Wrong Questions

Question 1

Original Jurisdicion

Answer 1

Article III provides that the Supreme Court shall have original jurisdiction in all cases involving ambassadors, ministers and consuls, and cases in which a state is a party.

Question 2

Appellate Jurisdiction

Answer 2

In all cases not falling within the Supreme Court’s original jurisdiction (but falling within the federal judicial power),
“in all other Cases before mentioned, [i.e., arising under the Constitution, Act of Congress, or treaty], the Supreme
Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as Congress shall make.

Question 3

Presentation of Evidence-Preliminary Questions

Answer 3

Preliminary questions concerning the admissibility of evidence shall be determined by the court.
Specifically, the court determines the trustworthiness of alleged exceptions to the hearsay rule, which includes dying declarations. In making its preliminary determination, the court may consider affidavits or hearsay. Therefore, the admissibility of the note should be determined by the judge, and he is permitted to consider the affidavit.

Question 4

Duty to pay taxes

Answer 4

The duty of the life tenant to pay all general property taxes that accrue during the continuance of the life estate.

Question 5

Duty to Pay Principal

Answer 5

Remainder-man

Question 6

Duty to anticipated Trespassers

Answer 6

If a property owner knew or reasonably should have
known of the trespasser’s presence, under majority law he has a duty of reasonable care to avoid injury to the
trespasser.

Question 7

Second-degree murder

Answer 7

intent to inflict great bodily harm or depraved/malignant heart (a killing committed with reckless indifference to an unjustified risk human of human life)

Question 8

Felony Murder

Answer 8

A killing that occurs during the attempt or commission of certain felonies, such as burglary, robbery,
rape, arson, and kidnapping

Question 9

Larceny

Answer 9

(i) taking (obtaining control or possession) and carrying away (the slightest movement is sufficient); (ii)
without consent (against the victim’s free will, which includes duress because duress negates consent); and (iii) with
the intent to permanently deprive the owner of the property (the specific intent to dispossess must exist during the
taking).

Question 10

Motion from Relief of Judgment

Answer 10

after a judgment has been entered, a party may be entitled to have the judgment voided on
several grounds: (i) mistake, inadvertence, surprise, or excusable neglect; (ii) newly discovered evidence that, with
reasonable diligence, could not have been discovered in time for a new trial; (iii) fraud, misrepresentation, or
misconduct by an opposing party; (iv) the judgment is void; (v) the judgment has been satisfied, released, or
discharged; or (vi) any other reason that justifies relief

Question 11

State Action

Answer 11

The Fourteenth Amendment prohibits state action but not private action.

The protections afforded by the Fourteenth Amendment apply only to conduct that is attributable to the state.

Question 12

Does a manufacturer have an obligation to warn against obvious dangers?

Answer 12

No. A manufacturer has no obligation to warn against obvious dangers

Question 13

What is the landlord’s responsibility in possession?

Answer 13

The landlord must deliver the legal right of possession to the tenant.

Question 14

What the are the grounds for relief from judgment?

Answer 14

A court may relieve a party from a final judgment on the ground of fraud, misrepresentation, or misconduct by an opposing party

Question 15

What is burglary?

Answer 15

A Breaking and entering of a dwelling of another at night with the intent to commit a felony therein

Question 16

When can a buyer reject an installment?

Answer 16

A buyer may reject any installment that is nonconforming if the nonconformity substantially impairs the value of that installment and it cannot be cured.

Question 17

When do notes not fall into the business records exception?

Answer 17

When the notes were prepared from the witness’s own initiative to help her remember what had happened at the meetings.

Question 18

Ex Post Facto

Answer 18

An ex post facto law punishes conduct that occurred before the law became effective, which is prohibited by the constitution.

Question 19

When can the party object to jury instructions from the judge?

Answer 19

An objection to the failure to give a jury instruction is timely if it is raised at the time that the court first informs the party that it will not give the instruction.

Question 20

Nuisance

Answer 20

To prevail on a nuisance claim, the plaintiff must show that the defendant’s activity has substantially and unreasonably interfered with the plaintiff’s use and enjoyment of his property.

Question 21

Does dismissal with prejudice operates as a judgment on the merits?

Answer 21

Yes

Question 22

Negligence Per Se

Answer 22

A criminal statute can be used to set the standard of care in a negligence action if it was meant to protect against the type of harm that occurred by specifying preventive steps that should be taken.

Question 23

How is conduct measured under Free Speech? (2 elements)

Answer 23

(1) the protester intended to communicate a message and (2) the audience was likely to understand the communication.

Question 24

Valid Death Escrow

Answer 24

To create a valid death escrow, however, the man had to place the deed beyond his control, reserving no power over it once it had been given to the attorney.

Question 25

When does jeopardy attach?

Answer 25

For double jeopardy purposes, jeopardy does not attach until trial, when the jury is sworn in (or, in a bench trial, when the first witness is sworn in).

Question 26

Acceptance is not just written, but

Answer 26

verbal

Question 27

Assumption of risk

Answer 27

Assumption of risk can be an affirmative defense to strict liability

Question 28

Judgment as a Matter of Law

Answer 28

A motion for judgment as a matter of law (JMOL) may be made at any time before the case is submitted to the jury. After the verdict, a party can only renew a motion it made pre-verdict.

Question 29

When is use of force justified?

Answer 29

To justify the use of force sufficient to cause death or serious bodily injury, a defendant must have a reasonable belief that he himself is threatened with force of that sort.

Question 30

What does the statute of frauds require in sale of land?

