Spring Jeopardy

Property

100

What is the future interest that would be paired with a fee simple on condition subsequent?

Right of reentry

200

O to A for life, then to B and his heirs if B marries C. Identify all interests in O.

A has a life estate. B has a contingent remainder in fee simple. O has a reversion.

300

O to A and his heirs, but if B should return from Rome, to B and his heirs.

O has nothing.

A has a fee simple on executory limitation.

B has a shifting executory interest in fee simple

400

What is the difference between a shifting and springing remainder?

Shifting means the remainder is shifting from one grantee to another.

Springing means the remainder is springing from the grantor to the grantee.

500

What is the result of applying RAP to this problem?

O to B for life, then to the Church, but if and when a male descendant of B changes his name to "O", then to such descendants and his heirs.

B has a life estate

The Church has a vested remainder in fee simple.

O has nothing

Contracts

100

Define the modern doctrine definition of mutual assent

Objective theory of assent: 2 prongs.

Objective prong: Would a reasonable person receiving the communication understand it to manifest an intent to be bound

Subjective prong: Did the offeree interpret the communication as such?

200

Define disgorgement

a party who profited from wrongful acts must give up any profits they made as a result of that conduct

300

Name three different kinds of contracts and their accompanying presumptions related to specific performance.

1. Goods contract, presumption against specific performance (generally considered non-unique unless otherwise identified)

2. Land contracts, presumption in favor of specific performance. (uniqueness presumed)

3. Personal Services, presumption against specific performance.

400

Two parties enter into a contract with subject matter of $1,000. The contract states "Upon breach, the breaching party will pay the non-breaching party a penalty of $50. This will be their only remedy."

With regard to damages arising from a breach of this contract, what will a court uphold?

$50

500

A father was planning his son’s birthday party and decided to ask his friend, who was a magician, to come to the party and entertain the kids. The father offered his friend $300 as payment for performing at the party, which was scheduled for three months later. The friend did not reply. No other communication occurred between the father and the friend until the friend showed up at the party in his magician attire, prepared to entertain the kids. However, the father had hired another magician and told the friend to leave, refusing to pay the friend anything. The friend sued the father for breach of contract. Is a court likely to conclude that the father and friend formed a contract?

A:  No, because the father's offer terminated by lapse of time.

B: No, because the friend did not fully perform under the unilateral contract.

C: Yes, because the friend accepted the father's offer by arriving at the party.

D: Yes, because the father did not communicate any revocation of the offer to the friend.

A 

Crim

100

Under the MPC, which minimum requirement of Culpability is the strictest?

Under the MPC, Purposely is the strictest requirement of culpability, followed by knowingly, recklessly, and negligently.

200

One night while drunk, Spencer and his academic support section decide they are going to assassinate the president. Everyone is very excited for this idea and they all agree to do it together.

The next day, Spencer is so excited to show off his criminal mastermind(ness?) that he pulls an all-nighter and creates an elaborate plan of how to get past the Secret Service and complete the assassination. In addition to the plan, he has a list of supplies they will need and the expected prices for each. Spencer is thrilled to show all of his academic support friends. However, when he shows them the maps and scale-model he painstakingly carved by hand, they were not excited! Instead, they all just kinda side-eyed him and backed away slowly saying that they had though it was a joke and they would never do that. A dejected Spencer replied, "Nobody thinks what I think." At that very moment, the Secret Service bursts through the door and snap handcuffs on Spencer. Based on these facts, which test for actus reus would be MOST likely to allow Spencer's conviction for his attempt to assassinate the president?

Abnormal Step

300

It is 2020. Lencer is sick and tired of working at the car wash. He and a coworker decide to kill all of the car wash staff (it just seems easier than finding a new job). However, Lencer is a pacifist. Therefore, while his coworker does the killing, Lencer schedules a haircut. He does remember to tell his coworker that he will need to lock the doors to cut off any means of escape for the victims of this scheme. During his haircut, Lencer's coworker calls to inform him that other than the two of them, the rest of the carwash employees were all robots. The police bust into the barbershop and arrest Lencer. Can Lencer be arrested for attempted murder? why?

