Missed Questions Flashcards
1
Q
At what point in time must a title be marketable
A
at closing
2
Q
In an installment contract for the purchase of land, where the deed is not t transferred until sometime in the future, at what time does a buyer have a cause of action regarding encumbrances?
A
no cause of action will arise until closing. Seller has until the transfer of the deed to make title marketable
3
Q
In a tort case, may a defendant joint a 3rd party with no relationship to the defendant in order to shift liability (its not my fault, its his)
A
No. A defendant can only join a 3rd party for indemnification/vicarious liability/respondent superior
4
Q
Firing a gun while intoxicated is what kind of homicide crime
A
2nd degree murder = depraved heart murder = reckless indifference to an unjustifiably high risk to human life
5
Q
Is gather the names and contact info of all witnesses to a car accident work product?
A
no
6
Q
When do you make a 12b motion?
A
- In a consolidated preanswer motion or
- in the answer
If a preanswer motion is filed and a 12b motion is left out, that argument has been waived
7
Q
In a contract for multiple shipments, when may the buyer cancel a second shipment?
A
the buyer does not have a right to cancel a second shipment unless the defects in the first shipment substantially impair the value of the entire contract
8
Q
When may a state require US citizen ship for employment purposes?
A
when necessary to achieve a compelling state interest. Compelling sate interests includes state statutes prohibiting aliens from teaching primary or secondary school on the rationale that teachers at the elementary and high school level have a great deal of influence over the attitudes of young students toward government, the political process, and citizenship.
9
Q
Requirements to use the dying deceleration hearsay exception
A
- Must be a homicide or civil case
- declarent must be unavailable
- declarent must have believed death was imminent
- the statement must concern the cause or circumstances of the declarents impending death
10
Q
When you have a single P v a single D, may P aggregate all claims to meet the 75K requirement even when the claims do not arise from the same transaction or occurrence
A
yes
11
Q
For diversity purposes, does the citizenship of the executor of an estate matter?
A
No. Use the domicile of the dead guy to determine diversity
12
Q
What must a litigant show to get an ex parte temporary restraining order?
A
- why notice should not be required; or
- why it is not possible to obtain notice
- irrepressible and immediate harm
13
Q
When are costs and attorneys fees available under a motion to compel
A
- Must include in the motion a certification that the moving party made a good faith effort to communicate with he other side.
- Can only get sanctions if you confer good faith with the other side and the other side fails to respond even after the motion to compel is filed
14
Q
Is an objection not raised during a deposition waived?
A
yes
15
Q
When must a judge enter a default judgement
A
If Defendant has appeared. Defendant will also be entitled to additional notice before the default judgement is entered by the jduge
16
Q
Plaintiff almost always _____ motions for directed verdict, SJ or Judgement on the Pleadings because ____
A
- loses
- there is usually some question of fact for the jury to determine
17
Q
When will a Defendant’s motion for Directed Verdict, SJ, or Judgement on the Pleadings be granted?
A
when P fails to establish a prima facia case (one or the required elements has not been addressed in the facts)
18
Q
If multiple claims under a single contract can be bought at one time, they must be brought together or subsequent claims will be
A
barred by res judicata
19
Q
A nonparty may intervene in an action as a matter of right in two situations.
A
- A nonparty may intervene when it has an unconditional right to do so by a federal statute.
- a nonparty may intervene if
(i) it has an interest in the property or transaction the is the subject matter of the action;
(ii) the disposition or resolution of the action may as a practical matter impair the nonparty’s ability to protect its interest; and
(iii) the nonparty’s interest is not adequately protected by an existing party in the action.
20
Q
The Fair Housing Act prohibits ________ that indicate any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin.
A
advertisement
21
Q
The Fair Housing Act does not prevent discrimination when
A
a dwelling is a single-family home rented by an owner who owns no more than three single-family homes
22
Q
Does the “ single-family home rented by an owner who owns no more than three single-family homes” exception apply to discriminatory advertising?
