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  • Contract Basics
  • Contract Formation
  • Defenses
  • Terms
  • UCC
  • Common Law Performance
  • Nonperformance Excuses
  • Changes to Contract Terms
  • Third Party
  • Damages

Contract Basics

0 Correct out of 7
  1. Acceptance is a clear expression of assent to the contract terms.
  2. Consideration is a bargained for exchange of legal value between the parties.
  3. Contract is an offer acceptance consideration and no defenses.
  4. Statute of Frauds requires certain contracts to be in writing which include marriage performance longer than a year land executorship goods over $500 and suretyship.
  5. Applicable law for all contracts is governed by either Common Law or UCC Article 2.
  6. Offer is a clear objective manifestation of present intent to contract.
  7. Incapacity applies to infants and mentally incompetent individuals who lack the capacity to contract.

Contract Formation

0 Correct out of 7
  1. Acceptance by Performance occurs when the offeree begins performance or offeror has knowledge that offeree has begun performance.
  2. Acceptance by Shipment occurs when the individual promises to ship goods or promptly ship goods.
  3. Irrevocable Offer is an options contract a UCC firm offer or detrimental reliance.
  4. Revocation consists of an unambiguous statement by the offeror to the offeree or offeree becomes aware of the offeror’s unambiguous conduct.
  5. Mailbox Rule is acceptance of the contract terms upon dispatch and don’t apply to options contract.
  6. Rejection occurs when there is an express rejection a counteroffer a conditional acceptance or acceptance with additional terms.
  7. Offer Terminates upon revocation by offeror rejection by offeree or lapse of time.

Defenses

0 Correct out of 7
  1. Illusory Promise is a promise and no obligation to perform.
  2. Promissory Estoppel occurs when a promisor expects reliance detrimental reliance occurs and injustice will occur without the enforcement of the promise.
  3. Fraud is a false assertion of a material fact prior to contract formation or performance.
  4. Satisfying Statute of Frauds occurs when either a signed writing by the party to be charged or part performance.
  5. A Mistake occurs when both parties are mistaken to a factual assumption of the contract at time of contract formation.
  6. Undue Influence is a contract entered under excessive pressure by an individual susceptible to pressure.
  7. Duress is a wrongful act which overcomes the party’s free will.

Terms

0 Correct out of 3
  1. The Parole Evidence Rule is extrinsic evidence to a written contract is inadmissible to supplement or contradict the written contract.
  2. Warranties consists of express warranty implied warranty of merchantability and implied warranty for a particular purpose.
  3. Risk of Loss occurs when shipment by common carrier upon dispatch a non-carrier merchant sells to buyer and takes physical possession or a non-carrier non-merchant buyer need only tender delivery.

UCC

0 Correct out of 4
  1. Right to Cure delivery occurs when buyer has notified seller of imperfect tender seller gives buyer notice of intent to cure and time for performance has not yet expired.
  2. Perfect Tender are goods must be delivered in perfect tender with respect to their manner of delivery.
  3. Buyers Options regarding delivery consist of accept in part reject in part accept in whole or reject in whole.
  4. Installment Contract is delivery in separate lots.

Common Law Performance

0 Correct out of 2
  1. Material Breach is a substantial benefit incurred to one party where the other party is deprived of the benefit of the contract.
  2. Substantial Performance occurs when one party has substantially performed where the other party is obligated to perform or complete their performance.

Nonperformance Excuses

0 Correct out of 6
  1. Impossibility is performance is objectively impossible.
  2. Frustration of Purpose is an unexpected event which destroys the purpose of the contract where the event is not the fault of the parties.
  3. Conditions are either precedent or subsequent to the required performance of the contract.
  4. Anticipatory Repudiation is a clear unambiguous act the party will not perform the contract.
  5. Impracticability is performance is only possible with extreme and unreasonable difficulty or expense.
  6. At-will-employment is an agreement that can be terminated by either party at any time.

Changes to Contract Terms

0 Correct out of 2
  1. Novation is when existing parties to a contract agree to substitute a new party to perform the contract.
  2. Modification occurs when existing parties alter the original contract terms where mutual assent and consideration is now required.

Third Party

0 Correct out of 3
  1. Incidental Beneficiaries are parties of the contract did not intend for the third party to benefit from the contract.
  2. Third Party Rights Vest when the third party learns of and assents learns of and files suit or learns of and relies upon the contract.
  3. Intended Beneficiaries are parties of the contract intended the third party to benefit from the contract.

Damages

0 Correct out of 5
  1. Specific Performance are damages that are not personal services in which involve land or unique goods that money cannot compensate for.
  2. Incidental damages are unforeseeable commercially reasonable expenses which flow from the breach of the contract.
  3. Expectation Damages are the standard measure of money damages that put the non-breaching party in a economic position had the party completed the contract.
  4. Liquidated Damages are an agreed upon amount of damages which occur prior to contract formation and reasonable.
  5. Consequential Damages are foreseeable losses indirectly resulting from the breach of contract.
  • Relevance
  • Character Evidence
  • Impeachment
  • Testimonial Evidence
  • Testimonial Privilege
  • Evidence
  • Hearsay
  • Confrontation Clause

Relevance

0 Correct out of 8
  1. Probative value is the exclusion of relevant evidence if the probative value is substantially outweighed by the danger of unfair prejudice.
  2. Relevant evidence based on public policy grounds may be excluded if it involves liability insurance subsequent remedial measures settlements or payments or offers to pay medical expenses.
  3. Relevant evidence (401) is evidence that makes a fact more or less probable than it would be without the evidence.
  4. Subsequent Remedial Measures taken after an injury or event are inadmissible to prove fault defect or an inadequate warning.
  5. Excluded evidence (402) is evidence that is excluded if it is barred by the United States Constitution a federal statute the Federal Rules of Evidence or any other rule established by the Supreme Court of the United States.
  6. Unfair Prejudice consist of confusion of issues misleading the jury undue delay or waste of time or presenting duplicative evidence.
  7. Liability Insurance is generally not admissible to prove fault or a party’s ability to pay damages unless it is used to prove ownership.
  8. Evidentiary Hearings are a court-ordered hearing on admissibility of evidence conducted outside the presence of the jury.

Character Evidence

0 Correct out of 7
  1. Prosecution may not initiate character evidence of the Defendant unless sexual assault or if the Defendant first offers evidence of the victim’s character.
  2. In Homicide Cases Defendant may raise self-defense and offer evidence showing victim’s violent character reflects the victim attacked first.
  3. Character Evidence is generally inadmissible; however, is admissible to prove motive intent mistake or lack of mistake identity or common plan or scheme.
  4. Use of Sexual Assault Evidence must be disclosed with their intent to offer the evidence describe the evidence’s purpose and notify the victim 14 days prior to trial.
  5. In Criminal Sexual Assault cases reputation or opinion evidence is inadmissible unless prior relationship between the victim and defendant or a third party is the source of the DNA or injury.
  6. In Civil Sexual Assault Cases Victim’s character evidence is admissible by reputation, opinion, and specific instances of conduct if the probative value is substantially outweighed by the danger of unfair prejudice or the victim puts their reputation at issue.
  7. Victim’s character evidence can only be introduced by the Defendant and once introduced rebutted by the prosecution.

Impeachment

0 Correct out of 3
  1. Extrinsic Evidence is evidence that challenges the credibility of the witness used to impeach the witness.
  2. Impeachment is an adverse reflection on the veracity of the witnesses testimony shown by contradiction prior inconsistent statements bias interest reputation or prior acts of misconduct.
  3. Collateral Issues are a fact not relevant to the issues in the case.

Testimonial Evidence

0 Correct out of 7
  1. Present Recollection Refreshed involves using documents to refresh the witness’s memory which requires the witness to not read aloud from the document inspection of the document by the opposing party not read into evidence and the adverse party has the chance to enter it into evidence.
  2. Objection to questions occurs when the question calls for narrative leading augmentative or are or beyond the scope of direct.
  3. Competency of a witness requires the witness has personal knowledge memory communication and sincerity.
  4. Expert Opinion testimony may be given if helpful qualified provided with reasonable certainty a proper factual basis formed and reliable principles relied upon.
  5. Daubert Test are scientific evidence based upon testing rate of error acceptance of others in the field and published.
  6. Lay Opinion testimony is admissible if it is based upon perception rationally based helpful to understand or determining a fact and not an expert.
  7. Past Recorded Recollection are contents of a record or document that was previously adopted or read into evidence in which witness had knowledge of the subject matter at issue witness memory is insufficient to testify to the record’s content the record was made or adopted by the witness when it was fresh in their memory and the record accurately reflects witness’s knowledge.

