Mbe Things To Remember

Front 1

Fourth Amendment Rights Require?

Back 1

A reasonable expectation of privacy with respect to the place searched or the item seized.

Front 2

Intended 3rd Party Beneficiary Rights invest?

Back 2

1) When Beneficiary manifests assent to the promise in a manner invited or requested by the parties.

2) When Benificiary brings suit to enforce the promise.

3) When Beneficiary materially changes position in justifiable reliance on the promise.

Front 3

Pure Notice Statute

Back 3

Subsequent purchasers for value and without notice of a prior conveyance prevail over prior transferees, whether or not they record.

Front 4

Shelter Rule

Back 4

Any person who takes from a bonafide purchaser prevails against any interest that the bonafide purchaser would have prevailed against, EVEN with actual knowledge of the prior unrecorded interest.

Front 5

Party Admissions

Back 5

Statements by a party to the action offered by the opponent of the party.

Front 6

Standing requires?

Back 6

An injury in fact caused by the government, that can be remedied by a court decision in favor of the party bringing the cause of action.

Front 7

Conversion damages?

Back 7

Fair Market Value of the chattel at the time it was converted.

Front 8

Negligence requires?

Back 8

1) Duty of care for D to conform to the standard of care of a reasonable person, protecting P against an unreasonable risk of injury.

2) Breach of the Duty

3) Breach was an actual and proximate cause of P's injury.

4) Damage to P's person or property.

Front 9

Marketability of Title?

Back 9

Title is free of encumbrances and all possibilities of litigation.

Front 10

Tax Sales of Property?

Back 10

Cut off the rights of the remaindermen.

Front 11

"Knowlingly" MPC standard?

Back 11

requires knowledge that one's conduct will necessarily or very likely cause a certain result.

Front 12

Character Evidence at Criminal Trials?

Back 12

Only admissible once the party has put his/her character into issue.

Front 13

Prima facie case for False Imprisonment entails:

Back 13

An intentional act or omission by a defendant that confined or restrained Plaintiff to a bounded area, and causation.

Front 14

Miranda Warnings are minimum requirements

Back 14

States are free to provide greater protection regarding the admissibility of a statements made by the accused in a custodial interrogation.

Front 15

Knowledge requirement for Attempt

Back 15

Specific Intent

Front 16

Easement Interest

Back 16

An easement grants a limited interest in the land that may only be used for the purposes stated in the easement.

Front 17

Solicitation for a crime is a lesser offense to that crime and will merge into that crime.

Back 17

Where a person solicited proceeds far enough to be liable for attempt, the solicitor is guilty of that attempt.

Front 18

Relevant Evidence

Back 18

Any evidence tending to make the existence of any fact of consequence to the determination of the action more or less probable than it would be without the evidence.

Front 19

An Accord modifies a contract.

Back 19

An accord is an agreement in which one party to an existing contract agrees to accept different performance instead of the performance originally agreed upon.

Front 20

Satisfaction

Back 20

The performance of an accord agreement.

Front 21

Natural uses trumps artificial uses in riparian water rights.

Back 21

Natural uses include: household consumption, gardening, limited grazing.

Artificial uses include: irrigation and manufacturing.

Front 22

Lemon Test

Back 22

1. law must have a secular purpose
2. primary effects of the law must neither advance nor inhibit religion
3. law cannot produce excessive government entanglement with religion.

Front 23

Strict Liability for Wild Animals

Back 23

Includes liability for injuries suffered attempting to flee from the animal.

Front 24

The procedural due process requirement of affording a hearing before a driver's license is suspended or terminated:

Back 24

Is satisfied by judicial proceedings regarding the citation(s) that led to the suspension.

Front 25

The 6th Amendment right to counsel in misdemeanor trials:

Back 25

Applies only when a sentence of imprisonment is actually imposed (even if its suspended).

Front 26

When a seller of land fails to tender a marketable title:

Back 26

The buyer can usually get specific performance with an abatement of the purchase price in an amount reflecting the title defect.

