LATEST MEE ONE -SHEET RULE : BLACK LETTER LAW QUICK-
REF MIDTERM EXAM WITH QUESTIONS AND ANSWERS ALL
GRADED A+
"Bad Acts" - ANSWER -Questioning about acts that are probative of truthfulness or
untruthfulness (e.g., filing a false tax return) is permitted. Extrinsic evidence is not
permitted. Note that on both exams, the question was whether a party could admit
extrinsic evidence that the witness lied on a job application or resume (and the
answer is that extrinsic evidence would not be permitted).
("HELP"): (1) harm: the significance of the threat of irreparable harm to the plaintiff if
the injunction is not granted, (2) evaluation of injuries: the balance between this harm
and the injury that granting the injunction would inflict on the defendant, (3) likelihood
of prevailing: the probability that the plaintiff will succeed on the merits, and (4) the
public interest. - ANSWER -Four Factors to Consider for Preliminary Injunction
(1) There must be complete diversity of citizenship between the plaintiffs and
defendants, and (2) the amount in controversy must be over $75k - ANSWER -
Diversity Jurisdiction Requirements
A buyer in the ordinary course of business - ANSWER -A buyer in the ordinary
course of business generally takes free of any security interest created by the buyer's
seller, even if the security interest is perfected and the buyer knows of its existence.
(Note that the buyer is not in the ordinary course of business if he knows that the
sale is in violation of a term in the security agreement.)
A buyer not in the ordinary course of business - ANSWER -A buyer not in the
ordinary course of business takes collateral subject to a perfected interest. Generally,
he does not take subject to an unperfected interest if he gives value and does not
know about the interest.
A claim that has been litigated to a final judgment on the merits cannot be relitigated
by the parties (or their privies). - ANSWER -Claim Preclusion
A corporate defendant is deemed to "reside" in any judicial district in which it is
subject to personal jurisdiction at the time the action is commenced. To figure out
where a corporate defendant resides, divide the state into districts (if it has more than
one district) and see if the defendant would be subject to personal jurisdiction if any
of those districts. - ANSWER -Venue for a Corporation
A court may transfer a case to any district court in which it could have been brought
if convenience and the "interest of justice" favor a transfer. When a case is
transferred to a more appropriate forum under this rule, then the new (transferee)
court must apply the laws that the original transferor court would have applied
(including their state choice of law rules). Note that the result is different if the case
,was initially filed in an improper forum and was transferred to a proper forum: in that
case, the transferee court would apply its own law, rather than the law of the
transferor court, since the transferor court would not have the power to hear the case
in the first place. - ANSWER -Change of Venue
A divorce decree must be granted full faith and credit by other states if the court
rendering the divorce decree had jurisdiction to enter it. - ANSWER -Conflict of Law
under Recognition of Divorce for Family Law
A duty of loyalty issue arises in three ways (mnemonic = "BCC"): Corporation -
ANSWER -Director is on both sides of a transaction: a director has a material
financial interest in a contract, as well as knowledge of that interest, yet still votes to
approve the contract.
Competes with corporation: a director may not compete with his corporation.
Corporate opportunity: a corporate officer may not usurp a corporate opportunity.
A Failure to Record an Interest Acquired by Adverse Possession - ANSWER -The
adverse possessor will prevail over a subsequent bona fide purchaser who complies
with the recording act because there is no document that the interest holder could
record.
A federal district court sitting in diversity must apply the choice of law prevailing in
the state in which it sits. - ANSWER -Klaxon Doctrine
A marriage which is valid under the law of the state in which it was contracted will be
valid elsewhere unless it violates a strong public policy of the state that has the most
significant relationship to the spouses and the marriage. Some examples of what may
violate public policy include incest or polygamy. Examples of what do not violate
public policy include blood test requirements, marriage license requirements, and
recognition of common law marriage. Common law marriage is virtually always tested
when this principle is tested. So, know that if the marriage is recognized by the state
where the couple entered into the marriage, it will be recognized by all other states. -
ANSWER -Conflict of Law under Recognition of Marriage for Family Law
A state must recognize final judgments of other states so long as the judgment is on
the merits and the other state had jurisdiction. - ANSWER -Conflict of Law under Full
Faith and Credit for Family Law
A TRO can be issued without notice to the adverse party (but only in limited
circumstances and for a limited time). To secure a TRO without notice, the plaintiff
needs to show a risk of "immediate and irreparable injury." The TRO lasts only long
enough for the court to consider and resolve a request, but not longer than 14 days
(unless the court extends it for good cause or the adverse party consents to an
extension). TROs are considered to be "stop-gap" measures and last until the court
decides whether to grant a preliminary injunction. - ANSWER -TRO Standard
,A valid Miranda Invocation - ANSWER -For both the right to remain silent and the
right to counsel, the suspect must be explicit, unambiguous, and unequivocal in
making the request (e.g., "I think I need a lawyer" is not enough).
