MBE RULES Flashcards

Question

Character Evidence in Civil Cases | Evidence

Answer 1

Ok if character is at issue or an essential element of the claim

Answer 2

The prosecution is generally not allowed to introduce bad character evidence about a defendant If defendant introduces --> Opens the Door and P may: 1. Call a W to rebut (opinion or reputation) 2. Cross examine D's character W (reputation, opinion, orspecific bad acts) D introduces V's character: only when relevant to defense. P may now: 1. introduce rebuttle evidence of V's character (reputation/opinion) 2. Attack the D's character for same trait

Answer 3

Prosecution may not introduce to prove character but can be admitted if MIMIC 1. Motive 2. Intent 3. absense of Mistake 4. Identity 5. Common plan

Answer 4

Non-occurence of a condition can be excused if the party who benefits waives by words or conduct

Answer 5

After a delegation, the delegating party remains liable unless the other party agrees to release and substitute

Answer 6

Defendant has the specific intent to commit the crime, performs an overt act in furtherence (mere prep not enough), and does not complete it

Answer 7

Defendant has the specific intent to commit the crime, performs an overt act in furtherence (mere prep not enough) or dangerously close, and does not complete it

Answer 8

1. Recall or narrarate the imressions of the occurence at issue 2. Understand the importance of telling the truth

Answer 9

Question for the court, not jury. Court is not bound by the rules of evidence

Answer 10

SI: Shields witness from testifying about things that happened before or during marriage - witness spouse holds MC: Protects confidential communications between spouses during marriage - both hold

Answer 11

Only *named* insurereds who are affected by an undisclosed title defect

Answer 12

When a grantor makes an inter vivos conveyance to with a future interest in the grantor's heirs, the future interest creates a reversion to the grantor not a remainder in the grantor's heirs

Answer 13

Duty to exercise reasonable care to protect its patients from harm arising within the scope of a hospital patient relationship

Answer 14

ONLY commercial sellers, not casual sellers

Answer 15

When the D reasonably believes that 1. the statement affects an important interest of the TP and 2. the communication is socially acceptable This priv is lost if the D knows that statement is false or recklessly disregards that possiility

Answer 16

FMV at time of the conversion

Answer 17

Destruction of serviant estate Abandonment Merger Prescription Estoppel Release (satisfy SOF)

Answer 18

Allows parents to recover for the child's life if they can show that 1. the doctor negligently failed to inform them of a substantial risk that the child might be born with a defect and 2. If they knew of the risk they would not have conceived the child

Answer 19

A federal court sitting in diversity must apply state substantive law and federal procedural law unless a uniquely federal interest conflicts w the state law

Answer 20

CL ignores the "no oral modification" clauses and allows oral modifications of written contracts unless the modification is subject to the SOF

Answer 21

place receipts on conditions of federal funds if conditions are 1. clearly stated 2. reasonably related to the purpose of the expenditure 3. do not induce unconstitutional behavior or 4. are not unduly coercive

Answer 22

Not admissible to prove negligence or other culpable conduct. Admissible to 1. resolve a dispute as to the feasibility of remedial measures 2. prove ownership or control 3. to impeach a witness

Answer 23

Party can move to strike insufficient, immaterial, redundant, scandalous, impertinent matter or defense. Must make before responding to the pleading or within 21 days after being served if a response is not allowed

Answer 24

Court can set aside if showing good cause 1. failure to timely respond was a result of the defendant'sexcusable neglect 2. defendant presented meritorious defense 3. plainitff not substantially prejudiced if case was reopened

Answer 25

Congress can explicityly authorize states and municipalities to act in ways that would otherwise violate the dormant commerce clause

Answer 26

If the entry of judgment was made based on: 1. Mistake, inadvertance, surprise or excusable neglect of the parties or court, 2. Newly discovered evidence, or 3. Opposing counsel's fraud, misrepresentation, misconduct

Answer 27

Never for SL Belief would have justified the D's criminal act had the belief been true or if it negates the requisite mens rea for the charged crime

Answer 28

Typically seen as foreseeable and so they do not reak the chain of causation (think med mal)

Answer 29

Bans suits against state governments in federal court but does not extend to suing local governments like couties and municipalities

Answer 30

In federal cases where a spouse is being charged with a crime against spouse or their child/stepchild/spouse's child

Answer 31

Move for a more definite statement

Answer 32

W can consult with attorney outside jury room, but no 6th amendment right to counsel inside. Exclusionary rule does not apply in grand jury proceedings

Answer 33

An exclusive agreement between a buyer and a seller for the sale of as many goods as the buyer requires for a certain period of time. UCC The buyer's failure to purchase violates implied duty of good faith and fair dealing and is breach of contract under the UCC

