covenant touches and concerns the property; and
4. the burdened party has notice of the covenant.

Question 43

A profit

Answer 43

s a nonpossessory interest in land, allowing the grantee to enter on the land and remove resources of the land, in this case, fish and game.

Question 44

For an easement to be extinguished by estoppel, there must be:

Answer 44

1. some conduct or assertion by the owner of the easement
2. a reasonable reliance by the owner of the servient tenement, coupled with
3. a change of position.