Bar Prep FINAL EXAMS 2022
NIED ans: 1) No direct physical trauma
2) Negligence occurred under some standard of care
AND π was in zone of danger and exhibited subsequent physical manifestations of distress
ALSO recovery in bystander situation where a close family member was a witness to the injury
Murder ans: 1) Intent to kill
2) Intent to inflict great bodily injury
3) Highly reckless indifference to human life (depraved heart)
4) Intent to commit felony (Burglary, Arson, Rape, Robbery, Kidnapping)
M'Naghten Rule ans: At the time of his conduct, ∆ lacked the ability to know the wrongfulness of his
actions or understand the nature and quality of his actions
Arson ans: The malicious burning of the dwelling of another
Malice ans: Reckless disregard for an obvious or high risk that a particular harmful result will occur
Burglary ans: The breaking and entering into the dwelling of another at night with the intent to commit
a felony therein
Robbery ans: The taking of the personal property of another from the other's person or presence by
force or by threats of immediate death or physical injury with the intent to permanently deprive
False Pretenses ans: Obtaining title to the personal property of another through a knowing (intentional
in some jdx) misrepresentation of past or present fact with the intent to defraud
Larceny ans: The taking and asportation of the personal property of another without consent or with
consent obtained by fraud with the intent to permanently deprive
Voluntary Manslaughter ans: Provocation adequate if:
1) Would arouse sudden and intense passion in an ordinary person
2) ∆ was in fact provoked
3) Not sufficient time for the ordinary person to cool off
4) ∆ did not cool off
Assault (Crim) ans: 1) Attempt to commit a battery
2) Intentional creation of reasonable apprehension in another of imminent bodily harm
Battery (Crim) ans: An unlawful application of force to the person of another resulting in either bodily
injury or offensive touching
Materiality of Breach ans: 1) Adequacy of compensation
2) Amount of benefit received
3) Extent of part performance
4) Hardship to breaching party
,5) Negligent or willful behavior
6) Likelihood that breaching party will perform
Discharge by Novation ans: 1) Prior valid contract
2) Agreement between parties
3) Immediate extinguishment of contractual duties between original parties
4) New and valid contract
Conspiracy ans: 1) An agreement between two or more person
2) Intent to enter into the agreement
3) Intent to achieve the unlawful objective of the agreement
4) (maj) Overt act in furtherance *Mere preparation sufficient
**Liability for co-conspirators if crimes committed in furtherance of conspiracy and foreseeable
Factual Causation ans: But for the ∆'s action π would not have been hurt
Multiple ∆s:
-> Mingled Causation-substantial factor test
-> Unascertainable Cause- burden on π to show each ∆ was factor then burden to ∆s to show not cause
Proximate Cause ans: Natural and probable consequences
Liability is fair when:
1) Intervening medical negligence
2) Intervening negligent rescue
3) Intervening protection/reaction
4) Subsequent disease/accident
Requirements for Informal Rulemaking (Fed) ans: 1) Notice
2) Right to Participate (right to submit written data or arguments but no right to hearing)
3) Promulgation (concise general statement of basis and purpose, must have 30 days before
implementation)
Main Test for Distinguishing b/t Employee and IC ans: Extent of the principal's control the manner and
method of agent's performance
Exceptions to Right of Judicial Review ans: 1) Standing
2) Statute of Limitations
3) Finality of agency decision
4) Exhaustion of agency remedies
5) Ripeness
Federal Evidence Admissibility Standard (Admin) ans: Any reliable, probative, or substantial evidence
Oregon Evidence Admissibility Standard ans: Allowed if relied upon by reasonably prudent persons in
the course of their serious affairs
Issue Trio ans: Void for vagueness
Overbreadth
Unduly Discretionary
, Discharge by Frustration ans: 1) Supervening act/event leading to the frustration
2) Parties did not reasonably foresee at the time of formation
3) Purpose of K completely or almost completely destroyed
4) Purpose of K realized by both parties at time of formation
Mutual Mistake ans: 1) Mistake concerns a basic assumption on which the contract was made
2) Material effect on the agreed-upon exchange
Strict Liability- Injuries by animals ans: Domesticated animals- No strict liability unless prior knowledge
of vicious propensities
Trespassing Livestock- SL
Wild Animals- SL even with precautions
Rule ans: Statement of general applicability and future effect prescribing or interpreting law, policy, or
procedure
Oregon Service of Process Methods ans: **Notice must be reasonably calculated to apprise ∆ of the suit
and give reasonable chance to defend
Abode (14+ and first class mail)
Mail (First class and evidenced)
Office (Someone w/ app. auth. + 1st class mail)
Personal
Entity
Federal Service of Process Methods ans: Abode (13+)
Waiver (60 days to respond instead of 21)
Agent
State
Personal
Strict Liability (Products) ans: 1) Commercial Seller/Merchant
2) π shows product is defective
-> Manufacturing defect
-> Design defect
* alternative version that is economical, safer, prac.