Testimonial Privilege

0 Correct out of 4
  1. Marital Communication privilege pertains to communication between spouses made during the marriage can be invoked by either spouse applies to both criminal and civil proceedings and survives divorce.
  2. Attorney-Client Privilege protects communications between an attorney and a client if they are intended to be confidential and made to facilitate the provision of legal services.
  3. Testimonial Privilege is a privilege that is protected by the Federal Rules of Evidence which include attorney client spousal privilege or marital communications psychotherapist or doctor patient if recognized in the forum state.
  4. Spousal Communication privilege applies to communication between spouses who were married at the time of the trial is limited to criminal cases terminates upon divorce and can only be invoked by the witness spouse.

Evidence

0 Correct out of 3
  1. Authenticated Evidence is evidence that is physical that the proponent produces by any means that serve to establish authenticity.
  2. Best Evidence Rule is evidence that is offered when the original is unavailable to prove the contents of a writing or an original document.
  3. Judicial Notice is a court notice that can recognize any fact as true without formal presentation either on its own initiative or by formal request of a party.

Hearsay

0 Correct out of 15
  1. Hearsay is a out of court statement offered to prove the truth of the matter asserted.
  2. Learned Treatises are accepted authority pertaining to a certain field by the expert and can be accepted by testimony admission or by judicial notice.
  3. Public Records are admissible if describe the activities of a public office or agency under a duty of law by a public employee within their scope of duty and occurred at or near the time of the event.
  4. Physical Condition statements are admissible if statement is made to physical personnel and pertaining to the diagnosis of that treatment of condition.
  5. Former Testimony Under Oath is testimony given by a person in an earlier proceeding or deposition is admissible if declarant is currently unavailable prior testimony was given under oath and either the party in the previous action had the opportunity to cross examine the declarant or a predecessor in interest of a party in the previous action had the opportunity to cross examine and a similar motive in doing so.
  6. Declarant Unavailability is admissible if former testimony under oath statement against interest dying declaration or statements offered against the party procuring declarants unavailability.
  7. Dying Declarations are admissible if declarant is unavailable declarant was under the belief of impending death the statement was made in regard to the cause of circumstances surround the impending death and only applies to homicide or all civil cases.
  8. Unavailability means the declarant’s testimony is privileged death refusal or lack of memory.
  9. Present Sense Impression are admissible if describes or explains the event or condition and is made during or immediately after the event in question.
  10. Excited Utterance are admissible if relate to the startling event in question and was made while under the excitement or stress of the event.
  11. Present State of Mind statements are admissible if concern the declarant’s state of mind emotion sensation or physical condition at the time the statement was made.
  12. Admissible Hearsay is an out of court statement consisting of legal operative fact words to proport the effect of the listener speaker’s knowledge or state of mind.
  13. Statement Against Interest are admissible if pecuniary gain declarant is unavailable statement was contrary to declarant’s pecuniary gain or a reasonable person would not have made the statement unless believed to be true.
  14. Non-Hearsay Exemptions are hearsay statements made by a party opponent that is in the form of judicial statements adoptive statements or a vicarious statement.
  15. Business Records are admissible if a record or transaction recorded by the business is made during the regular course of business by someone with knowledge at or near the time the matters described and authenticated or certified in writing.

Confrontation Clause

0 Correct out of 1
  1. The Confrontation Clause ensures that every defendant has the right to confront witnesses when an out-of-court statement is offered against the defendant in a criminal case and may be excluded if the declarant is unavailable.
  • Intentional Torts
  • Defenses
  • Defamation
  • Other Torts
  • Negligence
  • Strict Liability
  • Products Liability
  • Nuisance
  • Liability

Intentional Torts

0 Correct out of 9
  1. Conversion is the intentional intermeddling of another’s personal property where Plaintiff can recover the fair market value at the time of conversion.
  2. Battery is an intentional voluntary act by the defendant where there is harmful or immediate contact.
  3. Assault is an intentional voluntary act by the defendant where there is reasonable apprehension of harmful or immediate contact.
  4. Trespass to chattel is an intentional intermeddling of another’s personal property.
  5. Bystander Intentional Infliction of Emotional Distress is the bystander is closely related to the injured person where the Defendant’s conduct seriously injured a third person Plaintiff is closely related to the injured third person Plaintiff was present when the injury occurred Defendant knew of the relation and Plaintiff suffers emotional distress.
  6. Tort is an intentional voluntary act by the defendant causing such harm.
  7. Intentional Infliction of Emotional Distress is an extreme or outrageous act by the Defendant where the Plaintiff suffers severe emotional distress.
  8. Trespass to Land is an intentional physical invasion of one’s real property.
  9. False Imprisonment is an intentional voluntary act where the Plaintiff is confined to a bounded area.

Defenses

0 Correct out of 6
  1. Self Defense is the reasonable belief of properly timed applied reasonable force.
  2. Defense of Property is the application of reasonable non-deadly force.
  3. Necessity is a defense to all property damage claims of the Plaintiff’s property which are outweighed in an effort to avoid greater danger when reasonably necessary and the threatened injury was more serious than the property interference.
  4. Defense of Others is the Defendant’s reasonable belief that the person they are aiding would have the right to self-defense.
  5. Recapture of chattels is a defense to trespass claims when the Defendant may use peaceful means to recover unlawfully taken property.
  6. Consent is a defense to all intentional torts where the Plaintiff has given express consent or scope of consent was not exceeded.

Defamation

0 Correct out of 4
  1. Slander Per Se is spoken conduct of crimes of moral turpitude loathsome disease impute women’s chastity or effects business or reputation.
  2. Defamation of a Private Citizen is a defamatory statement regarding the Plaintiff that was published and harmful to Plaintiff’s reputation.
  3. Defamation of a public citizen is a defamatory statement regarding the Plaintiff that was published harmful to the Plaintiff’s reputation and falsity and fault.
  4. Slander is spoken conduct where pecuniary damages.

Other Torts

0 Correct out of 6
  1. Negligent Misrepresentation is the Defendant misrepresents a material fact in a professional setting where a breach of duty was owed justifiable reliance by the Plaintiff and resulted in monetary loss.
  2. Intentional Misrepresentation is the Defendant’s misrepresentation of a material fact knows the misrepresentation to be false intended to induce reliance actual reliance by the Plaintiff and damages in the form of pecuniary loss.
  3. False Light is the widespread publication of a falsehood or material misrepresentation that would be offensive to a reasonable person.
  4. Appropriation is the unauthorized use of Plaintiff’s name, image or likeness for commercial purposes.
  5. Intentional Interference with Business Relations is the Plaintiff has a valid contractual relationship where the Defendant has knowledge of such relationship intentionally interferes with that relationship and this interreference causes breach resulting in damages.
  6. Intrusion Upon Seclusion is a Plaintiffs’ reasonable expectation of privacy where the intrusion would be highly offensive to a reasonable prudent person.

Negligence

0 Correct out of 15
  1. Res Ipsa Loquitur is an inference of negligence not attributable to the plaintiff but attributable to the defendant.
  2. Contributory Negligence is the Plaintiff is barred from recovery of the Plaintiff’s injuries if Defendant establishes that Plaintiff’s conduct contributed to Plaintiff’s injuries.
  3. Invitee is an individual who enters the land open to the public to confer a commercial benefit.
  4. Comparative Negligence is a defense to negligence where the Defendant can prove the injuries incurred are attributable to the Plaintiff.
  5. Negligent Infliction of Emotional Distress is Defendants negligent act is in close proximity to the Plaintiff Plaintiff suffers severe emotional distress from the incident and Plaintiff suffers from some physical manifestation.
  6. Actual Cause is a causal connection between the alleged breach and the duty owed.
  7. Attractive Nuisance Doctrine holds the property owners liable for damages if they know or should know that children are in the area know or should know of the dangerous condition the condition is likely to cause injury and the potential lost outweighs the risk of remedying the defect.
  8. Specialized Duty of Care is owed to common carrier or innkeepers children professionals or by custom or trade usage.
  9. Negligence Per Se is established when a valid ordinance is in place the Plaintiff is in the class the ordinance was designed to protect and the ordinance is designed to protect against that type of harm that occurred.
  10. Negligence consists of duty breach causation and damages.
  11. Duty of Care to behave like a reasonable prudent person is owed to foreseeable Plaintiffs in the zone of danger.
  12. Breach of Duty is a duty that falls below the standard of care owed to the individual.
  13. Damages consist of personal injury property damage or punitive damages.
  14. Proximate Cause is a foreseeable connection to the alleged breach which doesn’t include an act of God intentional tort or criminal act.
  15. Licensee is an individual who enters the land with the Owner’s permission for Licensee’s own personal or a business purpose.

Strict Liability

0 Correct out of 3
  1. Strict Liability is an absolute duty to make safe causation and damages to person or property.
  2. Strict Liability abnormally dangers activity is a uncommon activity that cannot be made safe which poses a severe risk.
  3. Strict Liability of animal conduct are animal owners are strictly liable for reasonably foreseeable damages resulting from their animal’s conduct on another’s property.

Products Liability

0 Correct out of 3
  1. Types of Defects consist of a manufacturing defect design defect or inadequate warning.
  2. Products Strict Liability is a commercial supplier of a defective product that was the actual or proximate cause of the injury used in a foreseeable manner.
  3. Types of Warranties include fit for particular purpose warranty of merchantability or express warranty.