Yes, factual impossibility is not a defense to an attempted crime.

400

One day at work, two women decide agree to rob a bank, Stacy will rob the bank and Jenny will drive the getaway car. The next day Stacy picks Jenny up in her car and they drive to the gas station. At the gas station, Stacy tells Jenny she needs to use the restroom and load her pistol while Jenny fills the car up with gas and buys some Girl Scout cookies from two girls. While buying somoas (Jenny has horrible taste), she remembers her days as a girl scout as well. Out of a desire to protect the girls, and because she's not really the bank robbing type, she tells the girls that her friend is going to rob a bank in a few minutes and they should make sure they do not go make any deposits. 

Eventually, Jenny and Stacy leave together to go rob the bank. Stacy pulls the car up right in front of the bank and tells Jenny to get in the driver's seat while she robs the bank. However, instead of getting in the driver's seat, Jenny simply walks away munching on the Samoas she purchased earlier. She doesn't get far before she is caught by police and charged with the robbery. The DA is debating whether she can charge Jenny with homicide for the people Stacy shot and killed. 

Assume we are in a majority rule common law jurisdiction for all parts of this problem

Was Stacy a conspirator? Can she be charged with homicide?

1. Yes, she committed an overt act in furtherance of the armed robbery by filling up the car. Additionally, her renunciation/withdrawal from the conspiracy was ineffective.

2. Likely, yes. The pinkerton doctrine says that a conspirator is culpable for the reasonably foreseeable criminal acts of their co-conspirators.

 

500

In a jurisdiction that follows common law, a lawyer pays the mayor $20,000 in exchange for political favors (aka a bribe). Upon finding out about this, the district attorney decides to bring charges for bribery and conspiracy to commit bribery against both the lawyer and the mayor. In this jurisdiction, bribery charges and conspiracy to commit bribery charges are always 5 years. Additionally, these charges are always served consecutively. How long will each party serve in prison and why?

(You need the answer and the correct reason for this one)

5 years. Wharton's rule says that an agreement between two persons to commit an offense that is defined so it can only be committed by the participation of two people does not constitute conspiracy. Since bribery is impossible without 2 people (one to give and one to receive) under the common law doctrine of Wharton's rule, this does not constitute conspiracy. 

Your TAs

100

True or False: Spencer was bitten by an ostrich early in life and still holds a grudge to this day.

Very, Very True

200

Where did Sabra go to school?

Geaux Tigers!

300

What did Sabra want to be when she grew up?

A doctor! This is her!

400

True or False: Spencer had multiple musical performances at Carnegie Hall.

True! I've been twice!

500

True or False: Our section will sweep 1L, 2L, and 3L of the year.

True! Get out there and campaign!

IRAC Info

100

What does not go into the application section?

Telling professors random things from the fact pattern in the middle of the application

This shows you were not spending enough time thinking or planning what they were going to write about.

200

What is outline dumping?

Having many paragraphs of rules/extraneous info. 

This is bad because this leads to: 

Having a lot of extraneous law and explanation in rule statements.

Students telling but not showing. You are not adequately applying the rules to the fact pattern in their application.

300

How do you focus on the call of the question?

Read the question before the fact pattern.

Spend 5 minutes outlining your answer before typing to better organize your thoughts.

Do not address things that do not need to be addressed.

400

What do we mean by saying you are telling but not showing?

You were not applying the rules to the fact pattern in the application.

500

How do you prevent answering the question but not making arguments (being conclusory)?

Write like the professor has not read the fact pattern or has no idea what the law is. 

If you are making an assumption, say you are. Assuming ABC, then XYZ.

Actively consider how to make a counter-argument and include them where appropriate. 

Know majority/minority rules.