Front 27

Prima facie case for trespass to land is established when:

Back 27

1)Defendant physically invades Plaintiff's real property.

2) Defendant intends the invasion.

3) Causation

Front 28

When undertaking a rescue:

Back 28

The rescue must be conducted in a reasonably prudent way.

Front 29

Congress may freely tax and spend:

Back 29

For the common defense and the general welfare as long as the spending does not violate any other specific constitutional rights.

Front 30

A prima facie case for negligence requires:

Back 30

1) A duty of care

2) breach of that duty

3) actual and proximate causation

4) damages

Front 31

When a non-breaching buyer does not receive contracted for goods, he/she may:

Back 31

1) Cancel the contract and recover any incidental damages.

2) Cover by purchasing replacement goods and sue for the cost of replacement.

Front 32

Under the Commerce clause, Congress may regulate:

Back 32

1) the channels of interstate commerce

2) the instrumentalities, persons and things in interstate commerce

3) activities that have a substantial effect on interstate commerce.

Front 33

An agency is vicariously liable for acts of its employees' committed outside the scope of employment if:

Back 33

the agency negligently selected the employee by overlooking previous actions that made the current action resulting in harm likely to occur.

Front 34

Adverse possession requires:

Back 34

that possession be
1) Actual
2) Exclusive
3) Open
4) Notorious
5) Hostile
6) Continuous

Front 35

For Res Ipsa Loquitur to apply:

Back 35

P must show

1) the accident causing the injury is one that would not normally occur without negligence.

2) the negligence is attributable to D.

3) the injury is not attributable to P.

* Accident must ordinarily happen because of the negligence of someone in D's position.

* More likely if the instrumentality causing the injury was in D's exclusive control.

Front 36

For Strict Liability to apply to an activity:

Back 36

The activity must be abnormally dangerous:

1) Must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors.

2) Must not be a matter of common usage in the community.

Front 37

A Declarant's unavailability to testify is relevant to the admission of hearsay when its:

Back 37

1) the declarant's former testimony

2) a statement against interest

3) a dying declaration

4) a statement of personal or family history

5) a statement offered against a party procuring the declarant's availability.

Front 38

A duty to perform under a personal services contract is discharged:

Back 38

where it becomes impossible to perform through illness or physical incapacity.

Front 39

Recording Statutes protect BFP's but not:

Back 39

subsequent judgment creditors because the creditors offer no consideration for their lien(s).

Front 40

A novation substitutes a new party for an original party to the contract and requires:

Back 40

Assent from all the parties at which point the original party is completely released from the contract.

Front 41

A covenant in a lease runs with the land if:

Back 41

1) the parties so intend

2) the covenant touches and concerns the land

Front 42

A plaintiff bringing an action in a state trial court is required:

Back 42

to exhaust its state appellate remedies before seeking review in federal courts, even where federal issues are involved.

Front 43

A grand jury may decide whether probable cause exist to issue an indictment:

Back 43

by considering ALL evidence available, even evidence that will not be admissible at trial.

Front 44

Silence constitutes an adoptive admission of another person's statement when:

Back 44

circumstances establish that the silent party would naturally have responded to the statement if it were untrue.

Front 45

Materiality of a contract breach is determined by:

Back 45

1) amount of benefit the nonbreaching party will receive

2) adequacy of damages remedy

3) extent of performance already completed by the breaching party

4) hardship to the breaching party

5) whether the breaching party's behavior was negligent or willful

6) The likelihood of the breaching party completing performance

Front 46

An assignment of rights given for no consideration is:

Back 46

A gratuitous assignment and is generally revocable by the assignor.

Front 47

Malice Aforethought (the common law mens rea for murder) requires:

Back 47

1) intent to kill, OR

2) intent to inflict great bodily injury, OR

3) reckless indifference to an unjustifiably high risk to human life, OR

4) intent to commit a felony.

