Missed MBE 2

Question 1

What severs joint tenancy?

Answer 1

selling interest
mortgage if title theory jx

Question 2

Does belief that force is non deadly negate malice?

Answer 2

No

Question 3

Larceny: minimum req for element of carrying and transporting?

Answer 3

picking up item

Question 4

Deadly weapon in murder: assumption?

Answer 4

sub certain life would be taken (regardless of specific intent)

Question 5

In order to be guilty of a crime act must be ______.

Answer 5

voluntary

Question 6

Robbery: What must happen with the item?

Answer 6

MUST actually take

Question 7

LL/Tenant: When can LL retain deposit?

Answer 7

no rent $ or bad damages

Question 8

Security deposit should be put in what type of account? Interest?

Answer 8

Escrow
Cannot collect interest
Max sec amount = by state

Question 9

Validity standard for HOA rule

Answer 9

reasonably related to furthering legit HOA purpose

Question 10

Implied warranty of habitability and homes: Who does it apply to?

Answer 10

new construction by builder/developer

Question 11

What is alternative liability? Process?

Answer 11

P shows ALL Ds breached duty
Burden shifts to Ds

Question 12

What language cannot be used to convey FSD or FSSCS?

Answer 12

Wish, hope, desire, purpose of

Question 13

Can an indictment or prosecution be dismissed based on an unlawful arrest?

Answer 13

No

Question 14

Fixtures: can you remove?

Answer 14

Can’t remove if big damage or loss
Exception: LL and ten agreement

Question 15

Joint tenancy severance

Answer 15

Partition
Transfer (not putting in your will)
Mortgage title theory

Question 16

Can a BFP defeat adverse possessor?

Answer 16

Title acquired by adverse possession cannot be defeated by later conveyance even if land was vacant when buyer got it

BFP cannot defeat AP

Question 17

Due process clause burden

Answer 17

State must prove guilt beyond a reasonable doubt.

Burden shifts to the defendant for affirmative defenses (e.g., entrapment).

State can rebut affirmative defenses with prior convictions.

Question 18

What level of evidence required to instruct jury on defense/claim?

Answer 18

SOME, mere possibility

Question 19

CON LAW

Firing gov employee… process if possible 1st concern?

Answer 19

Not ee official duty + public concern

Balance ee rights as citizen to comment on public concern v. gov interest as er

Question 20

Search and Seizure

Is actual ownership of item required?

Answer 20

No
Ex: murder victim clothes on open field

Question 21

Right to remain silent, Miranda warning, Confrontation clause

Applies to what type of compulsions? examples of what is and is not?

Answer 21

TESTIMONIAL
* forensic lab offered for proof
* statements from prelim hearing, grand jury, former trial, police interrogation

NOT
* physical evidence: DNA, blood, walking, fingerprint, standing in line up, speak prescribed words, model clothing
* 911 call

Question 22

What ways can someone assume mortgage?

Answer 22

Sign deed or accept and record

Question 23

Deed requirements?

Answer 23

SAID

Signed Acceptance Intent Delivery/Describe prop

recording not req to transfer

Question 24

Set aside verdict… facts consistent v. inconsistent?

Answer 24

Consistent: Ct enters
Inconsistent: Can tell jury to deliberate, new trial, judgment notwithstanding gen verdict.
* if entered…must send back to jury or order new trial

Question 25

Foreclosure payment order

Answer 25

expenses, atty fee, ct cost principal and interest on foreclosed loan junior lien in priority order remainder to mortgagor unpaid juniors can bring deficiency action

Question 26

Liquidation clause: When can deposit be kept?

Answer 26

Less that 10% of whole or reasonable

Question 27

Confrontation Clause

Answer 27

prior testimonial evidence INADMISSABLE unless the declarant unavailable and D had an opportunity to cross declarant when statement was made