Quiz Question Rules

Question 1

An easement by necessity is implied if

Answer 1

(1) there was a unity of estates
(2) common ownership was severed
(3) an easement is absolutely necessary to use and enjoy the land

Question 2

A real covenant will only bind successors in interest if the following elements are met:

Answer 2

(1) writing
(2) intent to run
(3) touch and concern
(4) horizontal privity
(5) vertical privity
(6) notice

Question 3

Ways to discharge contractual obligations (FIRM SCAN)

Answer 3

F- full performance
I- impossible, impractical, or frustration of purpose
R- release in writing
M- mutual recission

S- substituted contract
C- contract or covenant not to sue
A- accord & satisfaction
N- novation

Question 4

A contract is rescinded and both parties’ nonperformance excused when

Answer 4

(1) an unexpected or extraordinary event makes it impossible or impracticable for one or both parties to perform
(2) the contract was formed under a basic assumption that the event would not occur
(3) neither party was at fault in causing the event to occur

Question 5

How are state laws that discriminate against foreign commerce reviewed

Answer 5

with the utmost scrutiny and are almost always invalid since it is imperative that the country speak with one voice in foreign affairs

Question 6

Bills of attainder

Answer 6

ie. legislative acts that inflict punishment on specified individuals without a trial

Question 7

Residential option to purchase under RAP

Answer 7

almost always void unless it is set to terminate within the perpetuities period

Question 8

State-action doctrine

Answer 8

private actor is treated as a government actor and bound by the Const. when the government is significantly involved in the private actor’s activities

note: mere government regulation or funding does not make a private parties’ actions attributable to the state

Question 9

What can you do when a deponent refuses to answer a question

Answer 9

file a motion to compel a response

nonparty- must file in the district where the deposition occurred

party- must file motion where the lawsuit is pending

Question 10

Protective sweep

Answer 10

police can conduct a quick warrantless search of the premises made incident to an arrest if they reasonably suspect that a dangerous person may be on the premises and the sweep is limited to places where a person may be found

evidence found in plain view during this sweep may be seized without a warrant

Question 11

Due process requires that guilty pleas be

Answer 11

(1) voluntary - a free and deliberate choice , and
(2) knowingly and intelligently - with sufficient awareness of the nature and essential elements of the charged offense, the ranges of possible punishment, and the constitutional rights being waived

Question 12

Nonconforming standard for installment contracts

Answer 12

substantial-impairment rule

allows a buyer to reject nonconforming goods in an installment contract when the nonconformity
(1) substantially impairs the value of that shipment and
(2) cannot be cured

buyer may also cancel the entire contract if the nonconformity substantially impairs the value of the contract

Question 13

Federal question jurisdiction

Answer 13

subject-matter jurisdicition exists if there is federal-question jurisdiction

federal question = case arises under the Constitution, a federal law, or a treaty

(does not have to meet amount in controvery or diversity)

Question 14

Defenses to negligence per se

Answer 14

D’s violation of a statute or ordinace will be excused if they present evidence that they used reasonable care or were incapacitated.

Violation of law excused by:
- use of reasonable care
- incapacity
- need to avoid a greater risk of harm
- impossibility of complying
- vaugeness of law
- reasoanable ignorance (rare)

Question 15

cy pres doctrine

Answer 15

allows a court to reform a conveyance to coma as close as possinle to the grantor’s intent while staying within the bounds of RAP

eg. reducing the time limit for a future interest to vest to 21 years after the end of the last life in being when the interest was created

Question 16

What defenses can be asserted at any time before the end of trial?

Answer 16

(1) failure to join a required party
(2) failure to state a claim on which relief can be granted

Question 17

When can consequential damages (loss of profits) be recovered?

Answer 17

Only when the nonbreaching party proves the dollar amount within reasonable certainty

Question 18

When is a defensants confession involuntary?

Answer 18

If under the totality of the circumstances, the confession was the product of coercive police conduct

Question 19

Is a confession induced by the defendant’s mental condition admissible?

