Things to improve upon

Question 1

School classrooms

School classrooms where open for public use (e.g., school clubs using for after school meetings)

Answer 1

Non public forums

Designated public forums (at the times when forum is open to public speech, subject to same restrictions as public forums). If content-based, will be subject to strict scrutiny. Not allowing religious student group to use space will violate.

Supreme court has held that school that opens its facilities to religious speech or assembly under content-neutral policy does not violate the Establishment Clause

Question 2

DCC; discrimination test and examples

Answer 2

if regulation discriminates against out of state competitors (businesses and consumers) in favor of local economic interests

e. g., X% of goods
e. g., exception to permitting requirement for in-state consumers only (coal power plant example)

Question 3

Strict liability (e.g., viscous dog example)

Answer 3

Plaintiffs must be foreseeable! e.g., forseen a risk of harm under circumstnaces

Question 4

Common carrier - like cab driver - and independent contractor (e.g., mechanic)

Answer 4

Can’t delegate duty to make business premises safe. Here, cab is premise, so negligence on part of mechanic can be attributable thorugh vicarious liability to the cab company

Question 5

Acceptance & nonconforming

Answer 5

Once you accept the non-conforming goods (e.g., wallet MBE example) you cannot try to revoke acceptance, you can only sue for damages

Question 6

Protecting local businesses

Answer 6

If there’s a tax that applies to only breweries and distillaries advertisements in newspapers, and the state has wineries but no breweries, that’s not going to discriminate - it’s applicable to TYPES of something, not businesses/consumers of one state vs another

Question 7

Tax on press

Answer 7

if only applicable to press, or based on content of advertisements, likley won’t be upheld (need compelling reason)

General taxes on press/broadcasting companies fine

Question 8

Can’t waive right of redemption (Equity) which applies to being able to buyback before foreclosure sale BUT

Answer 8

Can waive it later for consideration? Lol

Also distinguish from statutory right, which applies AFTER the sale

Question 9

Contracts

Penalty clauses

Answer 9

Actual pentaly clausesa re not allowed;
Penalty clause that functions like a liquidated damages clause will be. Has to (i) actual damages difficult to estimate at time of contract formation and (ii) liquidated damages were reasonble
Note: even if there were no actual damages suffered, liquidated damages provisions will stand if the two requirementse are met

Question 10

Torts

Implied Consent

Answer 10

D is not liable for otherwise torious act if P consented to act;

Consent may be implied in law where necessary to protect important interest in property or person

Question 11

Tort
False imprisonment
Omission

Answer 11

P under D control, can’t leave without assistance, understood that that assistance woudl be provided, and then it is not

Under duty to provide means of escape and fail to do so

Question 12

Torts

If the prompt mentions a statute

Answer 12

Think Negligence Per Se!

Question 13

Contracts

Anticipatory repudiaton statements

Answer 13

Unequivocable words or coduct indicating will not perform when time comes

4 options: (1) immediatley sue, (2) wait until performance date (suspend performance) and sue then; (3) treat as offer to rescind and contract is discharged and (4) ignore the repudiation and urge promisor to perform