MBE Flashcards (Correct Answers)
Intentional infliction of emotional distress ( business conduct) Correct Answersto
maintain a claim for intentional infliction of emotional distress, a plaintiff must show that
the defendant acts amounted to extreme and outrageous conduct, causing the plaintiff
severe emotional distress, and that the defendant either intended to cause or was
reckless in causing the emotional distress. Extreme methods of business conduct,
including extreme methods of debt collection has been characterized as actionable
outrageous conduct.
the separation of powers ( article 1 section 8) Correct Answersarticle 1 section 8 of the
Constitution gives Congress the power to spend to provide for the common Defense
and general welfare. This spending may be for any public purpose. Through the
spending power, Congress may regulate state action by imposing reasonable conditions
on the grant of money to state or local governments. By accepting the grant from the
federal government the entity finds itself to adhere to the conditions placed on the grant
by Congress.
Negligence (Generally) Correct AnswersIn every act, a person owes a duty of
reasonable care to avoid the harm which could foreseeably result from his negligence.
Negligence (NIED) Correct Answersthe duty to avoid negligent infliction of emotional
distress is breached when defendant creates a foreseeable risk of physical injury to
plaintiff either by causing a threat of physical impact that leads to emotional distress or
directly causing severe emotional distress that by itself is likely to result in physical
symptoms.
relevancy and reasons for excluding relevant evidence #1 Correct Answersif evidence is
relevant to the issue of whether the defendant would have had an incentive to commit a
crime it can be admitted under the rules of evidence.
Robbery (intent) Correct Answersa conviction for robbery requires the specific intent to
deprive the victim of his property.
ownership Correct Answerswhen land is acquired by a life tenant subject to an
outstanding indebtedness, the life tenant is obligated to pay only the interest on
encumbrances to her land, and the remainder men are obligated to pay the principal. If
a mortgage forecloses upon a property it will destroy all junior estates.
constitutional protection of accused persons Correct Answersevidence generally will not
be suppressed where police reasonably held a good-faith belief that their actions
leading to its discovery were authorized by a valid warrant.
privileges and other policy exclusions Correct Answersif the witness and defendant are
married at the time of trial, the witness cannot be placed in contempt for refusing to
testify against the defendant. The rationale for the rule is to preserve marital harmony,
which would otherwise be damaged by one spouse testifying against the other.
individual rights Correct Answersrestrictions based on the alien status of a citizen are
unique in that the federal government has broad power to create such restrictions, but
alienage discrimination imposed by the states is subject to strict scrutiny under the
equal protection clause.
relevancy and reasons for excluding relevant evidence Correct Answersa trial judge has
discretion to exclude evidence if it's probative value is outweighed by the danger of
unfair prejudice, confusion of the issues, or misleading the jury.
,ownership ( tenancy in common ) Correct Answersa tenant in common may bring an
action to partition the property. Partitioned in kind, in which there is a physical division of
the common property, is preferred; however a partition by sale is allowed one a fair and
equitable physical division of the property is impossible.
individual rights and race Correct Answersrace is an inherently suspect classification
under the equal protection clause, and therefore a government action based on race will
be subjected to strict scrutiny and struck down unless the state can demonstrate that
the action is necessary to achieve a compelling government interest. Government
action that merely has a discriminatory effect, however, will not trigger this level of
analysis. There must be some degree of intent on the part of the government to
discriminate. If discriminatory intent cannot be shown, the rational basis standard of
scrutiny will apply, and the action will be upheld if the government can show that its
actions are rationally related to any government interest. The courts will be particularly
cautious in finding race-based discriminatory intent in the government's drawing of
voting districts, and thereby subjecting to the government's actions to strict scrutiny and
likely having those actions overturned. Therefore a plaintiff must show that race was the
predominant factor motivating the Legislature's decision to place a significant number of
voters within or without the district.
a time place and manner regulation subject to intermediate scrutiny Correct
AnswersThe government must show that the law serves an important objective, not
involving the suppression of speech, that the law is narrowly tailored, and there remain
ample alternative means of communication.
