UBE BAR EXAM

Burglary Arson Robbery Rape Kidnapping

Crimes capable of Felony-Murder at common Law

Prevents a surviving party to a contract from serving as a witness regarding any matter occurring before the death of another party to the contract.

Dead Man's Statute

For "sum certain" - no notice For all others - 7 days

Default Judgment Notice Requirements

Pure comparative negligence & Joint and several liability

Default Negligence Standard for MBE

In making a new will, if it fails old revoked will springs to life

Dependent relative revocation

or installment contract in which various units are distinct parts

Divisible contract

No, but can get one over objection of prosecution if you show jury wouldn't give you a fair trial

Do you have a constitutional right to a bench trial in a criminal proceeding?

Yes

Does Congress have the power to provide uniform rules for bankruptcy

Yes, Defendant has a right to counsel at any trial that results in a sentence of incarceration

Does Defendant have a right to counsel at a trial where he cab be incarcerated even if sentence is suspended?

NO

Does criminal immunity grant civil immunity?

YES

Does federal criminal immunity grant state criminal immunity

Yes, to look for waste

Does future interest holder have a right to inspect

Yes, response documents may be necessary to keep evidence from being misleading

Does the rule of completeness allow other side to introduce documents

1- sold alcohol to a customer who they know, or should have known was intoxicated 2- the customer harmed a third party 3- The bar's actions in helping the customer become intoxicated were a substantial factor that caused 3rd party's damage

Dram Shop Law

1- Statement made by individual who believes he is dying 2- Individual believes death is imminent 3- Statement pertains to causes & circumstances of his death (only in homicide cases and civil trials)

Dying Declaration

Individual 1- Obtains title to property 2- of another person 3- through reliance of that person 4- on a known false representation of a material past or present fact 5- the representation is made w/ intent to defraud INDIVIDUAL TAKES FULL TITLE NOT JUST POSSESSION

False Pretenses

Obtaining title to property of another person Through the reliance of that person On a known false representation of a material past or present fact The representation is made with the intent to defraud

False Pretenses

- $500 in controversy - Any 2 defendant diverse from Plaintiff

Federal Statutory Interpleader Jurisdiction

Making Of a false writing With apparent legal significance & Intent to defraud

Forgery

- Within 14 days of certification - Whether to hear appeal is at court's discretion - Final judgment rule does not apply

How do you appeal Class Action Certification

Insured's domicile is imputed to the insurance company for the purposes of diversity

How does the insured's domicile affect personal jurisdiction of insurance company?

21 days from service

How long does defendant have to answer complaint if he does not waive service?

No, if Plaintiff believed in good faith that his claim was for more than $75,000, diversity is not destroyed.

If the claim is moved to less than $75,000 as a result of discovery, does this destroy diversity jurisdiction?

No, must deliver it. There is no witnessing requirement, so just have to give it to ANYONE else.

If you keep a deed is it valid?

1- Representation by defendant's attorney must fall below objective standard of reasonableness AND 2- Attorney's deficient performance prejudiced defendant

Ineffective Assistance of Counsel

1. Misrepresentation by a defendant 2. scienter 3. Intent to induce Plaintiff's reliance 4. Damages

Intentional Misrepresentation

Criminal negligence Reckless action that puts another at a significant risk of injury or death.

Involuntary Manslaughter

Intentional Homicide committed with criminal negligence (recklessness under MPC) or during unlawful act Something less than depraved-heart murder

Involuntary manslaughter

NO

Is a cross-claim mandatory

No, unless character is an element of the claim or defense

Is character evidence admissible at Civil trial

No, it is by definition NOT HEARSAY

Is statement of a party opponent hearsay with an exception?

Yes, it is considered coerced for the purposes

Is testimony given with a grant of immunity coerced

Trespassory Taking and Carrying away of the personal property of another With the intent (specific) to permanently deprive person of property Does not include services

Larceny

Larceny Accomplished by fraud or deceit That results in conversion of property of another

Larceny by trick

14 days after the last pleading

Last time to demand jury trial

The substance of the transaction, although in the form of a lease, is a secured transaction

Leases are covered by Article 9 when

ONE of the following -Intent to kill -intent to do serious bodily injury -Reckless indifference for human life (depraved heart) -Intent to commit a felony

Malice aforethought

Free and clear of an unreasonable risk of litigation at the time of closing

Marketable title must be

NO

May a defendant be impeached with Juvenile conviction to show untruthfulness

Requires anyone to do an overt act

Model Penal code difference in conspiracy

Yes, even if it is not asked for

Must each party in civil court provide insurance during discovery?

