Practice Test Missed Questions Flashcards
What is the exception to the statute of frauds for land sale contracts.
An oral agreement:
1) payment of all or part of the purchase price
2) possession
3) substantial improvement
when can you modify a K?
UCC - good faith
Common law - Old rule must have new consideration (pre-existing duty rule);
New Rule: unforeseen difficulty and fair/reasonable w/o new consideration
Diversity jurisdiction amount in controversy requirement
Single plaint., single claim - 75K
Single plaint., multiple claim - can aggregate if same facts/controversy
Multiple plaint. - one plaint. must qualify, other can join if same controversy
Who can serve the summons/complaint?
Anyone over the age of 18 who is not a party
What is a bona-fide purchaser in real estate?
(1) Pays value; AND
(2) Takes w/o notice
Intentional infliction of emotional distress (IIED)
(1) intentional;
(2) extreme and outrageous conduct
(3) for third party - (presence; close family member; knowledge of the person)
Negligent Infliction of Emotional Distress (NIED)
Zone of danger (more?)
Is the necessary and proper clause an independent source of congressional power?
No, it must be used in conjunction with another source.
Explain Embezzlement, larceny by trick, and false pretenses.
Embezzlement - conversion when you have lawful possession
Larceny by trick - obtaining possession by false representation and then converting.
False pretenses - obtaining title by false pretenses with intent to defraud.
What crimes can co-conspirators be charged with?
(1) crimes that are a foreseeable outgrowth of the conspiracy; and
(2) crimes committed in furtherance of the conspiracy.
Types of 3rd Party Beneficiaries and their rights
Intended (creditor/done) - right to secure enforcement of agreement against breaching promisor; promisee only if there is an independent agreement
Incidental beneficiary – no right to seek enforcement
When do third party beneficiary rights vest
(a) Brings suit on the matter
(b) Changes position/justifiable reliance;
(c) manifests assent at request of promisee/promisor
(d) express terms of K
Requirements to assign
Intent;
to make a present transfer
When can multiple plaintiffs/defendants join together?
1) their claim arises out of the same transaction or occurrence; and
2) any question of law or fact is common to all plaintiffs.
What types of K’s are not delegable/assignable?
personal service K, long-term requirements K’s.
What is the timeline for notice of a deposition?
A deposition may not be used if served with less than 14 days notice and filing of a protective order.
What must the non-moving party do in a summary judgment motion?
Non-moving party cannot rely solely on their pleadings (usually the plaint.)
Defamation analysis
Public - must prove malice
private - malice not required
Assurances under the UCC
If party has reasonable grounds for insecurity about K:
1) seek assurances
2) in writing; and
3) can treat as repudiated after 30 days (if not assurances
Co-tenant searches?
Contenant can consent with actual or apparent authority
other co-tenant can revoke consent
When can a mortgagor redeem his property?
Any time after default but before foreclosure
If statutorily allowed, can purchase after foreclosure sale with sale price.
Can you waive the right to redeem mortgaged property?
No
Habit Evidence key words
words like “invariably, always, frequently, often,” trigger habit questions. Testimony can be offered without corroboration or eyewitness to show someone acted w/in the conformity of the trait/habit.
