MBE Questions from Adaptibar Flashcards
Does mental illness make a confession involuntary or coercive?
NO
What are the exceptions to FHA for discrimination?
Religious organizations, private clubs, and building owners who have no more than 4 apartments if one is occupied by the owner
What is the FHA prohibition on notices?
No printing or publishing any notice or statement about the rental or sale of a dwelling indicating any preference, limitation, or discrimination based on race, ethnicity, religion, national origin, gender, or disability
What is the result of a forged deed?
Deed is void and BFP is not protected
**Fraud in the execution of a deed is equivalent to a forged deed
What is burglary?
(1) The breaking (actual or constructive, as done with force or threats) and (2) entering (3) into the dwelling of another (4) at night (5) with the intent to commit a felony therein
What is robbery?
(1) Wrongful taking of another’s property (2) from his person or presence (3) by force or threat of injury (4) with the intent to permanently deprive
What is felony murder?
(1) Killing of a human being (2) in the course of an inherently dangerous felony
Victim’s death must be a foreseeable result of the felony
What is an implied in fact contract?
Type of enforceable contract based on a tacit promise, rather than an express promise [may be inferred from parties’ conduct, such as where services are rendered by one person to another under circumstances where it may be fairly presumed that the parties understood that compensation would be paid]
Conducting a hearing on the admissibility of a confession
Must be conducted outside the hearing of the jury
When a seller has delivered nonconforming goods, and the buyer justifiably revokes acceptance, the buyer has a security interest in the goods in his possession/control for any payments made on their price
The buyer may hold such goods and resell them in the same manner as an aggrieved seller
A sale to a private party requires notification to the owner of the goods
What charges is character an essential element of? [evidence]
(1) Defamation [plaintiff’s character is at issue]
(2) Negligent hiring or entrustment [hired/entrusted person’s character is at issue]
(3) Child custody cases [parents’ character is at issue]
Can Congress force state or local governments to create or enforce laws?
NO (it may only encourage states to pass laws by conditioning the receipt of federal funding on enacting such legislation and even those federally-imposed “strings” cannot be compulsory, and must only be incentives)
When a renewed motion for judgment as a matter of law and a motion in the alternative for a new trial are filed, if the judge grants a judgment as a matter of law for the movant, the judge must also conditionally rule on the motion for a new trial
A products liability claim based in strict liability requires:
(1) A commercial supplier of a product;
(2) Producing or selling a defective product;
(3) Actual and proximate cause; AND
(4) Damages
Plaintiff must prove defect existed when product left D’s control
For liability to attach, product must also reach P without substantial alteration
When the product is defectively designed or manufactured with defects, no warnings can cut off strict liability for the defendant
When a product is properly designed and manufactured, but a non-obvious risk of personal injury remains, D will be liable without including a warning
Specific Intent Crimes
Solicitation Conspiracy Attempt First-Degree Pre-Meditated Murder Assault Larceny Embezzlement Forgery Robbery Burglary False Pretenses
When may a person’s nondisclosure of a fact be tantamount to a misrepresentation of fact sufficient to allow rescission of a contract?
Where the person knows that disclosure of the fact would correct the other party’s mistake with respect to a basic assumption of the contract and where nondisclosure amounts to a failure to act in good fatih
When the President acts with the express or implied authority of Congress, his authority is at its maximum and his actions are likely valid
When the President acts where Congress is silent, his actions will be upheld as long as the acts do not take over the powers of another branch of government or prevent another branch from carrying out its tasks
When is an equitable servitude in a deed enforceable?
Where a party can establish (1) intent for the restriction to be enforceable by subsequent grantees; (2) subsequent grantee had notice of the servitude; and (3) the restriction touches and concerns the land
What must exist for an equitable servitude to bind an entire subdivision?
It must be found in the common building plan for the subdivision - if it is, then anyone who owns a plot of land within the subdivision is bound by the restrictions and may file suit to enforce those restrictions against other owners
How can you extend a TRO?
Extension of the TRO before the hearing is dependent on a showing of good cause
Example: witness having a vacation planned = NO good cause [no surprise in the witness’ unavailability]
In order for a federal court to hear a lawsuit, it must have:
Subject matter jurisdiction AND personal jurisdiction
State Actor
14th Amendment only limits the power of states and state actors - for private entities to be considered state actors, they must be (1) performing a task traditionally exclusively done by the government [public function exception] OR excessively entangled with the government such that the government affirmatively authorizes, encourages, or facilitates unconstitutional activity [entanglement exception]
**Grant of money from the government by itself is not enough involvement to be deemed a state actor