Answer 19

Yes, if there is no police coercion, it is admissible

Question 20

In a public forum, the governement’s time, place, or manner restrictions on speech must

Answer 20

(1) be narrowly tailored to serve a substantial governemnt interest and
(2) leave open ample alternatice channels of communication

Question 21

Substantive vs. procedural issues for choice-of-law

Answer 21

Substantaive :
-legal rights & duties

Procedural:
-processes & procedures

Question 22

When is an Erie analysis used?

Answer 22

when it is unclear if an issue is procedural or substanative and no direct federal law applies

Question 23

Erie analysis

Answer 23

state law applies if:
(1) the outcome is determanative
- forum- shopping or inequitable administration of the laws would result if it is not applied, and
(2) there is no countervailing federal policy interest

Question 24

Can a purchase option within a lease be assigned seperatelt from the lease?

Answer 24

In most jurisdictions, no

Question 25

When may a party in a contract request written assurances

Answer 25

Under UCC, a party with reasonable grounds for insecurity has the right to make a written demand for assurances that the other party will preform the contract

Question 26

How long do you have to answer a written demand for assurances

Answer 26

assurances must be given within 30 days otherwise it constitutes an anticipatory repudiation

Question 27

Informed consent doctrine

Answer 27

a physician who failed to disclose the risk of a medical treatment or procedure to a plaintiff is liable for negligence if
(1) the failure to disclose caused the plaintiff to consent and
(2) the undisclosed risk materialized and resulted in physical harm

Question 28

When can extrinsic evidence about an inconsistent statement be used to impeach a witness

Answer 28

extrinsic evidence for an inconsistent statement is admissible if:
(1) if the impeached witness has the opportunity to explain or deny it, and
(2) the adverse party can examine the witness about the inconsistent statement, or
(3) if justice so requires

Question 29

Authentication of an item of evidence that is a physical representation of something that could not otherwise be seen requires proof that

Answer 29

(1) the process for creating the evidence was accurate
(2) the machine that produced the evidence was working properly, and
(3) the operator of the machine was qualified to operate it

Question 30

A nonmovant can avoid summary judgement by either:

Answer 30

(1) presenting evidence to support that issue through affidavits, declarations, discovery, or other materials containing admissible evidence or
(2) requesting that the court postpone consideration of the motion until additional discovery can take place and including an affidavit or declaration that describes the desired discovery and why it is needed

Question 31

Congress has the power to regulate and make exceptions to the U.S. Supreme Court’s appellate jurisdiction under

Answer 31

Article III

Question 32

When reviewing a trial court’s ruling on a motion to suppress, what standard should an appellate court use for findings of historical fact

Answer 32

The appellate court should accept the trial court’s findings of historical fact unless they are clearly erroneous

Question 33

When reviewing a trial court’s ruling on a motion to suppress, what standard should an appellate court use for conclusions of law

Answer 33

De novo review

Question 34

Final-judgement rule

Answer 34

bars federal appellate courts from hearing an appeal until the district court has entered a final judgement (decision that fully resolves the dispute on the merits and simply requires the district court to enforce the judgement)

Question 35

Most final judgements are automatically stayed for 30 days unless the court orders otherwise. This rule does not apply to orders:

Answer 35

(1) granting an injunction or receivership or
(2) directive an accounting in a patent-infringement action

*these orders can be enforced and executed immediately

Question 36

A party’s failure to adequately respond to a request for admission within 30 days after being served has what result

Answer 36

the matter will be conclusively established in the action

Question 37

State-action doctrine

Answer 37

private actors are treated as government actors when they perform a traditional government function or the government is significantly involved in their activities

*government accreditation, funding, or regulation - no matter how substantial- does not trigger this doctrine

Question 38

Political-question doctrine

Answer 38

federal courts cannot decide issues that:
(1) the Constitution reverses to the other branches of government or
(2) lack judicially discoverable and manageable standards for resolution

Question 39

Transfer of a nonnegotiable promissory note vs negotiable promissory note

Answer 39

nonnegotiable promissory note - must be transferred by a separate document
negotiable promissory note- can be transferred by endorsing and delivering the note

Question 40

Attempt elements

Answer 40

Attempt is an inchoate offense that requires proof that the D:
(1) had the specific intent to commit a crime
(2) performed an overt act in furtherance of the intended crime, but
(3) did not complete the crime