Nuisance

0 Correct out of 3
  1. Nuisance is a tortious invasion of the right to enjoy one’s property.
  2. Public Nuisance is an unreasonable interference with health, safety, or property rights of the public.
  3. Private Nuisance is a substantial interference with ones right to enjoy one’s property where the interference is one where the average community member would be offended.

Liability

0 Correct out of 3
  1. Joint and Several Liability applies when the acts of two or more Defendants combine to produce a single indivisible injury.
  2. Vicarious Liability is when the Defendant commits a tort against the Plaintiff and the third person is held liable due in part to the relationship with the Defendant.
  3. Contribution allows a Defendant who has paid more than their fair share of damages to recover against the other party for the excess damages paid.
  • Principles
  • Incohate Crimes
  • Defenses
  • Crimes Against the Person
  • Crimes Against Property

Principles

0 Correct out of 10
  1. Transferred Intent occurs when the Defendant is held liable if the intended harm caused affects either a different victim or different object.
  2. Causation is either the proximate cause or the cause-in-fact of the criminal act.
  3. Merger occurs when two or more offenses merge prohibiting the Defendant from being prosecuted separately for each crime.
  4. Mens Rea refers to the required mental state at the time the crime was committed which can be either specific intent general intent or malice.
  5. Concurrence is the physical act and the required mental state occur simultaneously.
  6. Criminal Act requires actus reus mens reus causation and concurrence.
  7. Model Penal Code mental states are either purposefully knowingly recklessly or negligently.
  8. Actus Reus is a voluntary physical act.
  9. Conspiracy is an agreement between two or more people to commit a crime or unlawful activity.
  10. Accomplice Liability arises when an individual aids, abets or encourages the principal before, during or after the crime with the intent that the principal commits the crime.

Incohate Crimes

0 Correct out of 4
  1. Solicitation involves inciting, urging, or asking another individual to commit a crime with the intent they commit the crime.
  2. Attempt is an overt act done with the specific intent to complete the crime but falls short of completing the crime.
  3. Conspiracy is an intentional agreement between two or more people with the intent to commit the targeted crime and an overt act in furtherance of.
  4. Co-Conspirator Liability holds each co-conspirator liable for the acts that are foreseeable and committed in furtherance of the conspiracy.

Defenses

0 Correct out of 4
  1. Insanity is a defense to all crimes regardless of the intent requirement which may be established under M’Naghten Rule Irresistible Impulse Test Model Penal Code or the Durham Rule.
  2. Entrapment occurs when the criminal plan originated with law enforcement and the Defendant had no prior pre-disposition to commit the crime.
  3. Duress is a defense when the Defendant committed a crime under the reasonable belief that the crime was necessary to prevent death or serious bodily injury.
  4. Necessity applies when the Defendant believed their conduct was reasonably necessary to avoid imminent harm to themselves, others, or society.

Crimes Against the Person

0 Correct out of 11
  1. Murder is the unlawful killing of another human with malice aforethought.
  2. The Types of Murder include intent to kill intent to inflict serious bodily harm Felony Murder and Depraved Heart
  3. Kidnapping is the unlawful confinement of a person without their consent with either movement or concealment of the victim.
  4. Battery is the unlawful application of force to a person or another resulting in bodily injury or offensive touching.
  5. Rape is the carnal knowledge of a woman by a man other than her husband without her consent.
  6. Involuntary Manslaughter is a killing committed with criminal negligence during an unlawful act not resulting in Felony Murder.
  7. Assault is an intentional reasonable apprehension of imminent bodily harm.
  8. Voluntary Manslaughter is a killing resulting from adequate provocation.
  9. False Imprisonment is the unlawful confinement of a person without their consent.
  10. Adequate Provocation occurs when the provocation would cause an ordinary person to experience sudden and intense passion and no time to cool off between provocation and killing.
  11. Felony Murder occurs when a killing takes pace during the commission of an inherently dangerous felony such as burglary arson rape robbery or kidnapping.

Crimes Against Property

0 Correct out of 9
  1. Forgery is the creation or alteration of a written document with purported legal significance with intent to defraud.
  2. Embezzlement is the fraudulent conversion of another’s personal property by one in lawful possession.
  3. Arson is the malicious burning of another’s dwelling.
  4. False Pretenses involve obtaining title to another’s property by false statements of past or existing facts with the intent to defraud.
  5. Larceny by Trick occurs when obtaining title to another’s property by false statements of past or existing facts.
  6. Burglary is the breaking and entering of another’s dwelling at nighttime with the intent to commit a felony therein.
  7. Larceny is the taking and carrying away of another’s personal property with the intent to permanently deprive them of that property.
  8. Robbery is the taking and carrying away of another’s personal property with the intent to permanently deprive them of that property by force or threat.
  9. Receipt of Stolen Property involves receiving possession and control of stolen property known or should have known to be illegally obtained by another with the intent to permanently deprive.
  • Judicial Power
  • Legislative Power
  • Executive Power
  • Federalism
  • Individual Liberties
  • Due Process
  • Fundamental Rights
  • Equal Protection
  • Freedom of Speech

Judicial Power

0 Correct out of 12
  1. Political Question Doctrine means federal courts cannot adjudicate constitutional issues such as constitutional power reserved to another branch of government or are inherently incapable of judicial resolution.
  2. Ripeness is a Plaintiff has been harmed or suffers immediate threat of harm.
  3. Eleventh Amendment bars suits against state governments in federal court unless states waive sovereign immunity suit involves fourteenth amendment federal government brings the suit or bankruptcy proceedings.
  4. Standing is a party must have a concrete interest in the outcome of the claim including injury causation and redressability.
  5. Adequate and Independent Grounds Doctrine means the Supreme Court cannot review a state court decision that rested on independent and adequate state law ground.
  6. Third Party Standing is a Plaintiff asserts the rights of a third party where the Plaintiff was injured when either Plaintiff’s injury adversely affects their relationship with third parties or the injured party is unlikely or unable to assert their own rights.
  7. Justiciability is an ongoing controversy that includes standing ripeness or mootness.
  8. Mootness is a courts ability to hear only live controversies unless wrongs capable of repetition voluntary cessation or class action lawsuits.
  9. Suits against state officers means a state officer can be sued in federal court when a claim for injunctive relief for violation of the Constitution or federal law or a claim for money damages paid by the state officer personally.
  10. Injury to all is an injury to none.
  11. Original Jurisdiction occurs when the Supreme Court has original jurisdiction over suits between states cases involving foreign ambassadors and other foreign ministers.
  12. Final Judgement occurs when the Supreme Court can only hear cases if there has been final judgement of a lower court or judgement by the state’s highest court.

Legislative Power

0 Correct out of 9
  1. Intrastate Commerce grants Congress the authority to regulate commercial activity or economic activity if there is a rational basis to conclude that in the aggregate, it substantially affects interstate commerce.
  2. Tenth Amendment grants all powers not granted to the federal government and not prohibited by the States are reserved to the States.
  3. Delegation of Powers is the broad authority to delegate legislative powers but can only do so when the scope is clearly defined and not a delegation of a core power.
  4. Conditional Grants refer to Congress’s ability to induce state regulatory or legislative action through conditional grants provided that condition must be clearly stated condition must relate to the purpose of the law at issue and condition cannot be unduly coercive.
  5. Executing a law requires 1) bicameralism approval by the President and signed within 10 days excluding Sunday.
  6. Taxing and Spending Clause grants Congress the authority to tax and spend in anyway deemed necessary for the general welfare.
  7. Commerce Clause grants Congress the exclusive authority to regulate interstate commerce.
  8. Police Power occurs when Congress has no general police power except military Indian reservation land and District of Columbia.
  9. Interstate Commerce grants Congress the authority to regulate channels instrumentalities or economic activities that have a substantial effect on interstate commerce.

Executive Power

0 Correct out of 8
  1. Immunity occurs when the President has absolute immunity from civil suits arising from official actions and taken while in office.
  2. Congressional Appointment Powers vest in inferior officers in the presidency courts or department or agency leadership.
  3. Executive Privilege protects against disclosure of presidential papers and conversations.
  4. Presidential Authority granted by Article II of the United States Constitution allows the President to enter treaties appoint ambassadors act as Commander in Chief of the military and power to represent the United States in foreign affairs.
  5. Presidential Appointment Powers consist of ambassadors federal judges and other high-level officers without the consent of the Senate.
  6. Impeachment is the House of Representatives can impeach the President Vice President Federal Judges and other Federal Officers by a majority vote whereupon a trial in the Senate takes place with a 2/3 majority vote for removal from office.
  7. Removal Powers are the power of the Executive Branch to remove a high-level executive officer in which the President can remove them freely unless limited by Congress or Congress can remove high-level executive officers through its impeachment power.
  8. Pardon Power is the power retained by the President to pardon those accused or convicted of federal crimes.

