NY BAR REVIEW 1

Question 1

Libel Personal Jurisdiction

Answer 1

Have sufficient minimum contacts with the state. Publisher should reasonably anticipate causing injury wherever newspaper is sold and should reasonably anticipate being hailed into court in each state.

Question 2

Improper Venue

Answer 2

May be waived. Defendant can do so. Defendant may object.

Question 3

Venue

Answer 3

Place where process is served has no effect on it.

Question 4

Proper Venue

Answer 4

Where events giving rise to claim, occurred.
In a judicial district where any defendant resides, if reside in same state.
A plaintiff’s residence is not a valid basis for fixing venue.

Question 5

Jurisdiction

Answer 5

Exercise of jurisdiction over particular defendant must be authorized by statute and constitutional.

Question 6

Failure to cooperate in discovery

Answer 6

Insistence on a court order for additional medical exam by additional doctor does NOT constitute this.

Question 7

Physician Exam employed by the REQUESTING party

Answer 7

NO prohibition against it

Question 8

Physician Examination

Answer 8

Need not submit to an exam by another physician without court order obtained on a showing of good cause.
A party may NOT avoid examination by claiming prior exam was sufficient.

Question 9

Jury Trial

Answer 9

Underlying dispute is legal in nature.
Court will look to the basic substance of the case to see if jury trial is appropriate.
An action at law, jury trial is available on demand.

Question 10

Duty to supplement responses

Answer 10

Duty to amend prior response if knows that response, though correct when made, is no longer true, and circumstances are such, that failure to amend the responses is in substance a KNOWING CONCEALMENT.
Opposing party need not request it. Fact that a party may be able to find the info without using discovery doesn’t relieve party from disclosing info their possession.

Question 11

Common question Class action

Answer 11

Judge may refuse to approve settlement of class action, unless class members are given second opportunity to opt out. TWO OPT OUT PERIODS.

1. Initial Notice
2. Settlement Agreement. Only if judge requires.

May opt out if court allows members second opportunity to opt out.

Question 12

Supplemental Jurisdiction

Answer 12

Subject matter jurisdiction over claim. Court would have supplemental jurisdiction over 3rd party claim arising from same transaction or occurrence as underlying claim does.

Question 13

Merger

Answer 13

When plaintiff wins. Cause of action is said to merge into judgment such that cannot re-litigate cause of action later. All personal injuries received by plaintiff in 1 accident constitute single cause of action and res judicata forbids re-litigation.

Question 14

RES JUDICATA principles

Answer 14

forbid relitigation

Question 15

Collateral Estoppel

Answer 15

Issue preclusion. Applies to issues, NOT entire cases.

Question 16

Attempted Murder

Answer 16

Possess Specific Intent to kill. In common law, all attempts are specific intent crimes.Establish that he had specific intent to engage in behavior or cause harm prohibited by criminal statute that he was charged with attempting to violate. SPECIFIC INTENT TO KILL PRESENT.

Question 17

Manslaughter

Answer 17

Reckless

Question 18

Murder

Answer 18

Depraved Heart Theory

Question 19

Quitclaim Deed

Warranty Deed

Answer 19

Quitclaim deed gives NO warranty of title

Question 20

Future Covenants in General Warranty Deed

Answer 20

Covenant of

1. quiet enjoyment
2. warranty
3. further assurances

Question 21

Quiet Enjoyment

Answer 21

Covenant that grantee will not be disturbed in possession or enjoyment of property by 3rd party’s lawful claim of title

Question 22

Further Assurances

Answer 22

Covenant to perform whatever acts are reasonably necessary to perfect title conveyed if turns out to be imperfect

Question 23

Marketable title

Encumbrance

Answer 23

Visible and invisible easement are encroachments giving purchaser a right to object to title, except public highway and lawful structures thereon.

Question 24

Remedy if title NOT marketable

Answer 24

If NO fault on part of seller, buyer may recover only PURCHASE MONEY paid, expenses of TITLE EXAMINATION and NOMINAL DAMAGES.

Question 25

Boundary

Answer 25

Running along the street. conveys grantor's title in land to CENTER OF STREET, while ALONG SIDE OF THE STREET does NOT pass title to street in conveyance.