UWorld Block 1 Questions

Question 1

Between two merchants, if a seller ships the goods asked for by the buyer, and then later tries to add a term that was not in the buyer’s original offer, does the new term come in?

Answer 1

NO. Acceptance by shipment is is an immediate acceptance of the terms of the offer.

Question 2

If under supplemental jurisdiction, the court dismisses the original jurisdiction question, may the court still hear the supplemental claim?

Answer 2

it MAY but does not need to

Question 3

The forum defendant rule (which prevents removal by def if forum court is in state where defendant is a citizens) applies under which type of subject matter jurisdiciton?

Answer 3

ONLY DIVERSITY. If federal question –> can remove even if forum court is in defendant’s home state

Question 4

Does a defendant that fails to raise personal jurisdiction in their answer waive the defense if they raise it in an amended answer within 21 days without court’s permission?

Answer 4

NO

Question 5

May the court consider an objection made after the court instructs the jury?

Answer 5

Yes if instruction constituted plain error

Question 6

A party’s objection to jury instructions is timely if made when?

Answer 6

Before the court instructs the jury

Unless it is plain error then the court may hear the objection even if done after

Question 7

What substantive law rules must a federal court sitting in diversity jurisdiction apply?

Answer 7

the choice of law rules of the state in which it sits

Question 8

when a counterclaim arises out of the same transaction or occurrence and does not require adding additional parties that claim is

Answer 8

COMPULSORY

Question 9

By whom can a writ of habeus corpus be issued if the person is in federal custody

Answer 9

By a federal court judge

state courts are prohiited from doing this if federal custody

Question 10

Does the First Amendment freedom of the press shield the press from state law claims?

Answer 10

No. If they breached a contract, they can be sued for breach of contract even if incidentallya affects their ability to gather and publish news

Question 11

Courts lack judicially discoverable and managable standards to resolve diplomatic recognition except where

Answer 11

it concerns the validty of a federal statute

Question 12

To determine if congress can regulate an activity pursuant to commerce power bc substantial effect to interstate commerce, what do you consider?

Answer 12

• If the activity is economic in nature (substantial effect presumed)
• limits reach to activities in direct connection to interstate commerce
• express congressional findings that activity substantially affects interstate commerce and
• strong link between activity & effect on interstate commerce

Question 13

If an activity is non-economic and has no strong link to interstate commerce, can congress regulate it?

Answer 13

NO

Question 14

Does congressional participation in the removal of federal officers violate the separation of powers?

Answer 14

YES (unless congress is excercising power to impeach)
Removal belongs to the president except when the officer
* belongs to multimember body that is balanced along partisan lines and exercises no executive power or
* lacks policymaking or administrative authority

Question 15

If a state taxes an affilliate of federal government such as an employee or contractor, is the tax valid?

Answer 15

Yes unless
* congress grants immunnity or
* discrimination against fed gov or the affiliate or
* * if a law is generally applicable it does not discriminate
* substantial interefence with federal purpose or duties

Question 16

If you see a regulation by a state that is nondiscriminatory, is it barred by the dormant commerce clause?

Answer 16

NO unless the regulation’s burden on interstate commerce clearly exceeds its local benefits

Question 17

When both parties are merchants additional terms are

Answer 17

added by the battle of the forms rule and are added
*unless *
a. the terms materially alter the agreement,
i. surprise or hardship if incorporated without the express awareness of the other
b. the offer expressly limits acceptance to the terms of the offer, or
c. the offeror objects to the new terms within a reasonable time after notice of the new terms is received

Question 18

When there is a nonmerchant, new terms are

Answer 18

merely proposed additions

Question 19

The price term is an essential term that is covered in the contract if

Answer 19

the terms are sufficiently certain and definite

Question 20

What is the difference between Duress and Undue Influence contract defenses?

Answer 20

Both render a contract voidable but
Duress occurs from
* improper threat or force that left party with no reasonable alternative but to succcumb

Undue influence result from
* Assent that stems from unfair or excessive PERSUASION by someone who dominates or holds a special relationship of trust and confidence with assenting party

Question 21

in an employment contract where the employees salary is not agreed upon, is the contract enforceable?

