UBE Bar Study Guide with Complete
Solutions
Relevancy - ANS-tends to make the existence of any fact of consequence more or less
probable than it would be without the evidence
Hearsay - ANS-A statement, other than one made by the declarant while testifying at
the current trial or hearing, offered to prove the truth of the matter asserted
Double hearsay - ANS-a hearsay statement that contains another hearsay statement
itself
Medical treatment hearsay exception - ANS-To med personnel, assist in
diagnosis/treatment
Title Theory Jurisdiction - ANS-a mortgage transfers title to a property to the mortgagee,
who holds it until the mortgage has been paid off, at which time title passes to the
mortgagor
Notice - ANS-
Adverse possession - ANS-(1) Continuous;(2) Hostile;(3) Open and notorious;
(4) Actual;(5) Exclusive
Subject matter jurisdiction - ANS-court has power to hear the specific kind of claim that
is brought to that court
Diversity jurisdiction - ANS-Fed Ct claim where: 1)claim exceeds $75,000 AND
2) parties are citizens of different states
Supplemental jurisdiction - ANS-Lawsuit consists of more than one claim, and the
federal court has valid jurisdiction (either diversity jurisdiction or federal question
jurisdiction) over at least one of the claims. If the federal claim and the other claims
arise out of a "common nucleus of operative fact," then the court may exercise
supplemental jurisdiction to hear the other claims as well
Process for fundamental corporate change - ANS-
Compulsory joinder - ANS-A party asserting a claim, counterclaim, crossclaim, or third-
party claim may join, as independent or alternative claims, as many claims as it has
against an opposing party
, Agency - ANS-Valid Agcy: 1)Capacty (P-full, A-minml); 2)Consnt of both; 3)Wrtg (if
reqd) Gen no wrtg reqd EXCPT if K w/in SoF (e.g. land trnsactn)
Principal-Agent relationship requires:
1) assent, 2) benefit, 3) control
Principal-Agent relationship factors:
1) conduct "of kind" hired to perform; 2) occurred on job; 3) A intend to benefit P
Intentional torts generally outside scope unless:
1) conduct authzd by P, or 2) nature of employment, or 3) Motivated to serve P
P liab for Ks entered by A:
P authzd (Actual Express, Actual Implied, Apparent, Ratfctn): AE-words; AI-thru
conduct; A-"cloaked w/auth, & A rsnbly relies on apprc of auth; R-Auth grntd aftr K (as
is) if P knwlg of K facts/benefits
**P liab on authzd Ks, A liab IF undisclosed P**
Agent duties: 1) care, obey rsnbl instrctns, loyalty (NEVER! Self-dealng, usurp P oppty,
or secret profits)
Independent contractor:no control/no vicarious liability for tort UNLESS: IC tort while
inherently dangerous activity
Partnership - ANS-Assn of 2+ carryg on as co-ownrs of busnss for profit; no formalities;
Contributn of $ or servs in return for SHARE OF PROFITS (creats presumptn of GP)
Liab: Ptrs carryg on ptsp busnss=GP liab for EA ptr's torts in scope of ptsp bsnss & for
EA ptr's authzd Ks;
Also, EA GP is persnlly liab for ALL debts of the ptsp & for EA co-ptr's torts (Incomg ptr
NOT liab for prior debts, but any $ pd in by Incmg ptr can be usd by ptsp to satsfy prior
debt)
Disassoctg ptrs retain liab on futr debts until notice of disasstn given to creditors or until
90 days aftr filing disassntn w/the state
Liab by Estoppel-1 who represnts to a 3rd party that GP exists will be liab as if GP
exists (a lendg arrngmt not bsd on sharg profit=NO GP, unless ptr/lendr reprsnts as GP)
GP duty of loyalty=NEVER! Self-dealng, usurp P oppty, or secret profits. In Actn for
Acctg: Ptsp may 1)recvr losses causd by brch & 2)may disgorge profits made by brchg
prtnr
Revocation - ANS-1) mutual cancellation of a contract by the parties to it. 2) withdrawing
an offer before acceptance ("I revoke my offer") may only be done by Offeror
Ademption - ANS-revoking a gift mentioned in a will by destruction, or selling or giving
away the gift before death
Elements of a trust
Creator=Settlor
Agent=Trustee (w/specfc intent to impose duty) - ANS-Express or Implied (behind evry
failed Expss T is Impld T)
Creator (Settlor) delvrs (no self-decltn) legal title of T assets (Res=subj mtr of T) to Tee
for benft of benfcrs w/intnt to create T for valid purps (cant contravene pub policy)
