Mixed

Question 1

Option Contract

Answer 1

An option contract is a type of contract that protects an offeree from an offeror’s ability to revoke their offer to engage in a contract. Under the common law, consideration for the option contract is required as it is still a form of contract

Question 2

Nondisclosure of a fact is the equivalent of a misrepresentation when

Answer 2

a person knows that disclosure of the fact is necessary to prevent some previous assertion from being a misrepresentation

Question 3

Easement appurtenant

Answer 3

granted to land that is the dominant estate by the servient estate

Question 4

Easement in gross

Answer 4

granted to someone in their personal capacity

Question 5

Agreeing to a nonunanimous jury is allowed?

Answer 5

Yes permitted if parties stipulate

Question 6

Can a person be privileged to use reasonable force to protect someone else?

Answer 6

Yes person is privileged to use reasonable force to protect another person against imminent harm including self inflicted harm

Question 7

State licensing requirements receive rational basis scrutiny because

Answer 7

it neither burdens a fundamental individual right nor creates a constitutional suspect classification

Question 8

Tenants in common…are they personally liable on a mortgage?

Answer 8

No but their failure to pay could result in foreclosure.

Question 9

To avoid foreclosure…tenants in common must

Answer 9

must make foreclosure payments to the bank and as co-tenants. Each is responsible for his or her own share of mortgage payments and thus can recover amount owed by other tenant if one pays more than their pro rata share.

Question 10

Erie define

Answer 10

Court is to apply whatever law would be applied by the court of the state in which the federal court sits.

Question 11

Does law enforcement have the right to test and score DNA profiles in govt databases and then compare them to unsolved crime scene samples?

Answer 11

Yes.

Question 12

If a written agreement fails to include a term of the agreement due to BOTH parties’ mistake, the writing…

Answer 12

may be reformed to express the actual agreement

Question 13

A restrictive covenant makes title….

Answer 13

unmarketable

Question 14

When a valid FRCP is valid and on point…

Answer 14

It controls over a conflicting state rule

Question 15

Does outcome determinative test apply when fed law comes from valid and on point fed rule?

Answer 15

NO

Question 16

Does outcome determinative test apply when a state rule conflicts with a judge made fed practice?

Answer 16

Yes apply it.

Question 17

At Common Law, modification of a contract requires…

Answer 17

mutual assent and consideration

Question 18

Is a separate note assigning the mortgage to the assignee necessary when there is already a note transfering the mortgage?

Answer 18

NO not necessary.

Question 19

Can states issue habeas writs?

Answer 19

NO. Supremacy clause comes in. States are prohibited from interfering with federal detention by issuing habeas writs.

Question 20

Can a supplemental claim stay in federal court if the original (div/fedq) claim is dismissed?

Answer 20

Yes, it may stay at the discretion of the court.

Question 21

An inadvertent disclosure will NOT operate as a waiver of the attorney client privilege IF:

Answer 21

the holder of the privilege “promptly takes reasonable steps to rectify the error”

Question 22

Is salary a material term in CL contracts?

Answer 22

YES it is. it must be in the K or else it is too indefinite and thus void.

Question 23

Interbranch disputes involving foreign affairs are NOT subject to political question when:

Answer 23

they concern the validity of federal statute

Question 24

Embezzlement amount stolen is

Answer 24

the value of the property at the time of commission of offense

Question 25

Implied in fact contract is where

Answer 25

the mutual promises are inferred from conduct

Question 26

Conversion occurs when:

Answer 26

An actor intentionally interacts with an item that is the personal property of another so as to permanently deprive the other of possession. This is true regardless of whether the actor knows that item is in another’s possession.

Question 27

Transfers to a different federal court are granted:

Answer 27

In the interest of justice and for the convenience of the parties and witnesses

Question 28

Can congress play any role in the removal of executive officers?

Answer 28

No. Not at all.

Question 29

Can congress remove certain types of federal officials?

Answer 29

Yes! Just as long as they are not executive officers.

Question 30

Can lay witnesses speak on causation?

Answer 30

Generally no. Cannot give opinion on the cause of an accident. They are not qualified to do so.

Question 31

Can an expert witness have personal interest in the outcome of an action and still testify?

Answer 31

Yes they can.

Question 32

When can courts deny leave to amend?

Answer 32

When the claim to be added is futile (incapable of producing any useful result).

Question 33

Are commissioners officers of the US?

Answer 33

Yes. They exercise significant legal authority and thus commissioners are officers of the US and must be appointed by president with the advise and consent of senate.

Question 34

An accessory-after-the-fact is someone who:

Answer 34

assists 1) someone who has committed a crime, 2) after the person has committed the crime, 3) with knowledge that the person committed the crime, and 4) with the intent to help the person avoid arrest or punishment.

Question 35

Standard of authentication

Answer 35

the production of evidence is sufficient to support a finding that the evidence is what the proponent claims it to be

Question 36

Does double jeopardy attach in grand jury proceedings?

Answer 36

NO

Question 37

What is the standard for the partial judgment rule?

Answer 37

the court may direct entry of final judgment as to one or more but fewer than all claims or parties ONLY IF the court expressly determines that there is NO JUST REASON for delay.

Question 38

What are examples of a “just reason” for delay of a partial final judgment?

Answer 38

hardship, undue burden,

Question 39

Are state statutes of limitations controlling in federal diversity actions?

Answer 39

Yes. They are outcome determinitive

Question 40

Can court relieve party from final judgment or order based on newly discovered evidence?

Answer 40

Yes. Newly discovered evidence that by due diligence could not have been discovered in time to move for a new trial. The motion must be made within a reasonable time not to exceed one year.

Question 41

Define remittitur

Answer 41

federal judge believes jury damages award is too high such that it “shocks the conscience” or in a diversity case, if the award meets the applicable state standard for excessiveness.

Question 42

Under CL, modification is binding if

Answer 42

“the modification is fair and equitable in view of the circumstances not anticipated by the parties when K was made”

Question 43

Fraud in the execution of a deed is the equivalent of

Answer 43

a forged deed and thus is void

Question 44

Are bona fide purchasers protected from forged deeds?

Answer 44

NO.

Question 45

What is more serious crime: battery or assault?

Answer 45

Battery

Question 46

What do you need to prove IIED

Answer 46

D intended to cause severe emotional distress and the D’s conduct was extreme and outrageous

Question 47

If action includes claims based on federal law and state law and if those claims involve overlapping facts and evidence

Answer 47

typically the court will not enter a final judgdment under FRCP on the claim that has been resolved to avoid duplication of efforts in teh appellate and trial courts.