A
no
23
Q
Under a Strict Liability cause of action, the manufacturer will not be found liable if
A
a 3rd party is deemed solely legally responsible for the death/injury
24
Q
Conversion
A
interference with right to possession of chattel that is serious enough to warrant that the def pay the full market value of the chattel (use without permission that resulted in damage 40% of items market value was conversion.)
25
Role of custom in contracts
Courts will look to industry custom in contracts cases to determine if both parties implicitly understood said custom when the custom is not specifically referenced in the contract
26
For claims that assert fraud or mistake the federal rules specifically require that a plaintiff assert the claim for relief with
particularity
27
Effect of subsequent return and destruction of a deed
has no legal effect on the deeds validity. The original transfer still stands
28
Government regulations on speech in a limited public forum or a non public forum will be upheld as long as the regulation is
(i) viewpoint neutral, and (ii) reasonably related to a legitimate government purpose.
29
Who bears the burden when the Government regulates speech in a limited public forum or a non public forum
The citizen would have the burden of proving that there was no reasonable basis for the statute.
30
Will a statute prohibiting public gatherings on the steps of the courthouse at specified times while the court was in session be upheld?
non public forum = will be upheld if restriction is 1. reasonable effort to preserve government property for its intended use 2. viewpoint neutral
31
Permissive counterclaim
A third party defendant MAY assert a claim against a plaintiff if the claim arises from the same transaction or occurrence as the original claim.
32
compulsory counter claim
Original Defendant MUST bring all claims arising from the same transaction or occurrence (compulsory counterclaim)
33
Remittur is ________ in federal courts.
allowed
34
Additur is ___________ in federal courts
not allowed
35
Failure to raise a timely objection to a procedural error_______ the right to appeal the issue
waves
36
Where is venue proper
1. In any district where a defendant resides if all the defendants reside in the same state.
2. If they are from different states, venue is proper where the cause of action occurred
37
When will an amendment to a complaint relate back
1. The claims in the amendment relate back
2. The Amendment it is in the time allotted for serving the original complaint (90 days)
3. The new defendant receives notice so that it will not be prejudice in defending on the merits and
38
When will a Plaintiff be allowed to amend a complaint when the originally filed against the wrong defendant?
1. The claims in the amendment relate back
2. The Amendment it is in the time allotted for serving the original complaint (90 days)
3. The new defendant receives notice so that it will not be prejudice in defending on the merits and
4. The defendant knew or should have known they were the correct defendant
39
Cross claims (DvD) are _______ compulsory
never
40
Are the opinions of experts who are retained in anticipation of litigation but who are not expected to testify at trial discoverable?
only upon a showing of exceptional circumstances under which it is impracticable to obtain facts or opinions by other means or when a medical report for an exam conducted under FRCP 35 is requested.
41
When may a court relieve a party form a final judgement or order based on fraud, misrepresentation or misconduct of an adverse party?
On a motion for relief of judgement which must be made within a reasonable time not to exceed one year.
42
Does the 7th amendment preserve a right to a jury trial for equitable claims?
no. Equitable claims are tried by a judge
43
Under the 7th Amendment, who may demand a jury trial in a civil action?
both plaintiff and defendant (for legal claims only)
44
When is a denial of a motion to compel immediately appealable
The denial of a motion to compel is an "interlocutory order" that can be reviewed prior to final judgment only if the trial court certifies it for immediate appeal and the appellate court, in its discretion, agrees to hear the appeal.
45
if legal and equitable claims are joined in one action involving common fact issues how is the case tried?
the legal claim is tried first before the jury, and then the equitable claim is tried to the court. The jury's finding on fact issues will bind the court in the equitable claim.
46
What is the document used to get 3rd party (nonparty) discovery?
subpoena
47
Viewpoint regulation is
presumptively unconstitutional and subject to strict scrutiny review
48
The contracts clause
- only applies to the states.
- Prohibits states from retroactively and substantially impairing contract rights unless
- the state law serves an important government interest and that state law is narrowly tailored to promote that interest.
