Monday MBE Deck Flashcards
First 25 MBE cards Monday 7/19
Article __, Section __ gives Congress the power to make rules and regulate the territory and property belonging to the U.S.
Article IV, Section 3 gives Congress the power to make rules and regulate the territory and property belonging to the U.S.
Unless a contract specifies that it can be accepted only by performance (i.e., a __________ contract), it can be accepted either by the offeree’s __________________ or by ___________________________.
Unless a contract specifies that it can be accepted only by performance (i.e., a unilateral contract), it can be accepted either by the offeree’s promise to perform or by the offeree’s beginning performance of the contract.
For a party to a contract to show fraudulent misrepresentation, she must show that 1)_______, 2) __________, and 3) _____________.
For a party to a contract to show fraudulent misrepresentation, she must show that 1) the misrepresentation was fraudulent, 2) the misrepresentation induced her assent to the contract, and 3) she justifiably relied on the misrepresentation.
For a misrepresentation to be fraudulent, it must be 1) a __________________ that the speaker ______________, or that the speaker made ________________, 2) ___________________.
For a misrepresentation to be fraudulent, it must be 1) a false assertion of fact that the speaker knows is false, or that the speaker made recklessly without knowledge of the truth, 2) intended to mislead the other party.
When a dispute involves the existence of an equitable interest in land, the general conflict-of-laws rule is that the law applied by the forum court should be determined by ____________________.
When a dispute involves the existence of an equitable interest in land, the general conflict-of-laws rule is that the law applied by the forum court should be determined by the conflict-of-laws rule that would be applied by the state where the property is located.
The (lapse or anti-lapse) rule is the default rule unless the (lapse or anti-lapse) statute applies.
The lapse rule is the default rule unless the anti-lapse statute applies.
A defendant is liable for _________ or _______ acting with _______________________ that causes the plaintiff severe emotional distress. A defendant may be liable to a third-party victim if he ____________ or __________________ causes severe emotional distress to a bystander who is not a member of the victim’s immediate family but who ________________________.
A defendant is liable for intentionally or recklessly acting with extreme and outrageous conduct that causes the plaintiff severe emotional distress. A defendant may be liable to a third-party victim if he intentionally or recklessly causes severe emotional distress to a bystander who is not a member of the victim’s immediate family but who contemporaneously perceives the conduct, if the distress results in bodily injury.
Under pure several liability, each tortfeasor is liable for _______________________________.
Under pure several liability, each tortfeasor is liable for only his proportionate share of the plaintiff’s damages.
To show that res ipsa loquitor applies, the plaintiff must show that the event that caused the harm was 1) ____________, and 2) _______________.
To show that res ipsa loquitor applies, the plaintiff must show that the event that caused the harm was 1) of a kind that does not usually occur in the absence of negligence, and 2) caused by an agent or instrumentality within the defendant’s exclusive control.
A plaintiff may generally recover for negligent infliction of emotional distress under three theories: 1)______________, 2) _________, and 3) ____________.
A plaintiff may generally recover for negligent infliction of emotional distress under three theories: 1) the plaintiff was within the zone of danger, 2) bystander recovery, and 3) there is a special relationship between the plaintiff and defendant.
Under _______ liability, when there is more than one defendant tied to the damages stemming from a tortious act, each party is liable for the full extent of damages.
Under joint and several liability, when there is more than one defendant tied to the damages stemming from a tortious act, each party is liable for the full extent of damages.
Under joint and several liability, when there is more than one defendant tied to the damages stemming from a tortious act, each party is liable for _____________________.
Under joint and several liability, when there is more than one defendant tied to the damages stemming from a tortious act, each party is liable for the full extent of damages.
In a ____________ jurisdiction, the plaintiff cannot recover damages if his own negligence contributed to his injury unless the defendant was engaged in willful and wanton misconduct or the defendant had the last clear chance to avoid injuring the plaintiff, but failed to do so.
In a contributory negligence jurisdiction, the plaintiff cannot recover damages if his own negligence contributed to his injury unless the defendant was engaged in willful and wanton misconduct or the defendant had the last clear chance to avoid injuring the plaintiff, but failed to do so.
In a contributory negligence jurisdiction, the plaintiff _____ recover damages if his own negligence contributed to his injury unless ______________ or __________________.
In a contributory negligence jurisdiction, the plaintiff cannot recover damages if his own negligence contributed to his injury unless the defendant was engaged in willful and wanton misconduct or the defendant had the last clear chance to avoid injuring the plaintiff, but failed to do so.
In a ________________ jurisdiction, the plaintiff’s recovery is limited by the percentage of fault the jury attributes to the plaintiff’s own negligence (e.g., if the jury finds the plaintiff 95% at fault, the plaintiff may still recover 5% of her damages).
In a pure comparative negligence jurisdiction, the plaintiff’s recovery is limited by the percentage of fault the jury attributes to the plaintiff’s own negligence (e.g., if the jury finds the plaintiff 95% at fault, the plaintiff may still recover 5% of her damages).
