Milestone Exam

Question 1

May a witness be cross-examined about an arrest?

Answer 1

No.

Question 2

Can voluntary intoxication be a defense to conspiracy?

Answer 2

Yes, because conspiracy is a specific intent crime.

Question 3

How much of the structure needs to burn for an arson to be completed?

Answer 3

Just a portion.

Question 4

What is the requirement for regulating commercial speech?

Answer 4

must be by narrowly tailored, reasonable, and proportional means that directly advance a substantial government interest.

Question 5

What are the elements for intentional interference with a contract?

Answer 5

the competitor must prove that

(1) a valid contract existed between the competitor and the manufacturer,
(2) the company knew of the contractual relationship,
(3) the company intentionally interfered with the contract, causing a breach, and
(4) the breach caused damages to the competitor.

Question 6

When the US is a defendant in a civil action, who has to be served?

Answer 6

The U.S. Attorney General and the U.S. Attorney for the district in which the action has been filed.

Question 7

What is the equal protection amendment?

Answer 7

The 13th amendment.

Question 8

What is the equal protection amendment’s rule on ballot access?

Answer 8

Although there is no fundamental right to be a candidate for political office, state election laws imposing undue burdens on placing new or small parties on the state ballots must serve a compelling state interest in the regulation of a subject within the state’s constitutional power.

Question 9

When must an offer to compromise be made in order for it to be admissible?

Answer 9

Before there is a disputed claim.

Question 10

What mental state is required for Murder?

Answer 10

Malice aforethought.

Question 11

What mental state is required for voluntary manslaughter?

Answer 11

Intentional

Question 12

What does a motion for judgment on the pleadings have to wait for to be filed?

Answer 12

An answer from the defendant.

Question 13

What is required for joinder?

Answer 13

Any right to relief must arise out of the same transaction or occurrence.

Question 14

Does a criminal defendant have any right to an attorney when giving a handwriting sample if they have already been charged?

Answer 14

No.

Question 15

Under a race-notice statute, what must a subsequent purchaser do to obtain title?

Answer 15

They must record first and not have notice of the earlier transfer.

Question 16

Common Law Murder:

Answer 16

Unlawful killing of another with malice aforethought. Malice aforethought includes the following mental states: intent to kill, intent to do serious bodily injury, reckless indifference to an unjustifiably high risk to human life (depraved heart), or intent to commit certain felonies (felony murder).

Question 17

Voluntary Manslaughter

Answer 17

adequate provocation arousing a sudden or intense passion in the mind of an ordinary person.

Question 18

Does Double Jeopardy include issue preclusion?

Answer 18

Yes.

Question 19

What is “Issue Preclusion” in a double jeopardy context?

Answer 19

Where a jury acquits a defendant of an offense that is a lesser included offense of another offense over which the jury deadlocks, the jury determination that the defendant did not commit the lesser included offense precludes the prosecution from retrying the defendant on the greater offense.

Question 20

When a contract requires shipment by a third party carrier, where is risk of loss presumed to pass?

Answer 20

When delivery is made to the third party shipper risk of loss passes from seller to buyer because this is presumed to be a shipper contract.