MBE Review In-class activity

MBE Review In-class activity Defamation - Requires publication to a third person Intentional Infliction of Emotional Distress - Does not require physical harm Contract Formation - If buyer reserves the right to cancel no contract has formed Illusory (Contracts) - A promise that is so indefinite that the promisor has not actually promised to do anything (or refrain from doing something). UCC Breach Remedy - When a party breaches under the sale of good contract, give the non-breaching seller the lost profits if any. CL Contracts Breach Remedy - When a party breaches a contract, you'll generally give the non-breaching party damages in an amount that puts him in as good a position as he would have been in but for the breach. Lie Detector - Evidence concerning lie detector tests is considered very prejudicial and would outweigh the probative value. Robbery - Larceny + Assault; (cl) taking and carrying away of the personal property of another from the person or presence by force or threat with the specific intent to permanently deprive. Charge v. Conviction of & charges - While a person can be charged with greater and lessor included offenses, s/he cannot be convicted of or sentenced for greater and lessor included offenses. Emotional Distress - extreme/outrageous conduct of defendant with intenet to cause emotional distress Convictions - Generally, over 10 years are excluded Automobile Exception - Validates a warrantless search of a car if they probable cause to believe that the car contains contraband. They can search any parts of the car capable of holding the contraband they suspect is in the car, including the trunk and any locked container. Search Incident to a Lawful Arrest - Police can search the interior of the car, but not the trunk Promissory Estoppel - is a doctrine used to enforce a promise upon which a party has relied when there is no actual contract. Substitute for consideration and exception to the statute of frauds. Assignor Liability - When a contract is assigned, the assignor remains liable on the contract unless the other party to the contract releases it. Vicarious Admission - where there is a principal/agent relationship and the statement was made in the course of the relationship and related to the subject matter of the agency, the principal vicariously adopts the statement. Intentional Tort - Person committing an intentional tort is liable for all resulting injuries Prosecutor's Character Evidence - Character evidence may not be used in the state's case in chief to prove action in conformity therewith. Specific Performances v. Money Damages - General rule is that if a party is obligated to pay money under a contract, money damages (the remedy at law) is an adequate remedy, and specific performances is NOT available. However, if the contract length is impossible to determine how much money is to give as a remedy for breach than specific performance is available. Grand Jury Evidence - Evidence obtained in violation of a defendant's rights is NOT excluded from Grand Juries. Parent Liability - Parents are only liable for the actions of their children if the parents themselves were negligent in supervising the child; parents are NOT vicariously liable for the torts of their children. Receiving Stolen Property - receiving possession and control of stolen property known to have been obtained as part of a crime by another person with the intent to permanently deprive the owner of his interest. Best Evidence Rule - requires that to prove the contents of a document, one must produce the original, unless production of the original is excused. The original is excused and secondary evidence about the document (testimony about what it says) is permitted, if the document is unavailable for virtually any reason, other than when the offering party doesn't produce it to gain an unfair advantage. Voluntary Confession - If the defendant's confession is voluntary (no police coercion) after he has received Miranda warnings then it is admissible as a voluntary confession. Mistake of Law - rarely a defense to any crime Suretyship - is one of those promises that must be in writing to satisfy the statute. Main Purpose Rule - Exception to the SOF when the guarantor makes the promise for the primary benefits of himself. If the promise primary benefits the guarantor it need not be in writing Physician-Patient Privilege - Does not hold when the person claiming the privilege has put his medical condition into issue. Impeach - Cannot impeach someone who has not testified except a hearsay declarant. Hearsay Declarant - is the person making the out of court statement, regardless of who is testifying about it in Court Character Evidence - General Rule, provides that if character evidence is admissible, it is freely admitted by reputation or opinion, but if the character evidence is of a specific instance of conduct, it can be offered only by questions on cross-examination. 6 Exceptions to offering character evidence in the form of specific conduct on direct are 1) defamation, 2) negligent entrustment/supervision/hiring, 3) rebutting an entrapment defense, 4) immigration, 5) child custody, & 6) chastity (not tried anywhere anymore) Murder - killing of another without excuse, justification, or mitigation. Parol Evidence - rule bars the admission of evidence about prior or contemporaneous agreements that contradict the terms of the writing. Congress and Courts - Congress cannot expand the S. Ct.'s original jurisdiction. Congress can expand or contract the jurisdiction of lower federal courts. 6th Amendment - Gives defendants a right to a jury trial Attempt - is always a specific intent crime even where the crime is a general intent or strict liability crime. Destruction & Contracts - Destruction of the subject matter of the contract will discharge the contractual duties of both parties. If one did some work relying on the other to pay he can recover in quasi-contract for the amount of work actually done in reliance on that promise. Record - Those who fail to lookup the past are doomed; where the note and mortgage are both duly recorded prior to transfer it places the transferee on constructive notice. Tax Power - Congress's power to tax is very broad. Reformation - A contract that contains mistakes - that says something different from what both parties agreed upon and intended is properly subject to reformation. Alienage - when state legislation affects aliens as a class, strict scrutiny will be applied because alienage is considered a suspect class.