A Valid Miranda Waiver - ANSWER -The suspect must make a "knowing, intelligent,
and voluntary" waiver. This is a low bar.
Abatement - ANSWER -When the assets of an estate are insufficient to satisfy all the
gifts made by someone's will, then the gifts to the beneficiaries will be reduced
("abated") in the following order: intestate property, residuary gifts, general gifts, and
specific gifts.
Acceptance - ANSWER -An acceptance is a manifestation of assent to the terms of
an offer made in a manner invited by the offer. It is effective upon dispatch (the
mailbox rule).
Accomplice Liability - ANSWER -A person is guilty as an accomplice if he assists or
encourages the principal with "dual intents": (1) the intent to assist the primary party,
and (2) the intent that the primary party commit the offense charged. Remember a
person is not liable for accomplice liability. They are liable for the crime committed
through the theory of accomplice liability.
Actual Authority: Express - ANSWER -When an agent is expressly given authority to
act for the principal.
Actual Authority: Implied - ANSWER -This authority is present when the principal's
conduct leads the agent to believe it has authority.
Actual authority: Two Kinds - ANSWER -Express and implied authority.
Actual Notice - ANSWER -The grantee actually knows about the conveyance.
Admissibility (Rule 403) - ANSWER -All relevant evidence is admissible unless a
statute or rule says otherwise, or the probative value is substantially outweighed by a
danger of one or more of the following: unfair prejudice, confusing the issues,
misleading the jury, undue delay, wasting time, or needlessly presenting cumulative
evidence.
Advancements: Ademption by Satisfaction - ANSWER -This doctrine applies when
there is a will (unlike the advancements doctrine). The Uniform Probate Code (UPC)
states that a lifetime gift is not a prepayment unless: (1) the will says so, (2) the
testator declares in a contemporaneous writing that the gift is to be deducted from
the will, or (3) the devisee acknowledges in writing that the gift is in satisfaction of
the bequest.
, Advancements: Common Law - ANSWER -A lifetime transfer to an heir was
presumptively treated as a down payment on the heir's intestate share and thus is
taken into account when computing the heir's intestate share. At common law, this
only applied to a gift to a child (not, say, a gift to a sibling), but most states have
broadened it to include any heir.
Advancements: Majority Law - ANSWER -Most states today say that a lifetime
transfer is presumed to be a gift and is ignored in computing the heir's intestate
share unless there is evidence to show that the decedent intended the gift to be an
advancement.
Adverse Possession: Tacking - ANSWER -In some circumstances, an adverse
possessor may "tack on" the time that a prior adverse possessor had possessed the
land to his own time to reach the statutory period.
Agent Becoming Bound - ANSWER -The agent is bound to a third party on a
contract he enters into with the third party if the agent had no actual or apparent
authority to enter into the contract. The agent is also liable if the principal is
undisclosed or if the principal is "partially disclosed." The agent is bound to the
principal for breach of contract if the agent acts beyond his authority.
Agent's Duties to the Principal - ANSWER -The agent owes a duty of care and a
duty of loyalty (not to engage in self-dealing, not to profit without disclosure, and a
duty to follow instructions). The principal may recover losses from and profits made
by the breaching agent.
Alimony - ANSWER -Alimony can be permanent, temporary, or granted in a lump
sum. Almost all states require the trial court to consider the parties' financial
resources and needs, marital contributions, and marital duration. Some states also
look at spousal misconduct, one spouse's support for the other's education or
training, etc. The trial court has substantial discretion in choosing to award alimony.
Analyze Exceptions - ANSWER -Such as excited utterance, present sense
impressions, statement for purpose of medical treatment or diagnosis, business
records, recollection recorded, state of mind hearsay exclusion, prior statement of
identification hearsay exclusion, and opposing party's statement.
Anticipatory repudiation - ANSWER -This occurs when there is an unequivocal
manifestation by one party to the other that the party cannot or will not perform its
obligations under the contract (a mere expression of doubt is not enough) and this
statement is made before the repudiating party's performance is due. The other party
may wait for a reasonable time for performance or resort to any remedy for breach of
contract.