49
A States best argument to refute a claim under the contracts clause
is the 10th Amendment.
50
When the standard of review is rational basis, the burden falls on the
challenger (not the state)
51
If the state law and the federal law have different purposes, will the state law be upheld?
States are allowed to give their citizens greater protections, unless congress has occupied the field.
Unless congress expressly says they are occupying the field, the law is okay.
52
New Establishment Clause standard announced in 2022
- Establishment Clause compels the government to pursue a course of neutrality towards religion.
- Government cannot aid or formally establish religion or directly or indirectly coerce individuals to exercise or refrain from exercising religion.
- a questionable action may be upheld if it is supported by history and tradition, including if the founders of this country would have deemed it permissible.
53
When may congress regulate under the commerce clause
conceivable rational basis for concluding that the activity regulated, in aggregate, substantially affects interstate commerce.
54
For standing/injury, if an entity has taken ________ towards some goal that is going to be the subject of future litigation, the entity has standing
substantial steps (includes having signed a contract for future action)
55
When dose a seller of goods have third party standing?
- when challenging a law that adversely effects the rights of her customers.
- Have to show a nexuses between the person bringing the suit and the people being harmed. (Look for words like “linked” in the answer)
56
Equal protection claims against the federal government must be analyzed under
the 5th amendment or substantive due process
57
A federal court may not hear a private party's or a foreign government's claims against a state government under ______
the 11th amendment
58
May a president refuse to spend funds allocated by congress?
there is no constitutional basis for the President to "impound" (i.e., refuse to spend) funds whose expenditure Congress has expressly mandated
59
Under what amendment does Congress have the power to regulate discriminatory conduct by individuals?
Under the 13th amendment, the Supreme Court has allowed Congress to prohibit any private conduct that Congress deems to be a "badge" or "incident" of slavery, and has upheld statutes regulating private contracts.
60
To be upheld, government regulations on speech and assembly in public forums must be
1. content neutral
2. narrowly tailored to serve an important government interest, and
3. must leave open alternative channels of communication.
61
When has 3rd party beneficiary's rights vested?
Learn and assent, learn and rely, learn and sue→ learning alone is not enough
62
promissory estoppel
a promise, reasonable expectation of reliance, actual reliance, interests of justice require enforcement of the promise
63
If someone says "hey I can find a buyer that will pay $5K for that for a 10% finders fee " and you say nothing, but later they give you a potential buyers number and you call the buyer and they buy the product, do you have to pay the finders fee?
Yes, by getting the number you entered into a contract
64
What does the S stand for in MY LEGS
Surety
65
Do Surety contracts have to be in writing?
yes under the SoF
66
What is an accord and what is its effect on the original agreement
- An Accord is a separate agreement that suspends the buyers obligations under the original contract until the buyer either satisfies or breaches the accord.
- If the accord is satisfied, the original contract obligation is discharged.
- If you breach the accord, can sue for breech under the original agreement or the accord
67
“Would you consider” “would you be willing” is an
inquiry, not a counter offer so the original offer stands
68
FOB "seller" or "seller's location" or "common carrier's location" means
the buyer assumes all risk once the seller ships the product.
69
FOB "buyer" or "buyers location" means
the sender is responsible for any loss incurred even if they assign their responsibility to another (i.e. a delivery company)
70
Main purpose rule exception to the SoF
If the main purpose of the promisor in promising to answer for the debt of another was to benefit themselves, you can take out of the statue of frauds and enforce the contract even if it is not in writing
(co-signing on a loan for ones own benefit)
71
Do assignments have to be in writing
no
72
do assignments require consideration
no
73
If a contract does NOT say "time is of the essence" failure to complete a project my the contract date has what effect?
1. Failure to finish by the contract is only a minor breach (not a material breach)
2. The nonbreaching party can sue for damages, but they cannot rescind the contract
74
A revocation generally is effective when received by the offeree. A written communication is considered to have been "received" when
(i) it comes to a person's attention, or
(ii) it is delivered at a place of business through which the contract was made.
