Exam 4

Question 1

Chattel Property

Answer 1

Category or property associated with movable goods.

Question 2

Fixtures

Answer 2

Goods that have become so related to particular real property than an interest in them arises under real property law

Question 3

Trademarks

Answer 3

A word, phrase, design, or combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods and services.

Question 4

Patents

Answer 4

Technical inventions, such as chemical compositions like pharmaceutical drugs, mechanical processes like complex machinery, or machine designs that are new, unique, and usable in some type of industry.

Question 5

Copyright

Answer 5

Artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium, such as paper, canvas, film, or digital format.

Question 6

Concept of right of survivorship

Answer 6

Each tenant possesses an undivided interest in the whole estate. When one tenant dies, the tenants interest disappears and the others tenants’ shares increase proportionally and obtain the rights to the entire estate.

Question 7

Attributes of tenancy by the entireties

Answer 7

Only applicable to husbands and wives; neither spouse can individually terminate it; alone they can not sell or lease an interest in such property without consent of the other.

Question 8

Key distinction between joint tenancy & tenancy in common

Answer 8

Joint tenants must receive their property interest simultaneously and from the same source and must have an equal share with equal right to possess the entire property. On the other hand, tenants in common can receive their interest at different times and sources and don’t have to possess equal shares.

Question 9

Attributes of a life estate

Answer 9

Lasts until the death of the owner or another specified individual.

Question 10

Distinction between a warranty deed & quitclaim deed

Answer 10

Warranty deed makes a promise. Quitclaim deed makes no promise.

Question 11

Constitutional requirements for government’s exercise of eminent domain

Answer 11

Fifth Amendment: Property must be put to public use & the owner is entitled to “just compensation” for his loss.

Question 12

Nature of an FED action

Answer 12

Forcible eviction and detainer: action to evict a tenant.

Question 13

Sources of law governing civil procedure in Alaska

Answer 13

Rules of court: General & Local
Statutes
Case Law

Question 14

Key distinctions between an action at law & an action in equity

Answer 14

At law: Claim for damages
In equity: Claim for non-monetary remedy

Question 15

Personal jurisdiction vs subject matter jurisdiction

Answer 15

Personal jurisdiction: Authority over parties & may be created by parties’ consent.
Subject matter jurisdiction: Authority to hear type of proceeding & cannot be created by court or parties’ consent.

Question 16

In rem jurisdiction vs in personam jurisdiction

Answer 16

In rem: against a thing
Personal: Authority over parties.

Question 17

Concept of venue

Answer 17

Proper geographical court in which to file an action (where defendant resides or where cause of action arose)

Question 18

Function of a summons

Answer 18

To notify a defendant that a lawsuit has been filed against them and they must file an answer within a specified number of days.

Question 19

Nature of a class action

Answer 19

A suit brought by a “class” representative on behalf of all.

Question 20

Alaska prerequisites for class action

Answer 20

Class is so numerous that joinder of all members is impracticable; questions of law or fact common to the class; claims or defenses of the representative parties are typical of the claims or defenses of the class; and the representatives will fairly and adequately protect the interests of the class.

Question 21

Scope of discovery under Civil Rule 26

Answer 21

Relevant & not privileged; need not be admissible at trial.

Question 22

Attributes of work product

Answer 22

Privileged material prepared in anticipation of litigation.

Question 23

Relationship between work product doctrine & discovery

Answer 23

If work product is requested, the party requesting must show a substantial need for preparation in their case and they’re unable without undue hardship to obtain the substantial equivalent of the materials by other means.

Question 24

Concept of alternative dispute resolution (ADR)

Answer 24

Any method of resolving disputes without litigation.

Question 25

Advantages of alternative dispute resolution

Answer 25

Rapidity, confidentiality & flexibility. Reduces burden on courts, saves public and litigant funds, greater litigant satisfaction.

Question 26

Approximate percentage of civil cases resolved without trial in state courts in recent years

Answer 26

99% (1% concluded at trial in state courts)

Question 27

Public policy in Alaska regarding alternative dispute resolution

Answer 27

There is a strong public policy in favor of the settlement of disputes. They facilitate communication and compromise; encourage litigants to voluntarily resolve their disputes; and simplify, shorten and settle litigation without taking up valuable court resources.

