MBE (mix)

Which of the following would most likely NOT create a fee simple?

"To P for life"

Which of the following statements is TRUE?

A "frolic" is a major deviation from an employee's scope of employment, for which the employer is not vicariously liable.

For a contract subject to the common law, which of the following statements regarding substantial performance of the constructive condition of exchange is FALSE?

A party who has substantially performed cannot be liable for damages.

Regarding permissive joinder of parties, which of the following is TRUE?

A plaintiff may join if the claim arises out of the same transaction or occurrence and there is a common question of law or fact.

Regarding consideration substitutes, which of the following statements is FALSE?

A promise that is not supported by consideration cannot be enforced.

Which of the following is NOT an absolute privilege to defamation?

A statement affecting some important public interest

Which of the following statements regarding the Rule Against Perpetuities is TRUE?

A validating life is a person who tells us whether the interest must vest or fail within the perpetuities period.

Which of the following is TRUE regarding recovery for loss arising from injury to family members?

A wrongful death action may be brought by the decedent's personal representative for losses suffered by the representative.

Which of the following is NOT a requirement of a quasi-contract?

Absence of mistake by the party conferring the benefit.

Regarding an answer, which of the following is TRUE?

Affirmative defenses must be pleaded in the answer.

Which of the following statements regarding land sale contracts is TRUE?

After property is conveyed by deed, the transferee cannot enforce a provision in the contract of sale.

Which of the following statements regarding termination of easements is FALSE?

An easement may be terminated by non-use coupled with detrimental reliance by the holder.

Which of the following contracts is subject to the Statute of Frauds?

An employment contract for a ten-month period that starts in three months.

Regarding the waiver of an express condition, which of the following statements is FALSE?

An express condition can be waived only by express language.

Regarding an express condition in a contract, which of the following statements is TRUE?

An express condition must be strictly satisfied.

Which of the following statements regarding a tenancy in common is TRUE?

Any conveyance to more than one person is presumed to be a tenancy in common.

Which of the following is recognized as a complete defense to a strict liability action?

Assumption of the risk

For a new term in an acceptance to be part of the contract in a sale of goods, which of the following is NOT a requirement?

Both parties cannot be merchants.

Which of the following is NOT an implied future covenant in a general warranty deed?

Covenant against encumbrances

When the builder breaches a building contract, which of the following is FALSE?

Damages based on the diminution in market value of the building may be awarded to the nonbreaching party whenever the breaching party acted willfully.

What are parasitic damages?

Damages for emotional distress that accompany a physical injury

In which of the following circumstances is an employer NOT vicariously liable for a tort committed by an independent contractor?

Delegable duties

If a testator's will provides for a gift of property, but the testator sells that property before she dies, the devise is invalidated by which of the following?

Doctrine of ademption

FILL IN THE BLANK. An improper threat that deprives a party from making a meaningful choice to contract is _____________________.

Duress

Which of the following statements regarding damages is TRUE when there are multiple defendants who are liable for a single and indivisible harm to the plaintiff?

Each defendant is liable to the plaintiff for the entire amount of the harm

Under the Erie Doctrine, a federal district court generally must apply which law in a diversity action?

Federal procedural and state substantive law

Which of the following statements regarding immunities is FALSE?

Government officials are immune for ministerial acts.

Which of the following statements regarding adverse possession is TRUE?

Government-owned land cannot be adversely possessed.

Which of the following statements regarding "nuisance" is FALSE?

In a private nuisance, a substantial interference is more than merely offensive or annoying to the average person in the community.

Which of the following statements regarding trespass to chattels is FALSE?

In circumstances of use or intermeddling, the plaintiff may still recover even if he cannot show actual damages.

Which of the following statements regarding privity is FALSE?

In order for the benefit to run, the original parties must have been in horizontal privity.

Which of the following statements regarding the requirements for running a real covenant is TRUE?

In order to run with the land, the benefit or burden of the covenant must affect both the promisee and promisor as landowners.

Which of the following third party beneficiaries can NOT enforce a contract entered into by other parties?

Incidental

Which of the following statements is NOT a requirement for a valid deed?

It includes a legal description of the property.

A contract is best characterized as a(n) _____________________________.

Legally enforceable agreement

Which of the following is NOT a basis for exercising general in personam jurisdiction over a defendant?

