Contracts
Civil Procedure
Torts
Property
LWRA
100
This famous Cardozo opinion stands for the proposition that "an omission, both trivial and innocent, will sometimes be atoned for by allowance of the resulting damage, and will not always be both the breach of a condition to be followed by a forfeiture."
What is Jacob & Young v. Kent?
100
“These rules . . . should be construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding.“
What is Federal Rule of Civil Procedure 1?
100
In an action for Defamation, a private plaintiff suing over a matter of public concern must prove the Defendant acted in this order to obtain actual damages.
What is some fault (negligence is also an acceptable answer) (Actual Malice is incorrect-per the Gertz v. Robert Welch case)?
100
Changed circumstances and relative hardship are defenses to the enforcement of this type of promise regarding real property.
What are covenants?
100
Which of the following is correct and why? (a) F.3d (b) F. 3d (c) F.3d. (d) F. 3d.
What is (a)? A is correct because you do not need a space between any two abbreviations when both are a single capital letter. Rule 2.2(a). For purposes of spacing, ordinal contractions are treated as single capital letters. Rule 2.2(e)
200
This is the standard by which the sufficiency of a party's performance is measured in sale-of-goods contracts in Georgia.
What is the U.C.C. Article 2's perfect tender rule? (Or: What is U.C.C. Section 2-601?)
200
This case requires the court to disregard legal conclusions in a Complaint and test remaining factual allegations to see whether they “plausibly” state a claim for relief.
What is Ashcroft v Iqbal?
200
In a design defect case governed by the restatement Third of Torts, a Plaintiff must prove this in order to establish a product was defectively designed.
What is a reasonable alternative design exists?
200
A non-trespassory but wrongful interference with the use of the land of another can give rise to a fistfight and/or a suit for relief under this cause of action.
What is nuisance?
200
What is wrong with this short citation? Steel at 924-5. [NOTE: There are three things wrong – you must name all three to get credit.]
What is there needs to be a comma after “Steel.” There needs to be the reporter volume number and name before “at” (ex. 971 P.2d) and when you have a page span, you must retain two numbers on the right side (ex. 924-25).
300
This is the famous contracts case in which one of the parties was trying to get "the shaft".
What is Hadley v. Baxendale, Court of Exchequer, 9 Exch. 341, 156 Eng. Rep 145 (1854), in which the court articulated the rule for recovery of consequential damages.
300
motion and rule requires the court to decide a case based only on the Complaint and the Answer
What is FEDERAL RULE OF CIVIL PROCEDURE 12(c), Motion for judgment on the pleadings?
300
A finding of Negligence per se takes this issue away from the jury.
What is breach?
300
“While property may be regulated to a certain extent, if it goes too far it will be recognized as a….”
What is Taking, Justice Holmes in Penn Coal?
300
What is wrong with this citation and why? Craig v. Boren, 429 U.S. 190, 197 (U.S. 1976).
What is You do not need the court abbreviation in the parenthetical here because it is clear what court decided the case from the reporter abbreviation. If it were not clear from the reporter abbreviation, then you would need the court.
400
Under this test, a contract is presumed to be completely integrated if it has a merger clause
What is the Williston test?
400
This standard is “reasonably calculated to lead to the discovery of admissible evidence.”
What is the standard for relevance in discovery under FEDERAL RULE OF CIVIL PROCEDURE 26(b)?
400
This doctrine allows a Plaintiff's case to get to the jury even though the Plaintiff cannot explain who the Defendant breached the standard of care.
What is Res Ipsa Locquitor?
400
The majority rule is that a real estate broker’s commission is earned upon this event.
What is execution of the sales contract; procuring cause of buyer ready, willing and able to purchase property?
400
Give me two examples of when the abuse of discretion standard of review would apply.
What is Courtroom management and discovery issues for example? Other examples: admissibility of evidence, decisions on nondispositive motions, objections, etc.
500
Intentional relinquishment of a known right
What is a waiver?
500
This is the collective name for procedures which permit information gathering and exchange between opposing parties during a lawsuit.
What is discovery?
500
Mental disability has this effect on the reasonable person standard of care.
What is none?
500
“No conveyance of an interest in real property shall be valid against third parties unless it is recorded” is an example of this type of recording statute.
What is race?
500
If a statute is ambiguous or vague and the language has not yet been interpreted by a court in your jurisdiction, what tools of statutory interpretation are available? Name 5.
What is Ex. Plain meaning of the language is first and any judicial interpretations of the language in your jurisdiction but if ambiguous or vague and not yet interpreted in your jurisdiction: Canons of construction, legislative history (ex. committee reports), judicial interpretations of similar statutes, definitions provided in the statute, public policy, administrative agency interpretations, treatises and law reviews by respected scholars.
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