MBE Flashcards questions and correct answers

intentional infliction of emotional distress ( business conduct) - correct answers to 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 answers article 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 answers In every act, a person owes a duty of reasonable care to avoid the harm which could foreseeably result from his negligence. Negligence (NIED) - correct answers the 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 answers if 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 answers a conviction for robbery requires the specific intent to deprive the victim of his property. ownership - correct answers when 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.