Week 1

Question 1

Four types of invasion of privacy torts:

Answer 1

1. intrusion upon seclusion
2. Appropriation of name or likeness
3. Public disclosure of private facts
4. Publicity in a false light

Question 2

Conspiracy requires an agreement between 2 persons to commit a crime, but that agreement need not be

Answer 2

Express. It can be implied from conduct demonstrating an intent to jointly achieve a shared criminal intent.

Question 3

Authenticating a document as a reply letter?

Answer 3

The proponent must show:
1. the doc. was written in response to an earlier communication
AND
2. the content make it unlikely that it was written by someone other than the recipient of the earlier communication.

Question 4

When does the 11th amendment allow suits against state officials for violating federal laws ?

Answer 4

1. when the official will pay damages personally,
   OR
2. the suit seeks declaratory or injunctive relief, even if the state would have to pay prospective damages under the court order.

Question 5

Fed. courts can not exercise diversity jdx over cases involving ?

Answer 5

probate matters or domestic relations.

Instead, state courts have exclusive jdx over these types of cases.

Question 6

In Fed diversity action, where no fed substantive law applies, a fed court must look to:

Answer 6

The choice of law rules of the state where the court sits to determine which states’s substantive law to follow.

Question 7

The attorney client privilege protects confidential communications that are made for:

Answer 7

the purposes of obtaining or providing legal assistance for the client.

Comms. made for other purposes - including rendering business advice or opinions - are not protected.

Question 8

Specific devises are adeemed by extinction when

Answer 8

The devised asset is not owned by the testator (or is destroyed or fundamentally changed) upon death.

Question 9

Ademption by satisfaction

Answer 9

When the devisee received the devised asset (or some other asset intended to satisfy the devise) during the testaor’s life.

Question 10

An easement by necessity is implied if:

Answer 10

1. There was unity of estates
2. Common ownership was severed
   AND
3. an easement is ABSOLUTLEY necessary to use and enjoy the land.

If no access to public highway then absolutely necessary and an easement will be implied.

Question 11

What do title insurance policies protect against?

Answer 11

They protect owners and lenders named in the policy, from undisclosed title defects by requiring the insurer to indemnify the insureds for any resulting losses.

IE: the insurer is only responsible for title defects that:
1. are not disclosed in the insurance policy
AND
2. affect the named insureds.

Question 12

A contract is voidable for misrepresentation if:

Answer 12

1. the misrep. was fraudulent or material
2. it induced assent to the K
   AND
3. the adversely affected party justifiably relied on the misrep.

Question 13

Under the doctrine of transferred intent, intent for battery exists if the D intended to commit an assault - but instead committed a battery? true/false

Answer 13

True

Question 14

Define Negligent Misrepresentation

Answer 14

1. The D neg. provided false info during the course of their business or profession.
2. The P justifiably relied upon the false info and suffered pecuniary loss as a result.
3. the P was in a contractual relationship with the D or was a 3rd party known by the D as one for whose benefit the info was supplied.
4. P’s reliance is not justified if the info was obviously false or is the D was clearly stating a lay opinion.

Question 15

Under the MPC does, unlawfully moving a victim a substantial distance through two states lead to a crime of kidnapping in both states?

Answer 15

Yes

Question 16

For corp. clients, federal law extends the attorney-client privilege to confidential comms from any employee that:

Answer 16

1. concerned matters within the employee’s corporate duties
   AND
2. were made for the purpose of securing legal advice for the corp.

Question 17

A deed effectively transfers an interest in real prop when the deed is:

Answer 17

1. delivered by the grantor
   AND
2. accepted by the grantee.

Consideration is not required, even when the deed states that consideration has been paid.

Question 18

A seller remains liable to persons off the land for phys. harm caused by an artificial condition on the land that:

Answer 18

1. existed at the time of the sale
   AND
2. the seller knew, or should have known, existed and posed an unreasonable risk of harm to such persons.

Question 19

Does congress have power to regulate of make exceptions to the SCOTUS jdx?

Answer 19

Yes, under Article 3 exceptions clause, they have almost unlimited power to alter jdx.

Question 20

What is an equitable servitude?

Answer 20

An express or implied covenant (ie promises) regarding land that are enforceable in equity (usually by injunction) against the promising party and their successors in interest.

Question 21

The attorney client privilege protects comms that are made for:

Answer 21

the purpose of obtaining or providing legal assistance for the client and intended to be kept confidential.

Question 22

The 6th amend. right to jury trial entitles criminal d’s who could be sentenced to more than 6 months in prison to a jury of:

Answer 22

At least 6 people. Then D can then be convicted ONLY by a unanimous jury verdict.

Question 23

Service by publication is permitted only when:

Answer 23

the D’s identity or address is unknown and unobtainable.

Question 24

If an offer includes that a seller must actually receive the acceptance on a certain date does this override the mail box rule?

Answer 24

Yes, the offeror can override the mailbox rule, by stating that acceptance must be received by a certain date.

Question 25

Statement made for medical diagnosis or treatment, hearsay exception:

Answer 25

1. Statements made for and reas. pertinent to medical diagnosis or treatment AND 2. Describes declarants: medical history, past or present symptoms, or inception or gen. causes of symptoms.

Question 26

Venue is never based on the P's state of residence, T/F?

Answer 26

True

Question 27

A district court may certify an order for appeal if it states in writing that: (2)

Answer 27

1. there is a sub. difference of opinion on the controlling question of law AND 2. an appeal may materially advance the ultimate termination of litigation.

Question 28

How soon must an application to the appellate court be made after entry of an order?

Answer 28

Must be made within 10 days of entry of the order.

Question 29

Assignment of a lease is a complete transfer of a tenants interest to a 3rd party for the remainder of the tenants lease terms, therefore:

Answer 29

1. the original tenant retains privity of contract due to the lease AND 2. the assignee gains privity of estate since the landlord's right of possession now follows the assignee's. Look for scenarios with landlord Tenant, and then assignment of lease by informal writing transferring "lease rights" for remainder of lease. Very specific facts needed.

Question 30

When an out of court statement is admitted under a hearsay exception, can the declarant be impeached as if the declarant had testified at trial?

Answer 30

Yes, for example the witness can be cross examined on the declarants bad acts that are probative of the characters character for truthfulness. Scenario: has to be out of court declarant, and admissible hearsay, then the opp can cross exam testifying witness challenging creditability of declarant.

Question 31

When is notice required to form a unilateral K?

Answer 31

1. If the offer requires notice, OR 2. is the offeree has reason to know that the offeror would not learn of the completed performance within a reas. time. Scenario: look for unilateral offer, where the other party might not find out about acceptance.