MEE Rules

Question 1

Gov wants to condition giving building permit on the restaurant giving easement. Rule?

Answer 1

Generally, forced conveyances violate 5A. However, ok if, 1) close nexus (condition relates to LGI).
2) rough proportionality (city must show). between the adverse impact on the area to the loss.

Question 2

Can a partner withdraw from an @ will partnership by saying “I am withdrawing from the partnership, I will wind up and send you a check for your portion.”?

Answer 2

Yes. A partnership at will can be dissolved @ any time by EW or any partner without penalty.

Question 3

Legal effect of EW Withdrawal from @ will p’ship?

Answer 3

Withdrawal by EW of @ will p’ship is that the pship is dissolved and its business must be wound up. Dissolution, is a change in the relation of the partners, but does not automatically terminate the partnership. The partnership obligation and duties continue until the pship is properly wound up, creditors are paid, and remaining assets are distributed. Withdrawal is not wrongful, so the withdrawing partner can participate in the WU process.

Question 4

Does it matter if a partner takes a partnership opportunity after giving notice of withdrawal from an @ will pship?

Answer 4

No. If he learned of the opp beforehand, the opp belonged to the pship @ that point. Also, withdrawal doesnt terminate the partnership, it only begins the WU process, so pship continued during that time and so did the partners duties to each other.

Question 5

Write for breach of FDs in pship

Answer 5

Partners owe a duty to the partnership AND the partners to act in good faith an in accord with DoC/DoL. DoL specifically includes accounting for profits, no entering into conflicted interest transactions, not competing with the partnership and not usurping partnership opportunities.

Question 6

Can a trial court dictate the order of evidence @ trial?

Answer 6

Yes. A final pretrial conference is held for the purpose of formulating a plan @ trial, including a program for the admission of evidence. After the pretrial conference, the court issues an order that controls the subseqent course of events in the case, including issues needing resolution and the order in which they are presented to the jury. This order supersedes the pleadings.

Question 7

Motion JMOL - Standard.

Answer 7

After other party fully heard on issue, even if before finihed full presentation of case, if no RJ could find SERV. View in light most favorable to NMP

Sub Evidence in Record to support Verdict.

Question 8

Divisible Divorce Doctrine

Answer 8

Even where an ex parte divorce decree (one based on domicile of one spouse, without PJ over other) is valid, the property division or alimony decree is not. This is called the divisible divorce doctrine.

Question 9

Can a child consent to surgery without parents consent?

Answer 9

Generally no, children are treated different from adults under the law. Parental consent required before medical treatment can be administered to a person under the legal age of capacity, ususally 18.

Unless: 1) the child is emancipated
2) some states have laws allowing minors to consent to abortions, obtain birth control, consent to treat STDs.

Question 10

Can a court order a surgery of a child over a parents objection?

Can parents make their kids practice a certain reigion?

Answer 10

Gen no, con right of privacy gives parents right to decide issues concerning the care, custody, and control of their children. Parents decisions given deference.

Yep. same constitutional protection to raise kids however want, so long as no indication of harm to child.

Question 11

Anticipatory Repudiation

Answer 11

1. UnEq comm of unwill or unable 2 perform by statements or conduct.
2. Can R&R if no COM
   Cancel, Otherwise indicate consider final, or Mat’l rely
3. Can reinstate by ARM, so long as shows intent to reinstate. Must include justifiably demanded assurances.
4. Remedies for NBP: IS WUT
5. immediately sue
6. wait until perform due
7. urge perform
8. treat as discharged.

Question 12

Start UCC remedies paragraph:

Answer 12

Under UCC, purpose of remedies is give NBP BoB. Most common measure of damages for seller is ED + I - ES.

Incidentials include costs in storing, shipping, and reselling goods as a result of B’s breach.

Question 13

If seller chooses to resell, he must do so with:

Answer 13

good faith, commerically reasonable sale that may be either private or public (auction).

For a private sale, the S must give B reasonable notice of intent to resell.

Question 14

Phone conversation. Then next day, signed letter: “i have decided not to buy the 1820 doll we agreed yesterday you would sell me.” Does this satisfy SoF?

Answer 14

Yup. SIKE. 
SW by P2BC
ID of subject matter 
K - intent to be formed 
Ess T (quantity).

Question 15

Wife’s Trust is created during execution of Husband’s will. Is this a valid pour over clause?

Answer 15

Under the traditional view, valid pour over gift from a will to a revocable trust, the trust must have been in existence or executed @ time of will execution.

Modern, majority view: will can devise property to a trust through a pour over clause, so long as the trust validly exists before Ts death.

Pour over gifts are valid even if the trust is unfunded during Ts lifetime AND even if the trust is amended prior to Ts death.

There is no req that the trust and the will be executed by the same person.

Question 16

How would a court construe this amendment?

Trust: “1) All trust income to Wife for life, 2) on her death, all income to Niece during Niece’s lifetime and 3) on Niece’s death, distribute all trust principal to Neice’s then living issue”

Amendment: “distrubute trust principal to Niece’s children age 21 or older who are living when Wife’s Trust terminates”

Answer 16

Construe the words of the trust to give effect to S’s intent.

Here, language of the amendment of the trust is subject to 2 interpretations.
1. Based on strict reading, only Ns children age 21 and older and living @ her death get the principal.

2. Could argue that Wife did not intend this, only meant to exclude the children until they reached a more mature age. Language of “when Wife’s Trust terminates” v “upon Neice’s Death” also indicates that W misunderstood when the trust terminated.

Question 17

Anti Lapse Statutes - for IVT and JTWROS.

Answer 17

Most states have anti lapse statutes that operate to save a gift for the deceased beneficiaries issue if the beneficiary was in a close relationship with the decedent.

In most states, these only apply to testamentary gifts, not an IVT and do not apply if there is a contrary provision in the instrument (e.g. gift contingent on B surviving decedent).

In other states, including those that have adopted the UPC, anti lapse statutes apply to IVTs and is not affected by words of survivorship. In these states, if a trust creates a class gift and a class member dies before the event upon which the interest becomes possessory, her descendants succeed to the interest.