Yes, otherwise it will preclude other possible claims. (Can't bring a claim for race discrimination and then for age; must bring both together.)

Must you bring all claims out of a transaction each time you litigate?

Is express or implied if 1- The original obligor repudiates liability to the original promisee & 2- the obligee subsequently accepts performance of the original agreement from the delegates without reserving rights against the obligor

Novation

1- Father subsequently married the mother 2- Father held the child out as his own in the home or paid child support 3- Paternity was proven by clear and convincing evidence after the father's death 4- Paternity was adjudicated during the lifetime of the father by a preponderance of the evidence

Out-of-wedlock children for father's will to be referenced as "child" or "heir"

Purchasing money security interest Exists when a secured party sells goods to the debtor, & the debtor incurs an obligation to pay the secured party all or part of the purchase price

PMSI

1- filing a finance statement 2- possessing the collateral 3- controlling the collateral 4- perfecting automatically

Perfecting a security interest

1- Full disclosure 2- Agreement is fair and reasonable 3- Agreement is voluntary

Premarital agreement to be valid under UPAA

Determining Ambiguous terms Condition precedent

Prior extrinsic evidence allowed in Parol Evidence Rule

Plaintiff confers benefit on Defendant & Plaintiff has reasonable expectation of compensation Allowing Defendant to receive benefit would be unjust

Quasi-contract to prevent unjust enrichment

1- Alternate source of semen or injury 2- When constitutional rights require 3- Civil cases where probative value is greater 4- Civil cases where victim has placed reputation in controversy

Reasons why past instances of victim's sexual behavior are admissible

Must be revoked on same size reaching medium. Cannot broadcast offer on radio and then revoke offer on small poster.

Revoking a General Offer( i.e. Advertised offer for information/return with reward)

Larceny + force or threat of force

Robbery

Any symbol adopted with intention of acceptance Letterhead may confer signature

Signature under UCC

Not if they acted without negligence.

Someone strikes a third party while acting in self-defense; are they liable?

Free of encumbrances made during owner's ownership

Special Warranty Deed

If you pay off the loan, you now have the lienholder's/mortgagor's rights

Subrogation

1- Party that has substantially performed can recover w/o full performance - negated if incomplete performance amounted to a material breach of contract

Substantial performance

1. Establish, under oath, irreparable injury will result with hearing & 2. Attorney certifies attempt to notify or why notice should not be required

Temporary Restraining Order without notice to the other party

All other security interests in collateral even if they have previously perfected, if the secured party perfects before or within 20 days after debtor receives possession of the collateral

A PMSI in goods other than livestock or inventory is good over

Yes

Are injunctions appealable as a right?

No

Are juvenile convictions admissible in a civil trial

NO, they are subject to the Eerie doctrine

Are statutes of limitation Procedural?

10, but court can order more if needed.

As a group, how many depositions does each side get?

Fee Simple Determinable Grantor retains possibility of reverter

Conveyed with durational language "So long as" "while" "During" "until"

Fee Simple Subject to a condition subsequent Grantor must specifically retain right to reenter

Conveyed with limited specific Conditional Language "upon condition that" "provided that" "but if" "if it happens that"

Fee simple subject to executory interest - 3rd party holds executory interest

Conveyed with specific durational or conditional language automatically terminates at stated event and then passes to third party "to A, but if x occurs, then to B"

(1) Attempt to commit battery (2) Fear of harm - solely to place plaintiff in fear of harm

Two types of assault

If the substance of a transaction creates a security interest

UCC Article 9

1- Indicate Contract has been made 2- Identify parties 3- Quantity 4- Be signed by defendant

UCC Minimum Writing Requirement

1- The secured party must give value 2- The debtor must have rights in the collateral 3- The debtor must have signed a security agreement that describes the collateral, or the secured party retains possession of the collateral

Under UCC Article 9 to be enforceable against a debtor

Upon delivery

Under the UCC when do you pay on Installment contracts

1- expressly state acceptance 2- Using the goods 3- Failing to reject the goods

Accepting goods under the UCC

1- Made at or near the time of the event 2- by a person with knowledge of the event and under a duty to report it, or from information transmitted from such person 3- As part of a regular practice of making the kind of entry in question during the regular course of business

Business record exception

No, it is the well-pleaded complaint rule. Have to stick to State court.