**The revocation does not actually have to have been read to be effective.
75
Within an valid option contract, does a counter offer act as a rejection and new offer such that the original offer disappears?
No. An option does not end prior to its expiration date even if the offeree makes a counteroffer during that time
76
In a shipment contract, the risk of loss generally passes to the ______ when the goods are delivered to the carrier.
buyer
77
In a shipment contract, when will the seller retain the risk of loss even after the goods are delivered to the carrier?
if the buyer has a right to reject the goods, the risk of loss does not pass to the buyer until the defects are cured or the buyer accepts the goods.
78
Under the UCC, if a buyer has rejected goods because of defects, the seller may. . .
within the time originally provided for performance, "cure" the defective tender by giving reasonable notice of its intention to do so and making new tender of conforming goods, which the buyer must then accept
79
If a party makes a gratuitous assignment to a 3rd party, but then accepts the payment themselves
the assignment has been revoked
80
In contract, what happens if one party knows or has reason to know of the other party's unilateral mistake
the party will not be permitted to take advantage of the mistake
81
When a bid is much lower than all the other bids
the buyer likely should know there was an error in the low bid and will not be allowed to take advantage of the unilateral mistake
82
If a “time is of the essence” clause has been negotiated, failure to perform by the specified date is
a material breach
83
In a construction contract where construction has started but not completed, and the buyer backs out, the Builder is entitled to recover
profits and expenses
84
If the builder walks off the job
he gets nothing. He is the party in breach
85
Under the UCC, What is the effect on each merchant If within a reasonable time after entering into agreement one merchant sends to another merchant a written confirmation of that oral agreement
- the sending merchant is immediately bound
- the receiving merchant will be bound if they do not object to the writing within 10 days
86
Under Modern common law, when is modification of a contract allowed
If a modification is
1. fair and equitable; and
2. would not have been known of at the time of formation
3. the modification will be allowed even without additional consideration
87
Modification of a contract under traditional common law
the pre-existing duty rule that requires new consideration for contract modifications
88
True or False; all contracts are assumed to be assignable and delegatable unless otherwise stated in the contract
generally true
89
2 exceptions for when a contract is not assignable or delegable
unique personal service contract
long term requirement contract.
90
Can assignments be oral
yes
91
when are gratuitous assignments revocable
when there is no evidence of reliance
92
assignments for value are
irrevocable
93
does an accord have to be equal in value to the original agreement?
no
94
If a monetary claim is uncertain or subject to a bona fide dispute, and
1. the buyer writes a check to the seller
2. for a partial amount
3. Includes "payment in full" in the memo line
4. The seller cashes the check
What happens?
There has been an accord and satisfaction and the Seller cannot recover any more money from the buyer.
An accord and satisfaction may be accomplished by a good faith tender and acceptance of a check when that check (or an accompanying document) conspicuously states that the check is tendered in full satisfaction of the debt.
95
The buyer of goods may obtain specific performance where the seller refuses to deliver goods if . . .
the goods are unique or circumstances are otherwise proper.
** Watch for terms like "only" or "best" describing the good
95
If X makes a promise to forbear suit on a claim that he honestly and reasonably believes to be valid in return for some action of Y, and the suit turns out to be invalid will Y still be obligated to perform under the agreement?
YES... Modern courts would hold that a promise to forbear suit on a claim that the promisor honestly and reasonably believes to be valid is good consideration to support an agreement, even if the claim ultimately turns out not to be valid.
96
intent requirement for attempt
specific intent
97
The burden of proving an affirmative defense in the criminal context may be placed upon
the criminal defendant
98
Charring = ______
Blackening = _________
Charring = Arson
Blackening = attempted arson
99
Can Miranda defective statements be used for impeachment
yes (prior inconsistent statement)
100
The burden of going forward with evidence
the burden of producing sufficient evidence to create a fact question of the issue involved.
If a plaintiff makes out a prima facie case, he has met his burden of going forward with the evidence and the burden shifts to the defendant.
