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1
Q

In the Model Penal Code and Majority Jxs- how many parties are required for conspiracy

A

1 party

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2
Q

Can states enter agreements with each other without permission of fed government

A

Yes but if the agreement INCREASES the states’ political power then they need Congress’s consent

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3
Q

Can the feds prosecute you for an offense after a state has prosecuted you for the same offense?

A

Yes

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4
Q

What level of scrutiny for a state law that discriminates against NON-Citizens

A

strict scrutiny

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5
Q

If summons is served at your home, who can it be given to

A

It can be left with resident of suitable age and discretion- a 16 yo is fine

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6
Q

What level of scrutiny for a FEDERAL law that discriminates against non-citizens?

A

Rational basis

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7
Q

is social host liability for giving alcohol to someone visibly intoxicated recognized by common law?

A

NO- there is no social host liability in common law

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8
Q

Is a threat to damage or destroy property enough for “FEAR” for robbery

A

NO

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9
Q

If you have an IQ below 70 at the time of the offense, are you eligible for the death penalty

A

NO

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10
Q

if you are mentally incompetent at the time of execution, can you be given the death penalty

A

NO

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11
Q

IN the sentencing phase of a death penalty case, do you need to include ANY relevant , mitigating evidence

A

YES

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12
Q

Can you give life in prison without parole for a kid for a non-homicide case

A

YES but it can’t be automatic- need a hearing with mitigating circumstances

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13
Q

If the facts mention bombing, terrorism or poisoning leading to death, think…

A

1st degree murder- even if the intent was just to scare

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14
Q

what level of homicide requires a cool mind capable of reflection?

A

1st degree murder

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15
Q

2 key requirements of voluntary manslaughter

A

1) heat of passion and
2) acting with adequate provoation- provocation that would cause a reasonable person to lose control

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16
Q

felonies for felony murder must be done…

A

in furtherance of the felony. I.e burglary, arson, kidnapping, robbery

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17
Q

Can the prosecution appeal a jury’s acquittal

A

no

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18
Q

For a suit against a federal officer or federal employee (acting in their official capacity), where is venue appropriate?

A

where any D resides, or where P lives if no real property is involved, or where event occurred

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19
Q

Can police test a substance to determine if it is a drug without a warrant

A

YES

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20
Q

for jury instructions, what type are allowed if the presumption is RATIONAL

A

Permissive (MAY infer) instructions are allowed if the presumption is rational

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21
Q

iF the acquittal was due to a mistake of fact or law, an the D be retried?

A

NO

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22
Q

If police have arrested the D and put him in their police car, can they then search the vehicle- under search incident to arrest

A

NO

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23
Q

Can you strike jurors under Batson for bizarre or nonsensical reasons?

A

Yes, it just has to be non-discriminatory, it does not need to be plausible or reasonable reasons

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24
Q

Can someone suspected of DUI be made to give a breath sample? What about blood?

A

Breath yes-
Blood requires warrant

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25
Q

For the Crime of forgery, the document must have ___ significance

A

LEGAL significance

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26
Q

elements of larceny by false pretenses

A

1) made false representation of material fact
2) your false representations caused someone to pass title to you
3) you acted with knowledge of falsity
4) you acted with intent to defraud

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27
Q

A defendant acts knowingly if they…(in regard to a fact)

A

are aware of a high probability of a fact’s existence and deliberately avoid learning the truth

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28
Q

define recklessness

A

D consciously disregards an unreasonable and high risk of death

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29
Q

Can the Govt place the burden of an affirmative defense on the defendant

A

Yes

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30
Q

for false imprisonment- a person must be ___ of the confinement or ___ by it

A

Conscious of the confinement OR harmed by it

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31
Q

Can exacerbation of injury or illness count as PHYSICAL HARM?

A

Yes

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32
Q

when is a rescuer liable

A

If the rescuer negligently worsens a victim’s condition

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33
Q

what is the shelter rule

A

If you take from someone who was a BFV without notice an even if YOU HAVE NOTICE of easement, you are protected under shelter rule

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34
Q

Words indicating fee simple determinable

A

UNTIL
So long as
during
while

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35
Q

will courts consider expert reports in deciding summary judgement

A

No bc not signed under oath

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36
Q

for school officials to search a kid on school grounds, what do they need?

A

reaonable suspicion that the student violated the law.