Question 28

Essential distinction between binding & nonbinding ADR

Answer 28

Binding: Agreed to give up their right to go to court and are bound by some method of ADR. Nonbinding: Retain rights to litigate dispute.

Question 29

Attributes of negotiation

Answer 29

Parties discuss contested issues in attempt to resolve dispute & can take place before suit is filed and before or after trial.

Question 30

Attributes of mediation

Answer 30

Third party to evaluate case and bring parties together. Often used in family law, labor law, and personal injury litigation.

Question 31

Law governing arbitration in Alaska

Answer 31

AS 09.43.010 Uniform Arbitration Act

Question 32

Function of a discovery referee or special master

Answer 32

Hired by parties or appointed by court to decide disputed pretrial matters.

Question 33

Plea bargains & issue of disparate power

Answer 33

Allows threats to become a deciding factor in plea bargains.

Question 34

Rules of evidence vs evidence rules commentary

Answer 34

Rules of evidence are the laws and commentary simplifies an explanation of the rules.

Question 35

Four basic types of evidence

Answer 35

Witness testimony Exhibits Stipulated facts Judicial notice (fact or law)

Question 36

Attributes of stipulated facts

Answer 36

Facts on which parties agree; must be offered and admitted into evidence.

Question 37

Attributes of judicial notice

Answer 37

Not subject to reasonable dispute in that it is either generally known within this state or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

Question 38

Categories of judicial notice

Answer 38

Fact and law

Question 39

Lay witnesses & personal knowledge

Answer 39

Lay witnesses give testimony about an event based on his or her personal knowledge.

Question 40

Definition of relevant evidence

Answer 40

Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

Question 41

Function of Evidence Rule 403

Answer 41

Evidence may be excluded if its probative value is outweighed by the danger or unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

Question 42

Types privileges recognized under the Alaska Rules of Evidence

Answer 42

Refuse to be a witness, refuse to disclose any matter, refuse to produce any object or writing, prevent another from being a witness or disclosing any matter or producing any object or writing.

Question 43

Four common methods of impeaching a witness

Answer 43

Personal bias Prior inconsistent statements Prior convictions Character for untruthfulness

Question 44

Definition of hearsay

Answer 44

Out of court statement offered in evidence to prove the truth of the matter asserted.

Question 45

Five parts to a trial identified in jury instruction 1.03

Answer 45

Opening statements Presentation of the evidence by both parties Closing arguments Instruct the jury about the law they must apply to reach their decision Jury deliberations

Question 46

Sources of law governing conduct of state court trials in Alaska

Answer 46

AK Civil Rule 46 (Conduct of Trials) Criminal Rule 27 (Proceedings upon trial - management of juries)

Question 47

Sources of law governing federal trials in Alaska

Answer 47

Chapter 121

Question 48

Function of a motion in limine

Answer 48

A motion, heard in advance of jury selection, which asks the court to instruct the defendant (or plaintiff), its counsel and witnesses not to mention certain facts unless and until permission of the court is first obtained outside the presence and hearing of the jury.

Question 49

Essential elements of a trial brief

Answer 49

No more than 25 pages and must include: Listing by docket number of the operative complaint and each substantive pre-trial order Description of each claim that is at issue for the trail, together with a summary, by claim, of the anticipated evidence Discussion of relevant legal authority Summary of anticipated evidentiary issues

Question 50

Source of jury venire in Alaska

Answer 50

Adults who apply for PFD

Question 51

Function of voir dire

Answer 51

Potential jurors are question by either the judge or lawyer to determine their suitability for service.

Question 52

Voir dire challenges for cause vs. peremptory challenges

Answer 52

For cause: denial due to juror not be fair and impartial. Peremptory: denial without reason.

Question 53

Verdict requirements in criminal vs. civil cases

Answer 53

Criminal: Unanimous Civil: 5/6

Question 54

Function of an in-court clerk

Answer 54

Administers the oath to prospective jurors & witnesses; responsible for physical exhibits introduced into evidence; responsible for other administrative aspects of a trial.

Question 55

Policy issues associated with felon jury disqualification

Answer 55

Racially discriminatory

Question 56

Function of a Batson challenge & contemporary issues of a representative jury

Answer 56

To point out discriminatory practices; doesn't allow for a jury of one's peers

Question 57

Concept of implicit bias and associated policy issues

Answer 57

Automatic and unintentional bias. May act as a barrier to objective and unprejudiced justice.