Federalism

0 Correct out of 7
  1. Implied Preemption occurs when a federal law is silent on confliction and will control when mutual exclusivity state law impedes a federal objective or Congress has a clear intent to legislate exclusivity.
  2. State Taxation means a state tax must have a substantial connection to the state in such a way that it does not interfere with interstate commerce unless substantial nexus within the state tax is fairly apportioned to the activity connected to the state or tax must be fairly related to some governmental service or benefit.
  3. Dormant Commerce Clause occurs when state and local law regulate local aspects of interstate commerce when not under the commerce power if it does not discriminate against out-of-state competition unduly burden interstate commerce or regulate wholly out-of-state activity.
  4. Supremacy Clause means a federal law is the supreme law of the land.
  5. Privileges and Immunities Clause is a state may not discriminate against non-state residents when it relates to civil liberties commercial activities and not necessary to achieve an important governmental interest.
  6. Express Preemption means a federal law trumps conflicting state and local laws if expressly stated.
  7. Dormant Commerce Clause Exceptions include necessary to an important state interest state market participant traditional government function or Congressional approval.

Individual Liberties

0 Correct out of 8
  1. Thirteenth Amendment expressly prohibits slavery and indentured servitude.
  2. Government Action only applies to federal state or local governments.
  3. Intermediate Scrutiny means a law will be upheld if it is substantially related to an important governmental interest.
  4. Fifteenth Amendment are States or Federal government cannot deny any citizen the right to vote on the basis of race or color.
  5. Government Action Exceptions include a private entity performs an exclusive public function or significant state entanglement between the government and private conduct.
  6. Fourteenth Amendment are States cannot deprive any person of life liberty or property without due process of law.
  7. Strict Scrutiny means a law will be upheld if it is necessary to achieve a compelling governmental interest.
  8. Rational Basis means a law is upheld if it is rationally related to a legitimate government interest.

Due Process

0 Correct out of 4
  1. Ex Post Fact Clause prohibit states and federal governments from passing retroactive laws if either criminally punishes conduct that was lawful when done increases punishment for a crime that has been committed or reduces the burden required to convict a person for a crime after it was committed.
  2. Bill of Attainder prohibit State and Federal governments from passing legislation that punish specific individuals or group members without a judicial trial.
  3. Contract Clause is a state cannot interfere with existing contractual duties including governmental obligations.
  4. Takings Clause is the government shall not take private property for public use without just compensation.

Fundamental Rights

0 Correct out of 1
  1. Fundamental Rights under the Right of Privacy include contraception abortion marriage procreation education raise your family travel and right to vote.

Equal Protection

0 Correct out of 2
  1. Equal Protection Clause means the government cannot treat similarly situated people or groups of people differently when a law is discriminatory on its face facially neutral law applied in a discriminatory manner or discriminatory motive is present.
  2. Alienage means a non-United States citizen will be subject to scrutiny unless related to self-government and the democratic process or a congressional law regulating immigration.

Freedom of Speech

0 Correct out of 12
  1. Vague Law is unconstitutional if a reasonable person cannot tell whether speech is prohibited or permitted.
  2. Establishment Clause is the governmental prohibition to establish sponsor a religion or give preference to one religion over another.
  3. Incitement of Unlawful Activity occurs when fighting words or true threats are restricted if there is a substantial likelihood that the speech will bring imminent illegal activity and speech is aimed at causing imminent illegal activity.
  4. Private Forums are private properties can restrict speech in a limited or designated public forum via a time, place, and manner restriction or non-public forum in which speech is reasonably related to some legitimate interest and viewpoint neutral.
  5. Public Forums means government property is constitutionally required to make speech available if it is content neutral narrowly tailored to serve an important governmental purpose and leave open adequate, alternative channels of communication.
  6. Freedom of Association is the right to participate with others who have similar political religious or cultural beliefs.
  7. Overbreadth Law is unconstitutional if it regulates substantially more speech than the Constitution allows to be regulated.
  8. First Amendment expressly protects the freedom of expression including speech press assembly and association.
  9. Obscenity is the Governmental regulation of lesser protected speech if appeals to the prurient interest patently offensive in its sexual portrayal and taken as a whole lacks literary, artistic, or scientific merit.
  10. Symbolic Speech is speech that refers to expressive or communicative conduct will be restricted if the regulation furthers an important government interest that government interest is unrelated to suppression of the message and the impact on speech is no greater than necessary to further the important governmental interest.
  11. Free Exercise Clause means the government is prohibited from punishing someone solely on the basis of that person’s religious beliefs or conduct.
  12. Commercial Speech is the Governmental regulation of unprotected commercial speech if false misleading deceptive illegal or concerns illegal activity.
  • 4th Amendment
  • Warrantless Searches
  • Exclusionary Rules
  • Fifth Amendment
  • 6th Amendment
  • Trial Procedures
  • 8th Amendment

4th Amendment

0 Correct out of 8
  1. Automobile Stop occurs when the police have reasonable suspicion that a law was violated.
  2. Arrest occurs when an individual is taken into custody for a criminal investigation purpose or interrogation.
  3. Probable Cause requires trustworthy facts or knowledge sufficient to a reasonable person to believe that the individual has committed the crime or planning to commit the crime.
  4. Search Warrant requires probable cause precise on its face and signed by a neutral detached magistrate.
  5. Reasonable Expectation of Privacy occurs when the individual has exhibited a subjective expectation of privacy and whether society is prepared to accept that activity as reasonable.
  6. Validity of Search & Seizure must be viewed under reasonableness under the Fourth Amendment unless governmental conduct Defendant has standing valid search warrant or the presence of exigent circumstances.
  7. Police Checkpoints to search vehicles must be neutral or an articulable standard and serve a purpose related to automobiles.
  8. Detention is a governmental seizure of the person which could be in the form of stop & frisk automobile stop stationhouse detainment detainment to obtain a search warrant or detainment of occupants of a premise.

Warrantless Searches

0 Correct out of 9
  1. Electronic Surveillance requires a warrant when probable cause that a specific crime has occurred or likely to occur names of suspects subject to surveillance describe with particularity the subject of conversations that are surveilled limited to short time periods and terminate when the information acquired is the information sought.
  2. Administrative Searches are conducted by Government agencies for routine searches or inspections of highly regulated business or industries.
  3. Search Incident to Lawful Arrest occurs when the police may search a lawfully arrested person in their immediate surrounding without a warrant if arrest was lawful search was contemporaneous with the arrest and search was limited to area within suspects reach or movement.
  4. Stop & Frisk occurs when the police detain a person for investigative purposes if reasonable suspicion of criminally activity is a foot length of detainment is no longer than necessary and frisk is limited to plain feel of weapons or contraband.
  5. Exigent Circumstances occurs when the police search and seize evidence without a warrant if hot pursuit emergency aid or evanescent evidence.
  6. Consent to Search occurs when the police search anything if consent was voluntary intelligibly made and consenting person has authority to do so.
  7. Public School Searches occur when school officials have reasonable suspicion moderate chance at finding evidence procedure for searching is reasonably related to the objective and search is not overly intrusive.
  8. Automobile Search occurs when the police search a vehicle if probable cause exists and probable cause arises prior to the search beginning.
  9. Plain View Searches occurs when the police search any place where criminal activity is present when viewing if legitimately on premise criminal activity is immediately apparent and access to the items were lawful.

Exclusionary Rules

0 Correct out of 2
  1. Exclusionary Rule is illegally obtained evidence is excluded against the defendant unless government had an independent source to obtain the evidence inevitable discovery or attenuation.
  2. Exclusionary Rule doesn’t apply to grand jury proceedings parole or civil proceedings violations of knock and announce rules or evidence seized as a result of a Miranda violation.

Fifth Amendment

0 Correct out of 7
  1. Miranda Warnings apply to individuals when in custody and interrogated.
  2. Miranda Warnings is the right to remain silent as anything said can be used against them right to an attorney and if they cannot afford an attorney, one will be appointed to them.
  3. Retrial occurs when hung jury manifest necessity successful appeal breach of a plea agreement or separate sovereigns.
  4. Double Jeopardy occurs when the defendant cannot be retried for the same offense if jury is sworn in first witness is sworn in or a court accepts a plea agreement.
  5. Waving Miranda occurs when knowing voluntary and intelligently made.
  6. Fifth Amendment of the United States Constitution protects any person in any proceeding whom have the right to not respond to questions that might incriminate themselves.
  7. Invoking Miranda occurs when an individual invokes the right to remain silent or right to their fifth amendment right to counsel.

6th Amendment

0 Correct out of 1
  1. Sixth Amendment Right to Counsel attaches automatically when charges have been filed and offense specific.

