Bar Exam
Ways to satisfy UCC Statute of Frauds - ANS 1. Signed writing;
2. Merchant's confirmation;
3. Judicial admission;
4. Partial performance; OR
5. Specially manufactured goods
Statute of Frauds MY LEGS - ANS 1. Marriage contracts
2. Year - Contracts that can't be performed within one year of their making
3. Land contracts
4. Executory contracts
5. Guarantee/surety contracts
6. Sale of goods contracts ≥ $500 (UCC)
Elements of commercial appropriation - ANS (1) Unauthorized use of P's name, voice, or
likeness;
(2) For D's commercial advantage
Statements contained in treatises may be admitted into evidence during direct or
cross-examination of an expert witness if: - ANS (1) The treatise is established as a reliable
authority; and
(2) The treatise is called to the attention of the expert witness during cross-examination or is
relied upon by the expert in direct testimony.
How to determine location of an express easement: - ANS By the terms of the grant of
easement, but if the words of creation are not sufficient to establish an exact location, the courts
will permit the parties to establish a location by use and acquiescence.
An activity is abnormally dangerous when: - ANS (1) there is a high risk of serious harm to
others;
(2) the defendant cannot engage in the activity without risk, and cannot eliminate the risk with
care; and
(3) it is not a commonly undertaken activity in the community.
Severance occurs in a tenancy by the entirety when: - ANS (1) The co-tenants jointly convey to
another;
(2) One co-tenant conveys to the other; or
(3) The co-tenants divorce
, Elements/definition of res ipsa loquitur - ANS Law infers that defendant was negligent and that
such negligence caused the plaintiff's injuries if:
(1) That the event which caused his injury would not ordinarily occur in the absence of
someone's negligence;
(2) That it is more likely than not that the defendant's negligence was responsible for the
injury-causing event;
(3) That the plaintiff was not responsible for the injury-causing event
Elements of intentional torts - ANS (1) Voluntary act;
(2) Intent;
(3) Causation; and
(4) Harm
Elements of battery - ANS (1) Intent
(2) Harmful or offensive contact
(3) To the person or something physically closely connected
Elements of tortious assault - ANS (1) Intent
(2) Reasonable apprehension
(3) Imminent battery
Elements of false imprisonment - ANS (1) Intent
(2) Confinement in bounded area
(3) Against P's will
(4) P is aware of confinement or injured thereby
Elements of intentional infliction of emotional distress - ANS (1) Intentional or reckless;
(2) Extreme and outrageous conduct;
(3) Severe emotional distress
Elements of trespass to land - ANS (1) Intent;
(2) Entry;
(3) Onto P's land
Elements of trespass to chattels - ANS (1) Intent;
(2) Interference;
(3) Plaintiff's chattel;
(4) Actual damages
Elements of tortious conversion - ANS (1) Intent;
(2) Dominion and control;
(3) Destruction or serious and substantial interference
Defenses and privileges to intentional torts (mnemonic) - ANS Privilege
Ways to satisfy UCC Statute of Frauds - ANS 1. Signed writing;
2. Merchant's confirmation;
3. Judicial admission;
4. Partial performance; OR
5. Specially manufactured goods
Statute of Frauds MY LEGS - ANS 1. Marriage contracts
2. Year - Contracts that can't be performed within one year of their making
3. Land contracts
4. Executory contracts
5. Guarantee/surety contracts
6. Sale of goods contracts ≥ $500 (UCC)
Elements of commercial appropriation - ANS (1) Unauthorized use of P's name, voice, or
likeness;
(2) For D's commercial advantage
Statements contained in treatises may be admitted into evidence during direct or
cross-examination of an expert witness if: - ANS (1) The treatise is established as a reliable
authority; and
(2) The treatise is called to the attention of the expert witness during cross-examination or is
relied upon by the expert in direct testimony.
How to determine location of an express easement: - ANS By the terms of the grant of
easement, but if the words of creation are not sufficient to establish an exact location, the courts
will permit the parties to establish a location by use and acquiescence.
An activity is abnormally dangerous when: - ANS (1) there is a high risk of serious harm to
others;
(2) the defendant cannot engage in the activity without risk, and cannot eliminate the risk with
care; and
(3) it is not a commonly undertaken activity in the community.
Severance occurs in a tenancy by the entirety when: - ANS (1) The co-tenants jointly convey to
another;
(2) One co-tenant conveys to the other; or
(3) The co-tenants divorce
, Elements/definition of res ipsa loquitur - ANS Law infers that defendant was negligent and that
such negligence caused the plaintiff's injuries if:
(1) That the event which caused his injury would not ordinarily occur in the absence of
someone's negligence;
(2) That it is more likely than not that the defendant's negligence was responsible for the
injury-causing event;
(3) That the plaintiff was not responsible for the injury-causing event
Elements of intentional torts - ANS (1) Voluntary act;
(2) Intent;
(3) Causation; and
(4) Harm
Elements of battery - ANS (1) Intent
(2) Harmful or offensive contact
(3) To the person or something physically closely connected
Elements of tortious assault - ANS (1) Intent
(2) Reasonable apprehension
(3) Imminent battery
Elements of false imprisonment - ANS (1) Intent
(2) Confinement in bounded area
(3) Against P's will
(4) P is aware of confinement or injured thereby
Elements of intentional infliction of emotional distress - ANS (1) Intentional or reckless;
(2) Extreme and outrageous conduct;
(3) Severe emotional distress
Elements of trespass to land - ANS (1) Intent;
(2) Entry;
(3) Onto P's land
Elements of trespass to chattels - ANS (1) Intent;
(2) Interference;
(3) Plaintiff's chattel;
(4) Actual damages
Elements of tortious conversion - ANS (1) Intent;
(2) Dominion and control;
(3) Destruction or serious and substantial interference
Defenses and privileges to intentional torts (mnemonic) - ANS Privilege
