Wrong Answers

Question 1

A Remainder - Walk Down

Answer 1

A future interest created in a transferee that is capable of taking imposition on the natural termination of the preceding estate. Remainder always follows a life estate.

A remainder will be classified as contingent if its taking is subject to a condition precedent or it is created in favor of **unborn or an ascertained **persons.

A remainder is vested if the beneficiaries are ascertainable and they’re taking in possession is not subject to a condition precedent.

A vested remainder created in the class of persons that is certain to take, but a subject to diminution by reason of others, becoming entitled to take, is a vested, remainder subject to open.

Vested remainders may be subject to total divestment, if possession is subject to being defeated by the happening of a condition subsequent.

Question 2

Accomplice liability EXCLUSIONS

Answer 2

• Members of a protected class : members of the class protected by a statute are excluded from accomplice liability
• Necessary parties not provided for: a party necessary to the commission of a crime by statutory definition, who is not provided for in the statute is excluded from accomplice liability
• Withdrawal: a person who effectively withdraws from a crime before this committee cannot be held guilty as an accomplice withdrawal must occur before the crime becomes unstoppable. The person must repudiate the encouragement and do everything possible to attempt to neutralize the assistance and notify the police.

Question 3

Covenants that Run With The Land

Answer 3

A covenant runs with the land, if the original parties intended and if the covenant touches and concerns the land.

 To touch and concern, the covenant benefits the landlord and burdens the tenant, or vice versa with respect to their interest in the property.

Question 4

Successors in interest to the burdened estate are bound IF

Answer 4

1. Parties must have intended that the covenant run with the land.
2. The original parties must have been in horizontal privity.
3. The succeeding party must be in vertical privity with the original promisor.
4. The covenant must touch and concern the land.
5. Generally, the burdened party must have actual or constructive notice of the covenant.

Question 5

Free Exercise Clause

Answer 5

Prohibits government from punishing someone on the basis of their religious beliefs or related religious status or conduct.

A law or other government conduct that discriminate on the basis of religion is subject to strict scrutiny. A law is discriminatory, if it is either not neutral on its face or facially neutral, but not generally applicable.

Does not requirereligious exemptions from generally applicable governmental regulations that happened to burden religious conduct.

A state may not limit eligibility for generally available, governmental benefits to the nonreligious organizations even if the state is not required to create a benefit, you may not exclude and otherwise qualified individual or institution based solely on the basis of their religious status. There is no compelling interest that would justify the exclusion .

Question 6

Indemnity (Torts)

Answer 6

Indemnification involved, shifting the entire loss between or among tortfeasors.

Indemnity is available in vicarious liability situations where one party is held liable for damages, caused by another simply because of his relationship to that person or a strict products liability for the non-manufacturer.

Typically applies when the paying defendant is much less responsible than the non paying defendant or is liable only vicariously because of the relationship with non paying defendant.

Question 7

Mutual Mistake

Answer 7

When both parties entering into a contract are mistaken about existing facts related to the agreement, the contract may be voidable by the adversely affected party If (i) the mistake concerns a basic assumption on which the assumption was made (ii) the mistake has a material affect on the agreed-upon exchange, and (iii) the party seeking avoidance, did not assume the risk of the mistake.

Question 8

Substantial Factors Test - Negligence

Answer 8

When several causes bring about injury, and any one alone would’ve been sufficient to cause the injury defendants conduct is the cause in fact, if it was a substantial factor in causing the injury.

2 defendant acting independently, each breach of duty, combining into a single undividable cause, thus they both caused the harm.

Question 9

Unascertainable Causes Approach - Negligence

Answer 9

When there are two acts one of which causes injury but it is not known which one the burden of proof shifts to defendants and each must show that his negligence is not the actual cause.

2 Defendants + 2 Breaches + 1 Cause

Question 10

Enabling clause of the 13th amendment

Answer 10

The 13th amendment prohibits slavery the enabling clause has been held to confer on Congress the authority to proscribealmost any private racially discriminatory action that can be characterized as a badge or incident of slavery. This does not apply to the 14th amendment, which is limited to cases involving state action.

Question 11

Insanity Test- MPC

Answer 11

A defendant is entitled to acquittal if he suffered from a mental disease or defect and as a result, lacked substantial capacity to either appreciate the criminality of his conduct, OR conform his conduct to the requirements of law.

Question 12

Decedent citizenship

Answer 12

A legal representative of a decedent assumes the state citizenship of the decedent. Generally federal courts will not probate a decedent’s estate.

The exception is narrow: The claim asserted must involve the actual probate or annulment of a will to or seek to reach property in the custody of a state probate court.

Question 13

Federal question defense

Answer 13

Federal question jurisdiction is not satisfied if the federal question is raised by anticipation of a federal defense.

Question 14

Rules enabling Act

Answer 14

The rule governs practice and procedure, and does not modify or abridge substantive rights.

While Fed court exercising diversity of citizenship subject matter jurisdiction must apply state substantive law applicable federal rules of civil procedure supersede state law in federal court as long as the rule comports with the requirements of the rules enabling act.