Answer 21

NO because salary is an essential term in an employment contract and is thus too indefinite to be enforced

Question 22

An agreement for lfietime employment is or is not subject to the statute of frauds?

Answer 22

IS NOT because it could be eprformed within a year if the employee retires or dies within one year

Question 23

When can a court reform a contract as a remedy?

Answer 23

MISREPRESENTATION
* one party makes untrue assertion of fact that is fraudulent or material and
* adversely affected party justifiably relies on that misrepresentation
MUTUAL MISTAKE
* both parties are mistaken as to contract’s contents or legal effect
* had a prior agreement either oral or written and when the parties put that prior agreement into writing they made a mistake which caused difference between the agreements
UNILTAREAL MISTAKE
* one party is mistaken bc other pty intentionally misrepresented contracts content or legal effect
* adversely affected party justifiably relies on that misrepresentation

Question 24

Parol evidence will not bar admission of evidence for

Answer 24

• condition precedent
• trade custom dealing
• fraud
• grounds for reformation

Question 25

Once an oferree accepts an offer by beginning performance, is there an enforceable contract?

Answer 25

Yes it creates an option contract that prevents offeror from revoking offer

Question 26

Mutual mistake makes a contract voidable by the adversely affected party if (1) basic assumption of k (2) materially affects agreed upon exchange of performances–not fair to carry it out and (3) adversely affected party did not assume the risk of the msitake. When does 3 happen?

Answer 26

When the party proceeds with concious ignorance, when contract expressly allocated risk, or when court allocates risk to party bc reasonabel under circumstances

Question 27

When is a party required to disclose a known fact?

Answer 27

When the nondisclosing party knows that disclosure is necessary to prevent previous assertion from being a misrepresentation –> nondisclosure of a known fact is treated as an untrue assertion if would prevent misrepresentation

also to correct mistake as to basic assumption of k or writing that embodies agreement, and when fiduciary relationship

Question 28

When should the court instrut the jury on a lesser included offense? Can it do so even if prosecution does not bring the charge?

Answer 28

1. When the evidence presented at trial would allow a rational jury to acquit the defendant of the charged offense but convict them of the lesser offense
2. YES the court can instruct on a lesser offense even if the prosecution objects to it and did not bring the charge

Question 29

Under attempt, is mere preparation to commit a crime enough to constitute an overt act?

Answer 29

NO.
* Under dangerous proximity test (common law) the defendant performs ana ct sufficiently close to completinf the crime – an indispensable act to the crimes success an act close in time or physical proximity of the crime
* Under substantial step test D’s conduct must exceed mere prepration and strongly corroborate the defendants criminal intent (surveiling place where crime is to occur)

Question 30

An exigent circumstance justifies warrantless police conduct where there is probable cause of (list three scenarios)

Answer 30

• Evanescent evidence: imminent threat that relevant evidence will be destroyed
• Hot pursuit: a suspect is fleeing after a felony occured
• Emergency situation/aid: there is an immediate threat of harm to the police and/or public
• this exists even if the person requiring aid is the suspect

Question 31

4th amendment search occurs when police

Answer 31

Physically intrudce upon a constitutionally protected area—a persons body hosue papers or effects to obtain info or
invade a persons reasonable expectation of privacy

Question 32

Under the special government purpose warrant exception, can routine procedures include swabbing cheeks of individuals arrested to identify their DNA during routine booking procedures after an arrest?

Answer 32

Yes

Question 33

If an attorney’s representation fell bellow an objective professional standard of reasonableness and there is a reasonable probability of a different outcome but for deficiency in counsels assistance, was the assistance of counsel ineffective?

Answer 33

YES

Question 34

What is the standard of care that an attorney representing a defendant charged with a capital offense has to follow?

Answer 34

The attorney has a duty to conduct a reasonable invetigation to determine if there are mitigating facts for the penalty phase that may lead to a different sentencing outcome i

Failure to investigate –> DEFICIENT PERFORMANCER

Question 35

Is evidence showing conciousness of guilt relevant?

Answer 35

Yes
example: person flees country after being charged –tends to make material fact of guilt more or less probable than without the evidence

Question 36

What two requirements must be met for expert witness testimony to be admissible?

