Test 1

Question 1

Tenancy in common

Answer 1

A tenancy in which each co-tenant has a separate and possibly unequal interest in the property with NO right of surviorship

Question 2

Joint tenancy

Answer 2

a tenancy in which each co-tenant has an undivided and equal interest in the property WITH the right of survivorship

Not devisable (by will) or
Inheritable 

Can be conveyed during tenant’s lifetime w/o other tenant’s consent

Question 3

Tenancy by the entirety

Answer 3

a joint tenancy between married people

Not transferable during the tenant’s lifetime

Question 4

Crossclaims

Answer 4

Claim for relief against a coparty

Permissive (not compulsory) and can only be asserted if they arise from the same transaction or occurence

Question 5

Relevant evidence

Answer 5

If the evidence has any tendency to make a material fact more or less probable that it would be without that evidence

Remember, run through this first before attacking other bases of not letting evidence in

Question 6

When do you have the right to a jury trial?

Answer 6

Applies to serious crimes (more than 6 mo of imprisonment) OR a sentence less than 6 mo if additional penalties are so severe that legislature likely intended for crime to be serious

Question 7

Composition of the jury

Answer 7

Jury pool - fair cross section of community

Must be impartial and unbiased

Question 8

Size of juries (state)

Answer 8

At least 6 members

Question 9

Size of juries (federal)

Answer 9

12 members (unless parties stipulate otherwise)

Question 10

Jury verdicts

Answer 10

must be unanimous

Question 11

When can criminal trial proceedings be closed to media/public?

Answer 11

When court demonstrates that the closure satisfies strict scrutiny

Question 12

Strict scrutiny

Answer 12

Least restrictive means to serve a compelling government interest

Question 13

Cy Pres Doctrine

Answer 13

Allows the court to make changes to a conveyance to come “as close as possible” to the grantor’s actual intent without violating RAP (few jurisdictions)

Question 14

“Wait and See” stance

Answer 14

Otherwise invalid interest is valid if it vests within 90 years of its creation

Question 15

Rule Against Perpetuities

Answer 15

Applies to contingent futures in grantees. RAP renders these interests void if they could vest more than 21 years after the end of some life in being when the interest was created

Question 16

Standing

Answer 16

What a plaintiff needs to be heard in federal court

P needs a personal stake in the outcome of the case. (injury in fact, causation, redressability)

Question 17

Injury in fact

Answer 17

actual or imminent harm that is concrete and particularized

Question 18

Causation

Answer 18

Injury is fairly traceable to D’s challenged conduct

Question 19

Redressability

Answer 19

A favorable judicial decision will likely remedy or prevent injury

Question 20

Tenancy at will

Answer 20

Tenancy with no fixed term that can be created by express agreement or by implication if the tenant occupies the premises rent free

Generally continues until terminated by either the LL or T

Question 21

When does a tenancy at will terminate automatically?

Answer 21

When the LL conveys a PRESENT interest in the property to a third party

FUTURE interest - tenancy continues (future holder has NO RIGHT to terminate the tenancy)

Question 22

Recorded Recollections

Answer 22

Allows a record to be read/played into evidence if it:

• Concerns a matter that a witness once knew but cannot recall at trial
• Was made or adopted by the witness when the matter was fresh in his/her mind, and
• Accurately reflect the witness’s personal knowledge at the time it was made

Question 23

Appellate standard of review - Legal Issue

Answer 23

(conclusions of law)
(jury instructions)

De Novo. No deference. Reverse if reasonable belief judge misinterpreted law

Question 24

Appellate standard of review: Fact Issue (Bench trial)

Answer 24

(credibility of witnesses)
(factual determinations/verdict)

High deference. Reverse if NO reasonable judge would have made that finding

Question 25

Appellate standard of review: Fact Issue (Jury trial)

Answer 25

(credibility of witnesses)
(factual determinations/verdict)

High deference. Reverse if no reasonable jury would have made the finding

Question 26

Appellate standard of review: Discretionary Ruling

Answer 26

(injunctions)
(admissibility of evidence)
(sanctions)

High deference. Reverse if decision was unreasonable/arbitrary

Question 27

Intentional trespass

Answer 27

Intentional entry onto P’s land, without P’s consent. No harm required.

Question 28

Intentional trespass: Intent to enter

Answer 28

Either (1) the purpose to enter P’s land or (2) the knowledge that the entry is substantially certain to occur

Question 29

Reckless trespass

Answer 29

reckless entry onto p’s land, without P’s consent, causing harm to land or P

Question 30

Negligent trespass

Answer 30

Negligent entry onto p’s land, without p’s consent, causing harm to land or P

Question 31

Congress’s Taxing Power; Direct Taxes

Answer 31

Must be:

• Apportioned evenly among states, and
• Reasonably related to revenue raising

Question 32

Congress’s Taxing Power: Indirect Taxes

Answer 32

Must be:

• Uniformly applied in every state, and
• Reasonably related to revenue raising

Question 33

Congress’s Taxing power: Export taxes

Answer 33

Always unconstitutional

Question 34

Congress’s Spending Power

Answer 34

Funds must be spent for general welfare.

Conditions on receipt of funds must:

• be clearly stated and unambiguous
• Be reasonably related to federal interest in funded program
• not require states to engage in unconst. activity and
• not unduly coerce states into accepting

Question 35

Sanctions: Fines

Answer 35

Can be imposed and upheld even if P allowed to amend pleadings and it is accepted by judge. Must not be unreasonable or arbitrary, however

Question 36

General Assignment of an entire contract

Answer 36

Construed as both an assignment of rights and a delegation of duties to a non party (can give goods and has right to receive payment from buyer)

Question 37

Installment K: nonconforming shipment

Answer 37

buyer may reject shipment only if nonconformity:

• Substantially impairs value of that shipment to buyer AND
• Cannot be cured

Question 38

Installment K: Cancelling K

Answer 38

Buyer may cancel K if nonconformity substantially impairs value of entire K to buyer

Question 39

Common Law Burglary

Answer 39

(1) Unlawful breaking and entering of another’s structure or dwelling
(2) W/ specific intent to commit felony therein

Question 40

Larceny

Answer 40

Felony

(1) when a person unlawfully takes and carries away
(2) another’s personal property
(3) with specific intent to permanently deprive owner of it

Question 41

Innocent Agent

Answer 41

Person who lacked mens rea but was tricked into committing the crime

Question 42

Defamation (libel or slander)

Answer 42

To establish, requires:

(1) D knowingly made false statement about P or negligently failed to determine falsity
(2) That type of statement would tend to harm P’s reputation
(3) D intentionally or negligently communicated (published) that statement to a third party

If person reasonably believed, not liable

Question 43

Tenancy in common

Answer 43

Shared ownership of property where each co-tenant has a separate share of the property, but the right to possess and enjoy the entire property (separate but undivided interests)

Question 44

What can P recieve for intentional, harmful trespass?

Answer 44

Compensatory damages, punitive damages, and/or injunctive relief