Trial Procedures

0 Correct out of 5
  1. Plea Bargain occurs when the Defendant’s plea is voluntary intelligently made and understands the nature of their charge including critical elements, maximum penalty, right to plead not guilty, and right to a jury trial.
  2. Confrontation Clause grants every Defendant the right to confront the witnesses when an out of court statement is offered against the Defendant in a criminal case and may be excluded if the declarant is unavailable.
  3. Jury Requirements consist of at least 6 jurors unanimous decision jury pool must be a representative cross-section of the community right to an impartial jury and afforded peremptory challenges.
  4. Admissions must be made voluntarily and based on the totality of the circumstances.
  5. Grand Jury Proceedings are required in federal court held in secret where suspect has no right to confront witnesses no right to Miranda warning and no right to counsel.

8th Amendment

0 Correct out of 2
  1. Cruel and Unusual Punishment consists of any cruel or unusual punishment is banned that is grossly disproportionate to the charged offense.
  2. Death Penalty is only imposed if the victim dies as a result of the Defendant’s crime unless the Defendant was a minor when the crime was committed mentally disabled insane at the time of the criminal execution or conviction was for felony murder when Defendant was not a participant or didn’t act with depraved heart.
  • Personal Jurisdiction
  • Subject Matter Jurisdiction
  • Venue 
  • Service of Process
  • Interlocutory Injunctions
  • Pleadings and Motions
  • Joining Claims
  • Class Actions
  • Discovery
  • Pretrial, Trial, and Appeal 

Personal Jurisdiction

0 Correct out of 6
  1. Personal Jurisdiction is the court’s ability to exercise authority over a party or party’s property.
  2. Personal Jurisdiction consists of in persona in rem or quasi in rem.
  3. Personal Jurisdiction is lawful if service of process is done in the forum state domiciled in the forum state consent to jurisdiction or Defendant’s actions fall within state’s long-arm statutes.
  4. Fairness Factors requires Due Process to be fair when relatedness of contacts and claims convenience and state interest.
  5. Minimum Contacts with the forum state must be present such that it doesn’t offend the traditional notions of fair play and substantial justice.
  6. Notice requires that Defendant must be sufficiently notified of a pending lawsuit in which notice must be reasonably calculated under the circumstances to apprise interested parties of the action and afford an opportunity to be heard.

Subject Matter Jurisdiction

0 Correct out of 15
  1. Natural Citizens are citizens of the state where they are domiciled at the time of the lawsuit.
  2. Amount in Controversy is the Plaintiff’s complaint must make a good faith allegation of the damages and exceeds $75,000 excluding interest and costs.
  3. Subject Matter Jurisdiction is Federal courts must have authority over the claim in question with either Diversity Jurisdiction Federal Question Jurisdiction Supplemental Jurisdiction or Removal Jurisdiction
  4. Removal Jurisdiction is the Defendant can remove a case, other than diversity jurisdiction filed in Defendants home state, if federal court would have had subject matter jurisdiction all Defendants agree and remove within 30 days of service of first removable opportunity.
  5. Business Corporations are citizens of every state where incorporation occurs and where the corporation maintains a principal place of business.
  6. Aggregation is the Plaintiff’s compiling of multiple claims against a single Defendant to meet the $75,000 requirement.
  7. Diversity Jurisdiction is Federal courts have subject matter jurisdiction over controversies between citizens of different states and amount in controversy exceeds $75,000.
  8. Supplemental Jurisdiction allows federal courts to hear additional claims that on their own would not meet Diversity or Federal Question Jurisdiction if case is already in federal court and each additional claim must share a common nucleus of operative fact with an existing claim.
  9. Unincorporated Businesses are Citizens of all states in which any partner or member is a citizen.
  10. Exclusive Jurisdiction is when Federal courts have exclusive jurisdiction over certain types of claims including bankruptcy intellectual property federal anti-trust claims or postal matters.
  11. Domicile factors include physical presence in the state and intent to remain in that state.
  12. Erie Doctrine is the federal courts application of state substantive law and federal procedural law when there is a valid federal law that is on point and directly conflicts with state law or if no federal law is on point, then apply either state law if outcome determinative or law that has a stronger interest or prevent forum shopping.
  13. Federal Question is when Federal courts have jurisdiction over proper pleaded claims arising under federal law if the federal question appears on the face of the complaint and not based on allegations or potential defenses.
  14. Citizenship for Complete Diversity is every Plaintiff must be of diverse citizenship from every Defendant.
  15. State Substantive Law will always govern elements of a claim or defense statute of limitations conflict or choice of law rules or rules for tolling statute of limitations.

Venue

0 Correct out of 2
  1. Venue is proper in the judicial district where the Plaintiff brings the suit when any district where any Defendant resides location of claim location of property or Defendant is subject to Personal Jurisdiction.
  2. Venue Transfer is a case may be transferred from one federal court to another federal court, unless venue is proper, if the case could have been filed there or all parties consent to the transfer.

Service of Process

0 Correct out of 4
  1. Service of Process is the delivery to the Defendant of the summons and complaint.
  2. Waiver is when the Plaintiff requests that Defendant waive service of process by mailing the Defendant the complaint and a formal request to waive service.
  3. Any individual may serve who are 18 or older and a non-party.
  4. Acceptable Methods of Service of Process may be completed by personal service substituted service service upon Defendants authorized agent mail or any method permitted under state law.

Interlocutory Injunctions

0 Correct out of 2
  1. Preliminary Injunctions are a court order requiring a person to do or to cease doing something may be granted if the moving the party will suffer irreparable harm that does not outweigh harm to the adverse party and likely hood of success on the merits.
  2. Temporary Restraining Order are issued by a court when necessary to prevent irreparable injury to a party that will result before a hearing can be heard and lasts up to 14 days from issuance.

Pleadings and Motions

0 Correct out of 16
  1. Motion for a more definitive statement is the Defendant requires more information to answer the complaint if the complaint is vague or ambiguous.
  2. Complaint is the initial pleading filed by the Plaintiff to begin the lawsuit which requires statement of jurisdiction statement of the claim and demand for judgement.
  3. Motion to strike is the Defendant request to strike any redundant immaterial impertinent or scandalous material in the complaint.
  4. An amendment will relate back to a new claim if same conduct same transaction or occurrence as the original pleading.
  5. Rule 11 certifications require the attorney or pro se party, to the best of their ability, certify that the filing is not for an improper purpose non-frivolous legal contentions made are warranted by law and factual contentions and denials have or likely to have evidentiary support.
  6. Cross Claims are a claim asserted by a co-party that have independent jurisdiction and same transaction or occurrence.
  7. Answer is a response to the complaint in which Defendant states defenses to each claim asserted and admit or deny each claim of Plaintiff’s complaint.
  8. Rules 11 sanctions require safe harbor for 21 days to allow the opposing party to remedy the issue and a required hearing.
  9. An amendment will relate back to a new or substituted Defendant if the amendment concerns the same conduct, transaction, or occurrence or occurs within 90 days of filing of the original pleading when the Defendant knew or should have known about the filing.
  10. Parties may only amend without a right when written consent from the adverse party was given or leave of court.
  11. Motion for judgement of the pleadings is a judgement rendered by the court prior to a verdict resulting from no material issue of facts exists and one party is entitled to judgement as a matter of law.
  12. Relation Back Doctrine applies when a party amends a pleading to add a new claim add or substitute a new Defendant or after the statute of limitations has run.
  13. Compulsory Counterclaim is a clam by the Defendant against the Plaintiff that arises from the same transaction or occurrence as any of the Plaintiffs claims.
  14. Permissive Counterclaim is a claim by the Defendant against the Plaintiff that does not arise from the same transaction or occurrence.
  15. Rule 12 Motions are a Defendant’s response to the validity of Plaintiff’s complaint consisting of lack of subject matter jurisdiction lack of personal jurisdiction improper venue insufficiency of process insufficiency of service of process failure to state a claim or failure to join a necessary party.
  16. Parties may amend their pleadings once as a matter of course if within 21 days after service or if the pleading is one which requires a response within 21 days.

Joining Claims

0 Correct out of 9
  1. Permissive Intervention is allowed at the court’s discretion if either absentee has a claim or defense that shares a common question of law with the underlying action absentee has a conditional statutory right or absentee is a governmental officer or agency.
  2. Intervention as a right is when a non-party must join an already pending suit if either absent non-party’s interest will be harmed if not joined or absent non-party has an unconditional statutory right.
  3. Indispensable Party is a necessary party who cannot join in which the court could dismiss the claim after evaluating alternative forum availability likelihood of prejudice shape potential relief to avoid prejudice and adequate remedies available for the Plaintiff if case is dismissed.
  4. Statutory Interpleader allows a property holder to initiate a suit to compel claimants to the property to litigate a dispute if less than or equal to $500 minimal diversity is present deposit property with the court and nationwide service.
  5. Rule 22 Interpleader allows a property holder to initiate a suit to compel claimants to the property to litigate a dispute if Federal Question Jurisdiction or Complete Diversity Jurisdiction no nationwide service required and no deposit with the court required.
  6. Permissive Joinder is when the Plaintiff seeks to join non-parties as co-plaintiffs or co-defendants if the event is of the same transaction or occurrence common questions of fact or law arise and court has jurisdiction over parties and claims.
  7. Necessary Parties must be under personal jurisdiction of the court and joining the parties will not destroy diversity jurisdiction.
  8. Necessary Parties are absent parties may be forced to join the suit when either without absentee court cannot grant complete relief absentee’s legal interest may be impaired or absentee has an interest that creates a risk of multiple or inconsistent rulings.
  9. Impleader allows Defendant to join a non-party who may be liable to Defendant for all, or part of the claim brought by Plaintiff against the original Defendant if Defendant impleaded a third-party defendant by filing a complaint within 14 days after serving their answer Defendant cannot claim that third party Defendant is solely liable to Plaintiff and court must have personal jurisdiction over impleaded party.