Answer 36

Relevancy
* will help trier of fact (1) understand the evidence OR (2) determine a fact in issue AND
Reliability
* the testimony is (1) based on sufficient facts or data AND (2) the product of reliable principles and methods that the expert reliably applied to the facts of the case —> must be proven by party seeking to admit by a preponderance of the evidence** for the court** not the jury

Question 37

The hearsay exclusion of a co-conspirator as a party opponent statement is proper when

Answer 37

it was made by a party’s coconspirator during and in furtherance of the conspiracy –> makes it attributable to that party BUT the statement must be part of the flow of information BETWEEN the coconspirators intended to help each other perform their role

Question 38

When does statement against interest apply? Is trustworthiness important?

Answer 38

Statement against interest applies when an unavailable declarant makes a statement that exposes them to criminal liability and corroborating circumstances clearly indicate the statements trustworthiness

If a statement was motivated by a desire to gain favor with police during interrogation –> not trustworthy

Question 39

How must physical objects (mail, clothing, receipts) be authenticated?

Answer 39

By sufficient evidence (prima facie) that the objects are what the proponent claims them to be.
* can be done through testimony of someone w personal knowledge of object

Question 40

Can a witness’s trial trstimony on a material issue be impeached with a PSI instrinsically and extrinsically?

Answer 40

YES but extrinsic evidence of PSI is only admissible if witness has
* an opportunity to explain or deny
* opposing party can question the witness about the statement

Question 41

Can a creditor accept a deed to a house that it has a morrgage on and relieve the mortgagor of liability?

Answer 41

Yes that is a deed in lieu of foreclosure and is valid if it is volutnary and credtior would receive uencombered title — allows mortgagee to take immediate possesion without formalities of a foreclosure sale

Question 42

A time is of the essence contract requires strict adherence to the time of closing, what if a party gets into an accident, is their failure to close on the due date justified?

Answer 42

NO because time is of the essence contracts must be strictly adhered to
time is of the essence K’s are created when
1. K states so
2. circumstances indicate that the aprties intend strict adhereance to closing date or
3. one party notifies the other within a reasonable time before closing

Question 43

Does a promissory note need to be signed by a third party mortgagor in order for the mortgage that they granted be valid and allow foreclosure upon that mortgage?

Answer 43

NO. A promissory note allows for personal liability, but a mortgage is valid if voluntarily given and allows foreclosure on mortgaged property even if no promissory note.

Question 44

Is consideration required to grant an easement?

Answer 44

NO that is IRRELEVANT

Question 45

What is exoneration? is it abolished in most states?

Answer 45

Has to do with a devisee who receives real property subject to an encumbrance and uses testators estate to pay the encumberance

IT IS abolished in most states

Question 46

Does assigning a note without a mortgage transfer both documents?

Answer 46

YES unless expressly prohibited, forbidden by statute or public policy, or if it increases the mortgagor’s duties, burdens, or risks

Mortgage follows the Note

Question 47

If a deed is made to a nonexistent grantee (they died), what is the effect of the deed?

Answer 47

It is VOID

Question 48

A principal who retains control over any part of the independent contractor’s work has a duty of

Answer 48

reasonable care if failed to do so –> direct liability for negligence

Question 49

If an independent contractor does something in a dangerously deceptive fashion without posting a warning, even though they did it in this manner under the instruction of a principal, can the indpenedent contractor be found liable?

Answer 49

YES both can be found liable

Question 50

When should a court deny a summary judgment motion?

Answer 50

When the evidence is legally sufficient for a reasonable jury to find against the moving party

Question 51

Does a mistaken belief that a defendant legally possesed the chattel absolve a defendant from liability for conversion?

Answer 51

NO conversion occurs when the defendant intentionally
* deprives P of posession of chattel or
* interferes w chattel so that P is deprived of the chattel’s use

it is sufficient that the person did the intentional act that caused the intereference

Question 52

When is a defendant privileged to use reasonable force to protect an individual from self harm?

Answer 52

When
* individual is unable to understand the nature and consequences of his actions and
* defendant reasonably beleives that individual is about to commit act likely to cause death or serious bodily harm to himself

Question 53

What is the traditional common law defense of assumption of the risk?

