Week 6

Question 1

Criminal liability can arise from a failure to act if the D:

Answer 1

Has a legal duty to act (eg, by voluntarily assuming care of another) and could have reasonably done so.

However, omissions in performing that duty will not result in criminal liability if the omitted action could not be reasonably performed.

Question 2

Supplemental jurisdiction

Answer 2

define

Question 3

Under the UCC, do modifications of a contract that falls within and satisfies the SOFs need to be in writing?

Answer 3

No, unless they affect the subject matter of the contract or the quantity of goods to be sold.

OR there is a contract clause that requires written modification.

Question 4

When are contract clauses requiring written modification enforceable? (3)

Answer 4

1. Common Law:
   - such a clause is unenforceable
   - the unwritten modification is valid unless SOF applies
2. UCC:

a. Clause is enforceable (ie unwritten modification is not valid) if:
- K written and signed
- clause separately signed by non-merchant if sued by merchant.

b. Clause is WAIVED (ie, unwritten modification is valid if:
- parties intended unwritten modification
- one party materially changed position in reliance.

Question 5

Con Law, Implied conflict preemption exists when: (2)

Answer 5

1. it is impossible to comply with a fed. law and a conflicting state/municipal law (ie, direct conflict).

OR

2. a state/municipal law frustrates the accomplishment of a federal law’s purpose (ie, indirect conflict).

Case: Fed law banning power hammers, subsequent state law requiring use.

Question 6

Con law: Express conflict preemption exists when:

Answer 6

1. constitution says fed. regulation is exclusive

OR

2. fed law expressly prohibits state/municipal reg.

Question 7

In a public forum, the governments time, place or manner restrictions on speech must be: (2)

Answer 7

1. be narrowly tailored to serve a substantial gov. interest.

AND

2. leave open ample alternative channels of communication.

Question 8

Easement appur-tenant. (belonging - accompaniment)

Answer 8

Benefits one parcel of land (the dominant estate) by allowing the easement holder to use or control another parcel of land (the servient estate) in a limited way.

This type of easement is attached to the land, so subsequent owners of both the dominant and servient estates are bound by the easement.

Question 9

In a diversity action, a request for equitable relief satisfies the amount in controversy requirement if:

Answer 9

The value of the the relief exceeds 75K based on its:

1. cost to the D
   Or
2. worth to the Plaintiff -

whichever is larger.