Bar (Collected Qa)

Front 1

1. There is bona fide dispute about the payment.
2. Buyer tenders a smaller sum than the K price.
3. Seller cashes without dispute.

Back 1

It is accord and satisfaction.

Front 2

1. A assigns "the contract"
2. A assigns "right under the contract"

Back 2

1. Assumption of duty as well
2. No assumption of duty

Front 3

F.O.B. seller's place: who pays the freight

Back 3

Buyer

Front 4

Properly rejection of goods

Back 4

1. Requires notice to seller

2. Without notice, if the seller has opportunity to cure, the buyer cannot claim defect in rejecting later on.

Front 5

Land transfer cannot be enforced by specific performance if the title is unmarketable. Grounds.

Back 5

1. Violation of zoning regulation.
2. Encumbrances.
3. It is the servient tenement.
4. Others to add.

Front 6

Who may choose the easement location for easement created by necessity

Back 6

Servient tenement onwer

Front 7

Judge raising the issue of incompetency

Back 7

- Judge has the duty
- Whether D is represented or not
- If not raised, issue not waived

Front 8

Forgery altering an instrument

Back 8

- The falsity is about instrument (i.e. instrument is valid v. invalid)

- Falsity is not about content of instrument

Front 9

Can drug money be seized even though earmarked to pay legal bills?

Back 9

Yes

Front 10

Ineffective assistance of counsel (fine points)

Back 10

- particular error identified
- not general violation of professional responsibility

Front 11

In-person solictation through agent

Back 11

- Unethical
- Unless relative, close friend or former/current client

Front 12

Duty to explain fee arrangement

Back 12

- if > 3,000, must provide writing including:
* Scope of services
* Explanation of fees and expenses
* Explanation of billing practice
* Notice of right to arbitrate

- No agreement required if for former client for similar service

- Contingency fee:
* Writing
* Method of calculation

Front 13

Strict liability damages

Back 13

Does not include the damages to the product itself.

Front 14

Past considerations in NY

Back 14

- Writing
- Signed by promisor
- Stating past consideration
- Past consideration can be proven

* This includes modification of agreement situations!

Front 15

NY conspiracy vicarious liability

Back 15

Co-conspirator is NL for crime he does not participate in (NY)

MBE: liable for all foreseeable crime and in furtherance of objectives.

Front 16

NY arson to burn down one's own building

Back 16

It is arson to burned down any building for purposes of fraudulently collecting insurance fees, including burning one's own building

Front 17

Real estate broker condition to get commission

Back 17

- ready, willing and able buyer
- at the minimum price

Front 18

Exclusivity of real estate agent

Back 18

The following person may sell:
- exclusive agency: principal/agent
- exclusive right to sell: agent

Front 19

Arson

Back 19

- Burning a building or vehicle

Front 20

Tenant violation of prohibition of assignment or sublease

Back 20

- Assignment or sublease still valid
- Except: forefeiture clause exercised

Front 21

Rights to underground waters

Back 21

- Absolute ownership doctrine
* Common law and 12 states
* Entitled to use for whatever purpose

- Reasonable use doctrine
* 25 states
* Reasonable use
* For beneficial purposes
* Not malicious or waste (OK)

Front 22

Factors affecting marketability

Back 22

- Violation of zoning regulation
- Significant encroachment on neighbor's land
- Option of current lessee to buy

Front 23

Delivery of deed / record of deed

Back 23

- Record of deed is prima facie evidence of delivery

- Exception: grantee rejects

Front 24

Rent for periodic tenancy after holdover

Back 24

L may prescribe new rent if:
- Increase is reasonable
- Notify T before expiry of prior lease

Front 25

Delays of closing of land contract

Back 25

- 1 month is generally reasonable
- longer: may be unreasonable

Front 26

Covenant running with respect to donee

Back 26

- Writing
- Intent
- Touch and concern
- Horizontal/vertical privity
- NO NOTICE required

Front 27

Disabling restraint of alienability on fee simple or life estate

Back 27

Void; disabling means that "grantee has no power to transfer"

Front 28

Forfeiture restraint of alienability on future interest

Back 28

Valid if restrains before possessory

- Forefeiture: if transfer, goes to other

Front 29

Periodic lease resulting from holdover

Back 29

- residential lease: depending on payment

- Commercial lease:
* If prior lease > 1y: year-to-year
* Otherwise: depending on payment

Front 30

Notice of pendency and subsequent suit

Back 30

Suit must be filed within 30 days after pre-litigation filing of notice of pendency - SERVICE must be made within 30 days

Front 31

Felony murder

Back 31

- Discuss the UNDERLYING CRIME
- Felony murder
* BRAKES
* Intentional/unintentional killing
* During crime or flight
* Non-felon killed
- NY Non-slayer rule

Front 32

Assignment of lease and privity

Back 32

- Covenants that "run" with the land:
* assignee may assert against L
* L may assert against assignee
* "run" means "relating to land"

- the above holds even if no assumption of all responsibility by assignee

Front 33

Appointment of administrator in intestate

Back 33

- Familiar with decedent's estate
- Ability to perfom requisite responsibilities
* Adequately
* Completely

- Often, it is spouse

Front 34

Administrator's responsibility and liability to estate

Back 34

- Duty to conserve and protect assets
- May not expose to excessive risks
- Breach: L to estate

Front 35

NY adverse possession under a defective deed

Back 35

- Deemed to possess the whole if:
* Bona fide regarding title
* Substantial possession
* Parcel known to be one by community

Front 36

NY right to counsel re police questioning or line-up

Back 36

- Indelible right to counsel attaches:
* Specifically request for counsel
* Counsel enters the present case

- After this:
* No questioning without counsel
* No waiver without counsel
* No line-up without counsel

- Not sufficient in request:
* Indicate the existence by 3P
* Give phone number by 3P

Front 37

NY lease holdover after indefinite term

Back 37

Double damages for rent for the holdover period

Front 38

Cattle strict liability

Back 38

(I must remembered it wrongly)
No vicious propensity: NL

Front 39

Malpractice to pregnant woman; sues for emotional distress

Back 39

- If fetus dies, mother may sue without physical harm
- If child born alive (though deformity), mother may sue only with physical harm

Front 40

Tenant remove fixutre timing

Back 40

Only before lease ends

Front 41

Implied easement

Back 41

- Before division:
* Continuous use of easement
* Apparent
- Alternative is highly expensive
- Easement is reasonable

Front 42

Delivery of deed to third party with conditions to deliver to grantee when grantor dies

Back 42

Valid as of the present and grantor is conveying future interest to grantee

Front 43

Tax of import and export by state

Back 43

- requires Congress' consent
- W/o consent, unconstitutional even if passing strict scrutiny

Front 44

Contributions regarding voting

Back 44

- Limit of contribution to campaign: good
- Limit of contribution re referendum: intermediate scrutiny
- Limit of expenditure on campaign: bad

Front 45

Federal court enjoin state actions

Back 45

- Generally not
- Unless prosecute in bad faith

Front 46

Trial type hearing required if:

Back 46

- adjudicative fact as basis
- deprives liberty or property
- not so many parties

- "Cross exam" is required in trial type hearing