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Question 1

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

Answer 1

Negligent misrepresentation

Question 2

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

Answer 2

Only if it is connected to expert witness testimony

Question 3

When is a law that impairs state contracts ok

Answer 3

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

Question 4

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

Answer 4

No- not until the witness is impeached

Question 5

One harmless error is not grounds for reversal but….

Answer 5

Cumulative effect of multiple harmless errors may warrant reversal

Question 6

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

Answer 6

NO

Question 7

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

Answer 7

Merchants

Question 8

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

Answer 8

No

Question 9

What is the equity of redemption

Answer 9

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

Question 10

Does the Priviledges and Immunity clause apply to corporations?

Answer 10

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

Question 11

what can Prior CONSISTENT statements be used for

Answer 11

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

Question 12

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

Answer 12

no

Question 13

Does jeopardy attach at prelim hearings?

Answer 13

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.

Question 14

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

Answer 14

IN the state where the buyer resides

Question 15

What is the EQUITABLE DEVIATION DOCTRINE

Answer 15

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

Question 16

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

Answer 16

NO

Question 17

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

Answer 17

NO

Question 18

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

Answer 18

Attempted larceny

Question 19

Ways Personal Jurisdiction can be established

Answer 19

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

Question 20

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

Answer 20

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

Question 21

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

Answer 21

Yes

Question 22

Do identical cross offers form a contract

Answer 22

NO

Question 23

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

Answer 23

Voidable

Question 24

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

Answer 24

10

Question 25

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

Answer 25

NO

Question 26

Negligent intervening acts are generally ____

Answer 26

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

Question 27

Can a property crime like larceny be for intangible property?

Answer 27

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

Question 28

Do sentencing factors require proof beyond a reasonable doubt

Answer 28

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

Question 29

What type of damages can you usually NOT get in contracts

Answer 29

punitive damages (unless there is underlying tort)

Question 30

Disclaimers of warranties must be _____

Answer 30

conspicuous

Question 31

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

Answer 31

Implied warrant of fitness for particular purpose

Question 32

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

Answer 32

Damages

Question 33

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

Answer 33

How a person was injured but NOT who injured the person

Question 34

time limit to move for summary judgement

Answer 34

Anytime up to 30 days after the close of discovery