Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

MBE Final Review > Notes > Flashcards

Notes Flashcards

(77 cards)

Start Studying
1
Q

Larceny by trick requires

A

a false statement of past or present material fact

-gain possession

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

False pretenses requires

A

a false statement of past or present material fact

  • gain possession
  • gain title
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the default Theory of Felony Murder

A

Agency Theory of Felony Murder
-A co-felon is guilty of felony murder only where the
killing is caused by one of the participants/co-felons.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Human shield exception to Agency Theory of Felony Murder

A

co-felon is guilty of the death of a human shield even if not killed by felon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Redline Rule on Felony Murder

A

To be guilty of felony murder,

  1. the killing must have been done in the furtherance of the felony,
  2. and the victim must be an innocent party.

≠the person killed is a co-felon.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the firefighter’s rule?

A

Public safety officers are prohibited from tort recovery for

personal injuries suffered while in the line of duty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What happens when a condition against assignment is waived?

A

It cannot be enforced again

≠ “one time waiver”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

When are leading questions appropriate?

5

A
  1. On cross examination
  2. Hostile or adverse witnesses
  3. Questioning children
  4. Refreshing a witness
  5. Preliminary background matters
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When is character admissible in a civil case?

4

A

When character is “in issue”

  • Defamation- plaintiff
  • Child Custody- parents
  • Negligent Entrustment- entrustee
  • Negligent Hiring- employee

All three forms admissible (R, O, SA)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What forms of character evidence come in a civil case?

A

All three forms admissible (R, O, SA)

Has to be defamation, child custody, negligent entrustment, negligent hiring.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

When must Miranda warnings be given?

2

A

∆ in custody
+
∆ interrogated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Circumstances where the police have custody for purpose of Miranda?

A
  1. told to appear at police station
  2. threat of arrest
  3. arrest

≠when allowed to leave from ∆’s standpoint

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Liability under a mortgage if

  • assumed?
  • taken subject to?
  • Default?
A

If assumed, then personally liable

If subject to, then not personally liable

Default = subject to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Quitclaim Deed guarantees?

A

the right to what the grantor has

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Special Warranty Deed guarantees?

A

title free of defects from grantor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

General Warranty Deed guarantees?

A

title free of defects created by grantor and all prior titleholders

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the covenants of title?

  • At time of sale?
  • Future?
A

• 3 Present (Only at time of sale)

  • Covenant of seisin
  • Covenant of right to convey
  • Covenant against encumbrances

• 3 Future (Past the time of sale)

  • Quiet enjoyment (challenges to title)
  • General warranty
  • Further assurances
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

When are liquidated damages clauses valid?

2

A
  1. damages are difficult to determine at the time of contract formation
    +
  2. damages are reasonable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

How to modify a contract

  1. U.C.C.
  2. Common Law
A

UCC (goods) = no consideration required, just “good faith”

Common Law (service) = consideration is required based upon “pre-existing duty rule”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

When to invoke substantive due process

A

Law applies equally to all persons, yet precludes, restricts, regulates a protected fundamental right

  • Right to Vote
  • Right to Travel
  • Rights of Privacy
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When to invoke equal protection

A

Law applies differently to similarly situated people, classified.

The law affects the rights of only some people with respect to a specific activity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

How to raise an equal protection claim when a statute is neutral on its face?
(2)

A

πmust show
1. Discriminatory Effect
+
2. Discriminatory Purpose

If so, then gov’t must show compelling interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

When does the state have to prove rationale basis?

A

never, rationale basis burden will always be on π

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the scope of medical personnel that are covered by the physician-patient privilege?

