UBE BAR EXAM
To the buyer once the item is given to a common carrier
Correct answer: F.O.B. (buyer's location) transfers risk when
Yes
Correct answer: Does Congress have the power to provide uniform rules for bankruptcy
1. At least 100 members
2. Primary Defendants are not states, state oicials, 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 dierent states)
Correct answer: Class Action Fairness Act Requirements
Free and clear of an unreasonable risk of litigation at the time of closing
Correct answer: Marketable title must be
When the goods are identied (unless contract states otherwise)
Correct answer: When does a buyer acquire insurable interest in goods?
unlawful killing of another
with malice aforethought
Correct answer: Common-law murder
Burglary
,Arson
Robbery
Rape
Kidnapping
Correct answer: Crimes capable of Felony-Murder at common Law
ONE of the following
-Intent to kill
-intent to do serious bodily injury
-Reckless indierence for human life (depraved heart)
-Intent to commit a felony
Correct answer: Malice aforethought
Murder in response to adequate provocation ("heat of passion")
Could iname passion of a reasonable person to the extent they cat out of passion rather
than reason
Correct answer: Voluntary manslaughter
Intentional Homicide committed with criminal negligence (recklessness under MPC) or
during unlawful act
Something less than depraved-heart murder
Correct answer: Involuntary manslaughter
Trespassory
Taking and
,Carrying away
of the personal property of another
With the intent (specic)
to permanently deprive person of property
Does not include services
Correct answer: Larceny
Larceny + force or threat of force
Correct answer: Robbery
Owner of property entrusts property with another
The other then converts the property
Correct answer: Embezzlement
Larceny
Accomplished by fraud or deceit
That results in conversion of property of another
Correct answer: Larceny by trick
Making
Of a false writing
With apparent legal signicance &
Intent to defraud
Correct answer: Forgery
, 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
Correct answer: False Pretenses
Determining
Ambiguous terms
Condition precedent
Correct answer: Prior extrinsic evidence allowed in Parol Evidence Rule
For "sum certain" - no notice
For all others - 7 days
Correct answer: Default Judgment Notice Requirements
1- Representation by defendant's attorney must fall below objective standard of
reasonableness
AND
2- Attorney's decient performance prejudiced defendant
Correct answer: Ineective Assistance of Counsel
- Within 14 days of certication
- Whether to hear appeal is at court's discretion
To the buyer once the item is given to a common carrier
Correct answer: F.O.B. (buyer's location) transfers risk when
Yes
Correct answer: Does Congress have the power to provide uniform rules for bankruptcy
1. At least 100 members
2. Primary Defendants are not states, state oicials, 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 dierent states)
Correct answer: Class Action Fairness Act Requirements
Free and clear of an unreasonable risk of litigation at the time of closing
Correct answer: Marketable title must be
When the goods are identied (unless contract states otherwise)
Correct answer: When does a buyer acquire insurable interest in goods?
unlawful killing of another
with malice aforethought
Correct answer: Common-law murder
Burglary
,Arson
Robbery
Rape
Kidnapping
Correct answer: Crimes capable of Felony-Murder at common Law
ONE of the following
-Intent to kill
-intent to do serious bodily injury
-Reckless indierence for human life (depraved heart)
-Intent to commit a felony
Correct answer: Malice aforethought
Murder in response to adequate provocation ("heat of passion")
Could iname passion of a reasonable person to the extent they cat out of passion rather
than reason
Correct answer: Voluntary manslaughter
Intentional Homicide committed with criminal negligence (recklessness under MPC) or
during unlawful act
Something less than depraved-heart murder
Correct answer: Involuntary manslaughter
Trespassory
Taking and
,Carrying away
of the personal property of another
With the intent (specic)
to permanently deprive person of property
Does not include services
Correct answer: Larceny
Larceny + force or threat of force
Correct answer: Robbery
Owner of property entrusts property with another
The other then converts the property
Correct answer: Embezzlement
Larceny
Accomplished by fraud or deceit
That results in conversion of property of another
Correct answer: Larceny by trick
Making
Of a false writing
With apparent legal signicance &
Intent to defraud
Correct answer: Forgery
, 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
Correct answer: False Pretenses
Determining
Ambiguous terms
Condition precedent
Correct answer: Prior extrinsic evidence allowed in Parol Evidence Rule
For "sum certain" - no notice
For all others - 7 days
Correct answer: Default Judgment Notice Requirements
1- Representation by defendant's attorney must fall below objective standard of
reasonableness
AND
2- Attorney's decient performance prejudiced defendant
Correct answer: Ineective Assistance of Counsel
- Within 14 days of certication
- Whether to hear appeal is at court's discretion