Front 48

Intentional killing is reduced from murder to voluntary manslaughter if:

Back 48

it is committed under a provocation that would arouse sudden and intense passion in the mind of an ordinary person such as to cause him/her to lose self-control.

Front 49

A Police Officer may stop a person without probable cause for arrest:

Back 49

if he/she has an articulable and reasonable suspicion of criminal activity.

Front 50

"Plain feel" doctrine allows Police to reach into a suspects clothing and:

Back 50

seize any item that the officer reasonably believes is a weapon OR contraband based on its plain feel.

Front 51

A fourth amendment right to be free from unreasonable search and seizure requires:

Back 51

a person to have a reasonable expectation of privacy in the place searched or the item seized.

Front 52

If the police reasonably rely on a facially valid warrant:

Back 52

a later finding that the warrant is invalid and not supported by probable cause will NOT exclude evidence obtained by the warrant.

Front 53

A year to year tenancy results in a commercial lease:

Back 53

if the original lease term is for a year or more.

Front 54

For an Accord and Satisfaction to occur:

Back 54

1) A bonafide dispute as to amount owed must exist

2) The instrument involved must conspicuously state that it is in full satisfaction of the debt.

Front 55

An assignment occurs when:

Back 55

A tenant completely transfers the entire remaining term of his/her leasehold interest.

Front 56

When an assignee and a landlord are in privity of estate:

Back 56

they are liable to each other on all the covenants in the lease that run with the land.

Front 57

As long as a foundation is laid to show familiarity with a voice:

Back 57

The voice may be identified in court by the opinion of anyone, whether heard firsthand or through a tape recording.

Front 58

In a UCC contract containing a term assuring an offer will be held open:

Back 58

the offer must be signed by the offeror, even if the form is supplied by the offeree.

Front 59

A writing is required for a firm offer under the UCC:

Back 59

regardless of the value of the goods offered.

Front 60

Obscenity is unprotected speech under the First Amendment, and is defined as:

Back 60

1) A description or depiction of sexual conduct that

2) taken as a whole by the average person

3) applying contemporary community standards,

4) appeals to the prurient interest in sex,

5) portrays sex in a patently offensive way,

6) and using a national reasonable person standard- does not have serious literary, artistic, political, or scientific value.

Front 61

The RAP applies to:

Back 61

executory interests created in third persons but not to reversionary interests of the grantor.

Front 62

The duty to avoid negligent infliction of emotional distress is breached when:

Back 62

Defendant

1) creates a foreseeable risk of physical injury to the Plaintiff

2) either by causing a threat of physical impact that leads to emotional distress

3) or by directly causing severe emotional distress that by itself is likely to result in physical symptoms.

Front 63

In product liability, an intermediary's negligent failure to discover a defect is NOT a superseding cause:

Back 63

the defendant that supplied the defective product will be held liable along with the intermediary.

Front 64

In a criminal case, a spouse can testify if she wants to but:

Back 64

she cannot be compelled to testify.

Front 65

The spousal privilege applies to:

Back 65

all information the spouse has gained before or during the marriage.

Front 66

The spousal privilege ends:

Back 66

When the marriage ends.

Front 67

In any case, a spouse can:

Back 67

refuse to disclose, or prevent a spouse from disclosing, confidential communications made between the spouses during the marriage.

Front 68

Under the common law, a parent:

Back 68

is not vicariously liable for the tortious conduct of his/her child/

Front 69

A parent may be held liable:

Back 69

for his/her own negligence in allowing their child to do something that injures another's person or property.

Front 70

Absent a contrary agreement, a Tenant may remove chattel that he/she has attached to the demised premises:

Back 70

as long as the removal does not cause substantial damage to the premises or the virtual destruction of the chattel.

Front 71

States can regulate local aspects of interstate commerce if the regulation is not in conflict with federal regulation and if:

Back 71

1) the subject matter of the regulation does not require nationally uniform regulation;

2) the regulation does not discriminate against out of state competition to benefit local economic interests; and

3) any incidental burden on interstate commerce of the nondiscriminatory regulation does not outweigh the legitimate local benefits produced by the regulation.