Answer 34

State laws that favor in state vs out of state economic interests violates the dormant commerce clause unless they further legit noneconomic state interest and no reasonable alternatives exist Bars states from enacting non discrim regulations that unduly burden on IS commerce when the regulation clearly exceeds its local beneft

Answer 35

A state law is void if it is expressly or impliedly preempted by federal law. All state laws must be at least **reasonably related to a legit state interest** to comply with due process

Answer 36

When some amount of payment was made and accepted

Answer 37

Requires severe emotional distress or distress beyond what a reasonable person can endure. Severity depends on 1. intensity and duration, 2. D's conduct, and 3. presence of bodily harm

Answer 38

Intentional interference with another's tanglible personal property through dispossession, use, or intermeddling. D's erroneous belief because of a mistake of fact or law, that they were privileged to use, is not a defense

Answer 39

Congress can delegate incidental legislative powers if it provides an intelligible principle: Clear statements defining... 1. the policy Congress seeks to advance 2. the agency to carry out that policy 3. the scope of the agency's authority

Answer 40

A court order that the person be brought to determine if their detention is legal. If a person is in federal custody, only a federal court can issue the writ.

Answer 41

The 1A protects the right of the press to publish lawfully obtained and truthful information about matters of public significance, but it does not shield them from general applicable laws in an effort to obtain the information

Answer 42

A federal court may only hear the merits of cases that are actual cases or controversys capable of judicial resolution. If case or controversy ceases to exist or if legal proceedings will have no affect = MOOT (a cow's opinion)

Answer 43

The PQ doctrine bars actions that require courts to resolve issues concerning diplomatic recognition of a foreign government HOWEVER, courts have the authority to determine interbranch disputes when it concerns the validity of a statute

Answer 44

Whether 1. Activity is economic in nature 2. Regulation contains a jurisdictional element 3. Congress made express findings as to the affect on IS commerce and 4. If there is a strong link between the activity and the affect

Answer 45

Always with two exceptions Congress cannot directly remove unless done through impeachment

Answer 46

Someone who holds continuing public office and has significant discretionary authority to administer or enforce laws The president has power to appoint with advice and consent of the Senate

Answer 47

1. Private actor performs traditional and exclusive government function 2. Gov is significantly involved in the private actor's functions

Answer 48

The federal government, its agencies, and its instrumentalities

Answer 49

A D can remove from state to federal if federal allowed to hear because of subject matter jdx through diversity or federal question

Answer 50

A D is encouraged but not required to waive service of process by returning a signed waiver request. If D does not do so, P has to serve proper process before D answers

Answer 51

1. Reasons why it was issued 2. Reasonable description of prohibited or commanded acts (must be made without reference to another complaint or document) 3. Specific terms

Answer 52

A counterclaim is a claim for relief asserted against an opposing party in response to that party's earlier claim. Compulsory: STO as other party's claim and does not require adding another party that the court cannot have jurisdiction over Permissive: all other counterclaims which may be asserted in the pending lawsuit or future litigation

Answer 53

K is voidable if assent stems from unfair or excessive persuasion by someone who dominates or holds a special relationship of trust and confidence with the assenting party

Answer 54

At common law, all essential terms must be covered and must be sufficiently certain and definite for a k to be valid and enforceable

Answer 55

Treated as an untrue assertion of fact if the non disclosing party knows that the diclosure is necessary to preven a previous assertion of being a **misrepresentation**

Answer 56

When a party clearly and unequivocally communicates through words or conduct, that it does not intend to perform. Mere insecurity about a party's inability to perform is not enough but enough to demand assurances

Answer 57

At CL, contract modifications must be supported by new consideration unless fair and reasonable in light of unanticipated circumstances and must have mutual assent to the modifications by both parties

Answer 58

Relevant because it makes a material fact of the D being guilty more or less probable

Answer 59

If it will help the jury understand the evidence or determine a fact AND is based on sufficient facts or data and the product of principles or methods reliably applied by the expert

Answer 60

By testimony of a witness with personal knowledge of the thing depicted to be a fairly and accurate depiction of the thing

Answer 61

D wrongfully caused W's unavailability and done so for the purpose of them being unavailable to testify

Answer 62

D wrongfully caused W's unavailability and done so for the purpose of them being unavailable to testify

Answer 63

1. Rationally based on W's perception 2. Helpful to clearly understand W's testimony or fact in issue 3. Not based on scientific, technical, or other specialized knowledge

Answer 64

Must be authenticated through a prima facie showing that the object is what the proponent claims it to be - commonly done through testimony of someone with personal knowledge

Answer 65

Not allowed UNLESS 1. the W has a chance to explain, deny, and the opposing party can question 2. justice so requires

Answer 66

1. Made by declarant who has testified and is subject to x 2. Offered to rebut a charge of fabrication or improper influence