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1
Q

What is the one situation when you can recover in negligence for pure economic loss

A

Negligent misrepresentation

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2
Q

When is a treatise, periodical or pamphlet admissible for the truth of the matter

A

Only if it is connected to expert witness testimony

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3
Q

When is a law that impairs state contracts ok

A

if it 1) serves a significant and legitimate public purpose and 2) if the impairment is reasonable

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4
Q

Can you introduce evidence of a witness’s reputation for truthfulness when their testimony contradicts someone else’s?

A

No- not until the witness is impeached

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5
Q

One harmless error is not grounds for reversal but….

A

Cumulative effect of multiple harmless errors may warrant reversal

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6
Q

if the law in question is a civil penalty, would negligence per se apply

A

NO

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7
Q

The firm offer rule to hold an offer open for the sale of goods only applies to who

A

Merchants

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8
Q

Is a promise to hold and offer open when both parties are NOT MERCHANTS enforceable (UCC)

A

No

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9
Q

What is the equity of redemption

A

A mortgagor’s right to redeem a mortgage by paying the past due amount prior to foreclosure. Any agreements that impair the right to redeem are invalid for clogging the equity of redemption

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10
Q

Does the Priviledges and Immunity clause apply to corporations?

A

NO- only the Dormant Commerce clause applies to both individuals AND corporations

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11
Q

what can Prior CONSISTENT statements be used for

A

1) to refute allegations of improper motive OR
2) to rehab credibility

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12
Q

in a contributory negligence jx, would P’s own negligence bar recovery IN STRICT LIABILITY

A

no

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13
Q

Does jeopardy attach at prelim hearings?

A

NO- so that if you get dismissal at prelim for lack of probable cause, you can still have grand jury indictment for same person, same issues.

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14
Q

IF you are filing a statement to perfect a security interest, where must it be filed

A

IN the state where the buyer resides

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15
Q

What is the EQUITABLE DEVIATION DOCTRINE

A

provision of a trust can be change IF THE change will further the purpose of the trust and IF it is because of circumstances not anticipated by settlor

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16
Q

if something is a legal impossibility, is it a crime?

A

NO

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17
Q

is an impeachment conviction open to review - thru a writ of certiori

A

NO

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18
Q

A burlary suspect who fails to complete the burglary is also guilty of….

A

Attempted larceny

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19
Q

Ways Personal Jurisdiction can be established

A

1) specific jurisdiction: minimum contacts/fair play and substantial justice- due process and state long arm statute

2) general jurisdiction- d has continuous/systematic contacts w forum state so that D is essentially at home there- domicile

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20
Q

A contract for “permanent employment” can be terminated when and by who

A

Terminated any time by either party for any reason. Essentially working “at will”

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21
Q

Can jurors determine the genuineness of handwriting based on comparisons to authenticated samples

A

Yes

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22
Q

Do identical cross offers form a contract

A

NO

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23
Q

if a party’s assent to a contract is induced by fraudulent or material misrepresentation, what happens to the contract

A

Voidable

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24
Q

Maximum number of deposition a party can take without getting leave from ct

A

10

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25
Q

is there a limit on the number of Request for production of documents you can serve on parties

A

NO

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26
Q

Negligent intervening acts are generally ____

A

foreseeable- i.e don’t break the chain of causation

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27
Q

Can a property crime like larceny be for intangible property?

A

NO.. (I.e you can’t have larceny for trade secrets)

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28
Q

Do sentencing factors require proof beyond a reasonable doubt

A

No, not unless the factor would increase the criminal penalty BEYOND THE STATUTORY MAXIMUM

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29
Q

What type of damages can you usually NOT get in contracts

A

punitive damages (unless there is underlying tort)

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30
Q

Disclaimers of warranties must be _____

A

conspicuous

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31
Q

a seller saying a product is perfect for exactly the job you want to do is which warranty

A

Implied warrant of fitness for particular purpose

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32
Q

If a buyer rightfully rejects goods or revokes their acceptance, what can he get

A

Damages

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33
Q

statements for medical diagnosis or treatment are allow in evidence if they say what

A

How a person was injured but NOT who injured the person

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34
Q

time limit to move for summary judgement

A

Anytime up to 30 days after the close of discovery

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35
Q

can cases on partisan gerrymandering/ redistricting to favor a political party - be heard by the supreme court

A

No- they would be a non justiciable political question

36
Q

if after the case is over, the law pertaining to the case has changed, what motion can you make

A

Motion to Amend a final judgement- for new evidence or law changes- with 28 days

37
Q

max number of depositions

A

10m

38
Q

max number of interrogatories

A

15

39
Q

max number of requests for production

A

unlimited

40
Q

an implied warranty or written disclaimer must be ____

A

very conspicuous- in larger print

41
Q

If buyer ASSUMES a mortgage, who is liable in default

A

Both Buyer and original owner

42
Q

if buyer takes SUBJECT to the mortgage, who is liable in default

A

Just original owner

43
Q

when does physician’s failure to disclose risks of a treatment = liability for negligence

A

1) if the failure to disclose caused patient to consent to treatment he wouldn’t have otherwise
AND
2) if the undisclosed risk materialized and caused the patient HARM

44
Q

If a prisoner is suing on his own behalf (not class action suit) for treatment in prison but in the midst, he gets released…

A

case is moot

45
Q

Can a court use POST-contract evidence of contract term’s meaning?