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37
Q

For school officials to conduct a search AT THE DIRECTION OF POLICE, what do they need

A

A warrant based on probable cause or exception to warrant requirement

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38
Q

Do jailhouse confessions to fellow inmates implicate Miranda?

A

No

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39
Q

When has a person been seized

A

if in light of all circumstances, a reqonsable person would have believed he was not free to leave

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40
Q

Can police detain someone for a brief time and ask them questions

A

Yes, under Terry stop- with reasonable suspicion that the person was recently involved in criminal activity

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41
Q

two prongs to determine if a confession is voluntary

A

1) was there coercion
2) did it overcome the will of the suspect

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42
Q

Under Younger Abstention Doctrine, what should the Fed ct abstain from hearing cases about

A

Pending state court criminal matters

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43
Q

Does habit evidence need to be corroborated

A

no

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44
Q

Can wait evidence be proved with specific instances of conduct or opinion testimony

A

Yes

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45
Q

When can you admit evidence of a defendant’s truthfulness

A

Only if their truthfulness is questioned

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46
Q

Evidence of ACCEPTED PLEAS or statements made during negotiations that resulted in accepted please are _____ against defendant in civil or criminal court

A

ADMISSIBLE

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47
Q

Can an expert witness state an opinion without first stating the basis for that opinion

A

Yes

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48
Q

For pure comparative jurisdiction and joint and several liability, what is one defendant on the hook for?

A

EVERYTHING minus what the Plaintiff caused.

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49
Q

when can you impeach with a prior conviction

A

1) if the crime was a felony punishable by death or MORE than 1 year in prison
2)OR if the crime involved a dishonest act or false statement

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50
Q

When impeaching with a prior felony conviction or crime involving dishonest act or false statement, can you introduce a record of the conviction?

A

YES

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51
Q

Can you always impeach with a crime involving a dishonest act

A

YES always

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52
Q

if the conviction is greater than 10 years old, how is it admissible?

A

only if the probative value substantially outweighs the prejudicial effect

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53
Q

is the court taking judicial notice of a fact mandatory for the court?

A

YES

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54
Q

is taking judicial notice mandatory for the jury?

A

NO- the jury may or may not accept the fact as conclusive

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55
Q

In cross examination, can a party use specific instances to challenge truthfulness of a witness or someone’s testimony?

A

YES but they can NOT use EXTRINSIC EVIDENCE to prove something

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56
Q

Under federal law is there a doctor patient privilege

A

NO

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57
Q

Under most state laws’ doctor/patient privilege, who can assert the privilege?

A

The patient

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58
Q

Can you impeach a witness with reputation and opinion evidence about their character for truthfulness

A

YES

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59
Q

explain the diff between spousal testimonial privilege and marital communication privilege

A

Spousal testimonial- criminal cases only. 1 spouse can refuse to testify against other

Marital communication privilege- applies in CIVIL AND CRIMINAL CASES. either spouse can invoke to prevent other spouse from testifying about communication that occurred when married. Survives the marriage

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60
Q

are offers to pay medical expenses ever admissible

A

NO

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61
Q

in what circumstance are offers to compromise, ie paying off a victim, barred from admission

A

ONLY IF THEY ARE MADE in response to a lawsuit/pending lawsuit. I.e so if guy rapes woman and immediately says, I’ll give you $1000 to forget about it, that is admissible b/c she hasn’t filed suit.

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62
Q

How to start an evidence essay

A

Evidence is relevant if it makes any fact more or less probable than without it. Relevant evidence is admissible unless another rule makes it inadmissible.

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63
Q

A lay witness can offer an opinion only if

A

1) it is based on their perception of what happened
2) it helps determine a fact at issue
3) it is not based on scientific, technical or other specialized knowledge

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64
Q

Can the government challenge the sincerity or reasonableness of someone’s religious beliefs?

A

JUST the SINCERITY

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65
Q

Can the govt be compelled to disclose the identity of a confidential informant

A

No

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66
Q

can the govt be compelled to disclose the contents of a confidential informant’s communication?

A

YES

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67
Q

if you make an honest, reasonable mistake (i.e thinking a gun is an unloaded prop on a movie set), would that negate the mens rea for involuntary manslaughter/

A

yes

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68
Q

if the holder of a remainder interest on a property pays taxes or mortgage interest, are they entitled to reimbursement from the life tenant?

