Missed MC/rules

Question 1

Life Tenant obligation to pay taxes on property

Answer 1

A life tenant has the obligation to pay ordinary taxes on the real property, but only to the extent that the life tenant receives a financial benefit from the property. When the life tenant occupies the land, the financial benefit is measured by its fair rental value.

Question 2

Tenant at sufferance- notice

Answer 2

Unless required by statute, a landlord is not required to give a tenant at sufferance notice to vacate the premises before taking steps to recover possession of the property.

Question 3

right of first refusal reasonableness

Answer 3

A right of first refusal is a partial restraint on alienation that, if reasonable, is valid and enforceable by an injunction. This right is generally reasonable if the holder of the right can purchase the property under the same terms offered to another party.

Question 4

Conveying mortgage interest in lieu of foreclosure

Answer 4

A deed conveying a mortgagor’s interest in the mortgaged property to a mortgagee in lieu of foreclosure allows the mortgagee to take immediate possession of the property without the formalities of a foreclosure sale. Any junior interests remain attached to the property, and the mortgagee’s interest is extinguished unless it was reserved.

Question 5

tenancy at will- unconscionability

Answer 5

A tenancy at will is a leasehold estate that has no specific term and continues so long as the landlord and the tenant desire. If only one party is expressly given the right to terminate the leasehold, the lease may be deemed unconscionable and both parties will have the ability to terminate it.

Question 6

option contract- acceptance

Answer 6

The grantor of an option must receive the option holder’s decision to exercise the option within the time period specified in the option contract. The mailbox rule, which treats the acceptance of an offer as valid when mailed, does not apply to option contracts.

Question 7

deed transfer- delivery presumed when

Answer 7

A transfer by deed is effective when the deed is delivered by the grantor and accepted by the grantee. Delivery is presumed when the deed has been recorded, and acceptance is presumed if the transfer benefits the grantee.

Question 8

shelter rule

Answer 8

Recording acts protect purchasers—not donees. The Shelter Rule gives donees who acquire property from a grantor protected by a recording act the same protection as the grantor under the recording act. Otherwise, the “first in time, first in right” rule applies.

Question 9

exoneration of liens

Answer 9

Under the common-law exoneration-of-liens doctrine, the recipient of a specific devise of real property can use the remaining assets in the testator’s estate to pay off any encumbrances on that property.

Question 10

Questions about specific acts must be made in good faith by prosecution

Answer 10

Questions about specific acts committed by the defendant are permitted because knowledge (or lack thereof) of the defendant’s past behavior goes to the witness’s credibility. But such questions must be asked by the prosecution in good faith. This means that questions based on a hunch will not suffice—even when the hunch proves accurate.

Question 11

child competency in testifying

Answer 11

A child’s competence to testify depends on the child’s intelligence, ability to differentiate between truth and falsehood, and understanding of the importance of telling the truth. And as a non-expert witness, the child must have personal knowledge of a matter to testify about it.

Question 12

best evidence rule

Answer 12

The best evidence rule requires that the original document or a reliable duplicate be produced to prove the contents of a writing. But this rule applies only when a witness is relying on the document when testifying or the contents of the document are at issue.

Question 13

remedial measures admissibility

Answer 13

Evidence of a remedial measure is inadmissible if it was undertaken by the defendant after the plaintiff was injured. A remedial measure undertaken before the plaintiff was injured is not subject to exclusion.

Question 14

evidence generated by machine or animal

Answer 14

The rule against hearsay bars the admission of an out-of-court statement made by a person—not a machine or animal—that is offered to prove the truth of the matter asserted therein.

Question 15

declarant’s prior statement identifying a person

Answer 15

A declarant’s prior statement that identifies a person as someone the declarant perceived earlier is nonhearsay if the declarant testifies and is subject to cross-examination about the statement.

Question 16

Hearsay- judgements of acquittal

Answer 16

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted therein and is inadmissible unless an exclusion or exception applies. One exception exists for judgments of conviction. However, no such exception exists for judgments of acquittal.

Question 17

prior inconsistent statement

Answer 17

A prior inconsistent statement is a past statement that is contrary to a witness’s present testimony. This type of statement is inadmissible to prove the truth of the matter asserted therein (i.e., as substantive evidence) unless it is excepted or excluded from the hearsay rule. It will be excluded from hearsay (i.e., is nonhearsay) if:

the statement was given under penalty of perjury at a trial, hearing, deposition, or other proceeding and

the declarant testifies and is subject to cross-examination at the current trial.