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VA BAR > Missed from MBE 6/28, 6/30 > Flashcards

Missed from MBE 6/28, 6/30 Flashcards

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MBE flashcards
1
Q

what force may never be used to protect property?

A

force that will cause death OR serious bodily harm

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2
Q

what duty does an owner or occupier of land owe a trespasser?

A

none

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3
Q

what duty does an easement holder owe a trespasser?

A

general duty of care

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4
Q

what does RAP do to “so long as” language?

A

creates FSD/POR if conditions aren’t settled within 21 years

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5
Q

can someone conspire alone?

A

no

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6
Q

can someone by guilty of conspiracy if two were involved but only one intended to achieve the objective?

A

no

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7
Q

when does a covenant run with the land to a subsequent purchaser?

A
  • notice of the covenant
  • covenant touches and concerns the land
  • covenant is intended to run
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8
Q

can notice a covenant to a subsequent purchaser be constructive?

A

yes, if deed is recorded

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9
Q

how marketable is a title based on adverse possession

A

not at all

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10
Q

Thirteenth Amendment purpose

A

slavery/servitude can’t exist in the U.S. + Congress has power to adopt legislation to enforce. Congress may adopt legislation regulating private parties.

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11
Q

May Congress regulate private parties pursuant to the Thirteenth Amendment?

A

yes

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12
Q

conspiracy requires:

A
  • agreement between two or more persons
  • intent to enter an agreement
  • agreement to achieve the agreement’s unlawful objective (even if they didn’t know it was unlawful!)
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13
Q

can people be convicted of conspiracy for intending an objective they did not know to be unlawful?

A

yes. ignorance of the law is no excuse, so long as they intended the act

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14
Q

are persons temporarily detained in routine traffic stops in custody for Miranda purposes?

A

no.

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15
Q

may expert opinion be based on facts/data presented at trial?

A

yes

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16
Q

may expert opinion be based on facts supplied outside the courtroom?

A

yes, so long as they’re relied on by experts in the field

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17
Q

is attempt a general or specific intent crime?

A

specific

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18
Q

does a landlord-tenant relationship continue after the leased real property is condemned?

A

yes

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19
Q

when leased real property is condemned, what is the tenant’s obligation?

A

to pay the entire rent through the lease period

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20
Q

when leased real property is condemned, what is the tenant’s entitlement?

A

his share in the condemnation award to the extent that the condemnation impacts the tenant’s rights under the lease.

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21
Q

is factual impossibility a defense to an attempt charge?

A

not a good one.

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22
Q

when may silence be deemed an admission?

A

silence may be deemed an admission in a situation in which a reasonable person would have responded to an accusation

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23
Q

under FRE, are statements of physical symptoms admissible when not made to medical personnel?

A

yes

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24
Q

may a witness testify from the document used to refresh her emory?

A

no. the witness’ recollection may be refreshed, but the witness must then testify from present recollection other than relying on the writing/other evidence

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25
Q

if a contract provision is not expressly a bonus but smells like a bonus, how is it likely construed?

A

as an implied condition of the contract

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26
Q

what duty of care does an excavator near a public road have?

A

duty of care to protect road users from straying and falling in. the duty requires doing everything reasonable to protect the open excavation including putting up barriers.

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27
Q

in establishing conspiracy, need any required overt act be performed by both alleged conspirators?

A

no. only one’s performance is necessary.

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28
Q

is hiring an arsonist sufficient action for conspiracy?

A

yes

29
Q

may Congress usurp the federal courts’ authority to define EPC scope?

A

no

30
Q

does the Privileges & Immunities Clause limit Congressional powers by fed courts?

A

no.

31
Q

the Privileges & Immunities Clause protects individual rights against infringement by what level of government?

A

state government

32
Q

the parol evidence rule permits evidence trying to prove what nature of a contract?

A

its meaning

33
Q

how does the doctrine of waste impact a mortgage on a life estate and remainder?

A

life tenant pays interest

remainderman/reversioner pays principal

34
Q

Under the pre-existing legal duty rule, is the promise to perform an existing legal duty sufficient consideration?

A

no

35
Q

Under the pre-existing legal duty rule, if parties agree to modify their contract, when is consideration usually found?

A

when both parties’ obligations varied.

36
Q

Is a contract primarily for services governed by the UCC?