the relation of nation and states and federal system Correct Answersmost governmental
power is concurrent, belonging to both the states and the federal government. When
both the states and the federal government passed legislation on the same subject, the
supremacy clause of the Constitution provides that the federal law is supreme, and
conflicting state law is rendered void. A conflict can result if there is an actual, explicit
conflict between the state and federal laws, if the state action interferes with the
achievement of federal objective, or if the state legislated upon the matter after
Congress took action demonstrating an intent to preclude any state or local legislation.
constitutional protection of accused persons Correct AnswersUse and derivative use
immunity sufficiently protects the constitutional privilege against self-incrimination in the
situation of compelling production of a person's diary in a criminal case.
title- notice recording act that protects bona fide purchasers that purchase land without
notice of a prior interest Correct Answersin the majority of jurisdictions, a judgment
creditor is not considered a bona fide purchaser and is not protected by the recording
act.
Strict liability products liability Correct Answersstrict products liability only applies to
sellers if they are commercial suppliers of the type of goods that the defective product
belongs to.
First Amendment Correct Answersa law that restricts speech may be facially invalid
under the First Amendment if it is substantially vague or overbroad. A vague law is one
in which people of reasonable intelligence would not know what is prohibited, and an
overbroad law is one that encompasses substantially more speech than necessary.
fourth amendment ( in regard to hotel dwellings) Correct Answersthe fourth amendment
protects a person's expectation of privacy in their dwelling, including their temporary
, hotel room dwelling. Absent exigent circumstances, which were not present in this fact
pattern, the fourth amendment would require the officers who have obtained a war it
before entering the hotel room.
intentional torts Correct Answersthere is evidence supporting compensatory damages
( emotional distress, the removal of the faucets) and punitive damages ( malicious
intent, ill will). Because the lease is still in effect and the trespasses are repeated an
ongoing, injunctive relief should also be available.
Race notice statute Correct Answersno unrecorded conveyance or mortgage of real
property shall be good again subsequent purchasers for value without notice, who shall
first record. Under this type of statute a subsequent bona fide purchaser is protected if
she records before a prior grantee.
privileges and other policy exclusions Correct Answersthe attorney-client privilege
protects communications between an attorney and a client made during a professional
consultation. The privilege does not exist, however, if the professional consultation was
made to aid in the planning or actual commission of something that the client knew, or
should have known, was a crime of fraud. A room with him this
easement Appurtenant Correct Answersan easement is deemed Appurtenant when the
right of special use benefits the holder of the easement in his physical use of another
tract of land. An easement Appurtenant attaches to possession of the dominant estate,
and all who possess or subsequently succeed to title of the dominant estate become
entitled to the benefit of the easement.
extinguishment of easement Correct Answersfor an easement to be extinguished there
must be complete unity of ownership as between interests held an easement and the
serving estate. This requires the holder of the easement to acquire an interest in the
Serbian estate of equal or greater duration than the duration of the easement.
easement by necessity Correct Answersan easement by necessity will be created when
a division of a lot deprives one subdivision of access to a public road or utility line.
Individual rights Correct Answersa content neutral restrictions of speech is permissible
to uphold significant interests, so long as it is narrowly to serve the interests leaves
alternative channels open for communication
negligence ( and criminal activity) Correct Answersa defendant in a negligence case is
only liable if the victim was in the scope of the foreseeable risk of the negligent activity.
As a general matter, criminal activity is not within the foreseeable risk of negligent
unless there are special circumstances that would indicate a high risk of such activity.
the nature of judicial review Correct Answersthe Constitution grants the Supreme Court
with original jurisdiction in all cases affecting ambassadors, other public ministers and
consuls, and those in which a state is a party. As the circumstances of the Supreme
Court's jurisdiction are is explicitly laid out in the Constitution, they may be neither
restricted nor and large by Congress.