Front 72

The Parol Evidence Rule does not bar:

Back 72

1) the introduction of evidence based on course of dealing,

2) usage in the trade,

3) or course of performance to explain or supplement a contractual term.

Front 73

A latent ambiguity occurs:

Back 73

where the expression of contracting parties' agreement appears perfectly clear when the contract is formed, but later revealed facts allow the expression to be reasonably interpreted in two ways.

Front 74

UCC permits extrinsic evidence that explains or supplements a term through:

Back 74

1) Course of dealing

2) usage in the trade or course of performance

even when the writing is an otherwise complete integration or final expression of the parties' agreement.

Front 75

When a gift is made to unnamed classes of persons, the rule of convenience:

Back 75

provides that the class closes when some member of the class can call for a distribution of their share of the class gift.

Front 76

Class members are entitled to take a class gift when:

Back 76

the preceding grant or estate expires.

Front 77

When a mortgage is foreclosed, the purchaser at the sale will take title:

Back 77

as it existed when the mortgage was placed on the property.

Front 78

Foreclosure terminates interests that are junior to the mortgage but:

Back 78

does not affect interests that are senior to the mortgage.

Front 79

ROBBERY

Back 79

1) The taking of personal property of another

2) from the other's person or presence

3) by force or intimidation,

4) with the intent to permanently deprive them of it.

Front 80

LARCENY

Back 80

1) the taking and carrying away

2) of tangible personal property of another

3) by trespass

4) with intent to permanently deprive the person of his interest in the property.

Front 81

An assault is either:

Back 81

1) an attempt to commit a battery OR

2) the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm.

Front 82

The holder of an easement has a right to use the tract of land for a special purpose:

Back 82

but has no right to possess or enjoy the tract of land.

Front 83

SOF requires that any conveyance of an easement interest for greater than one year:

Back 83

be in writing to be enforceable.

Front 84

If government regulation denies a landowner ALL economic use of his land:

Back 84

the regulation may constitute a taking requiring the payment of just compensation under the 5th Amendment.

Front 85

The test for determining a "taking" and its impact is:

Back 85

the court considers the economic impact on the claimant and whether the regulation substantially interferes with distinct, investment backed objectives.

Front 86

A prima facie case for Intentional Infliction of Emotional Distress requires a Plaintiff to show:

Back 86

1) an act by the defendant amounting to extreme and outrageous conduct.

2) intent by the defendant to cause plaintiff to suffer severe emotional distress; or recklessness as to the effect of defendant's conduct

3) causation, and

4) damages- severe emotional distress.

Front 87

In criminal prosecutions, dying declarations:

Back 87

are limited to homicide cases.

Front 88

A prima facie products liability case based on strict liability entails:

Back 88

1) a strict duty owed by a commercial supplier

2) breach of that duty

3) actual and proximate cause

4) damages

Front 89

Breach of duty in a products liability case is established by:

Back 89

showing that the defendant sold or produced a product in a defective condition unreasonably dangerous to users.

Front 90

A liquidated damages clause in a contract is enforceable if:

Back 90

1) damages are difficult to ascertain at the time of the making of the contract, and

2) the damages are a reasonable forecast of compensatory damages.

Front 91

The test for reasonableness of liquidated damage clauses is:

Back 91

a comparison between the amount of actual damages prospectively probable at the time of contract formation and the liquidated damages figure.

Front 92

If commercial speech concerns a lawful activity and is not misleading or fraudulent, government regulation of that speech must:

Back 92

1) directly advance a substantial governmental interest,

2) Must be no more extensive than necessary to serve that interest.

Front 93

Legislation of commercial speech must:

Back 93

be narrowly drawn and there must be a reasonable means end fit to the legislation.

Front 94

Goverment can regulate the use of a nonpublic forum if the regulation is:

Back 94

1) viewpoint neutral

2) reasonably related to the intended, legitimate government purpose of the nonpublic forum.