A

Yes

46
Q

attempted ANYTHING is what type of crime? SO what type of mistake is ok

A

specific intent crime so UNREASONABLE mistake is valid

47
Q

2 methods of intestate succession when dying without a will

A

1) per capita with representation
2) per capita at each generation

48
Q

Does an expert witness need personal knowledge

A

No

49
Q

is a 911 call or statement to police about ongoing emergency, a testimonial statement for the purpose of confrontation clause

A

NO

50
Q

The issuing state for child support has excuse jx to modify support as long as ____

A

At least one parent or kid lives there

51
Q

In LLC, does allocation of losses follow allocation of profits?

A

NO- so if profits are divided 80/20, remember that LLC protects against losses so members are NOT liable for losses individually

52
Q

if corporation acts in oppressive manner to minority shareholders, what can court do

A

Order dissolution

53
Q

to prevail in a suit to compel payment of dividend, a shareholder must show what

A

That the director(s) acted in bad faith in their refusal to pay- i.e that they were motivated by personal interests.

Can be show by:
-hostility of controlling s/h to minority
-exclusion of minority from employment
-high salaries/bonuses to controlling group
-desire by controlling s/h to buy minority stock as cheap as possible

54
Q

does right to counsel attach at bail or bond hearing

A

NO

55
Q

is a handwritten will always holographic

A

No- if it is signed and witnessed, then not considered holographic

56
Q

what is abatement

A

When assets of the estate are insufficient to pay off all bequests in will. bequests will be reduced in specific order
1) residuary
2) general (fixed $ Amt)
3) specific (identifiable property)

57
Q

what level of scrutiny for laws regarding campaign EXPENDITURES

A

strict scrutiny

58
Q

what level of scrutiny for laws regarding campaign contributions

A

Intermediate scrutiny

59
Q

modified comparative jx- plaintiff’s recovery is barred if it exceeds what

A

50%.

Note- if equal to 50%, she can still recover

60
Q

to take away a property or liberty right like taking kids from parents permanently, what is burden of proof

A

at least clear and convincing evidence (must be higher than preponderance)

61
Q

a trust is valid if it has

A

a trustee, beneficiary and trust property

62
Q

signing a contract for sale does what to a joint tenancy

A

BREAKS IT

63
Q

indemnification means what

A

Allows an employer who was liable solely b/c of idiot employee who committed tort in scope of employment, to seek 100% of damage act from that employee

64
Q

what is the default place for delivery of goods

A

Seller’s place of business

65
Q

a private citizen is privileged to arrest or confine someone when

A

1) a felony has been committed
AND
2) the citizen REASONABLY believes the person committed the felony

66
Q

Can the court directly impose sanctions on an atty

A

Yes, and they don’t require the 21 day safe harbor first

67
Q

a time, place and manner speech law that is CONTENT NEUTRAL must be

A

-narrowly tailored to serve significant govt interest
-leave open alternative channels of communicaiton

68
Q

the firefighters rule only bars recovery for negligence that what

A

that required the rescuer at the scene, it doesn’t cover someone else negligently crashing into them

69
Q

is there a right to jury trial at the state level for civil cases

A

NO. 7th am is NOT incorporated against the states

70
Q

what level of scrutiny for state laws that discriminate against out of state commerce either on their face or in their effect

A

Strict scrutiny

71
Q

if state law is not discriminatory against out of state commerce, how can it still be invalidated

A

If burden on I/c is clearly excessive in relation to state benefits

72
Q

if the purpose or formation of a contract is against the law, is there any remedy for breach of that contract

A

NO

73
Q

under MPC, can theft be of intangible goods

A

Yes

74
Q

what is custody for purpose of miranda

A
  • either FORMAL ARREST OR
    -physical restraint by police or told by officers he is not free to leave

–> i.e. person would not feel free to leave

75
Q

If a person is asked to come to police station to answer questions (but they are free to leave), are they in custody for purposes of miranda

A

NO

76
Q

what is implied in FACT contract

A

from conduct
i.e. guy mistakenly paves neighbor’s driveway and the neighbor doesn’t object

77
Q

What is an implied IN LAW contract

A

A quasi contract/unjust enrichment. ex. physician treats unconscious person at accident scene then sends bill

78
Q

claims heard under supplemental jurisdiction do not need to meet amount in controversy but they need what

A

To be from same transaction or occurrance

79
Q

Under UCC, a breaching buyer is entitled to what if they made advance payments

A

they can get back advance payments but offset by seller’s damages (lost profits if high volume seller)

80
Q

under promissory estoppel, an offer becomes irrevocable if the offer reasonably and detrimentally relies on the offer before ______

A

acceptance

81
Q

in forming a contract, if either party intended to make a gift, is there consideration

A

NO.

So “I promise to give x” is not consideration

82
Q

who has the burden to prove the chain of custody for evidence is substantially unbroken

A

the government

83
Q

do parents have a FUNDAMENTAL right to direct their child’s education/choose what school the kid should attend

A

Yes so strict scrutiny

84
Q

what is a novation

A

A subsequent contract that substitutes a new party for one of the original parties

85
Q

what are exceptions to the mailbox rule- such that acceptance is valid for these when received

A

option contract or firm offer

86
Q

can a co-tenant lease his property interest to 3rd p without other co-tenants consent

A

Yes, but the third party would possess and use the entire property along with the other co-tenants, and they share the rent

87
Q
A

Bar Exam (19 decks)

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