MBE Rules (Miscellaneous) Flashcards
Con Law: Pretermination Opportunity
A PUBLIC employee who is subject to removal only FOR CAUSE under a statute has a property interest in continued employment that CANNOT be taken away without due process of law. Such employee generally must be given NOTICE of the charges and a PRETERMINATION OPPORTUNITY to respond to those charges.
Con Law: Monetary Contributions to a Candidate’s Campaign - Ballot Referendum
The government may limit the amount of contributions that an individual can contribute to a candidate’s campaign, BUT MAY NOT limit the contributions to a political committee that supports or opposes a ballot referendum.
Contracts: UCC Requirement Contracts - Assignments
The UCC ALLOWS the assignment of requirement contracts IF THE ASSIGNEE ACTS IN GOOD FAITH not to alter the terms of the contract.
Evidence: Admissibility - Charts About Voluminous Evidence
The original document or best evidence rule generally requires the original writing to be produced when the terms of the writing are sought to be proved and are material to the case.
HOWEVER, the contents of VOLUMINOUS WRITINGS that are otherwise admissible may be presented in the form of a chart so long as the original documents are available to the other party for examination and copying.
Con Law: One-Person One Vote + At Large Exception
The Equal Protection Clause prohibits state dilution of the right to vote, so that when a governmental body establishes a voting district for the election of representatives, the number of persons in each district MAY NOT VARY SIGINIFICANTLY. This is applied to almost EVERY ELECTION where a person is being elected to perform normal government functions.
HOWEVER, the principal of one person, one vote IS INAPPLICABLE where there is an AT-LARGE SYSTEM and no discriminatory intent is evident.
Real Property: Life Tenant’s Responsibility to Pay Taxes
The life tenant is responsible for paying taxes on the property, and had there been a mortgage the interest on that too (but NOT principal).
Real Property: Life Tenant’s Ability to Tear Down Improvements + Exception
Generally, a life tenant CANNOT tear down improvements simply because the life tenant wants to make a more profitable use of land.
HOWEVER, an exception exists when CHANGED CONDITIONS have made the destruction of the improvement reasonably necessary (i.e., dangerous or collapsible)
Real Property: Joined Conveyance of Property By Joint Tenants
If BOTH joint tenants join in a conveyance to a party, the joint tenants interests REMAIN UNDISTURBED.
Example: Joint tenants convey 20% of land to friend, Joint Tenants hold 80%, friend holds 20% as tenant in common.
Real Property: Easements By Necessity - Merger Doctrine - Different Durations on Both Parcels
For there to be a merger which will extinguish an easement, the DURATION OF THE SERVIENT estate MUST BE EQUAL TO OR LONGER than the DURATION OF THE DOMINANT ESTATE.
Criminal Procedure: Fifth Amendment Privilege Against Self-Incrimination - Protecting Others From Incrimination by Remaining Silent
The right to remain silent DOES NOT include the right to protect others from incrimination. Therefore, a defendant’s refusal to cooperate with an investigation may properly be considered in imposing a sentence.
Constitutional Law: Double Jeopardy - Cumulative Sentences (Multiple Punishments)
Double jeopardy DOES NOT prohibit the imposition of cumulative sentences for two or more statutorily defined offenses specifically intended by the legislature to carry separate punishments, even though constituting the “same” crime under the Blockburger test (i.e., each offense does not require proof of some additional fact that the other does not) when the punishments are imposed at a single trial. Absent a clear intention, it is presumed that multiple punishments are not intended for offenses constituting the same crime under Blockburger.
Civil Procedure: Amending a Pretrial Order to Admit New Evidence
A pretrial order will be modified to “prevent manifest injustice.” Although a court will consider the timing of the request for modifying a pretrial order, there is nothing that would prevent a judge from doing so, EVEN AFTER THE TRIAL HAS BEGUN.
Civil Procedure: Plaintiff’s Entitlement to Defendant’s Insurance Coverage
The plaintiff is entitled to defendant’s insurance information coverage prior to trial. WITHOUT WAITING FOR A DISCOVERY REQUEST, a party must provide to the other parties copies or allow inspection of insurance agreements.
Constitutional Law: What Part of the Constitution Gives Congress the Power to Prohibit Private Racial Discrimination?
The Enabling Clause of the Thirteenth Amendment confers on Congress the authority to proscribe almost ANY private racially discriminatory action that can be characterized as a badge or incident of slavery.
Property: Marketable Title - When Does Seller’s Obligation to Furnish Marketable Title Occur?
The seller’s obligation to furnish marketable title occurs WHEN DELIVERY IS DUE. The buyer CANNOT rescind PRIOR TO CLOSING on grounds that the seller’s title is unmarketable.
