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Question 1

What is the one situation when you can recover in negligence for pure economic loss

Answer 1

Negligent misrepresentation

Question 2

When is a treatise, periodical or pamphlet admissible for the truth of the matter

Answer 2

Only if it is connected to expert witness testimony

Question 3

When is a law that impairs state contracts ok

Answer 3

if it 1) serves a significant and legitimate public purpose and 2) if the impairment is reasonable

Question 4

Can you introduce evidence of a witness’s reputation for truthfulness when their testimony contradicts someone else’s?

Answer 4

No- not until the witness is impeached

Question 5

One harmless error is not grounds for reversal but….

Answer 5

Cumulative effect of multiple harmless errors may warrant reversal

Question 6

if the law in question is a civil penalty, would negligence per se apply

Answer 6

NO

Question 7

The firm offer rule to hold an offer open for the sale of goods only applies to who

Answer 7

Merchants

Question 8

Is a promise to hold and offer open when both parties are NOT MERCHANTS enforceable (UCC)

Answer 8

No

Question 9

What is the equity of redemption

Answer 9

A mortgagor’s right to redeem a mortgage by paying the past due amount prior to foreclosure. Any agreements that impair the right to redeem are invalid for clogging the equity of redemption

Question 10

Does the Priviledges and Immunity clause apply to corporations?

Answer 10

NO- only the Dormant Commerce clause applies to both individuals AND corporations

Question 11

what can Prior CONSISTENT statements be used for

Answer 11

1) to refute allegations of improper motive OR
2) to rehab credibility

Question 12

in a contributory negligence jx, would P’s own negligence bar recovery IN STRICT LIABILITY

Answer 12

no

Question 13

Does jeopardy attach at prelim hearings?

Answer 13

NO- so that if you get dismissal at prelim for lack of probable cause, you can still have grand jury indictment for same person, same issues.

Question 14

IF you are filing a statement to perfect a security interest, where must it be filed

Answer 14

IN the state where the buyer resides

Question 15

What is the EQUITABLE DEVIATION DOCTRINE

Answer 15

provision of a trust can be change IF THE change will further the purpose of the trust and IF it is because of circumstances not anticipated by settlor

Question 16

if something is a legal impossibility, is it a crime?

Answer 16

NO

Question 17

is an impeachment conviction open to review - thru a writ of certiori

Answer 17

NO

Question 18

A burlary suspect who fails to complete the burglary is also guilty of….

Answer 18

Attempted larceny

Question 19

Ways Personal Jurisdiction can be established

Answer 19

1) specific jurisdiction: minimum contacts/fair play and substantial justice- due process and state long arm statute

2) general jurisdiction- d has continuous/systematic contacts w forum state so that D is essentially at home there- domicile

Question 20

A contract for “permanent employment” can be terminated when and by who

Answer 20

Terminated any time by either party for any reason. Essentially working “at will”

Question 21

Can jurors determine the genuineness of handwriting based on comparisons to authenticated samples

Answer 21

Yes

Question 22

Do identical cross offers form a contract

Answer 22

NO

Question 23

if a party’s assent to a contract is induced by fraudulent or material misrepresentation, what happens to the contract

Answer 23

Voidable

Question 24

Maximum number of deposition a party can take without getting leave from ct

Answer 24

10

Question 25

is there a limit on the number of Request for production of documents you can serve on parties

Answer 25

NO

Question 26

Negligent intervening acts are generally ____

Answer 26

foreseeable- i.e don't break the chain of causation

Question 27

Can a property crime like larceny be for intangible property?

Answer 27

NO.. (I.e you can't have larceny for trade secrets)

Question 28

Do sentencing factors require proof beyond a reasonable doubt

Answer 28

No, not unless the factor would increase the criminal penalty BEYOND THE STATUTORY MAXIMUM

Question 29

What type of damages can you usually NOT get in contracts

Answer 29

punitive damages (unless there is underlying tort)

Question 30

Disclaimers of warranties must be _____

Answer 30

conspicuous

Question 31

a seller saying a product is perfect for exactly the job you want to do is which warranty

Answer 31

Implied warrant of fitness for particular purpose

Question 32

If a buyer rightfully rejects goods or revokes their acceptance, what can he get

Answer 32

Damages

Question 33

statements for medical diagnosis or treatment are allow in evidence if they say what

Answer 33

How a person was injured but NOT who injured the person

Question 34

time limit to move for summary judgement

Answer 34

Anytime up to 30 days after the close of discovery

Question 35

can cases on partisan gerrymandering/ redistricting to favor a political party - be heard by the supreme court

Answer 35

No- they would be a non justiciable political question

Question 36

if after the case is over, the law pertaining to the case has changed, what motion can you make

Answer 36

Motion to Amend a final judgement- for new evidence or law changes- with 28 days

Question 37

max number of depositions

Answer 37

10m

Question 38

max number of interrogatories

Answer 38

15

Question 39

max number of requests for production

Answer 39

unlimited

Question 40

an implied warranty or written disclaimer must be ____

Answer 40

very conspicuous- in larger print

Question 41

If buyer ASSUMES a mortgage, who is liable in default

Answer 41

Both Buyer and original owner

Question 42

if buyer takes SUBJECT to the mortgage, who is liable in default

Answer 42

Just original owner

Question 43

when does physician's failure to disclose risks of a treatment = liability for negligence

Answer 43

1) if the failure to disclose caused patient to consent to treatment he wouldn't have otherwise AND 2) if the undisclosed risk materialized and caused the patient HARM

Question 44

If a prisoner is suing on his own behalf (not class action suit) for treatment in prison but in the midst, he gets released...

Answer 44

case is moot

Question 45

Can a court use POST-contract evidence of contract term's meaning?

