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Question 1

What does FRCP 50(a)(1) state regarding judgment as a matter of law?

Answer 1

If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may resolve the issue against the party.

Question 2

When can a party file a motion for summary judgment?

Answer 2

A party may file a motion for summary judgment at any time until 30 days after the close of discovery.

Question 3

What is the burden of the party seeking summary judgment?

Answer 3

The party seeking summary judgment has the burden of producing information that clearly establishes there is no factual dispute for a jury to resolve.

Question 4

What does Article I, Section 8 of the Constitution establish?

Answer 4

It establishes the congressional power to establish laws governing bankruptcy.

Question 5

When is an action for price/remedy for the contract price available?

Answer 5

It is available when: (1) the buyer has accepted the goods; (2) the goods are lost or damaged within a commercially reasonable time after the risk of loss has passed to the buyer; or (3) the buyer has returned or rejected the goods and the seller is unable to resell the goods.

Question 6

What does UCC § 2-708(1) allow a seller to recover?

Answer 6

It gives a seller the right to recover the difference between the contract price and the market price of goods when a buyer has wrongfully rejected the goods.

Question 7

What does UCC § 2-706 allow a seller to recover?

Answer 7

It allows a seller to recover the difference between the contract price and resale price when a buyer has wrongfully rejected the goods.

Question 8

What does UCC § 2-708(2) provide for a lost volume seller?

Answer 8

It provides that a lost volume seller can recover any lost profits if the difference between the market price at the time and place for tender and the unpaid contract price will not adequately compensate the manufacturer for its actual damages.

Question 9

What happens when contract rights are assigned?

Answer 9

The assignee stands in the shoes of the assignor, meaning he has the same rights the assignor had, and he may be subjected to the same defenses.

Question 10

What is required for an attempt to commit a crime?

Answer 10

A person must take a substantial step beyond mere preparation to commit a crime, with the intent that the crime takes place.

Question 11

What are the elements of robbery?

Answer 11

Robbery requires the taking and carrying away of the personal property of another with the intent to permanently deprive accomplished by means of force or fear.

Question 12

What does the crime of false pretenses require at common law?

Answer 12

It requires obtaining possession and title of property of another through fraud or misrepresentation of a material fact.

Question 13

What does larceny by trick require at common law?

Answer 13

It requires obtaining possession of the property of another, with the owner’s consent, by fraud or misrepresentation, with the intent to permanently deprive the owner of that property.

Question 14

What can a character witness be cross-examined about?

Answer 14

The opposing party may cross-examine the witness about specific incidents relevant to that trait, provided the cross-examiner has a good faith basis for believing the incidents occurred.

Question 15

What does FRE 615 state about excluding witnesses?

Answer 15

If a party moves to exclude prospective witnesses before they testify, the court must order witnesses excluded so they cannot hear other witnesses’ testimony.

Question 16

What does the Fifth Amendment state about witnesses?

Answer 16

A witness cannot be compelled to testify against herself and may refuse to answer any question whose answer might incriminate her.

Question 17

What is required for land sale contracts under the Statute of Frauds?

Answer 17

Land sale contracts must be in writing to be enforceable.

Question 18

What is marketable title in real property transactions?

Answer 18

A seller is obligated to deliver marketable title at closing, meaning title free from reasonable doubt in law or fact and acceptable to a reasonable purchaser.

Question 19

What is required for a valid assignment of land sale contracts?

Answer 19

A valid assignment requires the assignee’s acceptance.

Question 20

What must a party show for a FRCP 56 motion for summary judgment?

Answer 20

The party must show there is no genuine dispute as to any material fact and that he is entitled to judgment as a matter of law.

Question 21

What is claim preclusion (res judicata)?

Answer 21

Once a final judgment on the merits has been rendered on a particular cause of action, the claimant is barred from asserting the same cause of action in a later lawsuit.

Question 22

What is the standard for laws impacting religious practices?

Answer 22

When a neutral law of general applicability impacts a religious practice, the law is subject to rational basis review.

Question 23

What power does Congress have under the Commerce Clause?

Answer 23

Congress has an extremely broad power to regulate under the Commerce Clause.

Question 24

What are the exceptions to a contract conferring rights and duties only on the parties?

Answer 24

Exceptions include third-party beneficiaries and assignments of rights or duties.

Question 25

What are the prerequisites for the admissibility of a confession during custodial interrogation?