Class Actions

0 Correct out of 8
  1. Rule 23(b) of Class Actions for Monetary Damages means a large class action can be sought if common question of law or fact are predominated over individual questions class action is superior to other procedures to resolve the dispute class members may opt out and must receive reasonable notice.
  2. Personal Jurisdiction for class actions apply to named class members and require due process satisfied by reasonably adequate notice to class members opportunity to opt out if applicable and adequate representation.
  3. Judgement for class action lawsuits binds all absent class members unless opt out is applicable.
  4. Rule 23(b) of Class Actions for Injunctive Relief means an injunctive judgement can be obtained if damages cannot be sought notice may be at the discretion of the court and no right to opt out.
  5. Diversity Jurisdiction for class actions require diverse class representatives from all opposing parties and one class representative claim that exceeds $75,000.
  6. Class Action Certification is a court’s determination whether to allow the case to proceed as a class action if defined class and appointed counsel must fairly and adequately represent the interest of the whole class.
  7. Rule 23 of Class Actions means an individual or small group can represent a larger class sharing a common question in a lawsuit if numerosity commonality typicality and adequacy are all present.
  8. Settlement for class action lawsuits must be approved by the court fair reasonable and adequate.

Discovery

0 Correct out of 15
  1. Physical or Mental Examination of another party is available through the court when the party’s health is at issue and good cause is shown for the purpose of the examination.
  2. Discovery is material if non-privileged relevant to a claim or defense and proportional to the needs of the case.
  3. Meet and Confer must take place 21 days before scheduling conference to discuss claims, defenses, and settlement and develop a plan for discovery.
  4. Mandatory Disclosures are required to the opposing party regardless of request including sources of discoverable information damages sought and insurance.
  5. Work Product Privilege protects material prepared in anticipation of litigation or trial are not discoverable unless the opposing party shows substantial need for the material and undue hardship to obtain the materials by other means.
  6. Pretrial disclosures require the parties of the suit to give detailed information about the evidence to be used at trial 30 days prior to trial.
  7. Request for Admission are written requests to parties to answer the truth of discoverable information with an admit denial or lacks sufficient knowledge within 30 days of service.
  8. Requests for Production are written requests to one party to make documents or other items within the parties control available for review copy or inspection within 30 days after service.
  9. Discovery is a court mandated process of acquiring producing information from parties and non-party witnesses.
  10. Undiscoverable privileged material includes attorney-client work product physician patient clergy marital journalist source and Fifth Amendment right of self-incrimination.
  11. Depositions are oral proceedings in which an attorney examines the party under oath not exceed 7 hours and no more than 10 total depositions.
  12. Protective Order is a court order limiting discovery of material sought by a party to prevent disclosure of privileged material where the moving party must certify they have or attempted to meet and confer to resolve the dispute.
  13. Interrogatories are written questions proposed by one party to an opposing party to ask about the identity of documents and people who have knowledge pertinent to claims and defenses limited to 25 questions per party and respond within 30 days of service.
  14. Expert disclosures require the identity of experts who may be used at trial and must occur at least 90 days prior to trial produce a report containing experts’ opinion data used and qualifications.
  15. Attorney Client Privilege protects information exchanged confidentially between an attorney and client when made between client and counsel intended to be and kept confidential and was made for the purpose of obtaining or providing legal advice.

Pretrial, Trial, and Appeal

0 Correct out of 11
  1. Default Judgement entered by Clerk may occur if Plaintiff files for default judgement against Defendant Defendant has not responded at all Claim is for money damages Plaintiff provides an affidavit of sum owed and Defendant is not a minor or incompetent.
  2. Issue Preclusion prevents re-litigation of a particular issue of fact or law that have been previously litigated when final judgement on the merits same issue issue was essential to judgement and asserted against actual party in previous case.
  3. Claim Preclusion occurs when one party had an opportunity to litigate the claim and cannot refile once final judgement has been ordered if same parties same claim final judgement on the merits.
  4. Voluntarily Dismissal occurs when the Plaintiff dismisses their case with cause or without cause.
  5. Summary Judgement can be filed by either party no less than 30 days after the close of discovery where the moving party must show no genuine issue of material fact and moving party is entitled to judgement as a matter of law.
  6. Motion for New Trial may be filed by either party within 28 days after entry of judgement and judgement was entered based upon a serious error.
  7. Motion to Set Aside Judgement or Order may be granted by a court to relieve a party from judgement or order when any of the following are present a mistake was made new undiscoverable evidence at time of trial fraud or misrepresentation void judgement judgement has been satisfied or discharged any other reason that justifies relief.
  8. Judgement as a Matter of Law is a motion brought by either party prior to the case going to jury and a reasonable jury would not have sufficient evidentiary basis to disagree with the result.
  9. Interlocutory Appeals can be filed prior to judgement when the appeal pertains to injunction class action certification collateral order appointment of receivership admiralty bankruptcy mandamus and property.
  10. Renewed Judgement as a Matter of Law is a motion brought by either party after the court enters judgement based in the jury verdict renewed by the losing party brought within 28 days after entry of judgement and there is insufficient evidence for a reasonable jury to have reached the verdict.
  11. Appellate Courts review protentional errors by lower courts when appealed within 30 days of entry of final judgement de novo standard of review and questions of facts will not be disturbed.
  • Estates in Land
  • Concurrent Estates
  • Leasehold Estates
  • Servitudes
  • Adverse Possession
  • Land Sale Contracts
  • Mortgages

Estates in Land

0 Correct out of 10
  1. Fee Simple Subject to Condition Subsequent is a potentially infinite fee simple estate that grantor retains the right of reentry not automatically forfeited and freely transferable.
  2. Fee Simple Subject to an Executory Interest is a potentially infinite fee simple estate that automatically transfers upon a given event or condition to a third party that is freely transferable.
  3. Fee Simple Determinable is a fee simple estate which is potentially infinite that occurs automatically upon a given event or condition grantor retains a possibility of reverter and freely transferable.
  4. Vested Remainder is a remainder that automatically becomes possessory upon the natural expiration of the preceding events if indefeasibly vested remainders vested remainders subject to total divestment or vested remainder subject to open (a class gift).
  5. Affirmative Waste is a type of waste that the Life Tenant cannot consume or exploit the natural resources of the land except necessary for repairs grant expressly gives right to exploit or lands was exploited prior to grant.
  6. Permissive Waste is a type of waste where the Life Tenant cannot harm the property including neglect not paying taxes or interest on encumbrances.
  7. Life Estate is an interest in land that lasts only for the life of the interest holder.
  8. Ameliorative Waste is a type of waste where the Life Tenant commits waste that economically benefits the land.
  9. Contingent Remainder is a remainder that is not automatically possessory but contingent if subject to a condition precedent or created in favor of an unascertained person.
  10. Rule Against Perpetuities is an interest in land must vest or fail within a life in being at the time of creation no later than 21 years.

Concurrent Estates

0 Correct out of 6
  1. Joint Tenancy is an estate that is created when time title interest and possession concurrently exist among the tenants when they take their interest.
  2. Severance of a Tenancy by the Entirety creates a Tenancy in Common when death of one co-tenant mutual agreement by the parties in writing issuance of a divorce decree and execution by a joint creditor.
  3. Tenancy in Common is an estate with multiple tenants in which each co-tenant owns a distinct undivided interest while each has a right to possess the whole estate that is freely transferable and no survivorship rights.
  4. Tenancy by the Entirety is an estate that is created when time title interest possession and marriage concurrently exist among when the tenants take their interest.
  5. Possession is when each co-tenant has the right to possess the whole.
  6. Severance of a Joint Tenancy creates a Tenancy in Common with respect to the severed interest.