101
Can a defendant co-felon be found guilty of murder if their co-felon died from resistance by the victim or police pursuit?
No. criminal liability for murder cannot be based on the death of a co-felon from resistance by the victim or police pursuit.
102
Can you be convicted of conspiracy if the co-conspirator is actually an undercover cop?
no
103
If police have a search warrant to search a bar, can they also search all the patrons in the bar?
A search warrant does not authorize the police to search persons found on the premises who are not named in the warrant. Each patron of the tavern has an individual right to be free of unreasonable searches, and presence at a location subject to search does not negate the requirement of probable cause to search the person present.
104
When does the best evidence rule apply?
when a person is testifying and there sole knowledge is based on a writing or if a writing is central to the case
105
statements made in present/future tense about plans in the future fall under what hearsay exception?
"the present state of mind" hearsay exception.
106
If a prior inconsistent statement was made in a deposition, it comes into evidence in what way
impeachment and substantive evidence
107
Can the police officer who administered a prior line up testify to the identification made under the "prior identification" hearsay exception
No. While a prior identification is generally admissible as an exception to hearsay, it has to be the witness who made the prior identification on the stand
108
Must you enter into evidence everything an expert witnesses testimony is based upon so that she may be cross examined with it
no. An expert witness may base her opinion on facts not in evidence that were supplied to her out of court, and that are of a type reasonably relied upon by experts in that particular field in forming opinions on the subject
109
Common ways to get hearsay in to court
effect upon the listener
present sense impression
present state of mind
statement against interest
deceleration of present physical sensation
110
A grand jury statement is admissible as what
impeachment evidence and as substantive evidence
111
The statement against interest exception to the hearsay rule requires that the declarant be
unavailable
112
When a witness states that he has insufficient recollection of an event to enable him to testify fully and accurately, even after he has consulted a memorandum or other record given to him on the stand, what happens
the record itself may be read into evidence if a proper foundation is laid for its admissibility.
113
Does a statement based on suspicion rather than actual knowledge constitute a statement concerning the cause or circumstances of an "impending death" for purposes of the dying declarations exception.
no
114
True or False: Statements in a document affecting an interest in property are admissible if they are relevant to the purpose of the document.
true
115
Covenants in a general warranty deed
Present covenants → Season + Conveyance + Against encumbrances (enforceable by buyer at the time of conveyance)
Future covenants → quiet enjoyment + warranty + further assurances (enforceable of all future owners)
116
May A junior mortgagee, before a foreclosure sale, pay off the senior mortgagee in order to protect their interest ?
Yes, happens when junior mortgagee afraid property will sale for less than market value and need to protect their investment in the land
117
what is a "profit" in land
nonpossessory interest in land that allows the profit holder entrance on the land in order ro remove minerals, timber, etc from the land.
118
A profit in gross
can be transferred independent of the transfer of the dominant estate
119
A profit in appurtenant
benefits the dominant estate (cannot independently transfer the property from the dominant estate.
120
If a buyer takes subject to a mortgage
buyer is not responsible for the mortgage at all
121
Who is liable for unpaid rent?
Person in privity of contract and person in privity of possession are Jointly and severally liable for unpaid rent
122
If a seller deliberately hides or conceals conditions and defects on the property
a seller will be liable
123
If a party enters into a valid land sale agreement and then dies, can their estate demand specific performance
yes
124
If in a will, If one party gets the real property and another party gets the money, and a valid contract for the purchase of land is pending, what happens
the party with the money has to pay under the contract to the benefit of the party that gets the real property
125
the physical description of the land takes priority over the quantity description in the deed. If there is a small variance in the quantity of the acreage between the physical description and the quantity description is the deed valid?
yes, A small variance in the quantity of the average between the physical description and the quantity description will not invalidate the deed for indefiniteness.
126
Are judgement leans protected by recording statutes
no
127
May one use deadly force to protect unoccupied property?