A

Must be a doctor or under the instruction of a doctor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Amount in controversy for SMJ does not include what type of damages?
Punitive Damages
26
Right to Counsel in: 1. Photo Arrays 2. Lineups/Showup
No right to counsel in photo arrays No right in a pre charge lineup Right to counsel in a post charge lineup
27
To attack an unduly suggestive lineup, there must be | 2
1. identification must be unnecessarily suggestive + 2. identification creates a substantial likelihood of misidentification -exclude identification unless independent source exists
28
When are employers responsible for intentional torts of employees?
Not normally; however, employer will be liable when intentional torts is foreseeable in the scope of their work
29
Which amendment provides the right to a civil jury trial?
7th Amendment
30
When must a jury trial be requested?
No later than 14 days after the last pleading directed to the issue is served.
31
Best Evidence Rule Applies when? | 2
1) Where the testimony is reliant on the writing, not on personal knowledge, or 2) Where the writing has independent significance
32
When can congress make a state enact or enforce a regulatory program?
Never can force; however, can use purse strings to induce performance
33
Who has standing to file a private nuisance claim?
The person who occupies the property If rented, then renter has standing and not the owner
34
How is the doctrine of continuing trespass applied?
When a person takes something without intent to permanently deprive, then Later establishes intent to permanently deprive -Their original taking becomes a larceny
35
When a buyer accepts non-conforming goods delivered by a seller, what is the rate they must pay?
The contract rate for the conforming goods even if the non-conforming goods are more expensive
36
What occur before monetary sanctions under Rule 11?
The court must first issue a show-cause order **before** voluntary dismissal or settlement of the claims
37
A regulatory taking occurs when?
A regulation denies the owner all reasonable economically viable use of his land
38
Taking v. inverse condemnation?
1. In a taking, the government is the π | 2. in an inverse condemnation - gov't is ∆
39
Public Use Taking requirement
Benefit the public generally -does not have to be held out for use by the general public
40
Difference between Equitable Right of Redemption v. Statutory Right of Redemption
Equitable Right of Redemption = before foreclosure Statutory Right of Redemption = after foreclosure
41
What is clogging the right of redemption?
When you put a clause in the contract waiving right of redemption -you cannot waive the equitable right to redeem
42
Reformation requires what? | 3
1. antecedent valid agreement that; 2. has been incorrectly reflect in writing 3. established by clear and convincing evidence ***Parol Evidence rule inapplicable to reformation***
43
Seller's (UCC) right to cure when time for performance has passed? (3)
1. if seller has **reasonable grounds** to believe that tender would be acceptable 2. if notifies the buyer; 3. May have reasonable time to substitute a conforming tender
44
Perfect tender requires that
there is a perfect tender on the day that it is due
45
Trespass liability attaches if | 4
1. intentional entry 2. negligent entry + damages 3. Reckless entry + damages 4. Strict liability + damages
46
PJ based upon minimum contacts | 2
1. systematic and continuous contact with forum state (any cause can be brought) 2. isolate contacts purposefully directed at the forum (specific to those contacts) - Must have purposefully availed himself to the privilege of conducting activities within the forum State
47
Contracts Clause prevents
the *STATES* from retroactively impairing the obligation of an existing public or private contract -cannot lobby the state to invalidate your contract in your favor
48
Ex post facto only applies to
criminal law
49
Can you solicit an attempt?
no, they either do it or they do not do it ≠ solicitation if solicitor knows crime is impossible
50
Burden of persuasion for insanity in federal court?
∆ must prove insanity by clear and convincing evidence
51
Specific Intent Crimes Require
Intent to perform the act and bring about the outcome
52
Specific Intent Crimes Examples | 10
SCAR BAFFLE * Solicitation * Conspiracy * Attempt * Robbery * Burglary * Assault * False Imprisonment * First Degree Murder * Larceny * Embezzlement
53
Crimes not requiring Specific Intent Examples
* Rape * Arson * Battery * Involuntary Manslaughter * Depraved Heart Murder
54
Specific Intent Crime Defenses | 3
1. voluntary intoxication 2. Reasonable mistake of fact 3. unreasonable mistake of fact (honest)
55
General Intent Crime Defenses
Only reasonable mistake of fact
56
When can suppressed evidence be used at trial?
To impeach the ∆
57
Confrontation Clause occurs when?
1. Criminal Case 2. Declarant is Unavailable 3. Testimonial Evidence -Only admissible if ∆ given an opportunity to cross-examine the declarant
58
Testimonial v. non testimonial evidence
1. non-testimonial: where primary purpose is to obtain police assistance to meet an ongoing emergency 2. Testimonial: where the primary purpose is to establish or prove past events potentially relevant to later criminal prosecution
59
A person who is a professional or has special skill is | held to what standard?
to possess and exercise the knowledge and skill of a member of the profession or occupation in good standing in similar communities. -Standard is their professional standard
60
A civil action may be brought in what venue? | 3
1. if all ∆'s in same state, any district ∆ resides in 2. a district in which a substantial part of the events occurred or where property is located 3. any judicial district where the parties consent to venue
61
What is the standard for defense of others?
The actor need only have a **reasonable belief** that the person aided would have the right of self defense. minority = only if person actually had to right
62
A Deed Absolute is considered?
a mortgage, not an outright conveyance, it does not cut off the mortgagor's right of redemption -cannot waive foreclosure
63
A principal is liable for torts of independent contractor when? (2)
1. abnormally dangerous activity (blasting) | 2. non-delegable duties (performance of medical services)
64
What can a seller of property take from the property (i.e. what is the test for fixtures)
(1) the items are not permanently attached to the property; (2) the items are not prohibitively heavy; and (3) the items are not custom-designed specifically for the property.
65
A renter of a room has an expectation of privacy when?
Until they check out of the hotel room
66
What does the 11th Amendment provide
A state may not be sued in federal court by its own citizens or citizens of another state without consent
67
What does the 11th Amendment not bar | 3
1. state officials may be sued personally 2. state may be sued by another state or by the United States (SCOTUS) 3. Congress can waive to enforce equal protection
68
In order for there to be a third-party beneficiary, what is a condition precedent?
A valid underlying contract
69
Proper measure of damages in a construction contract
Profits expected + Cost expended (up until time of the breach)
70
Third-party defendant's compulsory v. permissive counter claims?
A pleading must state as a counterclaim any claim that the pleader has against an opposing party if the claim arises out of the transaction or occurrence that is the subject matter of the opposing party's claim;
71
When must a victim die for a ∆ to be tried for homicide
anytime after the ∆'s acts that foreseeably cause the death
72
Double Jeopardy prevents?
5th Amendment A criminal ∆ from being tried twice for 1. the same crime 2. in the same jurisdiction
73
6th Amendment prevents?
deliberate elicitation of incriminating statements once **formal charges** have been filed (critical stages) --> for the specific offense charged -actual waiver required
74
Fundamental Rights to Privacy include | 6
CAMPER ``` Contraception Abortion Marriage Procreation private Education family Relations ```
75
What is the criminal liability of co-conspirators?
guilty of all crimes committed “in furtherance of” the conspiracy (i.e. Pinkerton crimes)
76
What must happens to withdraw from pinkerton crimes in a conspiracy?
- 1) notifies all other members of the conspiracy, and - 2) such notice is timely such that other members have the opportunity to abort their plans
77
When can a request for adequate assurance result in repudiation?
When obligor expresses doubt of their ability to perform, the obligee may demand adequate assurances - if assurances are not forthcoming within a reasonable time - Then, may be treated as a repudiation (must wait for assurances)

MBE Final Review (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions