7/18

Question 1

felony murder flow chart theories

Answer 1

Question 2

who is liable for assignments, LL-T

Answer 2

• original tenant (privity of contracts)
• assignee (privity of estate)

Question 3

can a landlord reserve the right to restrict future assignments by expressly stating a waiver is a one-time occurrence?

Answer 3

yes

Question 4

is there custody when a person comes to a police station in response to an invitation from police? Can that change?

Answer 4

no, unless a reasonable person would believe he’s not free to leave because of circumstances arising after he arrives

Question 5

example of reason for which a purchaser could sue for breach of covenant of warranty after closing?

Answer 5

adverse possessor on land

Question 6

Facial neutrality EPC analysis flow chart

Answer 6

Question 7

Are rescuers applying medical aid covered by a physician-patient privilege (if one is recognized) if they are not medical personnel?

Answer 7

no

Question 8

fcp 21 day deadlines

Answer 8

pleading related stuff (rule 12 (pleadings, pretrial motions, defenses); answer, withdraw)

Question 9

fcp 28 day deadlines

Answer 9

post-judgment stuff (rjmol, new trial)

Question 10

fcp 30 day deadlines

Answer 10

• move things to other courts (appeal, remand, remove) or
• waiver of service of process
• discovery (interrogs, pretrial disclosures, msj after close)

Question 11

fcp 60 day deadline

Answer 11

answer if waived service

Question 12

fcp 90 day deadline

Answer 12

to serve after filing

Question 13

fcp 14 day deadlines

Answer 13

Question 14

may the defendant in a nuisance action be liable to the owner of a property who doesn’t possess it (i.e., there is a renter)

Answer 14

no, only to possessor

Question 15

may a judge enter sanctions on their own motion if a show-cause order is not issued until after claims are settled or voluntarily dismissed?

Answer 15

no

Question 16

what is an inverse condemnation?

Answer 16

government takes or damages property for public use without having brought an eminent domain proceeding (e.g., a regulatory taking)

Question 17

equitable right of redemption v statutory right of redemption

Answer 17

equitable: between default and foreclosure sale
statutory: period of time after the sale

Question 18

Burden to prove insanity in federal criminal case

Answer 18

clear and convincing evidence

Question 19

defense of others, crim law: does transferred intent apply where a bystander reasonably but mistakenly tries to defend another person and ends up injuring an innocent bystander?

Answer 19

no; right to defend the person if reasonably appeared they had such right, actions excused

Question 20

Can a mortgagee circumscribe the mortgagor’s right to redeem by disguising the transaction as an outright conveyance?

Answer 20

no

Question 21

what will a deed intended for security be construed as?

Answer 21

a mortgage

Question 22

for how long does the renting of a room (e.g., a hotel room) establish an expectation of privacy (4a)?

Answer 22

duration of the rental agreement

Question 23

when an “original” and a copy are both authenticated but inconsistent, are they both entered into evidence? who determines credibility?

Answer 23

• yes, duplicate admissible to same extent as original
• credibility is a question of fact for jury to determine

Question 24

if the owner or developer of a building breaches a construction contract, what is the builder’s standard measure of damages

Answer 24

amount of expected profit plus costs expended at time of breach

Question 25

cross/counterclaims matrix

Answer 25

Question 26

is a retrial following a defendant's successful appeal a continuation of an earlier proceeding? i.e., does it constitute double jeopardy?

Answer 26

it IS a continuation, so it does NOT constitute double jeopardy

Question 27

majority rule for conspiracy

Answer 27

- can't withdraw from the crime of "conspiracy" - can withdraw from other crimes committed in furtherance if (1) notify all other members, (2) within time for members of conspiracy to abort it

Question 27

scrutiny of non-smoking law when applied to government employees both at work and home?

Answer 27

rbs; any infringement on right to privacy is incidental

Question 28

for prior consistent statements to be admissible to rebut recent fabrication, when must they have been made

Answer 28

before the charged fabrication or improper motive arose

Question 29

aside from when harmful/offensive touching reaches the plaintiff, when may the tort of battery be satisfied (i.e., what else can it touch, and what's an example)

Answer 29

- contact with something connected to plaintiff - ex: dog on a leash

Question 30

does facially explicit racial segregation in prisons violate epc, and pursuant to what level of scrutiny?

Answer 30

- yes, - strict

Question 31

if you fail to mitigate another's breach under contract law, what damages can you nonetheless recover?

Answer 31

- what the cost of replacement would have been relative to the cost of the breached contact

Question 32

how to establish a land boundary by agreement

Answer 32

1. show either the parties were uncertain/unaware of the correct location, or that a dispute as to the location existed b/w them 2. show taking & relinquishing of possession by the parties to the agreed line ex: neighbor wants to put up fence, neither party sure of exact boundary line, neighbor 2 acquiesces, they have set the new boundary

Question 33

are prepayment penalty clauses contained in mortgage instruments enforceable? why/why not?

Answer 33

- yes - lender will lose an anticipated interest in the event that the mortgage principal is paid before the due date

Question 34

when is a vicarious statement admissible as an opposing party statement

Answer 34

when it - was made during the existence of employment relationship, and - within the scope of employment

Question 35

can taxpayers bring commerce clause suits?

Answer 35

no

Question 36

what must federal taxpayers allege to have standing to sue

Answer 36

(1) spending by congress (2) violated the Establishment Clause

Question 37

a foreclosure sale ___ the mortgagor's interest in the mortgaged real estate, and the mortgagee ___ foreclose a second time on the property

Answer 37

terminates; cannot

Question 38

may lay witnesses testify re: whether a person appears to be intoxicated?