A

Yes

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69
Q

obligations of the life tenant in regards to a property

A

= pay property taxes and mortgage, make reasonable repairs, avoid waste

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70
Q

does a counterclaim have to meet the amount in controversy

A

NO

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71
Q

is a sex crime/felony generally admissible to impeach a witness

A

No - usually more prejudicial than probative.

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72
Q

When can you impeach with a prior felony that is over 10 yrs old

A

If the probative value substantially outweighs the danger of unfair prejudice

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73
Q

can you impeach with a misdemeanor involving perjury?

A

Yes, convictions involving false statements are always admissible

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74
Q

if you want to use evidence of the defendant’s previous sexual assaults, what must you do?

A

let the defendant know at least 15 days prior to trial that you are using the evidence

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75
Q

For hearsay essay questions, how to start

A

always start with 1) relevance then 2) hearsay definition and exception

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76
Q

when can a tenant remove trade fixtures

A

if removal will not harm the property and items are removed before or within reasonable time after lease ends

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77
Q

if you see a hearsay statement and the hearsay is a QUESTION

A

questions are NOT out of court STATEMENTS FOR HEARSAY

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78
Q

Can a license be created orally?

A

Yes

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79
Q

how do licenses terminate

A

revokable at any time= can be orally. Also terminate automatically at the death of either party or conveyance of servant estate

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80
Q
A
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81
Q

The mirror image rule that acceptance must exactly mirror the offer is only for what type of contracts

A

Service

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82
Q

In common law-service contracts-any modifications/changes to the contract require _____

A

New consideration. Unless it is fair and equitable in light of new developments both partyies didnt forsee

83
Q

In UCC sale of goods, changes to the contract require__—-‘xx

A

Good faith. No new consideration required

84
Q

If one or both parties are NoT merchants and they are adding NEW terms to a sale of goods contract

A

New or additional terms become part of contract ONLY IF OFFERoR AGREES

85
Q

If both parties are NOT merchants and there are different terms to the sale of goods contract

A

The different terms become part of contract ONLY IF OFFEROR AGREES

86
Q

IF BOTH PARTIES ARE MERCHANTS, and there are new or additional terms to sale of goods contract

A

New-additional terms AUTOMATICALLY go into contract unless
1) they materially change the contract (i.e forum selection clause, waivers of warranties, limitations of remedies)
2) offeror objects in reasonable time
3) offer expressly limits acceptance

87
Q

IF BOTH PARTIES ARE MERCHANTS and there are different terms in sale of goods contract

A

Diff terms get knocked out and replaced by UCC gap fillers

88
Q

For common law service contact, an option contract requires what?

A

New consideration

89
Q

For uCC sale of goods an option contract requires ?

A

Does NOT require consideration if
1) made by merchant
2) in signed writing
3) held open for no longer than 3months

90
Q

Does Tort law or products liability compensate for purely economic harm

A

No- must have harm to your body or property

91
Q

Two key elements for employer to be held responsible for actions of agent

A

1) Control of agent
- provided training & tools
2) Scope- agent/ employee acting within scope of employment

92
Q

What type of contracts does the mirror image rule apply to

A

only service contracts

93
Q

Under the UCC (sale of goods) if you have new or different terms and one party is NOT a merchant…

A

contract will contact the terms ONLY IF the offeror expressly agrees to them

94
Q

If both parties ARE MERCHANTS and you have NEW/Additional terms

A

The new/additional terms AUTOMATICALLY become part of the contract UNLESS AN EXCEPTION APPLIES:
- offer expressly limits acceptance to offer’s terms
- additional terms materially change the offer
- offeror objects w/I reasonable time

95
Q

If both parties ARE MERCHANTS and you have DIFFERENT terms

A

different terms are dropped/knocked out and filled in with evidence of trade usage or UCC gap fillers

96
Q

What is the UCC gap filler for price

A

reasonable price at the time of delivery of goods

97
Q

what is the learned treatise hearsay exception

A

treatise is admissible if
1) it is relied on by expert during examination. AND
2) treatise is established as reliable authority by a party’s expert or judicial notice

98
Q

a police or arson record can or can not be admitted under the business record except to hearsay?>?