3) In defective condition when it left seller's control
4) Foreseeable use/misuse
Strict Liability (Ultrahazardous Activities) ans: Activity cannot be made safe
Poses foreseeable risk of severe harm
Uncommon in area where conducted
** Risk remains with reasonable care
Defenses to Felony Murder ans: 1) Cannot be convicted of underlying felony
2) Killing was of a co-felon
3) Reached a place of temporary safety
4) Felony independent of killing
NIED ans: 1) No direct physical trauma
2) Negligence occurred under some standard of care
AND π was in zone of danger and exhibited subsequent physical manifestations of distress
ALSO recovery in bystander situation where a close family member was a witness to the injury
Murder ans: 1) Intent to kill
2) Intent to inflict great bodily injury
3) Highly reckless indifference to human life (depraved heart)
4) Intent to commit felony (Burglary, Arson, Rape, Robbery, Kidnapping)
M'Naghten Rule ans: At the time of his conduct, ∆ lacked the ability to know the wrongfulness of his
actions or understand the nature and quality of his actions
Arson ans: The malicious burning of the dwelling of another
Malice ans: Reckless disregard for an obvious or high risk that a particular harmful result will occur
Burglary ans: The breaking and entering into the dwelling of another at night with the intent to commit
a felony therein
Robbery ans: The taking of the personal property of another from the other's person or presence by
force or by threats of immediate death or physical injury with the intent to permanently deprive
False Pretenses ans: Obtaining title to the personal property of another through a knowing (intentional
in some jdx) misrepresentation of past or present fact with the intent to defraud
Larceny ans: The taking and asportation of the personal property of another without consent or with
consent obtained by fraud with the intent to permanently deprive
Voluntary Manslaughter ans: Provocation adequate if:
1) Would arouse sudden and intense passion in an ordinary person
2) ∆ was in fact provoked
3) Not sufficient time for the ordinary person to cool off
4) ∆ did not cool off
Assault (Crim) ans: 1) Attempt to commit a battery
2) Intentional creation of reasonable apprehension in another of imminent bodily harm
Battery (Crim) ans: An unlawful application of force to the person of another resulting in either bodily
injury or offensive touching
Materiality of Breach ans: 1) Adequacy of compensation
2) Amount of benefit received
3) Extent of part performance
4) Hardship to breaching party
,5) Negligent or willful behavior
6) Likelihood that breaching party will perform
Discharge by Novation ans: 1) Prior valid contract
2) Agreement between parties
3) Immediate extinguishment of contractual duties between original parties
4) New and valid contract
Conspiracy ans: 1) An agreement between two or more person
2) Intent to enter into the agreement
3) Intent to achieve the unlawful objective of the agreement
4) (maj) Overt act in furtherance *Mere preparation sufficient
**Liability for co-conspirators if crimes committed in furtherance of conspiracy and foreseeable
Factual Causation ans: But for the ∆'s action π would not have been hurt
Multiple ∆s:
-> Mingled Causation-substantial factor test
-> Unascertainable Cause- burden on π to show each ∆ was factor then burden to ∆s to show not cause
Proximate Cause ans: Natural and probable consequences
Liability is fair when:
1) Intervening medical negligence
2) Intervening negligent rescue
3) Intervening protection/reaction
4) Subsequent disease/accident
Requirements for Informal Rulemaking (Fed) ans: 1) Notice
2) Right to Participate (right to submit written data or arguments but no right to hearing)
3) Promulgation (concise general statement of basis and purpose, must have 30 days before
implementation)
Main Test for Distinguishing b/t Employee and IC ans: Extent of the principal's control the manner and
method of agent's performance
Exceptions to Right of Judicial Review ans: 1) Standing
2) Statute of Limitations
3) Finality of agency decision
4) Exhaustion of agency remedies
5) Ripeness
Federal Evidence Admissibility Standard (Admin) ans: Any reliable, probative, or substantial evidence
Oregon Evidence Admissibility Standard ans: Allowed if relied upon by reasonably prudent persons in
the course of their serious affairs
Issue Trio ans: Void for vagueness
Overbreadth
Unduly Discretionary
, Discharge by Frustration ans: 1) Supervening act/event leading to the frustration
2) Parties did not reasonably foresee at the time of formation
3) Purpose of K completely or almost completely destroyed
4) Purpose of K realized by both parties at time of formation
Mutual Mistake ans: 1) Mistake concerns a basic assumption on which the contract was made
2) Material effect on the agreed-upon exchange
Strict Liability- Injuries by animals ans: Domesticated animals- No strict liability unless prior knowledge
of vicious propensities
Trespassing Livestock- SL
Wild Animals- SL even with precautions
Rule ans: Statement of general applicability and future effect prescribing or interpreting law, policy, or
procedure
Oregon Service of Process Methods ans: **Notice must be reasonably calculated to apprise ∆ of the suit
and give reasonable chance to defend
Abode (14+ and first class mail)
Mail (First class and evidenced)
Office (Someone w/ app. auth. + 1st class mail)
Personal
Entity
Federal Service of Process Methods ans: Abode (13+)
Waiver (60 days to respond instead of 21)
Agent
State
Personal
Strict Liability (Products) ans: 1) Commercial Seller/Merchant
2) π shows product is defective
-> Manufacturing defect
-> Design defect
* alternative version that is economical, safer, prac.
3) In defective condition when it left seller's control
4) Foreseeable use/misuse
Strict Liability (Ultrahazardous Activities) ans: Activity cannot be made safe
Poses foreseeable risk of severe harm
Uncommon in area where conducted
** Risk remains with reasonable care
Defenses to Felony Murder ans: 1) Cannot be convicted of underlying felony
2) Killing was of a co-felon
3) Reached a place of temporary safety
4) Felony independent of killing