Long-arm statute

If, on April 15, a landlord gives a tenant with a month-to-month lease notice of termination of the lease, what day is last day of the tenancy?

May 31

FILL IN THE BLANKS. A ________________________ clause in a written contract is evidence of a ______________________ integration.

Merger, complete

Which of the following is FALSE regarding an attorney's responsibility with respect to documents such as pleadings filed with the court?

Most pleadings and motions need not be certified.

When the plaintiff is a private individual and the defamatory statement involves a matter of public concern, the plaintiff must prove at least which of the following?

Negligence

Under the Doctrine of Worthier Title, a conveyance by a grantor of "to A for life, then to my heirs" creates what type of interest in the grantor's heirs?

No interest

Regarding the "perfect tender" rule, which of the following is FALSE?

Once a buyer has accepted the goods, the buyer cannot revoke his acceptance and return the goods.

Which of the following statements regarding strict liability for injuries caused by animals is FALSE?

Owners of a domestic animal may be strictly liable for damage caused by an animal on a public road.

Regarding modification of a contract for the sale of goods, which of the following statements is FALSE?

Past consideration constitutes consideration.

Which of the following claims must be supported by an independent jurisdictional basis?

Permissive counterclaim

Which of the following statements about the transfer of real property by a decedent is FALSE?

Property that is transferred by will is said to be devised to the testator's heirs.

Which invasion of privacy claim is relatively difficult to prove?

Public disclosure of private facts

"No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice who shall first record" is an example of language that would be seen in which of the following types of statute?

Race-notice statute

Regarding damages in a contract action, which of the following is FALSE?

Reliance damages are the normal way in which to calculate damages.

Regarding respondeat superior, which of the following statements is FALSE?

Respondeat superior is a way of holding an employer liable for his own negligence.

FILL IN THE BLANK. Regarding alternative causation, when the plaintiff's harm was caused by only one of two negligent defendants, but it is not clear which one, courts will ___________________________.

Shift the burden of proof to the defendants.

Under the Erie Doctrine, which of the following is NOT an example of state substantive law?

State discovery deadlines

Regarding statutory interpleader under the Federal Interpleader Act, which of the following is FALSE?

Statutory interpleader requires complete diversity.

Regarding intervention, which of the following is TRUE?

Supplemental jurisdiction is not permitted for either type of intervention when jurisdiction is based on diversity.

Which of the following statements regarding tenancy by the entirety is FALSE?

Tenancy by the entirety is a joint tenancy between married persons with no right of survivorship.

In a sale of goods for which there was a written offer and a written purported acceptance, if there is not a contract but the parties act as if there is, which of the following is TRUE?

Terms on which both writings agree become part of the contract

Regarding contributory negligence, which of the following statements is TRUE?

The "last clear chance" doctrine permits the plaintiff to recover despite being negligent.

Which of the following statements regarding the Rule Against Perpetuities is FALSE?

The Rule Against Perpetuities does not apply to a property interest that passes from one charity to a non-charity.

Which of the following statements regarding contingent and vested remainders is FALSE?

The Rule Against Perpetuities does not apply to contingent remainders.

Regarding the assignment of contractual rights, which of the following is FALSE?

The assignee of rights under a contract that prohibits assignments cannot enforce the contract.

Which of the following is NOT required for a bystander plaintiff to recover for NIED as a result of witnessing harm to another?

The bystander must be within the zone of danger.

Which of the following is NOT an element of a strict products liability action?

The defect caused purely economic loss to the plaintiff.

Which of the following is NOT an element of intentional misrepresentation?

The defendant must have negligently induced the plaintiff to act in reliance on the misrepresentation.

Which of the following statements is TRUE regarding malicious prosecution?

The defendant's legal action must have been brought for an improper purpose.

Which of the following statements regarding trade libel is FALSE?

The derogatory statements need not actually result in damages to business relationships.

Which of the following describes a land possessor's traditional duty to a licensee?

The duty to warn about known, concealed dangers

Which of the following would NOT end a tenancy at will?

The expiration of a reasonable time

Regarding the implied warranty of merchantability, which of the following is TRUE?

The goods are warranted to be fit for ordinary commercial purposes.

Which of the following statements regarding the transfer of a deed is TRUE?

The grantee is generally presumed to have accepted the deed, provided the transfer is for value.

Which of the following guarantees is made by the grantor in a quitclaim deed?

The grantor transfers whatever rights he has in the property to the buyer.