Leasehold Estates

0 Correct out of 18
  1. Tenant’s Duty at common law for leasehold estates consist of ordinary repairs not commit waste pay rent and use property in a legal manner.
  2. Actual Eviction is the Landlord wrongfully evicts or excludes the tenant from the property.
  3. Tenancy at Will terminates upon will or by operation of law.
  4. Fixture is a once movable object that is fixed to real property such that it becomes part of the real property.
  5. Implied Covenant of Quiet Enjoyment is the Tenant’s right to use and enjoy the land free from interference with the Landlord.
  6. Periodic Tenancy terminates when a tenant gives proper notice that is sufficiently timed and the effective termination date is at the end of the periodic tenancy.
  7. Implied Warranty of Habitability means the residential property is fit for human dwelling.
  8. The four types of leasehold estates in which the tenant has a present possessory property interest, and the landlord has a future interest are tenancy for years periodic tenancy tenancy at will and tenancy at sufferance.
  9. Landlord’s Duties and Warranties to tenant consist of duty to deliver possession implied covenant of quiet enjoyment implied warranty of habitability and tort liability.
  10. Tenancy at Will is a leasehold estate with no fixed duration and terminable by either party at any time without notice.
  11. Breach of the Implied Warranty of Habitability grants the Tenants remedies against the landlord consisting of move-out repair reduce or withhold rent or remain and seek damages.
  12. Periodic Tenancy is a leasehold estate that is created when express agreement Implication or operation of law that is continuous for successive intervals.
  13. Tenancy at Sufferance is created when the tenant wrongfully possesses the property beyond the lease expiration.
  14. Assignment consists of a Tenant’s entire transfer of the leasehold estate to an assignee.
  15. Sublease consists of a Tenant’s partial transfer of the leasehold estate from sublessor to sublessee.
  16. Constructive Eviction is the Landlord’s action or inactions render the property uninhabitable whereupon there is substantial interference notice was given to Landlord about interference and tenant must vacate within a reasonable period after the landlord fails to repair the substantial interference.
  17. Operation of law occurs when death by either party waste by the tenant assignment by the tenant transfer of title by the landlord or lease by the landlord to a third party.
  18. Landlord’s Tort Liability to Tenant for injuries occurring on the leased property consist of common areas latent defects assumption of repairs public use or seasonal or short-term lease of a furnished dwelling.

Servitudes

0 Correct out of 17
  1. Profit is a non-possessory property interest entitling the holder to enter a servient estate to remove resources from the land.
  2. Equitable Servitudes are covenants that are enforced through equity against successors through injunctive relief which must be in writing intent touches and concerns the land and notice.
  3. Covenant is a promise to do or refrain from doing something related to one’s land.
  4. License is a revocable right to use another’s land.
  5. Easement by Implication is an easement based upon prior use where an easement exists prior to division of land continuous and apparent use by the common Grantor use is reasonably necessary for enjoyment of the dominant tenant and parties intended the use after the division of land.
  6. Defenses to Equitable Servitude include change in neighborhood estoppel acquiescence uncleans hands doctrine or laches.
  7. Easement is a non-possessory interest that confers a right to uses another’s land.
  8. Easement may be terminated by estoppel necessity ends destruction of servient tenement release abandonment merger prescription or expiration.
  9. Reciprocal Negative Servitude are covenants where the land is subdivided into parcels with restrictions attached that are created by common plan or scheme or notice.
  10. Benefiting covenant that runs with the land requires writing intent touches and concerns the land and vertical privity only.
  11. Covenant terminates upon written releases merger of benefited and burden estates or condemnation of burdened property.
  12. Easement in Gross is a type of easement which entitles an individual or entity to use the servient estate.
  13. Burdening covenant that runs with the land must be in writing have intent touches and concerns the land horizontal and vertical privity and notice.
  14. Negative Easement is created only by an express grant where the holder of the easement prevents the servient landowner from engaging in otherwise permissible actions such as light air support or stream of water from an artificial flow.
  15. Easement by Necessity is an easement where access to and from the property is impossible without the easement and expires when the necessity ends.
  16. Easement Appurtenant is a type of easement that passes automatically entitles a dominant estate owner to use the servient estates land.
  17. Easement by Prescription requires the use of another’s land to be continuous open and notorious actual and hostile.

Adverse Possession

0 Correct out of 2
  1. Adverse Possession is when a trespasser acquires title to another’s property without compensation if the trespasser’s possession of the land is continuous for the statutory period open and notorious actual and exclusive and hostile.
  2. Tacking permits an adverse possessor to add the current period of possession to that of another’s prior adverse possession to establish continuous control if successive and privity between the possessors.

Land Sale Contracts

0 Correct out of 11
  1. General Warranty Deed is a deed that must contain all covenants including seisin right to convey against encumbrances quiet enjoyment warranty and further assurances.
  2. Estoppel by Deed is a Grantor who conveys title to land in which the Grantor does not then own cannot acquire the same land.
  3. Deed is the legal title which passes from Seller to Buyer that is lawfully executed and delivered.
  4. Land Sale Contract must contain promise to provide marketable title promise to disclose and make no materially false statements.
  5. Race Statute is the first grantee to record prevails regardless of whether the buyer was a bona fide purchaser.
  6. Bona Fide Purchaser for Value is one who purchases property for value without notice of the prior conveyance including actual notice inquiry notice or record notice.
  7. Contract for the Sale of Land must comply with the statute of frauds and be in writing signed by the parties to be charged and articulate the essential terms of the land sale.
  8. Equitable Conversion is the transfer of real property to the Buyer during the escrow process prior to deed delivery from the Seller.
  9. Race Notice Statute is the first subsequent bona fide purchaser to record prevails.
  10. Notice Statute is the subsequent bona fide purchaser always prevails over a prior grantee who fails to record.
  11. Wild Deed is a recorded deed that is unconnected to the chain of title.

Mortgages

0 Correct out of 2
  1. Acceleration Clause is a loan agreement that requires the mortgagor to pay the full loan immediately if certain conditions are not met.
  2. Purchase Money Mortgage is a security interest on the land that is used as collateral to acquire the loan for the land.
  • Agency
  • Types of Partnerships
  • Liability
  • Corporations
  • LLC

Agency

0 Correct out of 10
  1. Agent Rights afforded to the principal are loyalty obedience and care.
  2. Apparent Authority occurs when the Principal holds the agent out as having authority to act on the Principal’s behalf and the Principal’s conduct causes a third party to reasonable rely on the Agent’s appearance of authority.
  3. Respondent Superior means the Principal will be liable when there is an existence of an employer-employee relationship and that conduct was within the scope of the employee’s employment.
  4. Actual Authority is given by the Principal to the Agent in either express authority or implied authority.
  5. Ratification occurs when the Agent acts on behalf of the Principal Principal has knowledge of the facts and Principal affirmed those actions.
  6. Agency Relationship is created by a Principal and an Agent when there is the presence of control consent or acting on behalf of the Principal.
  7. Independent Contractors are generally not liable for committing acts outside the scope of employment on behalf of the Principal.
  8. Principal Rights afforded to the agent are compensation cooperation and reimbursement.
  9. Termination of an agency relationship occurs when expressed by the parties expiration or purpose is fulfilled.
  10. Liability of the Principal and Agent to the Third Party will depend if the Agent had authority from the Principal in which the Principal is liable to the third party or if the Agent disclosed to the Third Party the Principals identity.

Types of Partnerships

0 Correct out of 11
  1. Contract Liability extends to all partners for any contract made within the scope of the partnership and any other expressly authorized contract.
  2. Proving a Partnership exists consists of parties intent profit sharing parties control capital contributions or the ownership of property.
  3. Dissolution is the termination of the partnership.
  4. Partnership Property consists of capital contribution by each party property titled in the partnership’s name partnership purchases or use of property by the partnership.
  5. Limited Partnership is a partnership consisting of one or more general partners and a limited partner whom file the appropriate statement with the state.
  6. Fiduciary Duty owed by the partners to the partnership consist of loyalty and care.
  7. General Partnerships are an association of two or more people as co-owners in a for-profit business.
  8. Limited Liability Partnership is created by approval by vote of each partner and filing the appropriate statement with the state.
  9. Dissociation is the act of any partner ceasing to be associated and carrying out the partnership business.
  10. Partnership Books are freely available for partners to inspect and copy partnership information.
  11. Profits and Losses of the partnership are shared equally upon each partner absent a written agreement and transferable.

Liability

0 Correct out of 2
  1. Liability of each partner in a Limited Liability Partnership is limited to the partnership itself and each partner is still liable for their own acts.
  2. Liability of a Limited Partnership consists of the general partners personal and jointly and several liability for all partnership obligations.

