DP Wrong Answers Flashcards
(64 cards)
1
Q
Adequate and independent state grounds
A
State law fully resolves the matter, so outcome of the case is not based on federal law +
State court did not rely on federal law to reach its decision
2
Q
When can a plaintiff respond to a defendant’s answer under FRCP(7)(a)?
A
P may respond to D’s answer is D asserted counterclaim -> P may file an answer
Court orders a reply -> P may file a reply
If none, P may not respond
3
Q
Location of an Easement
A
Location of an easement set by its own terms
If unclear = look at parties intent, usually determined by conduct
Servient owner can relocate at own expense but new location must not violate easement terms, significantly lessen easement’s utility, increase burden on dominant estate owner’s use
4
Q
Strict Products Liability
A
- D is a commercial supplier
- Product not in condition that manufacturer intended at the time it left the manufacturer’s control
- Defective product was the actual/prox cause
- Damages
5
Q
When is reformation allowed?
A
To correct clerical mistakes in the written agreement.
6
Q
When may police search for an arresttee in a third party’s home?
A
If they have a warrant for the search, exigent circumstances, or consent
7
Q
Does a prosecutor need to present exculpatory evidence to a grandy jury?
A
No
8
Q
Effect of a partial breach
A
If someone partially breaches a contract, but still ends up doing what they promsied, the other person still has to go through with the deal but can ask for money to make up the delay.
Nonbreaching party may recover damages for breach.
9
Q
Can you remove worker’s comp cases to federal court?
A
No. Even if the parties are from different states and the amount is high enough. Federal law bans removal of state workers comp cases to federal court.
10
Q
Effect of physical evidence obtained in violation of Miranda
A
Still admissible as long as the statement was not coerced
11
Q
Is a photo array a critical stage requiring the presence of counsel?
A
No
12
Q
Are Miranda warnings required when a suspect who is subject to custodial interrogation is not aware that the interrogator is a police offocer?
A
No
13
Q
Tortious interference
A
- Valid contract between plaintiff and 3rd party
- D intentionally and improperly interfered with the contract performane
- Interference caused monetary loss
14
Q
Attractive nuisance
A
- Condition is located where the land possessor knows or should know that children are likely to trespass
- Condition imposes unreasonable risk of serious bodily harm or death to children
- Children of trespasser’s age cannot reasonably discover or appreciate the risk
- Risk outweighs the condition’s utility and burden of eliminating risk
15
Q
Easement by estoppel
A
created through good faith, reasonable, detrimental reliance on the servient estate owner’s permission to make a limited use of his/her land
16
Q
100 mile bulge rule
A
Establishes PJ over a party if
1.Added to the suit through impleader or required joinder
- Served with process within 100 miles of the federal court where suit is pending
17
Q
Traditional contributory
A
P’s negligence completely bars
18
Q
Pure comparative
A
P negligence reduced by percentage of fault
19
Q
Equal dignitaries rule
A
Agent’s authority must be in writing
20
Q
Landlord handling of security deposit
A
must keep security deposit in escrow account but the earned interest belongs to the tenant
21
Q
Real covenant will bind successors if
A
- Writing
- Intent
- Touch and concern
- Horizontal privity
- Vertical Privity
- Notice
22
Q
SMJ For statutory interpleader
A
AIC of $500 and minimal diversity
23
Q
Relief from judgment
A
Must be made within 1 year and based on limited grounds
24
Q
Statements made during settlement or plea negotiations are..
A
generally inadmissible against a defendant who participated in the negotiations or made the plea BUT D can waive this protection if waiver is made knowingly and voluntarily
25
5th amendment federal laws based on citizenship
only need to satisfy rational basis
26
Express preemption
When constitution or federal law explicitly bars state regulation
27
A motion of remmitiur
A motion for remittitur is used to challenge an allegedly excessive jury award of damages. If granted, the plaintiff must then choose between (1) a reduction in damages or (2) a new trial on damages.
28
Defamation vs negligent communication
Defamation requires proof that the defendant intentionally or negligently communicated a false statement about the plaintiff to a third party. Negligent communication occurs when it is reasonably foreseeable that a third party might hear the defendant's statement.
28
Joint tenancy and judgment liens
Under a joint tenancy, a deceased tenant's property interest disappears and is absorbed by the surviving tenants due to the right of survivorship. As a result, a judgment lien on the deceased tenant's interest also disappears.
