Practice Exam2

Question 1

people write 2 service Ks together- sign

Answer 1

• Since the contract cannot be performed within one year from the time of the contract’s making, it is subject to the Statute of Frauds.
• The writings are not sufficient under the Statute of Frauds because, although together they state the essential terms of the bargain and each is signed by the promisor, neither writing references the other.
• In order to satisfy the Statute of Frauds, at least one of the writings must reference the other.

Question 2

bulge provision

Answer 2

“bulge provision” in the federal rules that provides for service of process on a party within 100 miles of the forum court even if state law would not otherwise permit such service, this provision only applies to a third-party defendant joined under Rule 14 or a required party joined under Rule 19

Question 3

breaking and entering requirement-burg

Answer 3

while the man originally entered the home with permission, he broke and entered a specific room in the house without permission, which is sufficient to satisfy the breaking and entering requirement.

Question 4

merger-easements

Answer 4

Although the landowner created an express easement, the easement was lost when both the servient and the dominant estates came under the ownership of the daughter.

Question 5

products liability- supplier

Answer 5

The supplier of a component that is integrated into a product during its manufacture is not liable unless the component itself is defective or the supplier substantially participates in the integration process and the integration of the component causes the product to be defective.

Question 6

doesn’t adhere to knock and announce

Answer 6

When a police officer executing a valid search warrant fails to adhere to a “knock and announce” statute, evidence seized is not subject to the exclusionary rule, despite that failure.

Question 7

equitable conversion

Answer 7

Under the doctrine of equitable conversion, the couple became equitable owners of the property upon the execution of the contract of sale. As such, they bear the risk of loss.

Question 8

Bankruptcy Clause of Article I, Section 8, Clause 4

Answer 8

the Bankruptcy Clause gives Congress the power to subject states to its provisions. While the Eleventh Amendment generally immunizes the state from suits in federal court for money damages or equitable relief when the state is a defendant in an action brought by a citizen of another state, it does not bar the actions of a bankruptcy court that impacts state finances.

Question 9

larceny defense-mistake of fact

Answer 9

Larceny is a specific intent crime, and an honest mistake of fact, whether reasonable or not, serves as a defense to a specific intent crime because such an honest mistake negates the required mens rea.

Question 10

NIED-not in zone of danger

Answer 10

In order for a person who is not within the zone of danger to recover under a theory of negligent infliction of emotional distress, she must (i) be closely related to the person injured by the defendant, (ii) be present at the scene of the injury, and (iii) personally observe (or otherwise perceive) the injury.

Question 11

evidence of juvenile adjud

Answer 11

Evidence of juvenile adjudications is not admissible in civil cases. The court may occasionally permit evidence of a juvenile adjudication of a witness other than the accused under certain circumstances, but only in a criminal trial.

Question 12

diversity-aggregation

Answer 12

In order for subject-matter jurisdiction based on diversity to exist, the amount in controversy must exceed $75,000 and no plaintiff may be a citizen of the same state as any defendant.

• The damages sought by each, although arising from the same occurrence, cannot be aggregated to meet this requirement.
• must each have $75k*

Question 13

contributory neg jX

Answer 13

In a contributory negligence jurisdiction, the plaintiff’s contributory negligence is a complete bar to the plaintiff’s recovery.

Question 14

regardless of recording act…

Answer 14

Regardless of the type of recording act that governs, the grantee of real property is protected from a subsequent purchaser’s claims of ownership to the property by recording his deed prior to the subsequent conveyance

Question 15

civil-character evid

Answer 15

In a civil case, evidence of a person’s character trait generally is inadmissible to prove that the person acted in accordance with that character trait on a particular occasion. Character evidence is admissible, however, when character is an essential element of a claim or defense, rather than a means of proving a person’s conduct

Question 16

priv and immunities clause

Answer 16

Article IV’s Privileges and Immunities Clause protects citizens of one state from discrimination by another state in their exercise of fundamental rights.

Question 17

imperfect self-defense

Answer 17

• Although a defendant who is not the aggressor is justified in using reasonable force in self-defense against another person to prevent immediate unlawful harm to himself, the defendant’s belief that the other person’s actions represent an immediate threat must be reasonable.
• When such belief is unreasonable but honest, the defendant is entitled to assert “imperfect self-defense,” which reduces his crime from murder to voluntary manslaughter.

Question 18

removal-defendant

Answer 18

Removal of a state action to federal court is a right that can only be exercised by a defendant. A plaintiff cannot remove an action filed in state court to a federal district court in the same state.

Question 19

risk of loss-insurance coverage

Answer 19

The UCC provides that a merchant seller generally retains the risk of loss in the absence of a contract term to the contrary until the buyer receives the goods. However, if the buyer is in breach of the contract, the risk of loss passes to the buyer to the extent of any deficiency in the seller’s insurance coverage

Question 20

lay witness opinion- state of mind

Answer 20

The question is improper because it calls for a non-expert witness to offer an opinion about the defendant’s thinking. While lay witnesses may testify as to conclusions in some situations (e.g., whether a person seemed intoxicated, whether a car was speeding), this is not one of those circumstances