Corporations

0 Correct out of 23
  1. Conflict of Interest is a personal interest of a transaction with the corporation.
  2. Corporation is a legal entity that is separate from its owners.
  3. Derivative suits are a shareholders suit to enforce the rights of the corporation when a cause of action exists by the corporation, but the corporation fails to pursue it.
  4. Business Judgement Rule is the court’s ability to ignore the business decision if the decision was made in good faith in the best interest of the corporation and with the care a person in a similar position believed to appropriate under the circumstances.
  5. Liability of the Promoter consists of personally liability for all contracts formed prior to corporation formation.
  6. Piercing the Corporate Veil are acts done by a valid court which hold liable the shareholders directors or officers for their actions or debts.
  7. Debt is when a corporation borrows funds from a lender and promises to pay the loan back.
  8. Duty of Loyalty of the corporation is owed by directors and officers.
  9. Direct suits are a shareholder’s pursuit of legal action towards a corporation corporation’s officer or a director.
  10. Proxies are shareholders ability to vote in writing.
  11. Demand on the corporation for a Derivative suit must be in writing demand the corporation act and wait 90 days before filing suit.
  12. Dissolution of the corporation is the termination of the corporation when winding up occurs liquidate assets and no new business is carried out.
  13. Quorum is the present majority of shares eligible to vote.
  14. Funding for corporations derive from debt stocks or a combination of debt and stocks.
  15. Promoter is an individual that acts on behalf of a yet to be formed corporation to raise capital conduct corporate planning or assist in corporate formation.
  16. Meetings are conducted by the shareholders and the corporation where there are two types of meetings such as annual and special meetings where notice is required.
  17. Shareholder Authority is the power of the shareholders to exert control over the corporation by appointing directors drafting bylaws or approve fundamental changes of the corporate structure.
  18. Article of Incorporation form a corporation when filed within the state that consist of corporation name incorporators number of shares and the registered agent.
  19. De Facto Corporation is a failed corporation formation where the corporation continues and will be treated as a properly formed corporation if a law exists in which the corporation could become legally incorporated conducted business in corporation name and good faith effort to comply with state’s incorporation laws.
  20. Stocks reflect the investment in the corporation by shareholders who become part owners of the corporation.
  21. Merger is when two or more company’s combine into a single company after a board vote and shareholder votes favored the merger.
  22. Bylaws are written rules for managing the corporation and shall be enacted by the incorporators or board of directors.
  23. Ultra Vires are corporate acts outside the stated purpose where the consequences consist of a shareholder suit corporation suit or state action.

LLC

0 Correct out of 4
  1. Manager Managed LLC is when only the managers owe a duty of care and loyalty to each manager and the LLC.
  2. Limited Liability Company is created when certificate is filed within the forum state name of the LLC address of the LLC and name of registered agent.
  3. Good Faith and Fair Dealing is owed by all members and managers of the LLC.
  4. Member Managed LLC is when all members owe a duty of care and loyalty to each member and the LLC.
  • Jurisdiction
  • Marriage
  • Divorce
  • Property
  • Custody
  • Support
  • Adoption

Jurisdiction

0 Correct out of 1
  1. Jurisdiction in the forum state is established when one spouse has domiciled in the forum state for at least 6 months.

Marriage

0 Correct out of 5
  1. State of Mind required for marriage is capacity and intent.
  2. Pre-Marital Agreements are legally enforceable contracts between the parties that provide distribution of the marital assets when in writing voluntary and full and fair disclosure.
  3. Post-Marital Agreements are legally enforceable contracts formed after the marriage to divide the marital property if voluntary each spouse has adequate representation and time to review the disclosure.
  4. Marriage is the legal union of two individuals when a license is obtained by the state and solemnized.
  5. Common Law Marriage occurs when a couple is considered legally married if consent holding themselves out to the public as married and cohabitation.

Divorce

0 Correct out of 2
  1. Divorce is a decree that terminates the marriage when irretrievably broken living separate and apart for more than 6 months or incompatible.
  2. Annulment is a judicial declaration that a marriage was void and never valid if due to bigamy or polygamy incapacity consanguinity or age.

Property

0 Correct out of 4
  1. Property that is acquired during the marriage is presumed to be marital property unless owned prior to the marriage and kept separate gifts or inheritance in their sole name or passive income from separate property.
  2. Equitable Division of Property refers to the courts process of dividing separate property and the property acquired during the marriage on an equitable basis.
  3. Community Property is property acquired during the marriage will be split fairly between the spouses.
  4. Comingled property is separate property that is mixed with marital property and becomes martial property.

Custody

0 Correct out of 1
  1. Custody is the primary standard of care to determine to all parenting time sharing and support is in the best interest of the child.

Support

0 Correct out of 3
  1. Modification of support must show a substantial material unanticipated change of circumstances.
  2. Child Support is the duty of both parents to support their child until at least 18 years of age unless dependent is mentally or physically handicapped.
  3. Spousal Support is the support of one spouse by another spouse in the form of pendente lite bridge-the-gap rehabilitative durational or permanent alimony.

Adoption

0 Correct out of 1
  1. Adoption requires the consent to of both biological parents and terminates the legal relationship between the parent and child.
  • Will Trusts and Estates

Will Trusts and Estates

0 Correct out of 28
  1. Pretermitted Children are children born or adopted after the will was executed.
  2. Ademption is the gift of specific property that is no longer available in the estate.
  3. Disclaimer is the act of one party disclaiming the party’s interest in the decedent’s estate that would have passed to the other party.
  4. Simultaneous Death means one spouse cannot take as heir to the beneficiary unless the spouse survives the decedent with sufficient evidence one spouse died first or there is clear evidence the spouse survived more than 120 hours than the other spouse.
  5. Trust requires the settlor to have capacity intent to create the trust definite beneficiary named competent trustee clear disposition of settlor’s specific property and valid purpose of the trust.
  6. Integration is when separate documents become integrated in the will when the documents were present at the time of the will’s execution and intent of the Testator to be included.
  7. Constructive Trust is an equitable remedy to rectify unjust enrichment.
  8. Abatement is when the estates value is insufficient to pay obligations and must reduce gifts to satisfy those obligations.
  9. Incorporation by Reference are documents that are not part of the will may be incorporated when Testator’s intent to incorporate document is authenticated and document existed.
  10. Undue Influence occurs when influence was placed on the testator the testator’s free will and mind were overpowered and the testator’s will would not have been executed but for the undue influence.
  11. Advancements are a gift made during the testator’s life or decedents life with the intent that the gift be applied to any share the party would receive.
  12. Testamentary Intent is the intent of the individual that this is their will.
  13. Revocation is the act of the testator to revoke the will at any time by revocation evidenced in writing revocation by physical act or partial revocation.
  14. Intervivos Gift is a gift given by a living person to another with intent delivery and acceptance.
  15. Resulting Trust is a failed express trust resulting in a trust implied by law.
  16. Contesting a will requires an individual with a pecuniary interest in the beneficiaries.
  17. Fraud occurs when the testator was intentionally deceived and the testator relied upon those misrepresentations.
  18. Attestation Clause is a clause immediately preceding the will and above the signatures that certifies the will requirements have been fulfilled.
  19. Revival is the act of revoking the instrument that revoked the will thus reviving the prior will.
  20. Capacity is required for a will to be valid at the time of execution when the individual is over the age of 18 they understand the act of the will the property to be disposed the people who are to benefit from the estate and the nature of the disposition in a common scheme.
  21. Trustees Duties consist of a duty to administer loyalty report contain property protect the trust and preserve property.
  22. Adopted Children are treated the same as a natural child for purposes of intestate succession.
  23. Slayer Statute is one who kills their spouse forfeits the decedents estate.
  24. Wills are the instrument that directs the distribution of property of the decedent and shall be in writing signed by the testator and signed by at least two witnesses.
  25. Holographic Wills are handwritten wills that must be in the testator’s handwriting reflect the intent to make a will and signed by the Testator.
  26. Intestate Succession is the distribution of property of the decedent without a will.
  27. Codicils are changes amendments or modifications to an already existing will that meet the will requirements.
  28. Trust is a fiduciary relationship in which one party holds legal title to property for benefit of designated beneficiaries.
  • Secured Transactions

Secured Transactions

0 Correct out of 15
  1. Purchase-Money Security Interest is a security interest in the purchase-money collateral that was purchased in part by the debtor with funds given to create the security interest.
  2. Perfection is notice to third parties of the secured party’s interest in the collateral.
  3. Fixture Filing is a financing statement filed in the county where the property is located which the fixture was attached to the real property.
  4. Priority is where the creditor stands against other third parties that may have a right in the collateral.
  5. Accessions are goods that are physically united with other goods.
  6. UCC Financing Statement is a written authenticated record of the debtor with the correct spelling of the debtor’s name the creditor’s name and description of the collateral.
  7. Attachment allows the creditor to enforce the security interest against the debtor when the security agreement is properly executed.
  8. Rights on Default arises when the debtor fails to fulfill their obligations to the creditor causing collections repossession sale of the collateral redemption of strict foreclosure.
  9. Security Agreement shall contain value of the collateral signed by the debtor and rights in the described collateral.
  10. Secured Transaction is governed by UCC Article 9 when intended to create a security interest in personal property or fixtures.
  11. After Acquired Property is property to be owned by the debtor in the future which allows the secured party to have an interest in existing property and future property.
  12. Collateral is property that is subject to a security interest or agricultural lien.
  13. Security Interests can be created by possession control or a security agreement.
  14. Certificate of Title is a notation on the title document that applies to cars excluding inventory or goods that are subject to title.
  15. Fixture is when personal property has become so affixed into the real estate that it becomes part of the real estate.

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