A

if offered by the prosecution against a criminal defendant, it can NOT be admitted under business record exception

99
Q

Can plaintiffs remove a case from state to federal court

A

NO - ONLY defendants

100
Q

if someone published a statement that they thought was true, can there be actual malice for defamation

A

NO

101
Q

What is the only way a Defendant can waive his right to counsel

A

Only if judge informs D about the nature of charges, range of punishment, disadvantages of self-representation AND D is not being forced to chose between incompetent counsel and self-representation

102
Q

Can arson be from failure to act

A

YEs- if someone created the risk of harm and reasonably could have stopped the fire but didn’t

103
Q

What is unique about service of process for a minor or incompetent

A

service must follow the rules of the state where service IS MADE

104
Q

does fee simple absolute grant any ownership interest in grantee’s heirs

A

NO- so if it says “to my nephew and his heirs”- it is just FSA to nephew

105
Q

for fear of harm assault, can you be asleep or unconscious

A

NO

106
Q

level of scrutiny for campaign CONTRIBUTIONS

A

intermediate- substantially related to important govt interest

107
Q

not allowing write in candidates on ballot- level of scrutiny

A

rational basis

108
Q

Lack of adequate assurance when specifically asked is ____ of the contract immediately

A

Repudiation

109
Q

does implied warranty of fitness for a particular purpose require the seller to be a merchant

A

NO

110
Q

Do you have a right to counsel at a bail or bond hearing

A

NO

111
Q

UNDER THE UNIFORM PROBATE CODE, if property devised to person in will is no longer available what happens

A

person gets proceeds of property

112
Q

When do you have standing to sue for PUBLIC nuisance

A

If the public nuisance interfere’s with someone’s livelihood/business

113
Q

when does a person have actual possession

A

if they have 1) physical control over a thing and 2) aware of the control over thing long enough to terminate possession

114
Q

before you file a motion to compel x documents what must you do

A

you need a certificate that you attempted to confer with OP

115
Q

For negligent representation, what kind of harm must you have

A

monetary loss or physical harm

116
Q

can you orally rescind a contract

A

yes

117
Q

when is the only time that a merger will NOT terminate an easement

A

if there are ANY future interests in EITHER estate

118
Q

For a service contract, what is material breach

A

Material breach is the absence of substantial performance. Breach is substantial if it 1) thwarts the purpose of the contract or 2) deprives the non breaching party of the essential benefit of the bargain

119
Q

how to start contract essays

A

Determine if UCC or common law and explain why.

120
Q

define impossibility for contracts

A

If it can’t be performed by anyone not just contracting party

121
Q

things that make performance impossible

A

1)death/incapacity of person necessary for performance
2) destruction of subject matter
3) prevention of performance by law

122
Q

define impracticability

A

if it will cause extreme and UNREASOnable difficulty, expense, injury or loss to one of the parties even if objectively possible

123
Q

anticipatory repudiation gives non repudiating party an immediate claim for what

A

BREACH OF CONTRACT

124
Q

if repudiating party retracts their repudiation, what must the other party do

A

proceed as if repudiation had not occurred. Can retract by beginning performance or express statement

125
Q

if a company admitted or stipulated they were negligent, can you have issue preclusion

A

NO

126
Q

Does 11th am immunity extend to actions against local governments, cities, towns, counties

A

NO

127
Q

if surface and mineral estates are owned by diff parties, what does an Adverse possessor get

A

Just surface rights

128
Q

what is assignment

A

Giving entire execution of contract to another person.

129
Q

if you delegate duties of a contract, are you still liable

A

Yes, to discharge your liabilities so you can’t get sued, there would need to be a novation

130
Q

Any contractual duty can be delegated unless

A

1) contract states specific person must perform
2) contract requires personal skill
3) identity of person is key to performance
DELEGATION does not relieve delegator of duties

131
Q

The double jeopardy clause applies only to what type of cases

A

prosecutions

132
Q

Can witnesses be both a lay and expert witness

A

Yes

133
Q

two things you need to have for testamentary capacity

A

1) at least 18 yo
2) of sound mind:
- understand what your property is
-Who property is going to
-the significance of the will
-how the will gives away your property

134
Q

What is dependent relative revocation (DRR)

A

allows the court to undo revocation of a will based on a mistaken assumption of law or fact.