Solutions
Relevancy - ANS-tends to make the existence of any fact of consequence more or less
probable than it would be without the evidence
Hearsay - ANS-A statement, other than one made by the declarant while testifying at
the current trial or hearing, offered to prove the truth of the matter asserted
Double hearsay - ANS-a hearsay statement that contains another hearsay statement
itself
Medical treatment hearsay exception - ANS-To med personnel, assist in
diagnosis/treatment
Title Theory Jurisdiction - ANS-a mortgage transfers title to a property to the mortgagee,
who holds it until the mortgage has been paid off, at which time title passes to the
mortgagor
Notice - ANS-
Adverse possession - ANS-(1) Continuous;(2) Hostile;(3) Open and notorious;
(4) Actual;(5) Exclusive
Subject matter jurisdiction - ANS-court has power to hear the specific kind of claim that
is brought to that court
Diversity jurisdiction - ANS-Fed Ct claim where: 1)claim exceeds $75,000 AND
2) parties are citizens of different states
Supplemental jurisdiction - ANS-Lawsuit consists of more than one claim, and the
federal court has valid jurisdiction (either diversity jurisdiction or federal question
jurisdiction) over at least one of the claims. If the federal claim and the other claims
arise out of a "common nucleus of operative fact," then the court may exercise
supplemental jurisdiction to hear the other claims as well
Process for fundamental corporate change - ANS-
Compulsory joinder - ANS-A party asserting a claim, counterclaim, crossclaim, or third-
party claim may join, as independent or alternative claims, as many claims as it has
against an opposing party
, Agency - ANS-Valid Agcy: 1)Capacty (P-full, A-minml); 2)Consnt of both; 3)Wrtg (if
reqd) Gen no wrtg reqd EXCPT if K w/in SoF (e.g. land trnsactn)
Principal-Agent relationship requires:
1) assent, 2) benefit, 3) control
Principal-Agent relationship factors:
1) conduct "of kind" hired to perform; 2) occurred on job; 3) A intend to benefit P
Intentional torts generally outside scope unless:
1) conduct authzd by P, or 2) nature of employment, or 3) Motivated to serve P
P liab for Ks entered by A:
P authzd (Actual Express, Actual Implied, Apparent, Ratfctn): AE-words; AI-thru
conduct; A-"cloaked w/auth, & A rsnbly relies on apprc of auth; R-Auth grntd aftr K (as
is) if P knwlg of K facts/benefits
**P liab on authzd Ks, A liab IF undisclosed P**
Agent duties: 1) care, obey rsnbl instrctns, loyalty (NEVER! Self-dealng, usurp P oppty,
or secret profits)
Independent contractor:no control/no vicarious liability for tort UNLESS: IC tort while
inherently dangerous activity
Partnership - ANS-Assn of 2+ carryg on as co-ownrs of busnss for profit; no formalities;
Contributn of $ or servs in return for SHARE OF PROFITS (creats presumptn of GP)
Liab: Ptrs carryg on ptsp busnss=GP liab for EA ptr's torts in scope of ptsp bsnss & for
EA ptr's authzd Ks;
Also, EA GP is persnlly liab for ALL debts of the ptsp & for EA co-ptr's torts (Incomg ptr
NOT liab for prior debts, but any $ pd in by Incmg ptr can be usd by ptsp to satsfy prior
debt)
Disassoctg ptrs retain liab on futr debts until notice of disasstn given to creditors or until
90 days aftr filing disassntn w/the state
Liab by Estoppel-1 who represnts to a 3rd party that GP exists will be liab as if GP
exists (a lendg arrngmt not bsd on sharg profit=NO GP, unless ptr/lendr reprsnts as GP)
GP duty of loyalty=NEVER! Self-dealng, usurp P oppty, or secret profits. In Actn for
Acctg: Ptsp may 1)recvr losses causd by brch & 2)may disgorge profits made by brchg
prtnr
Revocation - ANS-1) mutual cancellation of a contract by the parties to it. 2) withdrawing
an offer before acceptance ("I revoke my offer") may only be done by Offeror
Ademption - ANS-revoking a gift mentioned in a will by destruction, or selling or giving
away the gift before death
Elements of a trust
Creator=Settlor
Agent=Trustee (w/specfc intent to impose duty) - ANS-Express or Implied (behind evry
failed Expss T is Impld T)
Creator (Settlor) delvrs (no self-decltn) legal title of T assets (Res=subj mtr of T) to Tee
for benft of benfcrs w/intnt to create T for valid purps (cant contravene pub policy)