Can a counterclaim raising a federal question give federal question jurisdiction?

No

Can a dead person be defamed

Yes, can do damages or different issues

Can a trial court grant a new trial for only some issues?

Yes, if subsequent writing confirms agreement (something in the writing says "referring to our oral agreement")

Can an oral agreement be enforceable under statute of frauds

Yes, look to advertising, insertion of provision into majority of other lots

Can the implied reciprocal servitude exist in a problem w/o specific mention of the servitude?

No, one plaintiff must have $75,000+ in damages

Can you aggregate damages among plaintiffs in regular diversity case?

No, must have accompanying physical injury

Can you recover only economic loss through negligence?

Yes, when they are delivered as part of a non-conforming shipment & you reasonably believed it would be cured and was not cured (will have to pay for part that was used if any)

Can you revoke acceptance of goods under the UCC?

Courts are not bound by them

Child custody agreement in premarital agreements

1. At least 100 members 2. Primary Defendants are not states, state officials, or state entities 3. Does not involve securities related cases 4. Amount in controversy exceeds $5 million in sum 5. Minimum diversity (one P, one D from different states)

Class Action Fairness Act Requirements

1- Agreement between 2 or more persons 2- To accomplish an unlawful purpose 3- With intent to accomplish that purpose (NO OVERT ACT REQUIRED - WITHDRAWAL IS NOT A DEFENSE)

Common Law Conspiracy

unlawful killing of another with malice aforethought

Common-law murder

Granted to benefit a particular person

Easement in Gross

Owner of property entrusts property with another The other then converts the property

Embezzlement

Can't give someone a loan & take possession of deed as collateral Agreement is unenforceable

Equitable right of redemption

1- Intent to restrict land to agreement holders & successors in interest 2- Person against whom it is enforced has actual, constructive, or inquiry notice 3- Servitude touches or concerns the land

Equitable servitude

1- Group excluded is a distinctive group in the community 2- Group was not fairly represented in the revenue 3- Underrepresentation resulted from systematic exclusion of the group

Establish prima facie case for non-representative jury selection

To the buyer once the item is given to a common carrier

F.O.B. (buyer's location) transfers risk when

Murder in response to adequate provocation ("heat of passion") Could inflame passion of a reasonable person to the extent they cat out of passion rather than reason

Voluntary manslaughter

Ameliorative waste - allowed w/change to neighborhood makes necessary to continue reasonable use of the property

Waste that occurs when a change in the use of the land causes an increase in value

1- Pay interest on mortgage (not mortgage itself) 2- Not commit waste 3- No duty to insure property

What does the present interest holder have a duty to do

Adequate provocation

What reduces common law murder to manslaughter?

No state, they are a citizen of whatever state the action is brought in Diversity does not exist unless they intend to become a foreign citizen (because it is then like they are a citizen of that country)

What state is citizen abroad a citizen of for diversity purposes

Only when mistrial declared for "manifest necessity"

When a mistrial is declared over Defendant's objection; when can it be retried?

When the goods are identified (unless contract states otherwise)

When does a buyer acquire insurable interest in goods?

Yes, minus 1- contractually liquidated damages or 2- 20% penalty or $500 whichever is smaller EXCEPTION high-volume seller; the amount of lost profits and the statutory damages must be taken into account when calculating the amount the retailer is entitled to recover in restitution

When seller recoups full price of good in mitigation, is buyer is entitled refund of down payments under UCC

After-acquired title doctrine; title vests in transferee

When someone gets title to land they already transferred/sold to someone else who bought in good faith