Simulated Exam Review (Mixed Subjects)

Question 1

Arrest Warrant Requirement

Answer 1

As a general rule, police must have an arrest warrant to effect an arrest in a person’s name

Question 2

Vicarious Liability

Answer 2

An employer will be vicariously liable for tortious acts committed by the employee if it’s within the scope of employment

Question 3

Hold Over Tenant

Answer 3

If the tenant continues in possession after termination of right to possess, the landlord can treat hold-over tenant as a trespasser and evict or may bind the tenant to a new tenancy

Question 4

Double Jeopardy does not attach to what type of proceeding

Answer 4

Civil Proceeding

Question 5

Intentional Infliction of Emotional Distress

Answer 5

limited to Plaintiffs not only present @ the time but are known by the Defendant to be present so that the mental stress is likely to have been anticipated by the Defendant

Question 6

A landlord’s assignment of rent/reversion interests is the same as a tenant’s assignment of a leasehold interest

Answer 6

A assignee is liable to tenants for performance of all covenants made by the original landlord in the lease provided that the covenants touch and concern the land

Question 7

SCOTUS holds that a person can have evidence excluded on 4th Amendment grounds only if the person’s 4th Amendment’s rights have been violated not another’s 4th Amendment’s rights

Question 8

Plaintiff should have a personal stake in the outcome of the controversy as to ensure the concrete adversariness that sharpens the presentation of issues

Question 9

When a lawyer presents a pleading, written motion, etc., she certifies that:

Answer 9

she conducted an appropriate inquiry before filing the act and that the legal contentions in the complaint were not warranted

Question 10

Depositions of adverse parties

Answer 10

Can be used at trial for any purpose

Question 11

Exclusivity is implied in requirements contracts

Answer 11

Retailer –> Exclusive

Manufacturer –> not exclusive because he suffers a legal detriment

Question 12

RAP

Answer 12

validity of interests under RAP is determined @ the time the interests are created taking into account facts then existing –> lives being plus 21 years begins to run and the measuring lives used to show the validity of an interest must be in existence @ that time

Question 13

Condition Precedent

Answer 13

one that must occur before an absolute duty of immediate performance arises in the other party

Question 14

Condition Subsequent

Answer 14

An occurrence which cuts off an already existing duty of performance

Question 15

Motion for relief from a final judgment can be granted on the basis of what?

Answer 15

Newly Discovered Evidence and must be brought within one year

Question 16

Products Liability Action based on Negligence

Answer 16

Plaintiff must show:

1) negligent conduct by the defendant leading to;
2) the supplying of a defective product by the Defendant

A dealer who buys from a reputable manufacturer with no reason to anticipate the product is dangerous need only make a cursory inspection of the goods to avoid liability from manufacturing defects

Question 17

Videotapes can be admissible as real evidence after being authenticated if relevant and its

Answer 17

Value is not substantially outweighed by undue prejudice (ex. such as to show intoxication)

Question 18

A foreclosure sale

Answer 18

wipes out all junior mortgages but does not wipe out senior mortgages

Question 19

Examining counsel may ask the expert for an opinion and then….

Answer 19

immediately allow opposing party to cross-examine without disclosure of the daa underlying the opinion

Question 20

Loyalty Oath by Government

Answer 20

The government may require employees and other public officers to take a loyalty oath and the oath is upheld if it requires state employees to oppose the overthrow of the government by force, violence, etc.

Question 21

A deceased seller’s interest generally passes as what?

Answer 21

Personal property when purchase price is paid; money passes as personal property to those who take the seller’s personal property

Question 22

A mistake of fact

Answer 22

need not be reasonable when offered as a defense to a specific intent crime

Question 23

Defamation of a private person

Answer 23

Plaintiff must show that the Defendant acted with actual malice or negligently as to the truth/falsity

Question 24

There is no constitutional requirement that all known charges against a Defendant be brought in the same prosecution

Question 25

If illegality is present at the same time of offer, there is no valid offer but if:

Answer 25

Illegality arises after the offer but before acceptance, it operates to revoke the offer

Question 26

If a vendor of land cannot give marketable title but the purchaser wishes to proceed with the transaction:

Answer 26

the purchaser can usually obtain specific performance with an abatement of the purchase price in the amount representing the title defect

Question 27

`Quasi Contract

Answer 27

applies only to prevent unjust enrichment where no contract exists; applies when a person only receives benefits in the absence of an enforceable promise to pay

Question 28

Extrinsic evidence can be used to aid in interpreting a contract; Usage of Trade, Course of Dealing and Course of Performance –> the most specific controls the contract

Question 29

Congress can provide nationwide service of process for a particular category of federal suits

Question 30

A contract that violates the law will be unenforceable based on public policy grounds

Question 31

Multiple plaintiffs may not meet the amount in controversy requirement by aggregating the value of their claims unless their claims are common and indivisible