Practice Test Missed Questions

Question 1

What is the exception to the statute of frauds for land sale contracts.

Answer 1

An oral agreement:

1) payment of all or part of the purchase price
2) possession
3) substantial improvement

Question 2

when can you modify a K?

Answer 2

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

Question 3

Diversity jurisdiction amount in controversy requirement

Answer 3

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

Question 4

Who can serve the summons/complaint?

Answer 4

Anyone over the age of 18 who is not a party

Question 5

What is a bona-fide purchaser in real estate?

Answer 5

(1) Pays value; AND

(2) Takes w/o notice

Question 6

Intentional infliction of emotional distress (IIED)

Answer 6

(1) intentional;
(2) extreme and outrageous conduct
(3) for third party - (presence; close family member; knowledge of the person)

Question 7

Negligent Infliction of Emotional Distress (NIED)

Answer 7

Zone of danger (more?)

Question 8

Is the necessary and proper clause an independent source of congressional power?

Answer 8

No, it must be used in conjunction with another source.

Question 9

Explain Embezzlement, larceny by trick, and false pretenses.

Answer 9

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.

Question 10

What crimes can co-conspirators be charged with?

Answer 10

(1) crimes that are a foreseeable outgrowth of the conspiracy; and
(2) crimes committed in furtherance of the conspiracy.

Question 11

Types of 3rd Party Beneficiaries and their rights

Answer 11

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

Question 12

When do third party beneficiary rights vest

Answer 12

(a) Brings suit on the matter
(b) Changes position/justifiable reliance;
(c) manifests assent at request of promisee/promisor
(d) express terms of K

Question 13

Requirements to assign

Answer 13

Intent;

to make a present transfer

Question 14

When can multiple plaintiffs/defendants join together?

Answer 14

1) their claim arises out of the same transaction or occurrence; and
2) any question of law or fact is common to all plaintiffs.

Question 15

What types of K’s are not delegable/assignable?

Answer 15

personal service K, long-term requirements K’s.

Question 16

What is the timeline for notice of a deposition?

Answer 16

A deposition may not be used if served with less than 14 days notice and filing of a protective order.

Question 17

What must the non-moving party do in a summary judgment motion?

Answer 17

Non-moving party cannot rely solely on their pleadings (usually the plaint.)

Question 18

Defamation analysis

Answer 18

Public - must prove malice

private - malice not required

Question 19

Assurances under the UCC

Answer 19

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

Question 20

Co-tenant searches?

Answer 20

Contenant can consent with actual or apparent authority

other co-tenant can revoke consent

Question 21

When can a mortgagor redeem his property?

Answer 21

Any time after default but before foreclosure

If statutorily allowed, can purchase after foreclosure sale with sale price.

Question 22

Can you waive the right to redeem mortgaged property?

Answer 22

No

Question 23

Habit Evidence key words

Answer 23

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.