Rules

Question 1

Legal Claims are tried first to jury. Equitable claims to judge. Order reversed in CA

Question 2

Handwriting verification requires familiarity before the litigation began and not for the sole purpose of testifying. Voice recognition does not.

Question 3

Documents affecting an interest in property are admissible if they are relevant to the purpose of the document

Question 4

State and local governments cannot tax or regulate activities of the federal government (intergovernmental immunity).

Door-to-door solicitation is protected by 1st Amendment

Question 5

Bill of attainder declares punishment without trial (designated by name or in terms of past conduct).

Question 6

Impracticability due to excessive and unreasonable difficulty or expense is a defense to breach of contract for nonperformance (assuming it is not a risk that would have been assumed such as destruction of building before completion).

Question 7

Promise to forbear suit on a claim that the promisor honestly and reasonably believes to be valid is good consideration to support an agreement, even if the claim ultimately turns out not to be valid.

Mutual mistake is not a defense when the adversely affected party bore the risk that the parties’ assumption was mistaken. To be a defense, it must be a true mistake, not merely and uncertainty.

Question 8

Parents not vicariously liable for conduct of child. Can be liable for their own negligence (in not exercising due care over child). No general tort immunity for children.

Question 9

Voluntary intoxication can negate specific intent needed for crimes like robbery and thus would also negate felony murder

Question 10

6th Amendment right to counsel does not apply in pre-charge interrogations and is offense specific.

Question 11

When a servient parcel is transferred, its new owner takes it subject to the burden of the easement unless is a BFP with no notice of the easement.

Question 12

If landlord terminates main lease for nonpayment of rent, it terminates a sublease too.

Question 13

Recorded easement provides constructive notice regardless of absence of tract index

Question 14

A court is entitled to call a witness on its own, but the parties are entitled to cross-examine.

Question 15

Witness may be impeached on cross-exam with respect to any act of misconduct that is probative of truthfulness.

Question 16

Where the seller is a merchant, the risk of loss does not pass to the buyer until the buyer takes physical possession of the goods

Question 17

Option to purchase can be conveyed

Question 18

Statutory right to redemption is available after foreclosure. An equitable right exists prior to foreclosures

Question 19

A tax applicable only to the press or based on the content of a publication will not be upheld absent a compelling justification

Question 20

Once a buyer has accepted the goods, right to reject generally lapses and only remedy is suit for damages.

Question 21

Common carriers owe a nondelegable duty to provide a safe vehicle

Question 22

Attempted murder is a specific intent crime. Intent to kill is required.

Question 23

If police have probable cause to arrest a person discovered on the premises, despite not being named in the warrant, they may do so.

Question 24

Negligent representation requires misrepresentation by defendant involved in their business or professional capacity.