Question 15

Aggregation of Multiple P’s

Answer 15

Multiple plaintiffs may not aggregate their claims against a single defendant, unless they are seeking to enforce a joint right in which they have an undivided interest.

Question 16

Supplemental Jurisdiction

Answer 16

• when the federal court has subject matter jurisdiction, over one claim it has discretion to exercise, supplemental jurisdiction over related claims that derive from the same common nucleus of fact, and or such that a plaintiff ordinarily be expected to try them in the single judicial proceeding.

Restrictions:
- if application of supplemental jurisdiction is by the plaintive, and is contrary to complete diversity, it is not allowed.
- Cross claims by defendant, are not listed among the restrictions. This supplemental jurisdiction is available in a cross claim by one defendant against another, even if they are from the same state.

Question 17

Venue

Answer 17

Federal venue in civil actions is proper in the district where any defendant resides, if all defendants are residence of the state in which the district is located, and the district in which a substantial part of the events or missions, giving rise to the claim occurred. if there’s no district anywhere in the United States that satisfies either the action may be brought in the judicial district in which any defendant is subject to the courts, personal jurisdiction, with respect such action.

Question 18

Answer

Answer 18

Although a defendant typically must serve an answer or other appropriate response within 21 days after being formally served with process, a defendant who waives service of process is allowed 60 days from the date on which the plaintiff mailed the summons and complaint in which to serve a response .

Question 19

Ex Parte Temporary restraining order

Answer 19

A Tro may be granted by a court when it is necessary to prevent irreparable injury to a party and the injury will result before a preliminary injunction hearing can be held.

As a general rule, notice of the hearing for the issuance of the order must be given before it is issued.

However, a court may grant an ex parte temporary restraining order, without notice of the hearing to the adverse party if: the moving party gives specific facts in an affidavit, or verify complaint to establish the immediate and irreparable injury will result to the moving party before the adverse party can be heard in opposition and certifies in writing all efforts, it made to give notice to the adverse party, and why notice should not be required and provide some security to pay for any costs and damages incurred by the adverse party, if it is wrongfully enjoined or restrained.

Question 20

Motion to Compel

Answer 20

If a party fails to provide discovery, or provides incomplete discovery, including disclosures and answers to interrogatories and deposition questions, the other party may move to compel discovery. However, a motion to compel must certify that the moving party has made a good faith attempt to confer with the opponent and obtain the discovery without court intervention the certification is a ** prerequisite** to an award of reasonable expenses.

Question 21

P’s Dissmissal

Answer 21

• If the defendant has not answered or filed a motion for summary judgment, the plaintiff may dismiss by filing a notice of dismissal.
• When a voluntary dismissal, without leave of court is not available meaning, there has been an answer motion or previous dismissal, the court has discretion to grant dismissal on such terms and conditions as the court deems proper, the dismissal is without prejudice, unless the court specifies otherwise.
• If there is a counter claim pending in the action, there can be no dismissal over the defendants objection, unless the counter claim remains pending once the defendant files an answer the plaintiffs ability to voluntarily dismiss the action as of right is cut off.

Question 22

Claim Preclusion or Res Judicata

Answer 22

Before claim preclusion applies, it must be shown that the earlier judgment is a valid final judgment on the merits.
The cases are brought by the same claimant against the same defendant, and the same cause of action or claim, is involved in the later lawsuit, the modern approach to define cause of action is to require assertion of all claims arising out of the same transaction or occurrence that is the subject matter of a claim asserted by the claimant.

Question 23

Non-Party Intervention

Answer 23

Under Rule 24, a nonparty may intervene in an action** as a matter of right in two situations. First, a nonparty may intervene when it has an **unconditional right to do so by a federal statute. Second, a nonparty may intervene if (i) it has an interest in the property or transaction the is the subject matter of the action; (ii) the disposition or resolution of the action may as a practical matter impair the nonparty’s ability to protect its interest; and (iii) the nonparty’s interest is not adequately protected by an existing party in the action.

Question 24

Fair Housing Act

Ads

Answer 24

The Fair Housing Act prohibits advertisements that indicate any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin. This restriction applies even when the dwelling itself is otherwise exempt from the other provisions of the Act.

Question 25

To be admissible a photograph must

Answer 25

Be identified by a witness as a portrayal of certain facts relevant to the issue, and verified by the witness as a correct representation of those facts.it is sufficient if the witness is familiar with the scene or object depicted.it is not necessary to call the photographer to authenticate the photo.

Question 26

Affidavits in a criminal trial

Answer 26

Affidavits that summarize the findings of forensic analysis and have the effect of accusing the defendant of criminal conduct are testimonial in nature and are not admissible into evidence against the defendant unless the preparer is unavailable and the defendant has had the opportunity to cross-examine.

Question 27

Business record aka

Answer 27

Regularly conducted activity

Question 28

What methods of evidence can be used to prove character when it is directly at issue?

Answer 28

All of them! Opinion, reputation, and specific acts

Question 29

Truthfulness on cross

Answer 29

A witness may be interrogated on cross-examination with respect to an act of misconduct only if it is probative of truthfulness.

Question 30

Medical expenses statements

Answer 30

Offer to pay is out, but the statements are in.

Offer to pay medical expenses but not statements made in connection with such offers.