29
Is consideration required for a deed?
No, even when deed states consideration has been paid.
30
Final Pretrial Order and Modification Standard
At the final pretrial conference, a federal district court judge will issue a final pretrial order that formulates a plan for trial. The court may modify this order only to prevent manifest injustice.
31
When is new consideration for a contract modification not required?
Under common law, contract modifications generally must be supported by new consideration—ie, each party must alter its duties in some way. But new consideration is not required if the modification is fair and equitable in light of unanticipated circumstances.
32
Authority to revoke citizenship
Congress has plenary (i.e., exclusive) power to regulate naturalization—i.e., the process through which noncitizens obtain U.S. citizenship. But the Fourteenth Amendment limits this power by prohibiting Congress from revoking the citizenship of any U.S. citizen without his/her consent unless that citizenship was obtained by fraud or in bad faith.
33
Appointments clause
The appointments clause grants Congress the power to delegate the appointment of inferior federal officers to the President alone (i.e., without Senate approval), the heads of executive-branch agencies, or the federal courts.
34
When can Congress delegate incidental powers?
Congress can delegate incidental legislative powers to federal agencies if it provides an intelligible principle to guide the agency—i.e., a clear statement defining (1) the policy Congress seeks to advance, (2) the agency to carry out that policy, and (3) the scope of that agency's authority.
35
Does government funding or licensing trigger state action?
government funding (however substantial) or licensing does not trigger this doctrine.
36
Profit a pendre
Because a profit is an interest in land, the profit holder (eg, timber company) is entitled to compensation if the government condemns the property under the power of eminent domain. This is true regardless of whether the profit holder paid value or has an exclusive right to remove the resources
37
When judge is the trier of fact
When a judge is the finder of fact, the judge must find the facts specially and state its conclusions of law separately. A judge may do so on the record rather than in a written opinion.
38
Can a party immediately appeal a trial court's denial of a motion to dismiss for lack of subject matter jurisdiction?
No.
The denial of a motion to dismiss for lack of subject matter jurisdiction is an interlocutory order — not a final judgment — so it is not immediately appealable.
👉 Appeals courts generally only have jurisdiction over final decisions from trial courts.
👉 The party must wait for a final judgment before appealing the subject matter jurisdiction ruling.
39
When is a time, place, and manner restriction on speech in a public forum valid under the First Amendment?
It is valid if:
It is content neutral (not based on topic or viewpoint),
It is narrowly tailored to serve a significant government interest,
It leaves open other ways to communicate the message.
40
Under the preexisting duty rule, can a party enforce a promise to pay more for the same work already promised under a contract?
No. Under the common law preexisting duty rule, a promise to do what you’re already legally obligated to do is not valid consideration for a contract modification.
✅ Modifications must be supported by new consideration, unless there are unforeseen difficulties making performance impracticable.
❌ Simply delaying work or mismanaging time doesn’t count.
41
Can an intended third-party beneficiary still lose their right to payment if the original party breaches the contract?
Yes. The third party beneficiary only gets what the original party would have received.
42
When can a lawyer NOT use leading questions during cross-examination?
when a lawyer questions their own client after the other side called them.
👉 That’s too suggestive and treated more like direct examination.
Leading questions are only allowed if it’s real cross-examination (questioning the other side’s witness).
43
Does a PMM need to be named in a junior lender's foreclosue action?
A purchase-money mortgage (PMM) does not need to be named in a junior lender’s foreclosure action because:
It’s senior (first in time),
It was used to buy the property, which gives it strong priority, and
It keeps its rights even if the junior lender forecloses.
44
When can a cross-claim be asserted?
A cross-claim may be asserted by a defendant against another defendant or by a plaintiff against another plaintiff if the cross-claim arises out of the same transaction or occurrence as the initial claim, without regard to the amount in controversy or the citizenship of the parties to the cross-claim as long as the court has subject-matter jurisdiction
45
Interpleader requirements
Minimal diversity: only two or more claimaints need to be from different states
AIC: $500 or more
46
Perfect tender rule
f the goods aren’t exactly right — in quality, quantity, or timing — the buyer can reject them
47
Exceptions to perfect tender rule
1. Seller's right to cure. if time for delivery hasn't expired, the seller can fix the problem and try again.
- even after the deadline, cure may be allowed if the buyer has allowed late deliveries in past
2. Installment Contracts
- if the contract is for multiple deliveries, the buyer can only reject a single installment if it substantially impairs the value of that delivery
3. Buyer's waiver or acceptance
48
What is required for public nuisance?