REF MIDTERM EXAM WITH QUESTIONS AND ANSWERS ALL
GRADED A+
"Bad Acts" - ANSWER -Questioning about acts that are probative of truthfulness or
untruthfulness (e.g., filing a false tax return) is permitted. Extrinsic evidence is not
permitted. Note that on both exams, the question was whether a party could admit
extrinsic evidence that the witness lied on a job application or resume (and the
answer is that extrinsic evidence would not be permitted).
("HELP"): (1) harm: the significance of the threat of irreparable harm to the plaintiff if
the injunction is not granted, (2) evaluation of injuries: the balance between this harm
and the injury that granting the injunction would inflict on the defendant, (3) likelihood
of prevailing: the probability that the plaintiff will succeed on the merits, and (4) the
public interest. - ANSWER -Four Factors to Consider for Preliminary Injunction
(1) There must be complete diversity of citizenship between the plaintiffs and
defendants, and (2) the amount in controversy must be over $75k - ANSWER -
Diversity Jurisdiction Requirements
A buyer in the ordinary course of business - ANSWER -A buyer in the ordinary
course of business generally takes free of any security interest created by the buyer's
seller, even if the security interest is perfected and the buyer knows of its existence.
(Note that the buyer is not in the ordinary course of business if he knows that the
sale is in violation of a term in the security agreement.)
A buyer not in the ordinary course of business - ANSWER -A buyer not in the
ordinary course of business takes collateral subject to a perfected interest. Generally,
he does not take subject to an unperfected interest if he gives value and does not
know about the interest.
A claim that has been litigated to a final judgment on the merits cannot be relitigated
by the parties (or their privies). - ANSWER -Claim Preclusion
A corporate defendant is deemed to "reside" in any judicial district in which it is
subject to personal jurisdiction at the time the action is commenced. To figure out
where a corporate defendant resides, divide the state into districts (if it has more than
one district) and see if the defendant would be subject to personal jurisdiction if any
of those districts. - ANSWER -Venue for a Corporation
A court may transfer a case to any district court in which it could have been brought
if convenience and the "interest of justice" favor a transfer. When a case is
transferred to a more appropriate forum under this rule, then the new (transferee)
court must apply the laws that the original transferor court would have applied
(including their state choice of law rules). Note that the result is different if the case
,was initially filed in an improper forum and was transferred to a proper forum: in that
case, the transferee court would apply its own law, rather than the law of the
transferor court, since the transferor court would not have the power to hear the case
in the first place. - ANSWER -Change of Venue
A divorce decree must be granted full faith and credit by other states if the court
rendering the divorce decree had jurisdiction to enter it. - ANSWER -Conflict of Law
under Recognition of Divorce for Family Law
A duty of loyalty issue arises in three ways (mnemonic = "BCC"): Corporation -
ANSWER -Director is on both sides of a transaction: a director has a material
financial interest in a contract, as well as knowledge of that interest, yet still votes to
approve the contract.
Competes with corporation: a director may not compete with his corporation.
Corporate opportunity: a corporate officer may not usurp a corporate opportunity.
A Failure to Record an Interest Acquired by Adverse Possession - ANSWER -The
adverse possessor will prevail over a subsequent bona fide purchaser who complies
with the recording act because there is no document that the interest holder could
record.
A federal district court sitting in diversity must apply the choice of law prevailing in
the state in which it sits. - ANSWER -Klaxon Doctrine
A marriage which is valid under the law of the state in which it was contracted will be
valid elsewhere unless it violates a strong public policy of the state that has the most
significant relationship to the spouses and the marriage. Some examples of what may
violate public policy include incest or polygamy. Examples of what do not violate
public policy include blood test requirements, marriage license requirements, and
recognition of common law marriage. Common law marriage is virtually always tested
when this principle is tested. So, know that if the marriage is recognized by the state
where the couple entered into the marriage, it will be recognized by all other states. -
ANSWER -Conflict of Law under Recognition of Marriage for Family Law
A state must recognize final judgments of other states so long as the judgment is on
the merits and the other state had jurisdiction. - ANSWER -Conflict of Law under Full
Faith and Credit for Family Law
A TRO can be issued without notice to the adverse party (but only in limited
circumstances and for a limited time). To secure a TRO without notice, the plaintiff
needs to show a risk of "immediate and irreparable injury." The TRO lasts only long
enough for the court to consider and resolve a request, but not longer than 14 days
(unless the court extends it for good cause or the adverse party consents to an
extension). TROs are considered to be "stop-gap" measures and last until the court
decides whether to grant a preliminary injunction. - ANSWER -TRO Standard
,A valid Miranda Invocation - ANSWER -For both the right to remain silent and the
right to counsel, the suspect must be explicit, unambiguous, and unequivocal in
making the request (e.g., "I think I need a lawyer" is not enough).