Answer 45

Yes

Question 46

attempted ANYTHING is what type of crime? SO what type of mistake is ok

Answer 46

specific intent crime so UNREASONABLE mistake is valid

Question 47

2 methods of intestate succession when dying without a will

Answer 47

1) per capita with representation 2) per capita at each generation

Question 48

Does an expert witness need personal knowledge

Answer 48

No

Question 49

is a 911 call or statement to police about ongoing emergency, a testimonial statement for the purpose of confrontation clause

Answer 49

NO

Question 50

The issuing state for child support has excuse jx to modify support as long as ____

Answer 50

At least one parent or kid lives there

Question 51

In LLC, does allocation of losses follow allocation of profits?

Answer 51

NO- so if profits are divided 80/20, remember that LLC protects against losses so members are NOT liable for losses individually

Question 52

if corporation acts in oppressive manner to minority shareholders, what can court do

Answer 52

Order dissolution

Question 53

to prevail in a suit to compel payment of dividend, a shareholder must show what

Answer 53

That the director(s) acted in bad faith in their refusal to pay- i.e that they were motivated by personal interests. Can be show by: -hostility of controlling s/h to minority -exclusion of minority from employment -high salaries/bonuses to controlling group -desire by controlling s/h to buy minority stock as cheap as possible

Question 54

does right to counsel attach at bail or bond hearing

Answer 54

NO

Question 55

is a handwritten will always holographic

Answer 55

No- if it is signed and witnessed, then not considered holographic

Question 56

what is abatement

Answer 56

When assets of the estate are insufficient to pay off all bequests in will. bequests will be reduced in specific order 1) residuary 2) general (fixed $ Amt) 3) specific (identifiable property)

Question 57

what level of scrutiny for laws regarding campaign EXPENDITURES

Answer 57

strict scrutiny

Question 58

what level of scrutiny for laws regarding campaign contributions

Answer 58

Intermediate scrutiny

Question 59

modified comparative jx- plaintiff's recovery is barred if it exceeds what

Answer 59

50%. Note- if equal to 50%, she can still recover

Question 60

to take away a property or liberty right like taking kids from parents permanently, what is burden of proof

Answer 60

at least clear and convincing evidence (must be higher than preponderance)

Question 61

a trust is valid if it has

Answer 61

a trustee, beneficiary and trust property

Question 62

signing a contract for sale does what to a joint tenancy

Answer 62

BREAKS IT

Question 63

indemnification means what

Answer 63

Allows an employer who was liable solely b/c of idiot employee who committed tort in scope of employment, to seek 100% of damage act from that employee

Question 64

what is the default place for delivery of goods

Answer 64

Seller's place of business

Question 65

a private citizen is privileged to arrest or confine someone when

Answer 65

1) a felony has been committed AND 2) the citizen REASONABLY believes the person committed the felony

Question 66

Can the court directly impose sanctions on an atty

Answer 66

Yes, and they don't require the 21 day safe harbor first

Question 67

a time, place and manner speech law that is CONTENT NEUTRAL must be

Answer 67

-narrowly tailored to serve significant govt interest -leave open alternative channels of communicaiton

Question 68

the firefighters rule only bars recovery for negligence that what

Answer 68

that required the rescuer at the scene, it doesn't cover someone else negligently crashing into them

Question 69

is there a right to jury trial at the state level for civil cases

Answer 69

NO. 7th am is NOT incorporated against the states

Question 70

what level of scrutiny for state laws that discriminate against out of state commerce either on their face or in their effect

Answer 70

Strict scrutiny

Question 71

if state law is not discriminatory against out of state commerce, how can it still be invalidated

Answer 71

If burden on I/c is clearly excessive in relation to state benefits

Question 72

if the purpose or formation of a contract is against the law, is there any remedy for breach of that contract

Answer 72

NO

Question 73

under MPC, can theft be of intangible goods

Answer 73

Yes

Question 74

what is custody for purpose of miranda

Answer 74

- either FORMAL ARREST OR -physical restraint by police or told by officers he is not free to leave --> i.e. person would not feel free to leave

Question 75

If a person is asked to come to police station to answer questions (but they are free to leave), are they in custody for purposes of miranda

Answer 75

NO

Question 76

what is implied in FACT contract

Answer 76

from conduct i.e. guy mistakenly paves neighbor's driveway and the neighbor doesn't object

Question 77

What is an implied IN LAW contract

Answer 77

A quasi contract/unjust enrichment. ex. physician treats unconscious person at accident scene then sends bill

Question 78

claims heard under supplemental jurisdiction do not need to meet amount in controversy but they need what

Answer 78

To be from same transaction or occurrance

Question 79

Under UCC, a breaching buyer is entitled to what if they made advance payments

Answer 79

they can get back advance payments but offset by seller's damages (lost profits if high volume seller)

Question 80

under promissory estoppel, an offer becomes irrevocable if the offer reasonably and detrimentally relies on the offer before ______

Answer 80

acceptance

Question 81

in forming a contract, if either party intended to make a gift, is there consideration

Answer 81

NO. So "I promise to give x" is not consideration

Question 82

who has the burden to prove the chain of custody for evidence is substantially unbroken

Answer 82

the government

Question 83

do parents have a FUNDAMENTAL right to direct their child's education/choose what school the kid should attend

Answer 83

Yes so strict scrutiny

Question 84

what is a novation

Answer 84

A subsequent contract that substitutes a new party for one of the original parties

Question 85

what are exceptions to the mailbox rule- such that acceptance is valid for these when received

Answer 85

option contract or firm offer

Question 86

can a co-tenant lease his property interest to 3rd p without other co-tenants consent

Answer 86

Yes, but the third party would possess and use the entire property along with the other co-tenants, and they share the rent