MBE study 2

Question 1

I. Torts. ____________ will be found if D was using the chattel without permission and it was accidently damaged.

Answer 1

Conversion.

Question 2

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 ____________.

Answer 2

bona fide purchaser, notice of the prior deed

Question 3

I. Judicial notice. A birthdate is not the sort of evidence that a court will recognize as noticed without ______ .

Answer 3

formal evidence

Question 4

I. Contracts. ________ is usually necessary to modify a contract.

Answer 4

consideration

Question 5

At common law, a corporation is not responsible for the ________ of its employees because it cannot manifest the ______ .

Answer 5

criminal acts, mens rea

Question 6

I. products liability based on strict liability action. SPCD.

Answer 6

strict duty owed by commercial supplier, production or sale of defective product, actual and proximate cause, damage

Question 7

I. Product liability. Foreseeable. Suppliers must anticipate reasonable foreseeable use (even if they are ______ ) of the product.

Answer 7

misuses

Question 8

Strict duty is owed to all _________ .

Answer 8

foreseeable bystanders

Question 9

I. Liquidated damages. liquidated damages clause is enforceable if: Damages are ______ and damages are ________ .

Answer 9

difficult to ascertain, reasonable forecast of compensatory damages.

Question 10

I. Impossibility. Impossibility will discharge a contract only when: _________ .

Answer 10

performance cannot be accomplished by anyone

Question 11

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 _______.

Answer 11

P can recover entire judgment from any one of the Ds.

Question 12

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.

Answer 12

greater than

Question 13

I. Criminal procedure. Whether a seizure occurs depends on whether ________ .

Answer 13

a reasonable person believes they were free to leave.

Question 14

I. Criminal procedure. If a policeman enters a bus, is this an illegal seizure of a D

Answer 14

No

Question 15

Under the 4th amendment, most searches must be pursuant to a ______ .

Answer 15

warrant

Question 16

Officer is allowed to search belongings when he has ___________ consent from Ds or parties.

Answer 16

voluntary and intelligent

Question 17

A person must be __________ before any rights against self-incrimination can be asserted.

Answer 17

in custody

Question 18

Miranda warning. 3 elements. SUA

Answer 18

right to remain silent, anything said can be used against you, and right to an attorney.

Question 19

There can be no breach, unless there is an absolute _______ .

Answer 19

duty to perform

Question 20

To assert a 4th amendment right, the person must have a ______________ .

Answer 20

reasonable expectation of privacy concerning place search or item seized.

Question 21

Congress’s spending power allows them to spend for __________ .

Answer 21

any public purpose

Question 22

I. Promissory Estoppel. Promise is enforceable to to the extent necessary to prevent injustice if _______________ .

Answer 22

the promisor should reasonably expect the promise to induce action or forbearance and such action or forbearance is induced.

Question 23

I. hearsay. An admission includes statements made by employees if the statement is made ____________ .

Answer 23

during the scope of employment

Question 24

If D agrees to answer questions orally, but requests the presence of counsel before making any written statements, then the oral statements are ________ .

Answer 24

admissible

Question 25

Does an electric company have the right to leave its power on to protect against theft or any other property damage?

Answer 25

No

Question 26

A tax impacting on the press or a subpart of the press cannot be based ___________ absent _________ .

Answer 26

content of the publication, compelling justification

Question 27

Taxpayer doctrine applies to a taxpayers objection to ___________ .

Answer 27

The way his taxes are spent rather than his tax liability

Question 28

I. Tort. Measures for the cost of repair are more appropriate for what kind of tort action?

Answer 28

trespass to chattel

Question 29

State ad local law that classify persons based on alienage are subject to ___________ unless the law is discriminating against alien participation in ________ .

Answer 29

strict scrutiny, a governmental function

Question 30

A state law requiring citizenship for all civil service position was held to be ______ .

Answer 30

invalid

Question 31

An owner of a wild animal will be _________ for the damage caused by the animal.

Answer 31

strictly liable

Question 32

Strict liability for a wild animal’s actions extends to where a person reacts ____________ from a perceived threat.

Answer 32

by trying to flee

Question 33

Violations of substantive due process apply to person’s _____________ .

Answer 33

fundamental rights

Question 34

Is driving considered a fundamental right?

Answer 34

no

Question 35

The right to counsel applies ___________ only when a sentence of imprisonment is actually imposed.

Answer 35

misdemeanor trials

Question 36

Any writing or record of any act or transaction is admissible as proof of the act if the record ______________ .

Answer 36

was made in the regular course of business

Question 37

Is an absence of a notation admissible under the business record exception.

Answer 37

Yes

Question 38

A defect as to the quantity of land conveyed is usually corrected by ___________ .

Answer 38

a pro rata abatement of the purchase price.

Question 39

In a private nuisance action, the interference with the P’s use and enjoyment of his land must be _________ .

Answer 39

substantial

Question 40

In a private nuisance action, the interference must be offensive, inconvenient, or annoying to ________________ .

Answer 40

an average person in the community

Question 41

Due process requires that a confession be ________ and not the product of ___________ .

Answer 41

voluntary, police coercion

Question 42

Under common law, tenants take the property _______ and __________ for all bills and costs associated with the property.

Answer 42

as is, remain liable

Question 43

Under the UCC, prohibition assignment of the contract refers only _______, and not to __________ in the contract.

Answer 43

duties that may be delegated, rights

Question 44

When a person takes his car in for a paint job, the court assumes a ______ on the car, that can be executed upon nonpayment.

Answer 44

lien

Question 45

Rape is a _______ intent crime.

Answer 45

general

Question 46

What are the two main interests that the Rule Against Perpetuities applies to?

Answer 46

contingent remainders and executory interests

Question 47

Article III limits the Supreme Court to hearing only

Answer 47

cases and controversies

Question 48

The Supreme Court has ruled that there must be ____________ causal connection between the claimed injury and the claimed conduct.

Answer 48

fairly traceable

Question 49

The United States is immune from being sued unless ___________ .

Answer 49

it waives its sovereign immunity

Question 50

A case is _______ unless an actual controversy exists at all stages of review

Answer 50

moot