Courts usually apply DRR only if there is an alternative plan of disposition and the mistake leading to revocation is cited in the will itself

135
Q

ways to become an agent

A
  • writing
    -operation of law
    -oral agreement
    -conduct/mutual assent
136
Q

Can a minor be a principal

A

NO

137
Q

Can a minor be an agent

A

YES

138
Q

are there any formalities needed to form a partnership

A

NO

139
Q

Can a limited partner participate in business/management decisions

A

NO

140
Q

if a partner acts OUTSIDE the ordinary course of business of their partnership, does it require consent from all or most of the partners

A

ALL

141
Q

if a partner acts in the ordinary course of business, does it require consent from all or most of partners

A

a majority of partners

142
Q

How does a partner dissociate

A
  • Can give oral or written notice.
    -Can dissociate at any time
    -if the dissociation violates the partnership agreement, it is WRONGFUL and then the partner is on the hook for damages.
143
Q

In what instance would a dissociated partner still be on the hook for liabilities after he left

A

They are on the hook for 2 yrs after dissociated if a creditor reasonably believed the partner was still there and didn’t have notice of the dissociation

144
Q

How can a dissociating partner be released from partnership liability

A

thru
1) agreement with creditors or
2) filing a state of dissociation

145
Q

Can a partnership continue after one partner dissociates

A

-if it is a partnership at will, then the partnership can continue by consent of ALL remaining partners

-if it is partnership for defined term, it will DISSOLVE if partner wrongfully dissociates and within 90 days , 1/2 of remaining partners agree to wind up or term expires or purpose is complete.

146
Q

If you wrongfully dissociate, do you get a say in the winding up process

A

NO

147
Q

Can a business record come into evidence even if the person testifying was not employed at the time and he doesn’t have first hand knowledge of the record?

A

YES

148
Q

Can you combine a motion for discovery with a motion for sanctions

A

Yes

149
Q

If a corporations articles of incorporation were not filed, is the board personally liable for corporate debts?

A

Yes but ONLY IF they knew there was no incorporation at the time and participated in making contracts

150
Q

Can police set up a road block to check cars for DRUGS?

A

NO. only highway safety.

151
Q
A
152
Q

If partial payment is made on contract, can it be excepted from.statute of frauds

A

Yes

153
Q

If buyer ASSUMES mortgage is buyer liable

A

Yes. If buyer assumes mortgage then buyer agrees to pay debt. Buyer becomes primarily liable with debtor secondarily liable

154
Q

If buyer ASSUMES mortgage is buyer liable

A

Yes. If buyer assumes mortgage then buyer agrees to pay debt. Buyer becomes primarily liable with debtor secondarily liable

155
Q

If buyer takes property SUBJECT to mortgage, is buyer liable

A

No. Buyer does not agree to pay mortgage

156
Q

What is trade libel

A

Statements made (written or oral) abt products in someone’s business. Must proved defamatory statement abt P’s business or prodcts w actual malice

157
Q

What is trade libel

A

Statements made (written or oral) abt products in someone’s business. Must proved defamatory statement abt P’s business or prodcts w actual malice

158
Q

Before u are fired from state job, what must happen

A

PRE-dismissal opportunity to respond and post-dismissal hearing

159
Q

If state files post-trial motion, does this extend time to appeal

A

Yes, 30 days after court disposes of any post trial motion

160
Q

What is the loss of chance doctrine

A

Allows P to recover for malpractice if malpractice caused any loss of chance of survival

161
Q

What is the loss of chance doctrine

A

Allows P to recover for malpractice if malpractice caused any loss of chance of survival

162
Q

Can a revocable trust be amended

A

Yes

163
Q

Is selling property to another buyer sufficient to revoke offer if the offeree has no knowledge of your action

A

No. Must have knowledge to be revocation

164
Q

If there is increase in value of separate propwrty during marriage due to market forces, is it marital property

A

No. Not divisible

165
Q

If there is increase in value of separate propwrty during marriage due to market forces, is it marital property

A

No. Not divisible

166
Q

Can you get retroactive child support

A

No. Only back to date of filing

167
Q

Can you get retroactive child support

A

No. Only back to date of filing

168
Q

What does the uniform family support act allow u to do

A

Register child support order in 2nd state and get enforcement

169
Q

What does the uniform family support act allow u to do

A

Register child support order in 2nd state and get enforcement

170
Q

The issuing state retains exclusive continuing jurisduction for child supoort order so only they can modify it UNLESS