Answer 53

knowing about risk of harm and voluntary acceptance of risk of harm by plaintiff that BARS plaintiff’s recovery

Question 54

Under pure comparative negligence the majority view for assumption of the risk (majority rule)
is that

Answer 54

it reduces recovery by P’s proportionate share of fault

Question 55

When both parties’ obligations are conditioned on the other’s performance, and neither condition for performance is satisfied, is there a breach of K? Example: Seller must deliver in order for Buyer to pay and Buyer must pay in order for Seller to deliver but neither one performs

Answer 55

No, the parties duties are discharged because neither condition for performance was satisfied.

Question 56

If a party fails to suplement discovery without justification, can then they use that evidence that they failed to supplement to oppose a motion such as summary judgment?

Answer 56

NO use of evidence on a later motion is prohibited if the party failed to properly disclose or supplement earlier mandatory discovery materials.

As such, the court may not use the affidavit to determine whether a genuine issue of material fact exists in the record.

Question 57

Can one co-tenant enter into a boundary line agreement without the other co-tenant’s approval?

Answer 57

NO that would alter the co-tenants legal rights in the property without their permission which is NOT allowed

• it will only affect the legal rights of the co-tenant that did sign, not the other

Question 58

Are states required to recognize an insanity defense? If a state does, can it shift the burden to the defendant to prove it as an affirmative defense?

Answer 58

States are NOT required to recognize an insanity defense
If they do they MAY shift the burden to the defendant

Question 59

Are all administrative searches of commercial establishments constitutional without a warrant?

Answer 59

No, NOT ALL.

• The industry must be closely regulated
• the regulations allowing the searches must be necessary to further valid governmental interests and
• the discretion must be limited

Question 60

Does impeachment evidence need to be turned in by the prosectuon?

Answer 60

Yes if it impeachment of a critical government witness

Brady: government must disclose any evidence favorable to the defendant that could affect the outcome of the case–> material exculpatory evidence includes this above

Question 61

If prosecution fails to disclose exculpatory evidence, including imepachment evidence of its own cirtical witness, can D’s conviction be overturned?

Answer 61

YES if the failure to disclose created a REASONABLE PROBABILITY of a different outcome —> reverse

Question 62

Counsel generally does not have to advise a D about all collateral conseuqneces of conviction, but do they have to advise about possibility of immigration consequences?

Answer 62

YES if they don’t then that is deficient performance as counsel

Question 63

Can a psychiatrist testify as to whether a defendant was legally insane?

Answer 63

No, an expert in a criminal case may NOT state an opinion about wheteher the defendant was legally insane at the time of the alleged crime.

May testify that they suffered from schitzophrenia but not that they were legally insane at time of the crime

Question 64

Is there a constitutional prohibition against testimony obtained under hypnosis?

Answer 64

NO

Question 65

Can an expert state that a defendant had been in fear for her life at the time of a killing or any other mental state at isue?

Answer 65

NO an expert may not state an opinion as to whether the defendant did or did not have the mental state at issue (constitutes an element of crime or defense) —> this is the exceptoon to being able to testify as to an ultimate issue because

Question 66

Does a real estate broker have a fiduciary duty to the seller?

Answer 66

Yes, they must make full disclosure of anuy interest the broke or a family member of the broeker may have in purchase of the property.

If broker’s family member purchaseres the property –> broker must disclose this to seller

If no disclosure –> broker forefits the commission

Question 67

In determining whether to set aside a jury verdict, is it sufficient that the verdict is against the weight of the evidence to grant the motion?

Answer 67

NO being against the weight of the evidence does not matter so long as there is a substantial evidence

Question 68

Can a conviction for a crime involving dishonesty come in against a witness or a defendant for impeachment?

Answer 68

YES
But if it is more than 10 years old (from date of release or date of conviction, which ever one is LATER) then NO unless
* probative value SUBSTANTIALLY outweighs the prejudicial effect and
* proponent gives adverse party reasonable notice

Question 69

Are subsequent remedial measures admissible to show feasibility of a precautionary measure when such feasibility is disputed?

Answer 69

YES but not to prove negligence, defect, culpable conduct, or to show a need to include a warning or instruction

Question 70

Are interrogatories only proper to discover facts?

Answer 70

NO The served party may also be asked to give opinions or contentions, even on the application of the law to facts

Question 71

Can a party serve interrogatories with the complaint?

