Does Congress have the power to provide uniform rules for bankruptcy - ANSWER Yes
F.O.B. (buyer's location) transfers risk when - ANSWER To the buyer once the item is given
to a common carrier
Class Action Fairness Act Requirements - ANSWER 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)
Marketable title must be - ANSWER Free and clear of an unreasonable risk of litigation at
the time of closing
When does a buyer acquire insurable interest in goods? - ANSWER When the goods are
identified (unless contract states otherwise)
Common-law murder - ANSWER unlawful killing of another
with malice aforethought
Crimes capable of Felony-Murder at common Law - ANSWER Burglary
Arson
Robbery
Rape
1
,Kidnapping
Malice aforethought - ANSWER 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
Voluntary manslaughter - ANSWER 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
Involuntary manslaughter - ANSWER Intentional Homicide committed with criminal negli-
gence (recklessness under MPC) or during unlawful act
Something less than depraved-heart murder
Larceny - ANSWER 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
2
,Robbery - ANSWER Larceny + force or threat of force
Larceny by trick - ANSWER Larceny
Accomplished by fraud or deceit
That results in conversion of property of another
Embezzlement - ANSWER Owner of property entrusts property with another
The other then converts the property
Forgery - ANSWER Making
Of a false writing
With apparent legal significance &
Intent to defraud
False Pretenses - ANSWER 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
Prior extrinsic evidence allowed in Parol Evidence Rule - ANSWER Determining
Ambiguous terms
Condition precedent
Default Judgment Notice Requirements - ANSWER For "sum certain" - no notice
For all others - 7 days
3
, Ineffective Assistance of Counsel - ANSWER 1- Representation by defendant's attorney
must fall below objective standard of reasonableness
AND
2- Attorney's deficient performance prejudiced defendant
How do you appeal Class Action Certification - ANSWER - Within 14 days of certification
- Whether to hear appeal is at court's discretion
- Final judgment rule does not apply
Federal Statutory Interpleader Jurisdiction - ANSWER - $500 in controversy
- Any 2 defendant diverse from Plaintiff
Is a cross-claim mandatory - ANSWER NO
Last time to demand jury trial - ANSWER 14 days after the last pleading
Default Negligence Standard for MBE - ANSWER Pure comparative negligence
&
Joint and several liability
Common Law Conspiracy - ANSWER 1- Agreement between 2 or more persons
4
F.O.B. (buyer's location) transfers risk when - ANSWER To the buyer once the item is given
to a common carrier
Class Action Fairness Act Requirements - ANSWER 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)
Marketable title must be - ANSWER Free and clear of an unreasonable risk of litigation at
the time of closing
When does a buyer acquire insurable interest in goods? - ANSWER When the goods are
identified (unless contract states otherwise)
Common-law murder - ANSWER unlawful killing of another
with malice aforethought
Crimes capable of Felony-Murder at common Law - ANSWER Burglary
Arson
Robbery
Rape
1
,Kidnapping
Malice aforethought - ANSWER 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
Voluntary manslaughter - ANSWER 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
Involuntary manslaughter - ANSWER Intentional Homicide committed with criminal negli-
gence (recklessness under MPC) or during unlawful act
Something less than depraved-heart murder
Larceny - ANSWER 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
2
,Robbery - ANSWER Larceny + force or threat of force
Larceny by trick - ANSWER Larceny
Accomplished by fraud or deceit
That results in conversion of property of another
Embezzlement - ANSWER Owner of property entrusts property with another
The other then converts the property
Forgery - ANSWER Making
Of a false writing
With apparent legal significance &
Intent to defraud
False Pretenses - ANSWER 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
Prior extrinsic evidence allowed in Parol Evidence Rule - ANSWER Determining
Ambiguous terms
Condition precedent
Default Judgment Notice Requirements - ANSWER For "sum certain" - no notice
For all others - 7 days
3
, Ineffective Assistance of Counsel - ANSWER 1- Representation by defendant's attorney
must fall below objective standard of reasonableness
AND
2- Attorney's deficient performance prejudiced defendant
How do you appeal Class Action Certification - ANSWER - Within 14 days of certification
- Whether to hear appeal is at court's discretion
- Final judgment rule does not apply
Federal Statutory Interpleader Jurisdiction - ANSWER - $500 in controversy
- Any 2 defendant diverse from Plaintiff
Is a cross-claim mandatory - ANSWER NO
Last time to demand jury trial - ANSWER 14 days after the last pleading
Default Negligence Standard for MBE - ANSWER Pure comparative negligence
&
Joint and several liability
Common Law Conspiracy - ANSWER 1- Agreement between 2 or more persons
4
