U World Assessment #2 Block

Question 1

Compensation for takings requires

Answer 1

GOVERNMENT to pay just compensation, NOT private individuals (based on FMV of land)

Note: Just compensation required for ANY taking (no matter how small)

Question 2

Durational residency requirements are subject to

Answer 2

strict scrutiny if they infringe on the fundamental right to interstate travel

Question 3

Congress may expand SCOTUS’ appellate jurisdiction but may not expand

Answer 3

SCOTUS’ original jurisdiction

Question 4

21 day safe harbor for Rule 11 Sanctions is applicable when

Answer 4

an opposing party moves for sanctions, but NOT when the court imposes (having shown cause)

Question 5

A scheduling order may be modified if

Answer 5

(1) the moving party shows good cause (acted diligently to meet the order’s scheduling deadlines but was unable to do so), and
(2) judge consents

Question 6

When a party asserts a counterclaim, a crossclaim, or a third party claim, the pleadings do not close until

Answer 6

an answer to that claim has been filed

Question 7

In a motion for judgement on the pleadings, a court may consider

Answer 7

matters of public record and the contents of the pleadings (including attached exhibits)

Question 8

Standard of proof to assess a motion for renewed JMOL is

Answer 8

whether there is legally sufficient evidence to support the verdict

Question 9

Ambiguous terms in a contract are interpreted __, but a contract which is silent as to a term ___

Answer 9

against the party who drafted the contract

has a term supplied which is reasonable for both parties under the circumstances

Question 10

While modifications of a K under common law require new consideration, it may not be required if

Answer 10

the modification is fair and equitable in light of unanticipated circumstances

Question 11

When a seller breaches a contract by failing to deliver goods or by anticipatory repudiation, and the buyer chooses to cover, the buyer can recover

Answer 11

the cost of cover, incidental damages, and consequential damages

Question 12

A contract is divisible if

Answer 12

(1) the parties’ duties can be broken down into at least two corresponding pairs of performances, and
(2) those pairs of performances can fairly be regarded as agreed equivalents

Question 13

With regards to intended beneficiaries, a party may assert any defense or claim against the beneficiary that

Answer 13

the party could have against the other contracting party

(e.g. A agrees to pay B for prior debt of C. If C breaches, A can raise breach claim against B and reduce amount owed under K)

Question 14

Under the merger doctrine, acceptance of a warranty deed extinguishes

Answer 14

all the seller’s contractual promises relating to the quality of TITLE (not physical condition)

Question 15

To avoid the consequences of acceleration, a party must pay

Answer 15

the entire accelerated amount (e.g. NOT just the delinquent amount)

Question 16

If an easement’s location is not specified, a servient-estate owner may

Answer 16

fix the easement to a reasonable location

Question 17

A fixture is

Answer 17

tangible property so attached to the real property that it is treated as part of the real property when determining its ownership

Question 18

When there is a conflict of law issue in a case involving real property, the general rule is

Answer 18

to apply the law of the situs state (where the property is located)

Question 19

Title insurance policies protect

Answer 19

the named insureds and their heirs, or devisees

(ALSO protects persons who receive the insured property from the named insured or insured’s devisees or heirs by warranty deed)

Question 20

Brokers owe their principal (either buyer or seller)

Answer 20

fiduciary duties of loyalty, disclosure, and confidentiality

Question 21

After-acquired title applies when

Answer 21

a grantor conveys property by warranty deed before acquiring title to that property (once grantor receives title, it will automatically transfer to the earlier grantee)

Question 22

Defense counsel MUST inform the defendant of the possibility that

Answer 22

a guilty plea may affect the defendant’s immigration status

Failure to do so constitutes deficient performance

Question 23

Under the doctrine of transferred intent (as applied to homicide)

Answer 23

specific intent to kill one person will be transferred to the person actually harmed by the defendant

Question 24

A warrant is generally required to collect

Answer 24

historic cell-phone site location data, even if it held by a third party (an exception to the general lack of REP defendants have concerning information given to 3rd parties)

Question 25

All known charges against the defendant do not

Answer 25

need to be brought in the same prosecution

Question 26

Attempted and completed crimes do not merge when

Answer 26

they have different victims

Question 27

8th amendment cruel and unusual punishment limitations prevents

Answer 27

(1) death penalty for: juveniles, intellectually deficient persons, adults convicted of non-homicide offenses

(2) No LWOP for juveniles convicted of non-homicide offenses

(3) No mandatory LWOP for juveniles convicted of homicide offenses

Question 28

A defendant convicted on a lesser offense may not be retried on

Answer 28

the greater offense during appeal (D is effectively acquitted on the greater charge)

Question 29

Trespass to chattels arises when a defendant

Answer 29

intentionally interferes with a plaintiff’s possession of a chattel

Question 30

A plaintiff cannot recover damages for purely emotional distress (as opposed to emotional coupled with physical injury or property damage) unless

Answer 30

the plaintiff establishes NIED

Reminder:
-Zone of Danger = D’s negligence put P in danger of immediate bodily harm + D caused P serious emotional distress

-Bystander = D’s negligence injured P’s close relative, P contemporaneously perceived event, event caused P emotional distress

Question 31

Strict products liability requires proof of

Answer 31

physical harm (e.g. bodily harm or property damage)

Note: Damage to ONLY the product itself does NOT constitute property damage (would be economic and thus not protected under SL theory)

Question 32

A trial court has broad discretion to

Answer 32

exercise reasonable control over the mode and order of examining witnesses and presenting evidence

Question 33

Statements made during compromise negotiations in a civil dispute that are offered in a subsequent criminal prosecution are prohibited unless

Answer 33

the negotiations involved a government regulatory, investigative, or enforcement agency

Question 34

Evidence of an organization’s routine practice is admissible to prove

Answer 34

organization acted in accordance with that practice on a particular occasion (like habit)

Question 35

The Federal Rules of Evidence, except those relating to privilege, do not apply to

Answer 35

probation revocation hearings OR grand jury proceedings

Question 36

Extrinsic evidence of a statement is admissible to impeach (e.g. testimony of another to impeach what a witness just said) if

Answer 36

(1) the witness has a chance to explain or deny, and the opposing party can question the witness about it, OR
(2) justice so requires

Question 37

A prior inconsistent statement may not be introduced as substantive evidence unless it is

Answer 37

excluded or excepted from the rule against hearsay