Practice Exam4

Question 1

automobile exception

Answer 1

although the automobile exception permits a police officer to search a car without a warrant, the exception only applies when the police officer has probable cause to conduct the search.

Question 2

compar neg JX-assumpt of risk

Answer 2

In a comparative negligence jurisdiction, assumption of the risk is not recognized as a separate defense—it has been merged into the comparative-fault analysis and merely reduces recovery.
-The plaintiff’s awareness of the risk of her conduct is generally taken into account in determining the degree to which she is at fault, but it can also be considered in determining the reasonableness of the plaintiff’s or the defendant’s actions

Question 3

accept by performancw

Answer 3

Unless a contract specifies that it can be accepted only by performance (i.e., a unilateral contract), it can be accepted either by the offeree’s promise to perform or by the offeree’s beginning performance of the contract

Question 4

DPC- long arm

Answer 4

The Due Process Clause requires that the defendant have sufficient minimum contacts with the forum state in order for a court to exercise personal jurisdiction over the defendant.

Question 5

defense- strict liabl

Answer 5

by engaging in an abnormally dangerous activity, P is strictly liable for harm that results from the conduct of that activity, assumption of the risk is a defense to strict liability

Question 6

privileges and immunities clause

Answer 6

The Article IV Privileges and Immunities Clause prohibits a state from discriminating against nonresidents with respect to the exercise of a fundamental right or engagement in an essential activity, such as earning a living, unless there is substantial justification for the discrimination.

Question 7

impremissibly suggestive photo array

Answer 7

In order for a witness to be prevented from identifying the defendant in court due to a previous impermissibly suggestive photo array, the defendant must demonstrate that there was a substantial likelihood of misidentification, which is not the case here.

Question 8

impracticability

Answer 8

The defense of impracticability may be raised if performance has become illegal after the formation of the contract. However, the defense is unavailable to a party who has assumed the risk of an event happening that makes performance impracticable.

Question 9

PJX- in rem

Answer 9

In an in rem action, the forum court generally has personal jurisdiction over a defendant when the dispute centers on ownership of property located in the forum state.

Question 10

deceased- defamation

Answer 10

A deceased person cannot legally be defamed. The estate of the deceased official cannot maintain an action for defamation because the defamatory statement was made after the official’s death

Question 11

solicitation

Answer 11

The man can be convicted of solicitation because he asked his friend to commit the crime of arson with the intent that the friend would do so.

• While solicitation to commit a crime is a completed crime in itself, it merges into the completed crime being solicited.
• However, the completed crime here was a different crime from the crime solicited because it involved the burning of a different structure, so the solicitation conviction stands.

Question 12

intended B- rights vest

Answer 12

An intended beneficiary may sue a promisor to enforce the contract once her rights have vested. The rights of an intended beneficiary vest when the beneficiary (i) detrimentally or materially relies on the rights created; (ii) manifests assent to the contract at one of the party’s request; or (iii) files a lawsuit to enforce the contract.

Question 13

current party- HS exemption

Answer 13

A prior out-of-court statement by a party to the current litigation that is used against that party is not hearsay; such statements are specifically excluded from the definition of hearsay.

Question 14

Goods K- accomodation

Answer 14

Normally a shipment of goods by a seller made in response to an order placed by the buyer constitutes acceptance of the buyer’s offer. Such a shipment does not constitute acceptance, however, if the seller indicates that the shipped goods are made as accommodation. Since the supply company so designated the blades that it sent, the shipment did not constitute acceptance.

Question 15

workplace safety

Answer 15

• A company’s duty to ensure the safety of its workforce is a critical function, and, therefore, a non-delegable duty
• will not relieve it of liability associated with the negligence

Question 16

drawing blood

Answer 16

Drawing blood is not considered a major medical procedure; little intrusion or pain is involved. Consequently, the procedure is reasonable in light of the Fourth Amendment.

Question 17

defamation-truth as a defense

Answer 17

In a defamation action involving a private person and a matter that is not of public concern, as is the case here, truth is a defense.

EX: Evidence that the plaintiff has engaged in prostitution would support the truthfulness of the defendant’s statement.

Question 18

political question doctrine applies to…

Answer 18

The political question doctrine applies only to the federal government, not the states

Question 19

6 person jury/ judge deciding punishment

Answer 19

With respect to the conviction, a six-person jury may render a verdict in a criminal trial without violating the defendant’s right to a jury trial. With respect to the sentence, generally only a jury is permitted to find a fact that serves to increase the maximum penalty that can be imposed for a crime. However, an exception exists if that fact is a prior conviction of the defendant.

Question 20

First Amend- Porn

Answer 20

Under the First Amendment, a city can regulate adult entertainment establishments (e.g., by localizing them in a particular area), but cannot impose a blanket ban on all pornography

Question 21

PITT- joint tenancy

Answer 21

(unity of possession), with each interest equal to the others (unity of interest), at the same time (unity of time), and in the same instrument (unity of title)

Question 22

order of payment after foreclosure

Answer 22

The money from a foreclosure sale is applied first to the costs associated with the foreclosure sale itself (which would include attorney’s fees), second to the balance and interest of the mortgage obligation being foreclosed, and finally to the mortgage obligations owed to all junior interest holders. When multiple interests must be paid out of the proceeds, generally, the earliest mortgage placed on the property has priority over the other interests

Question 23

J&S/ pur compar neg/ contribution

Answer 23

In a jurisdiction that retains traditional joint and several liability rules and applies pure comparative negligence principles, a plaintiff may recover his total damages—reduced by the proportion of his own fault—from any defendant. If the jurisdiction also permits contribution, the paying defendant may then seek contribution from the other defendant(s) and recover anything paid in excess of his fair share.

Question 24

removing a fixture

Answer 24

In determining whether an object is a fixture that can be removed by a seller of real property, the seller’s subjective intent is not controlling. Instead, various factors are examined to ascertain the seller’s objective intent.

Question 25

Robbery-force

Answer 25

Robbery is defined as (i) larceny, (ii) from the person or presence of the victim, (iii) by force or intimidation. The force used by a defendant must be more than the amount necessary to effectuate taking and carrying away the property.
Force can include giving a victim drugs in order to induce unconsciousness and thereby permit the larceny to occur.