BarBri

A "wind farm" was constructed on the open land next to a gas station where a mechanic is employed. The huge windmills generated electrical power and oscillated at low speeds, resulting in very low-frequency but high-amplitude sound waves that caused extreme discomfort in a substantial minority of people. The mechanic is one of the people adversely affected by such sound waves; the vibrations from the windmills give him severe headaches and upset his immune system. If the mechan...

A landlord brought suit against a tenant in federal court for overdue rent payments on a commercial lease. The landlord sought to recover on the six rent installments that were past due and unpaid at the time of the suit. The landlord won the case, and judgment was entered in her favor. The lease has an acceleration clause that states that all future rent payments become due if the tenant falls behind three months or more. The landlord now files suit against the tenant for the remain...

What kind of damages for the breach of the promise to marry? Ans: Tort (not recognized in most JX) Gifts made in contemplation of marriage. The wedding ring scenario. When can you recover a gift? What question should you ask? Ans: Gifts that are made CONDITIONAL on the subsequent marriage (like engagement rings). Ask "Was the gift really conditional on the marriage?" What do Premarital Agreements address? Ans: The rights of the parties in the event of death or divorce 2 ...

A fee simple owner of a restaurant provided in his will that the property should go on his death "in fee simple to my friend, but if during my friend's lifetime my son has children and those children are alive when my friend dies, then to said living children." When the owner died, the friend took over the restaurant. If the son has children and one or more of them are alive when the friend dies, who will take title to the restaurant at that time? A The friend's heirs, be...

Regulation of the Legal Profession: American Bar Association Ans: No disciplinary authority Membership is Voluntary Regulation of the Legal Profession: "Must" Rules Ans: ABA Model Rules of Professional Conduct (1983) Mandatory Rules Violations are subject to Discipline Displine for Violation of "Must" Rules Ans: 1. Reproval 2. Suspension 3. Disbarment Reproval Ans: Censure or reprimand Mild Discipline Public or Private censure/reprimand Suspension ...

What must one show to statisfy the "case or controversy" requirement? Ans: 1. Standing 2. Ripeness 3. Mootness 4. Political Question Doctrine What must be satisfied to establish "Standing"? Ans: A. Injury: has been personally injured or injury is imminent B. Causation & Remedy: Defendant caused the injury C. No 3rd Party Standing (but EXCEPTIONS) D. No Generalized Grievances (i.e. as a citizen or a taxpayer) (but EXCEPTIONS) What are the exceptions to "No 3rd...

The Funnel Ans: Course Area Rule Exception C.A.R.E. Corporation Central agrees to sell Merchant Tile Company 10,000 tiles, to be delivered on July 1. Corporation Central does not deliver and Merchant Tile sues in court. Merchant Tile calls Eddie Expert to the stand and Eddie is asked on cross examination, "Isn't it true, Mr. Expert, that you lied on your driver's license examination 11 years ago?" This question is: (A) Permissible if offered as propensity ch...

Under Article 3 of the UCC, as adopted by Virginia, what is the statute of limitations for actions on notes payable at a definite time or on demand? Ans: 6 years Under Article 3 of the UCC, as adopted by Virginia, an instrument, to be negotiable, must be payable to ___ or to ___. Ans: Order, Bearer There are basically two kinds of negotiable instruments to which Article 3 of the UCC, as adopted by Virginia, applies: ___ and ___ Ans: Notes, Drafts 2 | P a g e True or False: Unde...

A fee simple owner of a restaurant provided in his will that the property should go on his death "in fee simple to my friend, but if during my friend's lifetime my son has children and those children are alive when my friend dies, then to said living children." When the owner died, the friend took over the restaurant. If the son has children and one or more of them are alive when the friend dies, who will take title to the restaurant at that time? A The friend's heirs, be...

Criminal Law Checklist Ans- I. Principles of Criminal Law II. Accomplice Liability III. Inchoate Offenses IV. Common Law Crimes V. Defenses Principles of Criminal Law Ans- Actus Reus Mens Rea Concurrence Causation Accomplice Liability Ans- The accomplice must have acted with intent to aid or encourage the principal. More than One Party Parties: Principal, Accomplice, Accessory After the Fact Defense of Withdrawal Parties Ans- Principal, Accomplice, or Accessory After the fact...