missed questions

Question 1

rule for perpetuties

Answer 1

measured from the end of any life estate

Question 2

can someone not be a citizen of any state and not be an alien for reasons of diversity

Answer 2

yes

Question 3

knowledge of defect exception to hearsay

Answer 3

if a state is offered to prove that a D was aware of a defective condition, that is not hearsay

Question 4

supplemental jurisdiction

Answer 4

discretion to exercise supplemental jurisdiction over related claims that derive from the same common nucleus of fact and are such that a plaintiff would ordinarily be expected to try them in a single judicial proceeding

REGARDLESS of lack of diversity, or amount in controversy

Question 5

does estoppel by deed apply to quitclaim deeds

Answer 5

no

Question 6

motion for judgment on the pleadings for failure to state a legal defense

Answer 6

motion filed when D admits a claim by not answering

Question 7

administrative tribunal

Answer 7

admin agency with limited jurisdiction

no life tenure

Question 8

are motel rooms considered residences under fourth amendment

Answer 8

yes

Question 9

notice for procedural due process must be

Answer 9

adequate, meaning that it must be reasonably conducted to notify person

Question 10

strict liability for defecitve products

Answer 10

(i) the defendant is a commercial supplier; (ii) production or sale of a defective product; (iii) actual and proximate cause; and (iv) damages.

Question 11

when can an intended benficiary enforce a contract

Answer 11

when their rights vest

Question 12

when does an intended benficiaries rights vest

Answer 12

Vesting will occur when the beneficiary (i) manifests assent to the promise in a manner invited or requested by the parties, (ii) brings suit to enforce the promise, or (iii) materially changes position in justifiable reliance on the promise.

Question 13

interrogatories can only be used for

Answer 13

parties to a lawsuit

Question 14

when transferring a deed, the magic word is

Answer 14

conveyance

Question 15

does a d claim they were innocent nullify a guilty plea

Answer 15

no

Question 16

can prosecution not honor a plea bargain after plea

Answer 16

if they do, it nullifies plea

Question 17

when does a person waive privilege under medical examinition rule

Answer 17

when they request a copy of hte medical report, then they must produce copies of like reports

Question 18

what is a remedy for fradulaent misrepresentation

Answer 18

reformation of th econtract

Question 19

do land/property taxes count as covenants that touch and concern land

Answer 19

yes

Question 20

does witness need to be available for prior identification exception to hearsay

Answer 20

yes

Question 21

can congress repeal a treaty

Answer 21

yes with two thirds vote

Question 22

when does the “probative valeu putweigh potential for prejudice” test come into effect

Answer 22

only when used against a criminal D

Question 23

non hearsay statements

Answer 23

prior inconsistent (admissible as substantive evidence if under oath) statements
statements attributable to the other party
prior statements
adopted statements
vicarious statements

Question 24

hearsay exception if declarant is unavailable

Answer 24

dying delcaration
statement against interest
former testimony (under oath)
statement of family history

Question 25

unborn widow rule

Answer 25

rule against perpetuities that treats a widow with unborn children not as a measuring life

Question 26

touch and conern

Answer 26

any covenant that imposes a duty related to the (touching and concerning) the land runs with the land to anyone in privity of estate
-includes obligations to pay fees/taxes for land

Question 27

what does quiet title mean

Answer 27

an action to determine who is rgihtful holder of title

Question 28

what amendment can apply to private citizens

Answer 28

the enabling clause of the 13th amendment

Question 29

does supremacy clause extend to federal contracts with companies

Answer 29

yes

Question 30

in an action against a third party is a parents negliegence imputed on a child

Answer 30

no, and vice versa, a childs damages cant be limted by parrents acts worsening condition

Question 31

what is the time limit for fraud and misconduct to file for relief of judgment

Answer 31

one year

Question 32

when are admissions by request for admissions admissible

Answer 32

only in the pending action, not in subsequent actions

Question 33

when are service contracts non delagable

Answer 33

when they are personal service requiring special skill

Question 34

does a parties previous statements fall under work product protection

Answer 34

no

Question 35

when does a right to counsel attaches in misdeamnor trials

Answer 35

when imprisonment sentecnce imposed, if before not a violation even if possible sentence is over 6 months

Question 36

when D is undertaking an abnormally dangerous activity

Answer 36

strict liablity applies, even to unforeseeable events

Question 37

when a case is removed from state court to federal court

Answer 37

proper venue is ONLY the federal court where the action was commenced

Question 38

for private nuisance, is the P ownership and use of studio relvevant?

Answer 38

yes on whether the use of the land by D is reasonable

Question 39

two things protected by equal protection

Answer 39

protected class AND fundemental rights

Question 40

if parties make a mistake during integration of writing

Answer 40

courts will permit error to be corrected

Question 41

for photo evidence, does a photographer need to testify to accuracy of picture

Answer 41

no, any witness familiari with the scene or object depicted can

Question 42

conversion

Answer 42

act of D interferes with porperty
seriously enough to warrant full compensation

dont need intent! just actual interference

Question 43

does an obligor needs notice of assignment to pay the assignee

Answer 43

yes

either assignor or assignee can notify

Question 44

does assignment extinguish privity of contract between obligor and assignor

Answer 44

yes

Question 45

what is needed for assignment

Answer 45

1. assignor maifests intent to immediately and completely transfer their rights
2. writing not req
3. right assigned must be adequately described
4. consideration not req

Question 46

assignment for value

Answer 46

done for consideration OR
taken as security for a preexisting debt
irrevocable

Question 47

gratuitous assignment

Answer 47

not for value
revocable UNLESS
obligor already performed OR
a tangible claim id delivered (stock cert) OR
assignment for intagnible claim is put in writing OR
assignee cna show detrimental reliacne

Question 48

which assignment is irrevocable

Answer 48

assignment for value

Question 49

is an assignmnet revocable

Answer 49

yes, but only gratuitous assignments without one of the four exceptions

Question 50

method of revoking an assignment

Answer 50

death of assignor
notice of revocation by assignor to assignee or obligor
assignor takes performance from obligor
subsequent assignment of saem right to another

Question 51

does a clause prohibitng assignment of contractual rights bar assignment

Answer 51

No, but allows for collection of damages