Multiple Choice Review

Question 1

When must a party object to proposed jury instructions? What happens if they don’t?

Answer 1

Before the jury retires

waives the claim on appeal

Question 2

Does a jurisdiction have jurisdiction over a subsidiary if it has jurisdiction over the subsidiary’s parent company?

Answer 2

No

Question 3

Who is the ONLY PARTY who can file for removal?

Answer 3

the defendant; plaintiffs cannot

Question 4

If a plaintiff voluntarily dismisses (before D files an answer or SJ) once, and then does it again in any federal court in an action based on or including the same claim, what happens?

Answer 4

It functions as an adjudication on the merits and means that the plaintiff may never bring the case to court again

Question 5

How many days is a defendant who has appeared but not answered entitled to notice-wise before an entry of default judgment by the court ?

Answer 5

7 days

Question 6

What kind of order is reviewable on appeal? is a DC court’s determination that they have jurisdiction this kind of order?

Answer 6

Final orders (one that disposes of the whole case on its merits); No

Question 7

what standard of review is used by appellate courts when reviewing a judge’s findings of fact?

Answer 7

clearly erroneous

Question 8

Can congress regulate and limit the Supreme Court’s Appellate jurisdiction?

Answer 8

yes, part of article 3

Question 9

What must happen if Congress passes legislation to monitor a federal agency?

Answer 9

must be voted on by both houses and presented to the president

Question 10

May state tax a federal instrumentality?

Answer 10

not without consent of congress

Question 11

what is the phrasing of strict scrutiny?

Answer 11

the law must be necessary to serve a compelling state interest

Question 12

what is the standard for gov’t restriction of speech in public forum?

Answer 12

Must be:
(1) content neutral
(2) narrowly tailored; and
(3) leave open alternate channels of communication

Question 13

rational basis phrasing (and burden of persuasion)

Answer 13

burden on challenging party
“no rational relationship between the ordinance and any legitimate state interest”

Question 14

Exceptions to the ban on past consideration:

Answer 14

(1) new promise to pay a debt barred by the SoL
(2) material benefit conferred and not intended as a gift, and the other promises to pay for it
(3) when the past consideration was performed at the request of the other party
(4) promissory estoppel
(5) voidable obligations

Question 15

When does nondisclosure make a contract voidable?

Answer 15

when it is fraudulent or material, makes K voidable for misrepresentation

Question 16

Elements for attempt

Answer 16

(1) substantial step more than mere prep towards commission
(2) specific intent for the intended crime (doesn’t transfer to a different crime committed)

Question 17

What is required for a D’s waiver of right to counsel to be effective under 6th amendment?

Answer 17

must be done knowingly and intelligently (must have rational and factual understanding of the proceedings against him)

Question 18

How many rental units do you have to have to be subject to the Fair Housing Act?

Answer 18

The FHA generally doesn’t apply to owner-occupied buildings with four or fewer units, especially if the owner lives in one of them

Question 19

What does FHA do?

Answer 19

illegal to refuse to rent to tenants based on race or gender
no one can state a race or gender preference in an advertisement for tenancy

Question 20

When can an equitable servitude (court created when elements of covenant are not met) be enforced?

Answer 20

(1) Writing
(2) Intent for restriction to be enforced by and against successors
(3) Touch and concern land
(4) Notice requirement (if purchaser)

Question 21

How does a race notice statute work?

Answer 21

a subsequent bone fide purchaser for value is protected only if they record before the prior grantee, without notice of the prior instrument

Question 22

Will intent transfer if the original intent was lawful? (but became a battery, for example)

Answer 22

no