No
**electric company that left the gate electrified even though the building was unoccupied was liable
128
intrusion upon a person's seclusion
can be proved by showing an act of intrusion upon the seclusion of the plaintiff that would be highly offensive to a reasonable person, where the thing intruded upon is private
**includes recording someone's therapy session without permission
129
Is humiliation actionable in a false imprisonment case
yes
130
Will an owner be held strictly liable for injuries incurred while fleeing from a wild animal
yes
131
professionals are held to
a higher standard of care (reasonable professional under the circumstances)
132
trespass to land requires
intent (so an answer referencing intent is a better answer)
133
For Negligent infliction of emotional distress you must show harm/damages. Only Two exceptions:
1) mishandling of a corpse and 2) false report of a death.
134
True or False; For a claim based on a theory of strict liability, in a contributory negligence jurisdiction, an individual will not be barred from recovery because of ordinary negligence
True, ordinary negligence does not bar a SL claim even in a contributory negligence jurisdiction
135
In a wrongful injury tort case, may a guardian’s failure to seek medical treatment for the victim be imputed to the victim?
No. A guardians failure to seek medical treatment does not constitute failure to mitigate injury on the part of the victim
136
To establish a prima facie case for interference with business relations, the following elements must be proved:
(i) existence of a valid contractual relationship between plaintiff and a third party or a valid business expectancy of plaintiff;
(ii) defendant's knowledge of the relationship or expectancy;
(iii) intentional interference by defendant that induces a breach or termination of the relationship or expectancy; and
(iv) damage to plaintiff.
137
The buyer of goods may obtain specific performance where the seller refuses to deliver goods if . . .
the goods are unique or circumstances are otherwise proper.
** Watch for terms like "only" or "best" describing the good
138
What is the minimum age for holding a child responsible for their torts?
No minimum age. If you can prove intent, the child can be held liable.
139
Elements of depraved heart murder
1. Reckless or grossly negligent conduct;
2. That creates an extreme risk to others; and
3. Demonstrates a wanton indifference to human life
140
What are the 4 mental states that fall under malice aforethought for homicide? (i.e. murder)
Intent to kill;
Intent to inflict grievous bodily harm;
Reckless disregard for human life; or
Intent to commit a felony (BARRK)
141
The buyer of goods may obtain specific performance where the seller refuses to deliver goods if . . .
the goods are unique or circumstances are otherwise proper.
** Watch for terms like "only" or "best" describing the good
142
What is the time limit to file a motion for relief from judgment to correct clerical mistakes?
no time limit and the court order correcting the error dates back to the time judgment was entered
143
If a party wishes to have their case removed to federal court, in which federal court do they file a notice of removal?
The federal removal statute provides that the notice of removal should be filed in the federal district court for the district that geographically encompasses the state court from which the action is being removed.
144
Under the Due Process Clause of the Fifth Amendment, a person has a liberty interest in the exercise of specific rights provided by the Constitution, if a person is fired from a government position for speech she is entitled to ___
a hearing to contest the grounds for dismissal because she has a liberty interest in exercising her freedom of speech.
If a government employer seeks to fire an employee for speech-related conduct when the speech involved a matter of public concern but is not made pursuant to her official duties, the courts must carefully balance the employee's rights as a citizen to comment on a matter of public concern against the government's interest as an employer in the efficient performance of public service.
145
The federal interpleader act
interpleader can be brought if any two claimants are citizens of different states and the amount in controversy is $500 or more.
* A type of statutory interpleader--
146
Can the right to redemption be waived in a mortgage agreement?
No
147
The statutory right to redemption provides the defaulting party the opportunity to redeem _____
after the foreclosure sale for the for closure price
148
May congress regulate the Supreme courts appellate jurisdiction?
Yes, Article III of the Constitution explicitly states that the Supreme Court's appellate jurisdiction is subject to such exceptions and regulations as Congress shall make.
149
If a TRO is extended due to the inability to schedule a hearing, is the TRO appealable?