Answer 71

No because in a federal law suit a party may not seek discovery from any source before the parties have conferred for their initial conference

initial conference: as soon as is practicable

Within 14 days of this meeting parties must submit their initial disclosures and proposed discovery plan

Question 72

What is circumstancial evidence of identity? Does it constitute hearsay?

Answer 72

A statement that is used as circumstantial evidence linking a person with an event, place, or object is not being introduced for its truth and therefore is NOT hearsay.

Example: A hotel receipt found on defendant’s person is circumstantial evidence that the defendant had been to the hotel and therefore is not hearsay; testimony by a prison guard that the inmates called the defendant by a nickname which the actual perpetrator of the crime also had

Question 73

If one party makes a misrepresentation and the other party justifiably relies on it in entering into a contract, can that party rescind the contract?

Answer 73

YES because the contract is now voidable

Question 74

May state courts may hear cases involving federal claims even if a federal court has not decided the issue?

Answer 74

YES State courts have the power to hear cases involving federal causes of action. Furthermore, a state court may not discriminate against a case solely because it arises under federal law.

Question 75

Where there is both a senior mortgage and a junior mortgage, modifications to the senior mortgage that are detrimental to the junior mortgage, such as raising the interest rate or the principal amount, will have what effect on the junior mortgage?

Answer 75

will give the junior mortgage priority

Question 76

When there is no evidence that multiple defendants contributed to Plaintiff’s harm in a negligence suit, can a motion for directed verdict be granted?

Answer 76

Yes because there is no evidence that the defendant’s are jointly and severally liable to the plaintiff.

If there was, then we would not need to know who did what and to which extent, as long as there is evidence that their acts together contributed (does not need to be simultaneous)

Question 77

What is the doctrine of alternative liability in torts?

Answer 77

when the plaintiff’s harm was caused by one of multiple defendants, but the
plaintiff does not know which of them caused it –> shift the burden of proof as to who caused the harm to the defendants

SO LONG AS
(i) it was a small number of defendants,
(ii) each defendant’s conduct was tortious, and
(iii) the defendants are all before the court in the proceeding.

If no proof that each D was tortious –> not applicable

Question 78

When deciding which jurisdiction’s preclusion law applies, courts will apply the preclusion law of the forum whose court

Answer 78

rendered the earlier judgment

if earlier judgment by
* state court, that state preclusion law applies,
* federal court that had federal question jurisdiction, federal preclusion law applies
* federal court having diversity jurisdiction, federal preclusion law applies, BUT federal law calls for applying the preclusion law of the state in which the federal court sits

Question 79

Can a motion for summary judgment be supported by matters outside the pleadings?

Answer 79

YES
a motion for summary judgment may be supported by affidavits, sworn statements, depositions, sworn pleadings, admissions, answers to interrogatories, or other materials in the record

Question 80

The point of expectation damages is to put the non-breaching party in a position as if the breach had not occurred. Does this include attorney’s fees?

Answer 80

NO

Question 81

Are mortgage agreements that dictate prohibitions on prepayment and prepayment fees enforceable?

Answer 81

YES
example: no prepayment for first two years and 5% down for prepayment amount

Question 82

When does a strict products liabiliy manufacturing defect occur?

Answer 82

When a product emerges from the manufacturing process
1. different from other products and
2. unreasonably dangerous or dangerous beyond the expectations of the ordinary consumer

Question 83

Pursuant to a valid treaty, can a president nullify state laws to comply with the terms of that treaty?

Answer 83

Yes because treaties are the supreme of the law and any state action or law cannot contradict that treaty

as long treaty not prohibited by any provision of the Constitution —> it is the supreme law of the land.

Question 84

What is required under a mutual discharge of duties as an account stated?

Answer 84

An account stated is when the parties agree to an amount as a final balance due that discharges all claims and mutual duties based on a good faith (honestly disputed) amount owed. Enforceable even if settlement amount is LESS than original K price

Question 85

Can parties stipulate to a five person jury?

Answer 85

Yes in exceptional circumstances, when the jury has suffered depletions past its alternates, the parties may agree to be bound by a verdict rendered by fewer than six jurors

Question 86

Individuals fundamental right to travel between states is protected by which amendment?