What is the extent of a defendant's strict liability for an abnormally dangerous activity?

The harm that flows from the risk that made the activity abnormally dangerous

Which of the following is NOT a requirement for the tenant to be relieved of the duty to pay rent due to constructive eviction?

The lease premises must be residential.

Regarding the jurisdictional amount for actions based on diversity jurisdiction, which of the following is FALSE?

The plaintiff must establish the jurisdictional amount to a legal certainty.

Which of the following statements regarding assault is FALSE?

The plaintiff must prove actual damages to recover for assault.

Which of the following is NOT a factor the court considers when determining whether conduct is a conversion or a trespass to chattel?

The plaintiff's good faith

Regarding complaints, which of the following is FALSE?

The plaintiff's recovery is generally limited to the claim for relief made in the complaint.

Impracticability does NOT provide a defense for nonperformance in which of the following circumstances?

The purpose of the contract is frustrated.

Which of the following statements regarding an equitable servitude is FALSE?

The remedy for breach of an equitable servitude is damages.

Regarding the implied warranty of fitness for a particular purpose, which of the following is FALSE?

The seller must be a merchant.

Which of the following statements regarding the covenant of marketable title is TRUE?

The seller must cure the defective title before closing.

Which of the following is NOT a requirement for a seller to exercise the right of reclamation?

The seller's demand for return of the goods must be made within 30 days of receipt of the goods by the buyer unless the buyer misrepresented his solvency.

In a real property transaction, the baseline choice of law rule to be applied is based upon which of the following?

The state where the property is located.

The occurrence of which of the following events will NOT cause an intended beneficiary's right to vest?

The third party is identified in the contract as an intended beneficiary.

In which of the following situations is a plaintiff required to prove a physical manifestation of severe emotional distress in order to establish negligent infliction of emotional distress?

The witnessing of harm to a close relative

Which of the following would NOT constitute an encumbrance that would prevent a seller from delivering marketable title to a buyer?

Title acquired by adverse possession that has been quieted

Which of the following statements regarding zoning is TRUE?

To obtain a zoning variance, the property owner must show that the current zoning law would create an unnecessary hardship from circumstances unique to the property.

Which of the following statements regarding a landlord's duties is FALSE?

Under the majority rule, a landlord is only required to deliver legal possession of the property to the tenant.

FILL IN THE BLANKS. For frustration of purpose to serve as an excuse for performance, an event must occur that ____________________ the reason for the contract. The event ____________________ performance of the contract impossible.

Undermines, does not make

In which of the following situations can a plaintiff recover punitive damages?

When the defendant acted with malice

In which of the following circumstances may a party's silence be actionable as nondisclosure?

When the party engages in active concealment or when the party owes a fiduciary duty to the other party.

FILL IN THE BLANKS. When it comes to lawyers and other professionals, evidence of custom is ________________________________ as evidence to establish the proper standard of care, and such evidence is _________________________.

admissible, dispositive

FILL IN THE BLANK. When a product is less safe than contemplated by the ordinary consumer, a plaintiff should bring a claim for __________.

design defect

FILL IN THE BLANK. A manufacturer or seller can be strictly liable for injuries arising from a plaintiff's __________ misuse, modification, or alteration of a product.

foreseeable

FILL IN THE BLANKS. In a modified comparative fault jurisdiction, if the plaintiff is __________ compared to the defendant, then the __________.

more at fault; plaintiff cannot recover

FILL IN THE BLANK. When both parties agree that another party will assume the contractual obligations of one of the parties, a __________ has occurred.

novation

FILL IN THE BLANK. In determining the reasonableness of a defendant's behavior, the general standard is __________.

objective

FILL IN THE BLANKS. An acceptance is a(n) ________________ manifestation of a willingness to enter into the agreement by the offeree. The offeree _______________ accept a unilateral offer with a promise to perform.

objective, may not

FILL IN THE BLANKS. The delegating party ___________________ to the obligee unless ______________________________.

remains liable, there has been a novation

FILL IN THE BLANKS. Every state has a long-arm statute which allows _______________________ over out-of-state defendants for ____________________________ involving that state.

specific in personam jurisdiction; particular transactions

FILL IN THE BLANKS. A contract for the transfer of a real property interest can satisfy the Statute of Frauds if any _________ of the following have occurred: payment, _________, or improvements of the property.

two, possession