Mbe Review Part Ii

Front 1

Risk of Loss

Back 1

Where the seller is a merchant the risk of loss does not pass to they buyer until the buyer takes physical possession of the good

Front 2

Revocation of acceptance

Back 2

Once a buyer has accpeted goods, his right to reject for nonconformance gnerally lapses (only remedy is suit for damages)

A buyer can revoke acceptance when the breach is substantial and buyer must have a good reason for accepting.

Front 3

Deed- error in description

Back 3

A description in a deed is sufficient if it furnishes a good lead as to the identity of the property.

Deed puproing to convey more land than the grantor owns does not invadiate the deed.

Front 4

Breach of covenant because of an easement

Back 4

encumbrances: existence of an easement

right to convey: breached when the grantor lacks title

right to quiet enjoyment: when the grantee is evicted by a third party with paramount title

Front 5

When state may reserve government position for citizens

Back 5

If it is related to self-governance, involves policymaking, or requires exercise of important discretionary power over citizens. (Rationality test is used)

Front 6

Holding parents liable for torts of children

Back 6

Notice of the child's destructive tendencies/ tendency to misbehave

Front 7

Modification of contract for the sale of goods

Back 7

Good-faith modification is enforceable regardless of lack of consideration

Front 8

Sentencing considerations

Back 8

the defdnant's refusal to cooperate with an investgation of the criminal conspiracy of which he was a member may properly be considered in sentencing.

5th Amendment right to silence does not afford a privilege to refuse to incriminate others.

Front 9

Supremacy parity

Back 9

Acts of congress and valid treaties are considered to be the supreme law of the land. When in conflict "last in time" prevails.

Front 10

Doctrine of merger

Back 10

Contract merges into the deed, and the terms of the contract are meaningless. The deed does not incorporate the title terms of a contract.

Front 11

Lay opinion

Back 11

A layperson's testimony is only admissible if it is rationally based on the perception of the witness, helpful to a clear understanding of the wtiness's testimony on the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge.

Front 12

Property right - business license

Back 12

A business license is a vlid property right, and procedural due process under the 14th amendment required notice and an opportunity to be heard before taking property.

Front 13

Confirmatory memo

Back 13

A writing in confrimation of a contract (even it it vaires from the original offer) that is sufficent to bind the sender will also satisfy the statute of frauds against the reicipient unless a written object is made within 10 days.

Front 14

Acceptance of offer to buy goods

Back 14

An offer to buy goods for shipment is generally construed as inviting acceptance either by a promise to ship or by shipment. Acceptances are effective as soon as dispatched.

Front 15

Conspiracy elements

Back 15

1) an agreement between two or more people
2) an intent to enter into an agreement
3) an intent to acheive an unlawful purpose

Must have the specific intent to commit a crime. Remember that you can have intent if you know that there is a substantial likelihood of result.

Front 16

self-defenes

Back 16

An honest belief would justify a deadly use of force if a reasonable person would have acted similarly under those circumstances

Front 17

Accord and Satisfaction - debt

Back 17

An accord and satisfaction may be accomplished by a good faith tender and acceptances of a check marked "payment in full" where there is a bona fide dispute as to the amount owed.

Front 18

Partial condemnation

Back 18

LL - T relationship continues.
T must still pay rent however is entitled a share in the condemnation award to the extend that the condemnation affected the tenant's rights under the lease.

Front 19

Intent for robbery

Back 19

An intent to recover property that the defendant believes is his would not be a sufficient intent. The burden is on the gov. to prove that he had the required intent.

Front 20

Private nuisance action

Back 20

the fact that one type of land use was entered into before another is relevant but not conclusive evidence of the reasonableness of the use in a private nuisance action.

Front 21

Transfer of an easement

Back 21

An easement in gross that is commercial may always be transferred, and the permission of the holder of the servient estate is not needed.

Obligation on the holder of the easement to reasonably restore surface following the excavation.

Front 22

Doctrine of waste

Back 22

Life tenant is obligated to pay interest on any encumbrances on the land, but he does not have to pay anything on the debt of the principal of the debt; reversioners or remaindermen must pay the principal in order to protect their interests.

Front 23

Destruction of property- contract

Back 23

Does not make the contract void, merely discharges the builder

Front 24

Destruction of premises prior to completion

Back 24

The risk of loss only shifts to the owner until the residence is completed.

Front 25

Privileges and immunities clause

Back 25

Can't discriminate unless:
1. discrimiantion is closely related to a substantial state purpose AND
2. less restrictive means are not available

Front 26

Specific instance conduct

Back 26

SIC is not admissible to rebut evidence go good character

Front 27

Prior identification

Back 27

For prior identification the declarant must testify at trial

Front 28

Impeachment

Back 28

Most courts hold that impeachement with a crime requiring proof or admission of an act of dishonesty or false statement cannot be excluded as too prejudicial

Front 29

Adverse possession - mistake as to ownership

Back 29

Mistake as to ownership is not determinative. Adverse because actions appear to community as claim of ownership and he is not holding with permission of owner..

Front 30

Mistake

Back 30

A reasonable mistake about a material element will negate criminal liability for all crimes except strict liability offenses.

Front 31

False light

Back 31

Even for a false light invasion of privacy the fact that the caption was true does not preclude recovery if the photograph otherwise conveyed a false impression.