MBE study 2 Flashcards
I. Torts. ____________ will be found if D was using the chattel without permission and it was accidently damaged.
Conversion.
I. property. shelter doctrine. Once a _________ enters the chain of events, then he can convey the deed to a buyer with superior rights even if he has ____________.
bona fide purchaser, notice of the prior deed
I. Judicial notice. A birthdate is not the sort of evidence that a court will recognize as noticed without ______ .
formal evidence
I. Contracts. ________ is usually necessary to modify a contract.
consideration
At common law, a corporation is not responsible for the ________ of its employees because it cannot manifest the ______ .
criminal acts, mens rea
I. products liability based on strict liability action. SPCD.
strict duty owed by commercial supplier, production or sale of defective product, actual and proximate cause, damage
I. Product liability. Foreseeable. Suppliers must anticipate reasonable foreseeable use (even if they are ______ ) of the product.
misuses
Strict duty is owed to all _________ .
foreseeable bystanders
I. Liquidated damages. liquidated damages clause is enforceable if: Damages are ______ and damages are ________ .
difficult to ascertain, reasonable forecast of compensatory damages.
I. Impossibility. Impossibility will discharge a contract only when: _________ .
performance cannot be accomplished by anyone
I. joint tortfeasors. under joint and several liability, when two or more tortious acts combine to proximately cause an indivisible injury to the P, then _______.
P can recover entire judgment from any one of the Ds.
I. comparative negligence. in pure comparative negligence, an injured P can recover from a D, even if his fault is ______ the fault of the negligent D.
greater than
I. Criminal procedure. Whether a seizure occurs depends on whether ________ .
a reasonable person believes they were free to leave.
I. Criminal procedure. If a policeman enters a bus, is this an illegal seizure of a D
No
Under the 4th amendment, most searches must be pursuant to a ______ .
warrant
Officer is allowed to search belongings when he has ___________ consent from Ds or parties.
voluntary and intelligent
A person must be __________ before any rights against self-incrimination can be asserted.
in custody
Miranda warning. 3 elements. SUA
right to remain silent, anything said can be used against you, and right to an attorney.
There can be no breach, unless there is an absolute _______ .
duty to perform
To assert a 4th amendment right, the person must have a ______________ .
reasonable expectation of privacy concerning place search or item seized.
Congress’s spending power allows them to spend for __________ .
any public purpose
I. Promissory Estoppel. Promise is enforceable to 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 induced.
I. hearsay. An admission includes statements made by employees if the statement is made ____________ .
during the scope of employment
If D agrees to answer questions orally, but requests the presence of counsel before making any written statements, then the oral statements are ________ .
admissible
Does an electric company have the right to leave its power on to protect against theft or any other property damage?
No
A tax impacting on the press or a subpart of the press cannot be based ___________ absent _________ .
content of the publication, compelling justification
Taxpayer doctrine applies to a taxpayers objection to ___________ .
The way his taxes are spent rather than his tax liability
I. Tort. Measures for the cost of repair are more appropriate for what kind of tort action?
trespass to chattel
State ad local law that classify persons based on alienage are subject to ___________ unless the law is discriminating against alien participation in ________ .
strict scrutiny, a governmental function
A state law requiring citizenship for all civil service position was held to be ______ .
invalid
An owner of a wild animal will be _________ for the damage caused by the animal.
strictly liable
Strict liability for a wild animal’s actions extends to where a person reacts ____________ from a perceived threat.
by trying to flee
Violations of substantive due process apply to person’s _____________ .
fundamental rights
Is driving considered a fundamental right?
no
The right to counsel applies ___________ only when a sentence of imprisonment is actually imposed.
misdemeanor trials
Any writing or record of any act or transaction is admissible as proof of the act if the record ______________ .
was made in the regular course of business
Is an absence of a notation admissible under the business record exception.
Yes
A defect as to the quantity of land conveyed is usually corrected by ___________ .
a pro rata abatement of the purchase price.
In a private nuisance action, the interference with the P’s use and enjoyment of his land must be _________ .
substantial
In a private nuisance action, the interference must be offensive, inconvenient, or annoying to ________________ .
an average person in the community
Due process requires that a confession be ________ and not the product of ___________ .
voluntary, police coercion
Under common law, tenants take the property _______ and __________ for all bills and costs associated with the property.
as is, remain liable
Under the UCC, prohibition assignment of the contract refers only _______, and not to __________ in the contract.
duties that may be delegated, rights
When a person takes his car in for a paint job, the court assumes a ______ on the car, that can be executed upon nonpayment.
lien
Rape is a _______ intent crime.
general
What are the two main interests that the Rule Against Perpetuities applies to?
contingent remainders and executory interests
Article III limits the Supreme Court to hearing only
cases and controversies
The Supreme Court has ruled that there must be ____________ causal connection between the claimed injury and the claimed conduct.
fairly traceable
The United States is immune from being sued unless ___________ .
it waives its sovereign immunity
A case is _______ unless an actual controversy exists at all stages of review
moot
