7.10

Question 1

Remedy for repudiation of seller’s breach includes?

Answer 1

cover cost
and
incidental/consequential damages

Question 2

What is an ex post facto law?

Answer 2

Law that punishes conduct before law became effective

Question 3

When does right to possession end with a fee simple determ/ POR?

Answer 3

Automatically when event occurs

Question 4

When can an unjust enrichment claim not be viable?

Answer 4

When it exceeds K price and all work giving rise to claim is done and only payment is at issue

Question 5

If two adverse possessors aquire title together, what do they aquire as?

Answer 5

Tenants in common

Question 6

If something possibly hearsay is offered as state of mind/belief, what must be at issue?

Answer 6

D’s state of mind

Question 7

If removal of trade fixtures constitutes substantial damage, what is true?

Answer 7

1) they can’t be removed
2) tenant must pay to restore/repair

Question 8

When is negligent emot. distress generally not actionable unless? Except?

Answer 8

Unless connected to a physical injury
EXCEPTION
ZONE of DANGER/Special relationship

Question 9

Under common law, when is modification w/ no consideration bindg?

Answer 9

If mod is “fair and equitable in light of circumstances not anticipated considered when K was made”

Question 10

When is a unilateral mistake that revolves around “fair and equitable circumstances not considered at K formation” not helpful?

Answer 10

If person is looking for relief on basis of unilateral mistake

Question 11

What does larceny require?

Answer 11

Taking and carrying away
of personal prop of another
with intent to steal it

Question 12

What is robbery?

Answer 12

Larceny by violence or intimidation

Question 13

To end a trespasser intrusion on land, what can a land owner do?

Answer 13

Use reasonable force, but not force that threatens serious bodily harm unless land owner is in danger of SBH

Question 14

Other than nonpayment of debt, what can an acceleration clause be triggered by?

Answer 14

Mortgagor’s failure to satisfy other condiitons of mortgage (timely insurance payments)

Question 15

Once acceleration of a debt has happened, how can foreclosure of a debt be avoided?

Answer 15

By paying entire accelerated amount.

Question 16

When can a state terminate parental rights?

Answer 16

If child is subjected to real physical/emotional harm
2) allowing child/parent relationship to continue is more severe than consequences of termination

Question 17

What must a witness have to auth. a photo?

Answer 17

First hand knowledge photo is what it claims to be

Question 18

If a written contract fails to express actual agreement because of mutual mistake, what can courts do?

Answer 18

Reform it to express accurate agreement

Question 19

Answer 19

Question 20

Generally, what does a GC’s use of a subcontractor’s bid in their final bid not create? Unless?

Answer 20

A binding obligation to use the SC

GC makes a conditional promise to SC and SC detrimentally relies on conditional promise in making bid and GC is awarded final K

Question 21

If a victim of breach fails to take reasonable steps to mitigate damages, what damages are they not able to receive?

Answer 21

Consequential damages

Question 22

If a victim of breach fails to take reasonable steps to mitigate damages, what damages are they not able to receive? What are they still able to receive?

Answer 22

1) consequential
2) still able to recover difference between breach and market price to fix breach.. they should be able to recover the difference between breach and cost it would have been to fix breach

Question 23

What consequential damages may victim of breach be able to recover?

Answer 23

Losses that were caused by the breach if losses could not have been avoided w/ reasonable efforts to mitigate

Question 24

when two parties contract for a service that both parties intend to directly benefit a designated third party, who can sue if there’s a breach?

Answer 24

Both the party to the k and the 3p

Question 25

Question 26

What does a misrepresentation of fact that induces contractual assent provide for?

Answer 26

An avoidance of the contract

Question 27

What is a misrepresentation defined as?

Answer 27

A statement that is not in accord with the facts of the sitch.

Question 28

What must affirmative conduct do in order to qualify as a misrepresentation?

Answer 28

It must intend 2) or known likely to 3) prevent another from learning a fact

Question 29

What does affirmative conduct that is either intended or known likely to prevent another from learning a fact exist as?

Answer 29

An assertion the fact does not exist.

Question 30

What is not required to avoid a contract on the basis of misrepresentation?

Answer 30

An affirmative statement

Question 31

Question 32

Absence contrary intention in the document creating a life estate, what taxes must the life tenant pay?

Answer 32

Generally all property taxes 2) that accrue during their life estate

Question 33

What is the only limitation on the duty of a life estate paying the general property taxes on their life estate?

Answer 33

Life tenant has no duty to expand 2) more income than 3) can be generated from the land

Question 34

If a remainder men pays taxes that a life tenant rightfully should have paid, what may they be entitled to?

Answer 34

Reimbursement via judgement

Question 35

Question 36

If a defendant exercises his Miranda rights clearly, how long does it last for? generally, when can police resume interrogation?

Answer 36

Lasts for duration of custody 2) generally, not until an attorney is present

Question 38

Question 39

Is a valid present sense impression admissible?

Answer 39

Admissible as exception to hearsay

Question 40

For present sense impression exception, does a declarant have to be unavailable?

Answer 40

NO.

Question 41

What qualifies as a present sense impression?

Answer 41

something that describes or explains 2) an event or condition 3) and made while declarant was perceiving event/condition or immediately after

Question 42

What is a recorded recollection?

