APEX TEST PAPER QUESTIONS AND SOLUTIONS GRADED A A+
⫸Affirmative Easements Answer: Most easements are like this, giving the holder the right to
make affirmative use of another's property (e.g., the right to cross another's land to access a
highway).
⫸Negative Easements Answer: An easement that prevents the owner from using land in
particular ways in order to benefit the land of the holder of the easement. To be valid, this
easement must be expressly created by a writing signed by the grantor, and it is typically
recognized only in relation to restricting use of light, air, support, or stream water from an
artificial flow.
⫸Express Easements Answer: An easement that arises when it is affirmatively created by the
parties in a writing that satisfies the requirements for a deed.
⫸Easement by Necessity Answer: An easement that is created only when property is virtually
useless (e.g., landlocked) without the benefit of an easement across neighboring property. Also,
both the dominant and servient estates must have been under common ownership in the past.
And, the necessity must have arisen at the time that the property was severed, and the two
estates were created.
⫸Easement by Implication Answer: An easement that arises when (1) one parcel was used to
benefit another before they were divided (a "quasi-easement"), (2) the use was continuous,
apparent, and reasonably necessary, and (3) the parties likely intended the use to continue. It
can also arise from a recorded subdivision plat showing streets or access ways to lots.
⫸Easements by Prescription Answer: An easement that requires that the use is continuous,
actual, open, and hostile for a specific period (e.g., 10 (many states), 15, or 20 years). Regarding
the hostile requirement, the majority of jurisdictions rebuttably presume that a use that meets
the other requirement is non-permissive.
⫸What is claim preclusion (res judicata)? Answer: It bars re-litigation of the same claim
between the same parties if there was a final judgment on the merits.
, ⫸What is issue preclusion (collateral estoppel)? Answer: It prevents re-litigation of an issue
actually litigated and necessarily decided in a prior case between the same parties (or those in
privity).
⫸What are the main standards of review on appeal? Answer: (1) De novo: For questions of law
(no deference to trial court).
(2) Clearly erroneous: For findings of fact (bench trials).
(3) Abuse of discretion: For discretionary rulings (e.g., evidentiary decisions).
⫸How many jurors are required in federal civil trials? Answer: At least 6 and no more than 12;
verdict must be unanimous unless otherwise stipulated.
⫸What is joinder of claims and parties under Rule 18 and Rule 20? Answer: Rule 18: A party
may join any claims against an opposing party.
Rule 20: Permissive joinder of parties if claims arise from the same transaction or occurrence
and share a common question of law or fact.
⫸What is required for a class action under Rule 23? Answer: Numerosity
Commonality
Typicality
Adequate representation
Plus one of: risk of inconsistent judgments, injunctive relief, or common issues predominate
over individual ones (Rule 23(b)).
⫸When can attorneys waive a defendant's right to a speedy trial? Answer: Only with the
defendant's consent; waiver must be knowing and voluntary.
⫸What discovery tools allow you to compel another party to respond? Answer: Subpoena: To
compel non-parties.
Request for Admission: Forces party to admit or deny facts.
Interrogatories, document requests, depositions also common.
⫸ Burglary Answer: The breaking and entering of the dwelling of another at nighttime with the
intent to commit a felony therein.
⫸Affirmative Easements Answer: Most easements are like this, giving the holder the right to
make affirmative use of another's property (e.g., the right to cross another's land to access a
highway).
⫸Negative Easements Answer: An easement that prevents the owner from using land in
particular ways in order to benefit the land of the holder of the easement. To be valid, this
easement must be expressly created by a writing signed by the grantor, and it is typically
recognized only in relation to restricting use of light, air, support, or stream water from an
artificial flow.
⫸Express Easements Answer: An easement that arises when it is affirmatively created by the
parties in a writing that satisfies the requirements for a deed.
⫸Easement by Necessity Answer: An easement that is created only when property is virtually
useless (e.g., landlocked) without the benefit of an easement across neighboring property. Also,
both the dominant and servient estates must have been under common ownership in the past.
And, the necessity must have arisen at the time that the property was severed, and the two
estates were created.
⫸Easement by Implication Answer: An easement that arises when (1) one parcel was used to
benefit another before they were divided (a "quasi-easement"), (2) the use was continuous,
apparent, and reasonably necessary, and (3) the parties likely intended the use to continue. It
can also arise from a recorded subdivision plat showing streets or access ways to lots.
⫸Easements by Prescription Answer: An easement that requires that the use is continuous,
actual, open, and hostile for a specific period (e.g., 10 (many states), 15, or 20 years). Regarding
the hostile requirement, the majority of jurisdictions rebuttably presume that a use that meets
the other requirement is non-permissive.
⫸What is claim preclusion (res judicata)? Answer: It bars re-litigation of the same claim
between the same parties if there was a final judgment on the merits.
, ⫸What is issue preclusion (collateral estoppel)? Answer: It prevents re-litigation of an issue
actually litigated and necessarily decided in a prior case between the same parties (or those in
privity).
⫸What are the main standards of review on appeal? Answer: (1) De novo: For questions of law
(no deference to trial court).
(2) Clearly erroneous: For findings of fact (bench trials).
(3) Abuse of discretion: For discretionary rulings (e.g., evidentiary decisions).
⫸How many jurors are required in federal civil trials? Answer: At least 6 and no more than 12;
verdict must be unanimous unless otherwise stipulated.
⫸What is joinder of claims and parties under Rule 18 and Rule 20? Answer: Rule 18: A party
may join any claims against an opposing party.
Rule 20: Permissive joinder of parties if claims arise from the same transaction or occurrence
and share a common question of law or fact.
⫸What is required for a class action under Rule 23? Answer: Numerosity
Commonality
Typicality
Adequate representation
Plus one of: risk of inconsistent judgments, injunctive relief, or common issues predominate
over individual ones (Rule 23(b)).
⫸When can attorneys waive a defendant's right to a speedy trial? Answer: Only with the
defendant's consent; waiver must be knowing and voluntary.
⫸What discovery tools allow you to compel another party to respond? Answer: Subpoena: To
compel non-parties.
Request for Admission: Forces party to admit or deny facts.
Interrogatories, document requests, depositions also common.
⫸ Burglary Answer: The breaking and entering of the dwelling of another at nighttime with the
intent to commit a felony therein.