Yes, because the extension makes the TRO equivalent to a preliminary injunction
150
Standard for impossiblility and impractibility in contract law
The occurrence of an unanticipated or extraordinary event may make contractual duties impossible or impracticable to perform. Where the nonoccurrence of the event was a basic assumption of the parties in making the contract and neither party has expressly or impliedly assumed the risk of the event occurring, contractual duties may be discharged.
151
If an individual cannot preform under a contract because of a sudden illness, will he still be bound by the contract
no, due to impossibility/impracticability
152
If the constitutional right to parent is in question, what is the standard used?
necessary to serve a compelling state interest
153
What do you do if a motion for summary judgement is filed before discovery begins?
If the nonmovant shows by affidavit or declaration that he cannot present facts essential to justify his opposition to the summary judgment motion, Rule 56(d) authorizes him to ask the court to defer action or deny the motion to allow time to obtain affidavits or declarations or to take discovery.
154
is there a fundamental right to travel?
yes
155
If a state program requires someone be a resident of the state for more than 1 year to benefit, that program likley ...
infringes on the fundamental right to travel
156
If you wish to deed property to a person but pass the rest of your property in a will, that deed must be delivered when?
before the death of the testator
157
non mutual issue preclusion
the exercise of issue preclusion (a/k/a/ collateral estoppel) by a person who was not a party to the prior litigation
158
May parties in a civil trial stipulate to a verdict from a jury of less than 6 jurrors?
Yes if;
1. The jury was composed of at least six jurors at the beginning of the trial.
2. If the number drops below six (for example, as here, when jurors became ill), a mistrial results, unless the parties agree to a lesser number of jurors.
3. If the parties stipulated to fewer jurors, the issue is waived.
159
May a plaintiff remove a state claim to federal court?
NO and on motion by the defendant the court must remand the entire case because of this defect
160
If a contract says that "the contract may not be assigned" may any of the contractual duties be delegated without breach?
no, the provision against assignments prevents delegations
161
is a contract still binding if one of the parties dies?
yes, as long as there was an offer and an acceptance before the death
**due not confuse with the effect of a principals death on an agent
162
If an employment contract is breached, what does the plaintiffs duty to mitigate damages entail?
Finding similar employment in the same locale.
Do not have to take a different type of work at a significantly lower salary
163
voluntarily dismissing a claim for the second time will act as
an adjudication on the merits
164
does the implied warranty of habitability apply to a builder who has sold a home to a buyer?
yes
165
If a motion to dismiss for lack of personal jurisdiction is denied, is the dismissal appealable?
no, this is not a final decision and may not be appealed.
166
is a subleaser who pays rent to the tenant in privity of estate or contract with the landlord?
no. So the landlord cannot sue the subleaser for failure to pay rent
167
If an area is rezoned as residential and a business already exists in the area, what happens to the business?
a use that exists at the time of passage of a zoning ordinance and that does not conform cannot be eliminated at once. Generally, the nonconforming use may continue indefinitely, but any change in the use must comply with the zoning ordinance
168
Requirements for a court to find an abnormally dangerous use
(i) the activity must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors; and
(ii) the activity is not a matter of common usage in the community.
169
can title gained by adverse possession be passed through intestacy or by will
Yes, even if no action to quiet title has been brought yet.
170
Can a president nullify a state law pursuant to a treaty made with a foreign country?
yes. The U.S. Constitution, federal laws, and treaties are the supreme law of the land; state laws that are in conflict with the supreme law are invalid.
171
recordation of a notarized deed is ____________ evidence of delivery.
prima facie
172
If a deed is given for security purposes rather than as an outright transfer of the property, what is the effect
it will be treated as an "equitable" mortgage and the creditor will be required to foreclose it by judicial action like any other mortgage.
173
If land is taken by eminent domain, is an individual with a nonexhaustive profit entitled to compensation?
yes
174
when does a judgement become enforceable
30 days after entry
175
is a state statute requiring foregin products be labeled with their country of origin valid?
no. Invalid under the commerce clause
176
what are the exceptions to the statute of frauds
SWAP
specialty goods
written confirmation by a merchant
admission in court
performance