Front 95

Speech in public forums may be regulated according to:

Back 95

1) reasonable time

2) place and manner regulations if the regulation

3) is content neutral

4) is narrowly tailored to serve a significant government interest, and

5) leaves open alternative channels of communication.

Front 96

A record of Arrest, even for a crime such as embezzlement cannot:

Back 96

be used to impeach the credibility of a witness.

Front 97

Extrinsic evidence of prior bad acts is not allowed:

Back 97

under Rule 608, even if the witness denies the act on cross examination.

Front 98

When an entity is found vicariously liable for the torts of another:

Back 98

the entity has a right of indemnity against the other.

Front 99

The Government may reasonably regulate speech related conduct in public forums through:

Back 99

content-neutral time, place, and manner.

Front 100

Government regulation of speech and assembly in public forums is only valid if:

Back 100

1) it's content neutral

2) narrowly tailored to serve a significant government interest

3) leaves open alternative channels of communication.

Front 101

When there is a contract for property and a deed for that same property:

Back 101

The doctrine of merger applies and the contract merges into the deed making the terms of the contract meaningless.

Front 102

A deed must contain its own covenants of title because:

Back 102

Deeds do not incorporate the title terms of related contracts.

Front 103

A lay person's opinion is admissible if it is:

Back 103

1) rationally based on the perception of the witness

2) helpful to a clear understanding of the witness' testimony determining a fact in issue

3) not based on scientific, technical, or other specialized knowledge.

Front 104

The use of deadly force in defense of others is acceptable if:

Back 104

the other is being threatened with serious bodily harm.

Front 105

Lay Opinion tesitmony is permissible and often essential to:

Back 105

identify telephone voices and handwriting.

Front 106

Any lay witness that is familiar with the voice or signature of a person may:

Back 106

testify as to his/her opinion as to its genuineness provided a foundation of familiarity has already been laid.

Front 107

State action is often found when the state has:

Back 107

affirmatively encouraged or facilitated discriminatory acts by private groups.

Front 108

state discrimination against lawful aliens is:

Back 108

suspect and will only be upheld if it is necessary to promote a compelling state interest.

Front 109

Denial of particularly important rights (marriage licenses, etc.) on the basis of income is:

Back 109

an unconstitutional violation of equal protection.

Front 110

Equal protection issues are raised with regard to income when:

Back 110

A lack of wealth prevents a person from exercising a fundamental constitutional right.

Front 111

Governmental Action that does not contain a sect preference will pass muster under the establishment clause if:

Back 111

1) it has a secular purpose.

2) its primary effect neither advances nor inhibits religion

3) it does not require excessive government entanglement with religion.

Front 112

While the Lemon test is used to determine improper government involvement with religion:

Back 112

the compelling state interest test is used if a law or government program discriminates among religions.

Front 113

A federal court will hear an action to enjoin a PENDING state court prosecution if:

Back 113

the prosecution is being conducted in bad faith, merely harassing the defendant.

Front 114

A person has standing to challenge a governmental action if he can show:

Back 114

1) an injury in fact from the action that is greater than the injury everyone suffers when the government acts in this manner.

2) that a decision in his favor will remedy the injury.

Front 115

Substantive Due Process tests the reasonableness of a statute and:

Back 115

prohibits arbitrary government action.

Front 116

In SDP, when the government's action limits a fundamental right:

Back 116

the government must prove that its action is necessary to promote a compelling interest.

Front 117

In SDP, if a fundamental right is not involved:

Back 117

the challenging party must prove that the act is not rationally related to any legitimate government interest.

Front 118

Impairment of Contracts Clause prohibits:

Back 118

Substantial impairment of EXISTING contracts.

Front 119

The privileges and immunities in the 14th Amendment:

Back 119

refer specifically to the rights of United States Citizenship (right to vote for federal officers, petition Congress for redress).

Front 120

The power to adjudicate border disputes and actions where to or more states are involved:

Back 120

is vested in the judicial branch by Article III of the Constitution.