A

No litigant or child resides in issuing state

171
Q

What is a special verdict

A

The jury answers questions on factual issues but the judge makes final decision for one party or the other

172
Q

What is a special verdict

A

The jury answers questions on factual issues but the judge makes final decision for one party or the other

173
Q

Can trespass be for smells or light or sound or obseving someone’s house

A

No

174
Q

Can a state tax international corporations

A

Yes as long as non discriminatory and doesnt create risk of multiple taxation

175
Q

Can a state tax international corporations

A

Yes as long as non discriminatory and doesnt create risk of multiple taxation

176
Q

What power does board share with shareholders

A

Amending bylaws

177
Q

A suit for payment of dividend would be what type of suit

A

Direct suit

178
Q

Does a reasonable mistake excuse liability for trespass to chattel? (I.e taking wrong car by accident)

A

NO

179
Q

three instances where contracting parties lose the ability to change or discharge duties owed to 3rd party intended beneficiary

A

1) Beneficiary materially changes position in reliance on promise
2) beneficiary brings suit on promise
3) Beneficiary manifests ASSENT to promise at REQUEST of promisor or promisee

180
Q

Does a possessor of land have a duty or warn a licensee of open/obvious conditions

A

NO

181
Q

What are the barrk felonies for felony murder

A

Burglary arson, rape robbery kidnapping

182
Q

When a description of a property conveyed in a deed is inconsistent, what do courts rely on

A

1) natural objects or landmarks
2) artificial monuments
3) adjacent boundaries

183
Q

In a P’s complaint, what is unique about special damages

A

they must be spelled out specifically in the complaint, with monetary fixed value

184
Q

A state law that does NOT explicitly discriminate against out of state companies is VALID IF

A

it is rationally related to a legitimate objective
AND
burdens on interstate commerce are NOT CLEARLY EXCESSive when compared to Local benefits

185
Q

if a trust says “to all my surviving children” what kids does it include

A

kids born after trust was made but before Settler died

186
Q

if kid dies before settler but is named in the trust, can they take from settler?

A

under CL no, under UPC, their offspring can take by representation

187
Q

Can you perfect a security interest before attachment

A

NO but if you perfect first then attach, the priority date is day of perfection

188
Q

if in your will, you give your house at 123 sugar berry lane to bob and before you die, you sell your house and buy a different house, what does bob get

A

Under CL, bob gets NOTHING. the gift deems. the new house would go to residuary legatee.

Under UPC, bob gets new house- replacement house consistent with intent

189
Q

If x shares of stock are named to go to bob in the will and the stock split, what does bob get

A

Under Cl- bob only gets x shares, rest go to residuary. Under UPC/modern, bob gets stock split

190
Q

If gift to named beneficiary fails b/c it is too vague (to all my friends), who gets the gift

A

residuary taker

191
Q

what is the insane delusion rule

A

If the testator was under an insane delusion, the will can be set aside ONLY IF the will is a product of that insane delusion

192
Q

who has standing to contest a will

A

ONLY people with financial interest in successful will contest

193
Q

what is the surviving spouse’s elective share

A

allows surviving spouse to take an elective share INSTEAD of any gift in will or if omitted from will

194
Q

Can the government challenge the REASONABLENESS of religious beliefs

A

NO

195
Q

Does the jury have to represent a fair cross section of the community

A

No. The pool the jury is selected from has to represent a fair cross section

196
Q

Does the jury have to represent a fair cross section of the community

A

No. The pool the jury is selected from has to represent a fair cross section

197
Q

What can the 100 mile bulge rule do

A

Create personal jx over a party that otherwise wouldnt have pj…but now do bc they reside within the 100 mile radius of courthouse

198
Q

What is the diff between a physical taking and regulatory taking

A

Physical taking -use of land. Regulayory taking- deprivation of all economic value of land or all productive value of land

199
Q

Is dismissal for 12b6- failure to state a claim for relief- a dismissal with or without prejudice?

A

= dismissal WITH prejudice bc adjudication on the merits

200
Q

does death of offeror terminate an option contract

A

NO

201
Q

Can an exculpation clause in contract cover intention or reckless tort harm

A

NO- invalid on public policy grounds

202
Q
A
203
Q

Irrevocable firm offers only apply to what

A

Sale of goods

204
Q

What is the dual sovereignity doctrine

A

Allows two jurisdictions to charge person for same crime

Bar Exam (19 decks)

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