Answer 42

a record concerning a matter which a witness once had knowledge of 2) but now has Insufficent recollection to testify fully and accurately about 3) was made when matter was fresh in mind and reflects knowledge correctly

Question 43

What is recorded recollection?

Answer 43

A hearsay exception

Question 44

If admitted, what can be done with a recorded recollection>

Answer 44

1) If admitted, the record may be read into evidence 2) but may be received as an exhibit only if offered by an adverse party.

Question 45

Question 46

To create a valid death escrow, what must someone do?

Answer 46

Place the deed beyond their control and reserve no power over it once it given to a third party

Question 47

What is not required for a valid death escrow?

Answer 47

A written or oral contract as most are gratuitous

Question 48

Question 49

If a tenant transfers a right of possession for a shorter amount of time than the balance of the lease, what has he done?

Answer 49

Sublease

Question 50

If a sublessee does not promise to pay rent to the land lord in their sublet doc, what is lacking?

Answer 50

Privity of contract

Question 51

If a sublessee is not in privity of contract with an LL, what is he not?

Answer 51

Not liable for rent to the land lord unless an equitable servitude theory is used. 2) not a surety for the tenant

Question 52

If a tenant sublets to a sub letter, who is in privity of estate with who?

Answer 52

Tenant/subletter Tenant/landlord NO LANDLORD SUBLETTER PRIVITY OF ESTATE

Question 53

When does an assignment occur?

Answer 53

When tenant transfers for ENTIRE PERIOD remaining on lease.

Question 55

Question 56

If a statute says that employees can't post any info concerning their employees on the internet, what type of first amend violation is it? what test gets used?

Answer 56

Content based restriction 2) strict scrutiny

Question 57

Question 58

If a prosecutor has given someone a grant use of immunity, what his true about the subsequent use of those statements at a trial?

Answer 58

Neither statements or fruits of those statements can be used against him in a domestic prosecution

Question 59

What is transactional immunity?

Answer 59

A grant of immunity from prosecution

Question 60

What type of prosecution does 5th amend not protect against?

Answer 60

Foreign prosecution

Question 61

Question 62

After a witness's character for truthfulness has been attacked, what can opposing party then do?

Answer 62

Rehab witness by showing wit's good character for truthfulness 2) through reputation 3) or opinion

Question 63

After a witness's character for truthfulness has been attacked, what can opposing party not use to rehabilitate it?

Answer 63

1) Evidence of specific instances of truthfulness 2) Ruptation/ Knowledge of anything other than wit's veracity

Question 64

When is a wit's character for veracity admissible?

Answer 64

After wit's character has been attacked

Question 65

Question 66

Unless the shelter rule applies, what do recording stats not protect?

Answer 66

Donees/heirs/devisees

Question 67

In a content between two unrecorded donees, what law applies? who wins?

Answer 67

COmmon law applies 2) first grantee conveyed an interest will win

Question 68

Question 69

What does public records allow admitted as an exception?

Answer 69

1) public officials doing their legal duty 2) and their conclusions based on a factual finding through official investigation

Question 70

In what context does 6th Amend right to confront apply?

Answer 70

Only criminal

Question 71

If a public official's findings rest only on bystander hearsay, what can be true?

Answer 71

They could be excluded for a lack of trustworthiness

Question 72

What may public officials rely on in part to make factual findings?

Answer 72

Bystander statements/hearsay

Question 75

Question 76

What are party admissions?

Answer 76

Not hearsay when offered against party who made admissions

Question 77

Question 78

To create a va

Question 79

To create a valid equitable servitude, what must be true?

Answer 79

1) in writing 2) touches and concerns land (placing burden on one and benefit on other) 3) an intent to bind future grantees/heirs etc 4) constructive/actual notice

Question 80

If a deed containing a valid equitable servitude to a grantee is not signed but is recorded by grantee, what is true?

Answer 80

If it complies with other requirements, it's a valid Eq. Serv

Question 81

If someone is a fiduciary of one another, what does it mean?

Answer 81

If a co-tenant later aquires superior title to the property, they must give tenants reasonable opp to aquire their proportional share

Question 82

Question 83

Question 84

Question 85

What does a seller's shipment of conforming goods with a notice of accomodation not constitute? what does it exist as?

Answer 85

It's not an acceptance/breach, but rather a counter offer

Question 86

If a contract call for prompt shipment, how can it be accepted?

Answer 86

1) either a prompt promise to ship 2) prompt shipment of goods

Question 87

What does the UCC allow a buyer to do with respect to non conforming goods?

Answer 87

Accept/reject nonconforming goods but can sue for breach either way

Question 88

Answer 88

Question 89

Question 90

For a valid waiver of right to counsel for a capable person, what must be shown?

Answer 90

1) d has awareness of magnutide of task 2) d has awareness of disadvantages of representing himself

Question 92

Question 93

Question 94

Question 95

Question 96

Answer 96

Question 97

Question 98

Question 100

Question 101

What does equitable conversion mean?

Answer 101

Once contract is signed, but before closing 1) seller still has legal interest in property 2) buyer has equitable interest BOTH ARE INSURABLE

Question 102

Question 103

Question 104