MBE 1
Under the common law, every contract requires this to be enforceable
This type of crime consists of obtaining title to the property of another by an intentional false statement of past or existing fact, with the intent to defraud the other.
What is false pretenses
This type of witness can testify as to the speed of a moving object, even by testifying that it was going “fast” or “very fast.”
What is a lay witness
An employer can be held liable for an employee’s tort if the tort was committed within the scope of the employment.
What is the doctrine of respondent superior
This is a two-step process. First, the biological parents’ rights must be terminated, and second, a new parent-child relationship must be created between the child and the new parents.
What is adoption.
This member of the executive branch shall nominate, and with advice and consent of the Senate, shall appoint ambassadors and other officers of the United States.
Who is the President
When someone touches the person of another in a manner that is offensive or not permitted by social norms.
What is battery.
Requires a writing containing a description of the land and parties, words of intent, and grantor’s signature.
What is a valid deed.
A change in the relationship of the partners caused by any partner ceasing to be associated with the carrying on of the business
What is dissociation.
Is one who regularly deals in goods of the kind sold or who otherwise by his occupation holds himself out as having knowledge or skill peculiar to the goods involved.
What is a merchant
A person who (i) with the intent to assist the principal and the intent that the principal commits the crime (ii) actually aids, counsels, or encourages the principal before or during the commission of the crime.
What is an accomplice
A conveyance to two or more persons at the same time, by the same instrument, of the same interests, giving them identical rights to possession of the property creates this.
What is a joint tenancy
This is a person who procures commitments for capital and instrumentalities on behalf of a corporation that will be formed in the future
What is a promotor
A person commits this crime when he causes a death by criminal negligence
What is involuntary manslaughter
The plaintiff must show that the defendant intentionally interfered with the plaintiff’s right of possession and that the interference was so serious in nature or consequence as to warrant the defendant pay the value of the chattel.
What is conversion.
Under this exception, declarations of existing state of mind are admissible as circumstantial evidence to show subsequent acts of the declarant in conformity with that intent.
What is the present state of mind exception.
This may be granted if, from the pleadings, affidavits and discovery materials, it appears that there is no genuine dispute of material facts and the moving party is entitled to judgment as a matter of law.
What is summary judgment.
The court will follow this standard in fashioning a custody and visitation schedule.
What is the best interest of the child.
This gives the creditor rights against the debtor in the collateral.
What is attachment
An estate that automatically terminates on the happening of a stated event and goes back (reverts) to the grantor. It is created by the use of durational, adverbial language, such as “for so long as,” “while,” “during,” or “until.”
What is a fee simple determinable
This is when a state law-based claim is brought in federal court based on diversity of citizenship, the federal court generally applies the substantive law of the state in which it is sitting.
What is the Eric Doctrine
To grant a motion for this, the court must find that a reasonable jury would not have a legally sufficient basis to find for the party on the issue.
What is judgment as a matter of law (JMOL)
All states have some form of this statute that saves the gift if the predeceasing beneficiary was in certain degree of relationship to the testator and left descendants who survived the testator.
What is an anti-lapse statute.
Government regulations of the content of speech must meet strict scrutiny, but content neutral regulation of the conduct associated with speech need only pass this
What is intermediate scrutiny
For this to apply, there must have been a valid, final judgment on the merits, both parties must be the same (or be in privity with a party in the prior suit), and the new action must involve the same cause of action, meaning that all claims must arise out of the same transaction or occurrence.
What is claim preclusion