A

no

37
Q

Is reasonable belief alone sufficient to establish a shopkeeper’s privilege to detain a suspected shoplifter?

A

no

38
Q

May use of force intended or likely to cause serious bodily harm be used in a shopkeeper’s privilege to detain a suspected shoplifter?

A

no

39
Q

Is a default judgment in State A entitled to full faith and credit in State B when process was not properly served upon the defendant?

A

no

40
Q

By what modes do the FRCP permit service of process?

A

personal service

service left at the defendant’s usual place of abode with a resident of suitable age and discretion

service upon an authorized agent

state rules

41
Q

Where a defendant never appeared in a civil action and default was granted, what attack is available to the defendant?

A

collateral attack

42
Q

In states maintaining traditional contributory negligence, is reasonably foreseeable misuse a defense to strict products liability?

A

no

43
Q

Is a product manufacturer liable if injury results from unintended and unforeseeable misuse of a product?

A

no

44
Q

elements of adverse possession

A

actual and exclusive
open and notorious
adverse (hostile)
continuous through statutory period

45
Q

requirements for prescriptive easement

A

actual (not necessarily exclusive)
open and notorious
adverse (hostile)
continuous through statutory period

46
Q

what is the easement version of adverse possession?

A

prescriptive easement

47
Q

Is the U.S. Supreme Court’s jurisdiction over state party an exclusive jurisdiction?

A

no

48
Q

Among cases to which the U.S. Supreme Court is constitutionally granted exclusive jurisdiction, which has Congress granted concurrent jurisdiction to lower federal courts?

A

all but cases between states

49
Q

What court(s) has/have jurisdiction over a case between the United States and a state?

A

SCOTUS and lower federal courts

50
Q

What is larceny?

A 
taking and carrying away 
of another's tangible personal property 
by trespass 
with intent to deprive the owner of his property interest
permanently/for an unreasonable time
51
Q

Is larceny a general or specific intent crime?

A

specific

52
Q

What intent must be proved for larceny?

A

Intent to deprive of personal property either permanently or for an unreasonable time

53
Q

would mistake of ownership suffice as a larceny defense?

A

yes; negates intent to deprive

54
Q

Can supplemental jurisdiction be used to override diversity requirements?

A

no

55
Q

Is supplemental jurisdiction available for claims against persons made party under impleader rules, when that use of supplemental jurisdiction would violate diversity?

A

no

56
Q

If A sues B under fed diversity, and B seeks to implead a claim against C, who is diverse from B but not A, may B bring in C?

A

No. Supplemental jurisdiction cannot violate diversity.

57
Q

Does the “perfect tender” rule apply to installment contracts? Why or why not?

A

No. For installment contracts, a defective shipment cannot be rejected if the defect can be cured.

58
Q

When can an installment contract be rejected?

A

Only when the nonconformity substantially impairs the value of that installment and cannot be cured.

59
Q

When is an installment contract deemed breached?

A

Only when the nonconformity substantially impairs the value of the entire contract.

60
Q

What prevents federal interference with state governmental functions?

A

principles of intergovernmental immunity

61
Q

To whom does the U.S. Constitution’s Speech and Debate Clause extend?

A

Only to federal legislators.

62
Q

When is a defamatory statement slander per se?

A

When it adversely reflects on a person’s abilities in her business or profession.

63
Q

At common law, are damages presumed for slander per se?

A

Yes

64
Q

May conversations recorded in a private college’s cafeteria provide sufficient grounds for issuing a search warrant?

A

Yes

65
Q

When may a party assert a cross-claim against a co-party?

A

Only when the cross-claim arises from the same T/O as that of the original action or a counterclaim.

66
Q

“O to A for life, then to B’s heirs.”
B has a minor child.
A dies.
B and his minor child are still alive.

Jurisdiction has abolished destructibility of remainders rule. Who has what?

A

O and his heirs possess in FS subject to executory limitation; B’s heirs have contingent remainder that becomes a springing executory interest upon B’s death.

67
Q

When a buyer accepts goods that turn out to be defective, what damages may he recover?

A

Loss resulting in normal course of events from the breach:

  • diff btwn value of goods accepted and value they would have held if they’d been as warranted
  • incidental damages
  • consequential damages
68
Q

When a buyer accepts goods that turn out to be defective, may he recover unforeseeable damages?

A

no

VA BAR (10 decks)

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