Answer 25

Warnings given pursuant to Miranda and a valid waiver of those rights.

Question 26

What defines larceny under common law?

Answer 26

Larceny is defined as taking and carrying away property without consent and with the intent to permanently deprive the owner.

Question 27

What does the Double Jeopardy Clause prohibit?

Answer 27

It prohibits anyone from being prosecuted twice for substantially the same crime.

Question 28

What is hearsay according to the Federal Rules of Evidence?

Answer 28

Hearsay is a statement offered into evidence to prove the truth of the matter asserted, made by someone other than the declarant while testifying.

Question 29

What is an exception to the hearsay rule under FRE 801(d)?

Answer 29

A statement by an opposing party is not hearsay when offered against that same opposing party.

Question 30

What must be proven to authenticate a writing or secondary evidence?

Answer 30

The writing must be authenticated by proof showing that it is what the proponent claims it is.

Question 31

What is joint and several liability in torts?

Answer 31

When two or more defendants negligently contribute to a single, indivisible harm, they are jointly and severally liable for the entire harm.

Question 32

What are the four types of wrongs under invasion of privacy?

Answer 32

They include: (i) appropriation of the plaintiff's picture or name for commercial advantage; (ii) intrusion upon the plaintiff's solitude; (iii) public disclosure of private facts; and (iv) false light.

Question 33

What is joint and several liability?

Answer 33

Defendants are jointly and severally liable for the entire harm if the specific injury caused by which defendant cannot be proven.

Question 34

What are the four types of wrongs under invasion of privacy?

Answer 34

1. Appropriation of the plaintiff's picture or name for commercial advantage. 2. Intrusion upon the plaintiff's affairs or seclusion. 3. Publication of facts placing the plaintiff in a false light. 4. Public disclosure of private facts about the plaintiff.

Question 35

What must a plaintiff prove to establish a prima facie case for intrusion upon affairs or seclusion?

Answer 35

1. An act of prying or intruding by the defendant. 2. The intrusion would be highly offensive to a reasonable person. 3. The invaded matter is private.

Question 36

What is res ipsa loquitur?

Answer 36

A doctrine allowing negligence to be inferred from the circumstances of an accident without direct evidence.

Question 37

What must a plaintiff show to invoke res ipsa loquitur?

Answer 37

1. The type of accident does not ordinarily occur without negligence. 2. The instrumentality causing harm was under the defendant’s exclusive control. 3. The plaintiff did not contribute to the harm.

Question 38

What is the Federal Tort Claims Act (FTCA) regarding liability?

Answer 38

The federal government is only liable for negligence, not strict liability.

Question 39

What is the general rule for appealing a trial judgment?

Answer 39

The losing party generally has the right to appeal only final orders.

Question 40

What is required to file a notice of appeal under FRAP?

Answer 40

A notice of appeal must be filed with the district court within 30 days from the entry of the judgment.

Question 41

When is personal jurisdiction established over a defendant?

Answer 41

If the defendant voluntarily travels to the forum state and is served while physically present there.

Question 42

What is required for adequate notice of a cause of action?

Answer 42

Procedures must involve reasonable efforts to give notice, even if the defendant did not actually receive notice.

Question 43

What does FRCP 50 allow regarding motions for judgment?

Answer 43

Renewing a motion for judgment as a matter of law while also making a motion for a new trial is allowed.

Question 44

What is claim preclusion (res judicata)?

Answer 44

It bars a party from relitigating a cause of action that was previously litigated to a final judgment on the merits.

Question 45

What is issue preclusion (collateral estoppel)?

Answer 45

It bars relitigation of specific issues that were actually litigated and essential to a final judgment in a prior proceeding.

Question 46

What happens when the federal government violates the Equal Protection Clause?

Answer 46

It amounts to a violation of the Due Process Clause of the Fifth Amendment.

Question 47

What does the Fifth Amendment prohibit?

Answer 47

The governmental taking of private property for public use without just compensation.

Question 48

How can a federal statute prohibiting racial discrimination be justified?

Answer 48

As a means of enforcing the Thirteenth Amendment to eradicate the badges and incidents of slavery.

Question 49

What is a mutual mistake in contract law?

Answer 49

A mistake made by both parties concerning a basic assumption on which the contract was made.

Question 50

What are the requirements to avoid a contract based on mutual mistake?