Plaintiff sustained special damage different from that suffered by the public at large.
49
Under the UCC, can parties orally modify a written contract that includes a no-oral-modification clause?
❌ No. Under UCC Article 2, a no-oral-modification clause in a written, signed contract is enforceable.
✅ Any attempted oral modification is invalid unless it is put in writing.
➡️ If one party relies on an invalid oral modification, they bear the risk of breaching the original written terms.
50
Incidental beneficiaries
An incidental beneficiary is a third party who benefits from a contract, even though the contracting parties did not intend to benefit the third party. As a result, an incidental beneficiary cannot enforce a contract under any circumstances.
51
Can a person assign their right to payment under a service contract?
✅ Yes. A person can assign their right to be paid, even under a personal services contract, as long as:
They’re not assigning who does the work (just the right to get paid)
The work was actually performed
The assignment doesn’t unfairly hurt the person who has to pay
🛑 No writing is required for a valid assignment of payment rights under a service contract.
52
Under UCC, When can a buyer compel delivery of goods?
The goods are identified and the seller is insolvent within 10 days of payment, or
The goods are unique, or
The buyer cannot cover despite reasonable efforts.
53
What happens when a senior mortgage is modified in a way that hurts a junior lienholder?
Only the new harmful part (like a higher interest rate) is subordinated—moved behind the junior lien.
The original mortgage still stays senior.
54
Can an easement appurtenant be used to benefit newly acquired land?
❌ No. An easement appurtenant can only benefit the original dominant estate (the land it was intended to help when granted).
🛑 It cannot be used for property acquired later, even if the extra use (like more traffic) is modest.
✅ If used for other land, a court may grant an injunction to stop the misuse.
55
What makes a real covenant enforceable against future landowners?
✅ Writing
✅ Intent for it to run with the land
✅ It touches and concerns the land (affects use or value)
✅ Privity (legal relationship) between parties
✅ Notice to the new owner
56
Installment Contract and Ability to Reject
In an installment contract, the buyer may reject any installment that is non-conforming if the non-conformity substantially impairs the value of that installment and cannot be cured.
57
Equitable subrogation
Equitable Subrogation allows someone who pays off a mortgage (usually at the borrower’s request) to “step into the shoes” of the original mortgagee and take on that lien’s priority status, even if their own mortgage is recorded later — as long as there are no unfair circumstances or harm to intervening parties.
58
Can a grantee recover costs from the grantor under a warranty deed if the grantee successfully defends a wrongful quiet title action?
❌ No. A covenant of warranty only requires the grantor to defend or compensate against valid (lawful) claims of title.
✅ If the grantee successfully defends a quiet title action, the grantor has not breached the covenant—because there was no defect in title.
📜 Black Letter Law: A covenant of warranty protects against lawful claims of a third party, not against every claim made, and is only breached if the claimant prevails.
59
Permissive intervention
Under FRCP 24(b), a nonparty can intervene permissively if their claim or defense shares a common question of law or fact with the main case.
They must also have a separate basis for jurisdiction, and their intervention must not destroy diversity.
60
Relief from judgment
Under FRCP 60(b)(2), a court may grant relief from judgment if there is newly discovered evidence that could not have been found earlier with reasonable effort.
But if the evidence was in the party’s possession and could’ve been found with due diligence, the motion will likely fail.
61
Best evidence rule only applies to
writings, recordings, photographs
62
A state tax that affects trade with other countries has to meet four basic rules
There has to be a real connection between the business and the state.
The tax has to be divided up fairly if the business operates in more than one place.
The tax can’t treat out-of-state or foreign businesses worse than local ones.
The tax must be related to services or benefits the business gets from the state.
Plus, when foreign countries are involved, the tax:
Can’t cause businesses to get taxed multiple times by different countries, and
Can’t interfere with the federal government’s power to handle foreign relations.
63
What law governs whether an amended pleading relates back in a federal diversity case
Under federal-rule analysis, a federal court sitting in diversity must apply a valid federal law that is arguably procedural and does not modify a substantive right. FRCP 15 governs the procedural issue of whether an amended pleading relates back to the date that the original pleading was filed.