Answer 38

yes

Question 39

are witnesses per se incompetent i they refuse to take an oath or affirmation?

Answer 39

yes

Question 40

are instructions hearsay?

Answer 40

no, non-assertive verbal conduct, used to prove an inference not establish the truth of the matter being asserted

Question 41

what must be pled with particularity (fcp)

Answer 41

fraud, mistake, condition of the mind

Question 42

do religious activities conducted in public schools violate the Establishment clause?

Answer 42

as a general rule, yes

Question 43

when is state substantive law used in federal court

Answer 43

where a procedure is not dictated by federal rule, statute, or constitutional provision, court engages a balancing test that will sometimes lead it to apply state procedures

Question 44

can an uncorroborated anonymous tip be used to justify the search of a suspect for weapons?

Answer 44

no

Question 45

if someone intends to shoot one man but shoots another because he mistakes him for the other man, is that transferred intent in tort?

Answer 45

no, purposeful intent; transferred intent would be if he hit the second man because he missed the first

Question 46

who bears the risk of loss in a building contract where the building is destroyed by a fire or act of god without either party, in the case where the building is - partially constructed - existing structure

Answer 46

- builder - owner

Question 47

is a builder who promises to erect a building bound to do so even though the nearly completed structure is destroyed by forces beyond the builder's control?

Answer 47

yes

Question 48

law that is applied for classifications of people where the actor is a state gov vs. the federal gov

Answer 48

state: 14A EPC fed: 5A DPC

Question 49

liability where a builder is repairing or renovating an existing building and the structure is destroyed by forces beyond the builder's control

Answer 49

- building's existence is regarded as an implied condition to agreement - destruction without fault discharges builder's duty

Question 50

is a nolo contendere considered a conviction (in general, but we're thinking about FRE here), and thus can it be used to impeach?

Answer 50

yes, yes

Question 51

what does an affirmative defense need/rely on

Answer 51

factual issues not presented in the complaint

Question 52

in a title theory state, when one joint tenant mortgages a property, what's the result in terms of the interest with the other person and how much of the property is subjected to the mortgage

Answer 52

- tenants in common - 1/2 of property subject to the mortgage

Question 53

can a court dismiss an action of its own accord per forum non conveniens

Answer 53

yes

Question 54

area claimed by adverse possessor under: - claim of title - color of title

Answer 54

- claim: no more than what he actually occupies - color: the area described by the color of title (i.e., described on the instrument he may believe is effective)

Question 55

what is required to toll a statute of limitations for disability/imprisonment

Answer 55

disability/imprisonment must be in effect when the adverse possessor enters, i.e., the owner being imprisoned after the adverse possessor enters will not toll the period of adverse possession

Question 55

does the completeness doctrine require the introduction of potions of a statement that are neither relevant to, nor explanatory of, the admitted passages?

Answer 55

no

Question 56

what is required for the president to have authority to direct the actions of persons outside the executive branch

Answer 56

authorization by an act of congress

Question 57

how is a temporary restraining order different from a preliminary injunction / what does a PI require that TRO does not

Answer 57

- can be issued without notice if (1) harm before opposition can be heard and (2) attorney certifies in writing why notice should not be given - expire after 14 days issuance, can be extended for 14 more upon good cause shown PI requires notice, tro does not necessarily require notice

Question 58

aleatory condition

Answer 58

contracts, a condition outside of one's control

Question 59

accord & satisfaction v. modification flow chart

Answer 59

Question 60

keyword for both compulsory claims and res judicata

Answer 60

same transaction or occurrence

Question 61

if a farmer who contracted to sell crops to be grown on designated land loses crops, when may he be excused because of a failure of a specific crop?

Answer 61

- destruction of identified goods, or - failure of a basic assumption in the contract

Question 62

unforeseen contingency contract defenses flow chart

Answer 62

Question 63

when an equitable division/partition of property is not possible, a majority of states permit___

Answer 63

a sale and division of the proceeds

Question 64

a majority of jurisdictions treat judgment creditors as protected in full (i.e., against all unrecorded interests subject to the recording act) only if_____

Answer 64

they purchase the debtor's property at a judicial sale

Question 65

what is required for the statute of frauds to not apply to a sale of goods >= $500

Answer 65

payment made and accepted, i.e., delivery of nonconforming goods insufficient

Question 66

what can a party receiving interrogatories do when information requested requires analyzing information and the analysis would take a similar amount of time for either party

Answer 66

1. specify which of its records contain the info + 2. grant the requesting party access to the records for examination, copying, and analysis

Question 67

tort special relationships that impose a duty

Answer 67

1. common carrier passengers 2. innkeeper guests 3. employer-employees 4. school-pupils 5. jailer-prisoners 6. landlord-tenants 7. hospitals & psychotherapists in charge of dangerous mental patients

Question 68

is a train platform a nonpublic forum for time, place, manner restriction purposes?

Answer 68

yes; only needs to be viewpoint neutral & rbs

Question 69

graphic: four mortgages, second forecloses, foreclosure sale makes enough to satisfy mortgage 2 and part of mortgage 3, how do things look?

Answer 69

Question 70

continuing trespass larceny

Answer 70

- trespassory taking - of another's property - intent to deprive temporarily - later changes mind and decides to deprive indefinitely

Question 71

nonfinal orders eligible for immediate (i.e., interlocutory) appeal

Answer 71

- venue - injunctions - personal jurisdiction - right to immediate possession of property - class certification - arbitration entitlement - worker's comp immunity - qualified immunity