Answer 50

1. The mistake must concern a basic assumption. 2. It must have a material effect on the agreed exchange. 3. The adversely-affected party must not bear the risk of the mistake.

Question 51

What is required for consideration in contract law?

Answer 51

Both parties must be required to perform under the contract, representing mutuality of obligation.

Question 52

What are output contracts?

Answer 52

Contracts where the buyer agrees to purchase all of a supplier’s output.

Question 53

What is the rule regarding delegation of contractual duties?

Answer 53

A contractual duty may be delegated unless the other party has a substantial interest in having the original obligor perform.

Question 54

What happens when a contract right is assigned gratuitously?

Answer 54

The assignor retains the power to revoke the assignment unless the assignee obtains performance from the obligor.

Question 55

What is felony murder?

Answer 55

A killing that occurs during the attempt or commission of inherently dangerous felonies.

Question 56

What is required for accomplice liability?

Answer 56

One must aid, abet, or facilitate the commission of a crime with the intent that the crime be committed.

Question 57

What are the elements of larceny?

Answer 57

1. Taking and carrying away. 2. Without consent. 3. With intent to permanently deprive the owner of property.

Question 58

What constitutes forgery under common law?

Answer 58

1. Creating or altering a document. 2. With purported legal significance. 3. To be false. 4. With intent to defraud.

Question 59

What is hearsay?

Answer 59

A statement made out of court offered for the truth of the matter asserted.

Question 60

What is an excited utterance?

Answer 60

A statement made during the stress of excitement caused by a startling event, admissible despite the hearsay rule.

Question 61

What does FRE 803(18) state about learned treatises?

Answer 61

A learned treatise may be substantively admissible if established as a reliable authority.

Question 62

What does FRE 611(b) state about cross-examination?

Answer 62

Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility.

Question 63

What is the concern regarding juries having access to learned treatises?

Answer 63

There is a concern that juries might rely on parts of the publication that are not germane to the case. The intent of the rule is that juries need to be guided through the pertinent parts by the testifying experts.

Question 64

What does Federal Rule of Evidence (FRE) 611(b) state about cross-examination?

Answer 64

Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry into additional matters as if on direct examination.

Question 65

Are leading questions allowed on direct examination of witnesses?

Answer 65

Leading questions are generally prohibited on direct examination, except when the witness is 'unfriendly' or adverse.

Question 66

What are the requirements for a person to be a competent witness?

Answer 66

A person must have personal knowledge and take an oath to testify truthfully.

Question 67

What is trespass in tort law?

Answer 67

Trespass is an intentional entry onto the land of another, without permission. Damage is not required for an intentional trespass.

Question 68

What must a plaintiff show to prevail on a claim for misrepresentation?

Answer 68

The plaintiff must show that the defendant made a misrepresentation of material fact for the purpose of inducing reliance to the plaintiff's detriment.

Question 69

What are the theories under which a products liability claim may be brought?

Answer 69

A products liability claim may be brought under: (i) intent; (ii) negligence; (iii) strict liability; (iv) implied warranties; and (v) express warranties.

Question 70

What are the elements of a prima facie case for strict products liability?

Answer 70

The elements include: (i) a commercial supplier of a product; (ii) producing or selling a defective product; (iii) actual and proximate cause; and (iv) damages.

Question 71

What is the role of privity in products liability claims?

Answer 71

Generally, privity between the parties is irrelevant except for certain warranty theories of liability.

Question 72

Is ordinary contributory negligence a defense in strict products liability?

Answer 72

Ordinary contributory negligence is not a defense where the plaintiff merely failed to discover the defect or guard against its existence.

Question 73

What is a design defect claim in products liability?

Answer 73

Inadequate warnings which caused an injury are a type of design defect claim.

Question 74

What must a plaintiff prove to establish a prima facie case for inadequate warnings?

Answer 74

The plaintiff must prove: (i) the defendant is a commercial supplier; (ii) the defendant produced or sold a defective product; (iii) the defective product caused the plaintiff's injury; and (iv) the plaintiff suffered damages.

Question 75

What must a plaintiff establish to recover damages for mental distress?

Answer 75

The plaintiff must establish that he was within the 'zone of danger' and suffered physical symptoms from the distress.

Question 76

Can a plaintiff recover damages for mental suffering from an underlying tort claim?

Answer 76

Yes, a plaintiff may recover damages for mental suffering if he brings an underlying tort claim resulting in physical impact or injury.