Answer 86

14th amendment privileges and immunities
people have a right to
(i) to leave and enter another state; and (ii) to be treated equally and enjoy the same privileges and immunities as other citizens of that state if they become permanent residents.

Question 87

Does a modification of a written K need to be in writing? What about a rescission?

Answer 87

yes a contract in writing may be altered or modified only by a subsequent writing but that does NOT apply to a subsequent agreement to rescind or abandon the contract

Question 88

Does a landowner owe a duty to an undiscovered trespasser?

Answer 88

NO

Question 89

If a state supreme court decides a case on its own independent grounds, but it cites the US constitution without relying on it, can the supreme court hear the case on appeal?

Answer 89

NO simply mentioning federal law does not mean that there is no AISG

The court will not hear a case if it finds adequate and independent non-federal grounds to support the state decision.
* The grounds must be adequate, meaning they are fully dispositive of the case,
* so even if the federal grounds are wrongly decided, it will not affect the outcome of the case.
* The state grounds must also be independent. Meaning, it is not based on any federal law.

Question 90

Which type of manslaughter did not exist at common law?

Answer 90

Involuntary manslaughter

Question 91

Once a witness has denied it, which of the two CANNOT be proved by extrinsic evidence, a prior bad act, or a prior inconsistent statement?

Answer 91

A prior BAD ACT CANNOT be proved by extrinsic evidence. Once denied, must accept the answer.

But a prior INCONSISTENT STATEMENT CAN be proved by extrinsic evidence once denied if
* witness has oppotunirty to be heard regarding it AND
* opposing party has opportunity to interrogate witness on it

Question 92

If a person both supplies a product and installs it, and the product is defective, can they be held strictly liable?

Answer 92

YES just becuase they provided a service does NOT preclude them from being held strictly liable if they supplied it in their ordinary course of business

a products liability claim based in strict liability includes (i) a commercial supplier of a product; (ii) producing or selling a defective product; (iii) actual and proximate cause; and (iv) damages.

Question 93

What does vicarious liability for an employers acts require?

Answer 93

Vicarious liability requires that an employee is acting within the scope of employment or that the tortious act was authorized or instructed by the employer

Question 94

What types of misrepresentation are grounds for rescission of a k?

Answer 94

both fraudulent and material misrepresentations
* A material misrepresentation can be innocent, but it is still grounds for recission

Question 95

“The court may admit evidence of the declarant’s inconsistent statement or conduct, regardless of when it occurred or whether the declarant had an opportunity to explain or deny it.” this is different from admitting extrinsic evidence of a witness’s prior inconsistent statement through extrinsic evidence because for a WITNESS it requires that

Answer 95

• witness has opportunity to be heard regarding it AND
• opposing party has opportunity to interrogate witness on it

AT ANY POINT

in florida: witness must FIRST be given opportunity to deny or explain it

Question 96

Assignment of a NOTE automatically assigns:

Answer 96

the MORTGAGE

Question 97

If after being properly requested to waive service, a party chooses not to waive service and does not show good cause, the court MUST order them to incur

Answer 97

costs imposed by the court based on making service and any motion associated with collecting costs

Question 98

Under the Fair Housing Act must a landlord make reasonable accommodations for such a disability and thus allow pets even if it is a “no pets” building?

Answer 98

YES

Question 99

Can a court dismiss a case for an invalid arrest under the fourth amendment?

Answer 99

NO
Although any evidence collected as a fruit of an unlawful arrest may be inadmissible at trial, dismissing the indictment would be an improper remedy. An invalid arrest not does preclude criminal prosecution

Question 100

Is an extension of time for filing a renewed JMOL allowed?

Answer 100

NO it is expressly prohibited

Question 101

To establish a claim of ineffective assistance of counsel, a defendant must show two things:

Answer 101

(1) that defense counsel’s performance was deficient (below objective standard of reasonableness) and (2) that the deficiency was prejudicial.

Question 102

In the penalty phase of a capital case, does defense counsel have a duty to conduct a reasonable investigation to determine whether there are mitigating facts for the penalty phase?

Answer 102

YES and failure to do so falls below standard
an attorney’s actions can only be defended as strategic if based on a REASONABLE investigation