Answer 30

The statute of frauds requires a writing evidencing an agreement to sell real property to identify the land to be sold.

Question 31

When are additional terms added to a UCC contract?

Answer 31

An additional term is considered a proposal for addition to the contract. Section 2-207(2) also provides that an additional term becomes a term of the parties’ contract unless certain specified circumstances are present. One such circumstance is where an additional term materially alters the parties’ contract

Question 32

Federal Common Law

Answer 32

Federal common law governs the claim-preclusive effect of a dismissal by a federal court sitting in diversity.

Question 33

Intended Third-Party Beneficiary

Answer 33

An intended third-party beneficiary acquires rights under a contract whether or not the party is identified as an intended beneficiary at the time the contract is made

Question 34

What can be filed in summary judgment?

Answer 34

The nonmovant on a motion for summary judgment can submit an affidavit or declaration stating that more time is needed to take discovery before responding. The affidavit or declaration must specify what that discovery will be and how it will help in resisting the motion.

Question 35

Defamation against public figure

Answer 35

The plaintiff must establish that the defendant acted with actual malice, that is, that the defendant in fact knew the statement to be false or entertained serious doubts as to the truth of the statement.

Question 36

When can the juror be excused in a peremptory challenge?

Answer 36

Trial and sentencing

Question 37

Proper venue

Answer 37

Venue is proper in a judicial district in which a substantial part of the events giving rise to the claim occurred.

Question 38

When is assurance adequate?

Answer 38

A demand is justified if the demanding party has reasonable grounds for insecurity with respect to the other party’s potential performance. Party must feel inssecure of other party’s performance

Question 39

Fixture

Answer 39

It was clear that the wife did not intend to make the chandelier a permanent annexation. The wife’s personal representative, the nephew, had the right to remove the chandelier within a reasonable time after the termination of the wife’s life estate.

Question 40

How much is converted chattel worth?

Answer 40

Conversion is equivalent to a forced sale of the chattel to the defendant, who is liable for the full value of the chattel at the time of the tort.

Question 41

Character witness by prosecution

Answer 41

In rebutting a defendant’s character witness, the prosecution may only ask about specific instances of the
defendant’s prior misconduct on cross-examination.

Question 42

Can a party make a motion seeking relief from

default judgment on the ground of excusable neglect?

Answer 42

No

Question 43

An offer of Accord and satisfaction

Answer 43

A promise to settle a claim may be consideration to support a return promise so long as there is a good
faith dispute over the validity of the claim

Question 44

Duty

Answer 44

In an action for negligence, the defendant has a duty only to act in a reasonably prudent manner with regard to foreseeable harm. When the fire was negligently started in his own home, the defendant’s duty to avoid foreseeable risks posed by a fire arguably would not have included sun damage to his neighbor’s trees.

Question 45

Homeowner’s association

Answer 45

In an action for negligence, the defendant has a duty only to act in a reasonably prudent manner with regard to foreseeable harm. When the fire was negligently started in his own home, the defendant’s duty to avoid foreseeable risks posed by a fire arguably would not have included sun damage
to his neighbor’s trees.

Question 46

Content-based speech

Answer 46

The government may not prohibit certain types of speech based on its content

Question 47

Content-neutral speech

Answer 47

The test for evaluating time, place, and manner restrictions is whether the restriction is designed
to serve a substantial governmental interest in a way that does not unreasonably limit alternative avenues of
communication.

Question 48

Anticipatory repudiation

Answer 48

Anticipatory repudiation requires an unequivocal statement of unwillingness to perform on a contractual
obligation, not mere doubt or uncertainty

Question 49

Physical incapacity to contract

Answer 49

Physical incapacity of a person necessary to perform under a contract discharges the duty to perform.

Question 50

Choice of law to property

Answer 50

In a case involving real property, if there is a conflict as to which state’s law should be applied to resolve
the issue, the general rule is that the forum court should apply the choice of law rules of the situs

Question 51

Elements to prove invasion of privacy (4 elements)

Answer 51

(i) appropriation by the defendant of the plaintiff’s picture or name for the defendant’s commercial advantage; (ii) intrusion by the defendant on the plaintiff’s affairs or seclusion; (iii) publication by the defendant of facts placing the plaintiff in a false light; and (iv) public disclosures of private facts about the plaintiff by the defendant.

Question 52

Commercial speech is valid if (3 elements):

Answer 52

(1) serves a substantial government interest, (2) directly advances that interest, and (3) is narrowly tailored to achieve that interest (that is, there is a reasonable fit between the means chosen and the ends sought)

Question 53

Contributory negligence

Answer 53

• a plaintiff is required to act as a reasonably prudent person, the same as the defendant.
• A plaintiff who fails to act reasonably and who negligently contributes to his injury will have his recovery reduced in jurisdictions following a pure comparative negligence rule
• the trier of fact weighs the plaintiff’s negligence against that of the defendant and reduces the plaintiff’s damages accordingly
• most comparative negligence states apply their comparative negligence rules to strict products liability actions.

Question 54

Strict liability for products liability (four elements)

Answer 54

(1) the defendant is a commercial supplier;
(2) the defendant produced or sold a product that was defective when it left the defendant’s control;
(3) the defective product was the actual and proximate cause of the plaintiff’s injury; and
(4) the plaintiff suffered damages to person or property.

Question 55

Commercial supplier

Answer 55

A “commercial supplier” can include a manufacturer (including the manufacturer of a defective component part), retailer, assembler, or wholesaler.