A Valid Miranda Waiver - ANSWER -The suspect must make a "knowing, intelligent,
and voluntary" waiver. This is a low bar.
Abatement - ANSWER -When the assets of an estate are insufficient to satisfy all the
gifts made by someone's will, then the gifts to the beneficiaries will be reduced
("abated") in the following order: intestate property, residuary gifts, general gifts, and
specific gifts.
Acceptance - ANSWER -An acceptance is a manifestation of assent to the terms of
an offer made in a manner invited by the offer. It is effective upon dispatch (the
mailbox rule).
Accomplice Liability - ANSWER -A person is guilty as an accomplice if he assists or
encourages the principal with "dual intents": (1) the intent to assist the primary party,
and (2) the intent that the primary party commit the offense charged. Remember a
person is not liable for accomplice liability. They are liable for the crime committed
through the theory of accomplice liability.
Actual Authority: Express - ANSWER -When an agent is expressly given authority to
act for the principal.
Actual Authority: Implied - ANSWER -This authority is present when the principal's
conduct leads the agent to believe it has authority.
Actual authority: Two Kinds - ANSWER -Express and implied authority.
Actual Notice - ANSWER -The grantee actually knows about the conveyance.
Admissibility (Rule 403) - ANSWER -All relevant evidence is admissible unless a
statute or rule says otherwise, or the probative value is substantially outweighed by a
danger of one or more of the following: unfair prejudice, confusing the issues,
misleading the jury, undue delay, wasting time, or needlessly presenting cumulative
evidence.
Advancements: Ademption by Satisfaction - ANSWER -This doctrine applies when
there is a will (unlike the advancements doctrine). The Uniform Probate Code (UPC)
states that a lifetime gift is not a prepayment unless: (1) the will says so, (2) the
testator declares in a contemporaneous writing that the gift is to be deducted from
the will, or (3) the devisee acknowledges in writing that the gift is in satisfaction of
the bequest.
, Advancements: Common Law - ANSWER -A lifetime transfer to an heir was
presumptively treated as a down payment on the heir's intestate share and thus is
taken into account when computing the heir's intestate share. At common law, this
only applied to a gift to a child (not, say, a gift to a sibling), but most states have
broadened it to include any heir.
Advancements: Majority Law - ANSWER -Most states today say that a lifetime
transfer is presumed to be a gift and is ignored in computing the heir's intestate
share unless there is evidence to show that the decedent intended the gift to be an
advancement.
Adverse Possession: Tacking - ANSWER -In some circumstances, an adverse
possessor may "tack on" the time that a prior adverse possessor had possessed the
land to his own time to reach the statutory period.
Agent Becoming Bound - ANSWER -The agent is bound to a third party on a
contract he enters into with the third party if the agent had no actual or apparent
authority to enter into the contract. The agent is also liable if the principal is
undisclosed or if the principal is "partially disclosed." The agent is bound to the
principal for breach of contract if the agent acts beyond his authority.
Agent's Duties to the Principal - ANSWER -The agent owes a duty of care and a
duty of loyalty (not to engage in self-dealing, not to profit without disclosure, and a
duty to follow instructions). The principal may recover losses from and profits made
by the breaching agent.
Alimony - ANSWER -Alimony can be permanent, temporary, or granted in a lump
sum. Almost all states require the trial court to consider the parties' financial
resources and needs, marital contributions, and marital duration. Some states also
look at spousal misconduct, one spouse's support for the other's education or
training, etc. The trial court has substantial discretion in choosing to award alimony.
Analyze Exceptions - ANSWER -Such as excited utterance, present sense
impressions, statement for purpose of medical treatment or diagnosis, business
records, recollection recorded, state of mind hearsay exclusion, prior statement of
identification hearsay exclusion, and opposing party's statement.
Anticipatory repudiation - ANSWER -This occurs when there is an unequivocal
manifestation by one party to the other that the party cannot or will not perform its
obligations under the contract (a mere expression of doubt is not enough) and this
statement is made before the repudiating party's performance is due. The other party
may wait for a reasonable time for performance or resort to any remedy for breach of
contract.