the necessary and proper clause Correct Answersthe necessary and proper clause of
article 1 gives Congress the power to make all laws necessary and proper to carry into
execution other powers granted to it by the Constitution. Such laws, however, may not
be inconsistent with the terms of the Constitution. Will
res ispa loquitor Correct Answersthis doctrine states that when an injury is caused by an
event that does not normally occur, an instrument that caused the injury was in the
defendant's exclusive control, the plaintiff does not need additional evidence to establish
Intentional infliction of emotional distress ( business conduct) Correct Answersto
maintain a claim for intentional infliction of emotional distress, a plaintiff must show that
the defendant acts amounted to extreme and outrageous conduct, causing the plaintiff
severe emotional distress, and that the defendant either intended to cause or was
reckless in causing the emotional distress. Extreme methods of business conduct,
including extreme methods of debt collection has been characterized as actionable
outrageous conduct.
the separation of powers ( article 1 section 8) Correct Answersarticle 1 section 8 of the
Constitution gives Congress the power to spend to provide for the common Defense
and general welfare. This spending may be for any public purpose. Through the
spending power, Congress may regulate state action by imposing reasonable conditions
on the grant of money to state or local governments. By accepting the grant from the
federal government the entity finds itself to adhere to the conditions placed on the grant
by Congress.
Negligence (Generally) Correct AnswersIn every act, a person owes a duty of
reasonable care to avoid the harm which could foreseeably result from his negligence.
Negligence (NIED) Correct Answersthe duty to avoid negligent infliction of emotional
distress is breached when defendant creates a foreseeable risk of physical injury to
plaintiff either by causing a threat of physical impact that leads to emotional distress or
directly causing severe emotional distress that by itself is likely to result in physical
symptoms.
relevancy and reasons for excluding relevant evidence #1 Correct Answersif evidence is
relevant to the issue of whether the defendant would have had an incentive to commit a
crime it can be admitted under the rules of evidence.
Robbery (intent) Correct Answersa conviction for robbery requires the specific intent to
deprive the victim of his property.
ownership Correct Answerswhen land is acquired by a life tenant subject to an
outstanding indebtedness, the life tenant is obligated to pay only the interest on
encumbrances to her land, and the remainder men are obligated to pay the principal. If
a mortgage forecloses upon a property it will destroy all junior estates.
constitutional protection of accused persons Correct Answersevidence generally will not
be suppressed where police reasonably held a good-faith belief that their actions
leading to its discovery were authorized by a valid warrant.
privileges and other policy exclusions Correct Answersif the witness and defendant are
married at the time of trial, the witness cannot be placed in contempt for refusing to
testify against the defendant. The rationale for the rule is to preserve marital harmony,
which would otherwise be damaged by one spouse testifying against the other.
individual rights Correct Answersrestrictions based on the alien status of a citizen are
unique in that the federal government has broad power to create such restrictions, but
alienage discrimination imposed by the states is subject to strict scrutiny under the
equal protection clause.
relevancy and reasons for excluding relevant evidence Correct Answersa trial judge has
discretion to exclude evidence if it's probative value is outweighed by the danger of
unfair prejudice, confusion of the issues, or misleading the jury.
,ownership ( tenancy in common ) Correct Answersa tenant in common may bring an
action to partition the property. Partitioned in kind, in which there is a physical division of
the common property, is preferred; however a partition by sale is allowed one a fair and
equitable physical division of the property is impossible.
individual rights and race Correct Answersrace is an inherently suspect classification
under the equal protection clause, and therefore a government action based on race will
be subjected to strict scrutiny and struck down unless the state can demonstrate that
the action is necessary to achieve a compelling government interest. Government
action that merely has a discriminatory effect, however, will not trigger this level of
analysis. There must be some degree of intent on the part of the government to
discriminate. If discriminatory intent cannot be shown, the rational basis standard of
scrutiny will apply, and the action will be upheld if the government can show that its
actions are rationally related to any government interest. The courts will be particularly
cautious in finding race-based discriminatory intent in the government's drawing of
voting districts, and thereby subjecting to the government's actions to strict scrutiny and
likely having those actions overturned. Therefore a plaintiff must show that race was the
predominant factor motivating the Legislature's decision to place a significant number of
voters within or without the district.
a time place and manner regulation subject to intermediate scrutiny Correct
AnswersThe government must show that the law serves an important objective, not
involving the suppression of speech, that the law is narrowly tailored, and there remain
ample alternative means of communication.
