MBE review up to 100 Flashcards
In K law, what does the answer choice “because the interests of justice require it” actually mean?
Under the majority view, consideration is not necessary to make an agreement at least partially enforceable where the facts indicate that the promisor should be estopped from not performing. This is stating the concept of promissory estoppel without labeling it as such. Under the Second Restatement, a promise is enforceable to the extent necessary to prevent injustice if the promisor should reasonably expect the promise to induce action or forbearance and such action or forbearance is in fact induced.
What kind of statute is this? “Any conveyance of an estate in land, other than a lease for less than one year, shall not be valid against any subsequent purchaser for value, without notice, unless the conveyance is recorded.”
Pure notice; allows subsequent purchasers for value and without notice of a prior conveyance to prevail over the prior transferee, regardless of whether the subsequent purchaser records.
How do recording statutes treat mortgagees?
As purchasers for value
What is the best evidence rule and when may secondary evidence be used instead?
Under the best evidence rule, the original writing must be produced when proving the material terms of that writing. Secondary evidence of the writing, such as oral testimony regarding the writing’s contents, is permitted only after it has been shown that the original is unavailable for some reason other than by serious misconduct of the proponent
Will a qualified request for counsel require officers to stop questioning a subject? (i.e. okay, but I want my lawyer because I don’t want to sign anything until she’s here)
No. At any time prior to or during interrogation, a suspect may invoke a Miranda (Fifth Amendment) right to counsel. However, the request must be unambiguous and specific. If the defendant agrees to answer questions orally, but requests the presence of counsel before making any written statements, the defendant’s oral statements are admissible. The defendant’s agreement to talk constitutes a voluntary and knowing waiver of the right to counsel, even if it could be argued that it indicates a misunderstanding of the evidentiary effect of oral statements.
When is a tax on media/the press that effects freedom of speech valid?
A tax impacting on the press or a subpart of the press cannot be based on the content of the publication absent a compelling justification. Press and broadcasting companies can be subject to general business regulations and taxes, but generally may not be singled out for a special tax. . Although the state tax here appears to be a general receipts tax, the exemption is based on content, which means that the tax also is based on content (i.e., a publication is subject to the tax unless it contains . . . )
What is the measure of damages in an action for conversion?
the fair market value of the chattel converted, computed at the time and place of conversion. (NOT the cost of replacing)
What does the Equal Protection Clause in the 14th amendment do?
Under that clause, a governmental action involving classification of persons will be subject to strict scrutiny if a suspect classification is involved. The law will be struck down unless the government proves that it is necessary to achieve a compelling interest. (Ex. State and local laws that classify persons based on alienage are subject to strict scrutiny unless the law is discriminating against alien participation in the functioning of the state government. In that case, the law will be upheld as long as it is rationally related to a legitimate government interest).
Are cross claims ever compulsory? What claims are?
No. Counterclaims.
When land is gained by adverse possession, and the adverse possessor goes to sell that land, will the title be marketable if the signs of her adverse possession (even though it was completed for the statutory period) are no longer on that land?
No. The owner’s adverse possession of the strip will not be sufficient by itself to establish marketable title; there is no longer any physical evidence of the owner’s possession. Marketability refers to freedom from the possibility of litigation concerning the title; title is marketable if a reasonably prudent buyer, ready and able to purchase, will accept it in the exercise of ordinary prudence. At times, sellers will rely on adverse possession to show that defects in title have been cleared. However, courts generally will not permit such reliance when proof of adverse possession rests only on oral evidence that will not be available to the buyer in the future.
If a buyer accepts nonconforming goods, they are able to recover warranty damages. What is the calculation?
The basic measure of warranty damages is the difference between the value of the goods delivered and the value they would have had if they had been as warranted in the contract, plus incidental and consequential damages.
What does the contract clause do?
The Contracts Clause prohibits states from retroactively and substantially impairing contract rights unless the governmental act serves an important and legitimate government interest and is a reasonable and narrowly tailored means of promoting that interest.
Where the seller can obtain or manufacture as many goods as it can sell (i.e., a lost volume seller), how are damages calculated when a buyer breaches?
In this type of case, lost profit is measured by the contract price less the cost to the dealer.
When might a suretyship exit the requirements of the statute of frauds?
where the main purpose or leading object of the promisor is to secure an advantage or pecuniary benefit for himself, the contract is not within the Statute of Frauds, even if the effect is still to pay the debt of another
If a homeowner sells thier house to a buyer and the buyer buys subject to the mortgage…and then defaults, who is liable to the mortgagor?
Both of them. If the grantee does not sign an agreement to assume the mortgage, he does not become personally liable on the loan, and the original mortgagor remains personally liable. If the grantee does sign an assumption agreement, however, the lender is considered a third-party beneficiary of the agreement, and hence may recover from the assuming grantee, who is primarily liable, or the original mortgagor, who is secondarily liable.