the relation of nation and states and federal system Correct Answersmost governmental
power is concurrent, belonging to both the states and the federal government. When
both the states and the federal government passed legislation on the same subject, the
supremacy clause of the Constitution provides that the federal law is supreme, and
conflicting state law is rendered void. A conflict can result if there is an actual, explicit
conflict between the state and federal laws, if the state action interferes with the
achievement of federal objective, or if the state legislated upon the matter after
Congress took action demonstrating an intent to preclude any state or local legislation.
constitutional protection of accused persons Correct AnswersUse and derivative use
immunity sufficiently protects the constitutional privilege against self-incrimination in the
situation of compelling production of a person's diary in a criminal case.
title- notice recording act that protects bona fide purchasers that purchase land without
notice of a prior interest Correct Answersin the majority of jurisdictions, a judgment
creditor is not considered a bona fide purchaser and is not protected by the recording
act.
Strict liability products liability Correct Answersstrict products liability only applies to
sellers if they are commercial suppliers of the type of goods that the defective product
belongs to.
First Amendment Correct Answersa law that restricts speech may be facially invalid
under the First Amendment if it is substantially vague or overbroad. A vague law is one
in which people of reasonable intelligence would not know what is prohibited, and an
overbroad law is one that encompasses substantially more speech than necessary.
fourth amendment ( in regard to hotel dwellings) Correct Answersthe fourth amendment
protects a person's expectation of privacy in their dwelling, including their temporary
, hotel room dwelling. Absent exigent circumstances, which were not present in this fact
pattern, the fourth amendment would require the officers who have obtained a war it
before entering the hotel room.
intentional torts Correct Answersthere is evidence supporting compensatory damages
( emotional distress, the removal of the faucets) and punitive damages ( malicious
intent, ill will). Because the lease is still in effect and the trespasses are repeated an
ongoing, injunctive relief should also be available.
Race notice statute Correct Answersno unrecorded conveyance or mortgage of real
property shall be good again subsequent purchasers for value without notice, who shall
first record. Under this type of statute a subsequent bona fide purchaser is protected if
she records before a prior grantee.
privileges and other policy exclusions Correct Answersthe attorney-client privilege
protects communications between an attorney and a client made during a professional
consultation. The privilege does not exist, however, if the professional consultation was
made to aid in the planning or actual commission of something that the client knew, or
should have known, was a crime of fraud. A room with him this
easement Appurtenant Correct Answersan easement is deemed Appurtenant when the
right of special use benefits the holder of the easement in his physical use of another
tract of land. An easement Appurtenant attaches to possession of the dominant estate,
and all who possess or subsequently succeed to title of the dominant estate become
entitled to the benefit of the easement.
extinguishment of easement Correct Answersfor an easement to be extinguished there
must be complete unity of ownership as between interests held an easement and the
serving estate. This requires the holder of the easement to acquire an interest in the
Serbian estate of equal or greater duration than the duration of the easement.
easement by necessity Correct Answersan easement by necessity will be created when
a division of a lot deprives one subdivision of access to a public road or utility line.
Individual rights Correct Answersa content neutral restrictions of speech is permissible
to uphold significant interests, so long as it is narrowly to serve the interests leaves
alternative channels open for communication
negligence ( and criminal activity) Correct Answersa defendant in a negligence case is
only liable if the victim was in the scope of the foreseeable risk of the negligent activity.
As a general matter, criminal activity is not within the foreseeable risk of negligent
unless there are special circumstances that would indicate a high risk of such activity.
the nature of judicial review Correct Answersthe Constitution grants the Supreme Court
with original jurisdiction in all cases affecting ambassadors, other public ministers and
consuls, and those in which a state is a party. As the circumstances of the Supreme
Court's jurisdiction are is explicitly laid out in the Constitution, they may be neither
restricted nor and large by Congress.
the necessary and proper clause Correct Answersthe necessary and proper clause of
article 1 gives Congress the power to make all laws necessary and proper to carry into
execution other powers granted to it by the Constitution. Such laws, however, may not
be inconsistent with the terms of the Constitution. Will
res ispa loquitor Correct Answersthis doctrine states that when an injury is caused by an
event that does not normally occur, an instrument that caused the injury was in the
defendant's exclusive control, the plaintiff does not need additional evidence to establish
