Using/loaning out a chattel without permission and its damaged causing almost have its value -
Conversion
Remedy is FMV
Which fact will a court not take JN of? Birthdate, the fact that D has filed 25 frivolous suits in a year, it
rained on a certain date, date of Independence Day - Birthdate
G...
MBE Barbri Questions & Answers | 100% Correct
Answers | Verified | Latest 2024 Version
Using/loaning out a chattel without permission and its damaged causing almost have its value -
✔✔Conversion
Remedy is FMV
Which fact will a court not take JN of? Birthdate, the fact that D has filed 25 frivolous suits in a year, it
rained on a certain date, date of Independence Day - ✔✔Birthdate
Gambler owes money and says he'll pay 9/10 of what he owes. You agree. - ✔✔No consideration for
modification. You can sue for the remainder.
Corporations cannot be found guilty of - ✔✔Manslaughter/killing under SL
What if a holdover tenant objects to the notice you gave that rent would increase? - ✔✔Doesn't matter.
He can write on a check that this is the "new rent payment" all he wants. He still owes what you noticed
him that he owes.
Firefighter rule - ✔✔When firefighter/police are hurt trying to rescue you, they cannot sue you even if
you put yourself in the position of peril
Congress can repeal its own enactments but - ✔✔It cannot do so when repeal violates a Q provision
(such as impairment of a contract already entered into)
Police in hot pursuit and reasonably believe the guy running committed a felony - ✔✔You step in cops
shoes. You can trip the fleeing suspect and are not liable for tort.
Ordinance saying no solicitation of charitable contributions without a permit - ✔✔SC has struck it down
as burden on free speech
,Seller agrees to sell car for 20k. Comes back and says his wife with part ownership doesn't allow for less
than 30. BoC? - ✔✔Yes REGARDLESS of whether or not the buyer knew the wife had part ownership. The
seller should have expressly conditioned the sale upon his wife's approval.
Defamation and matter of public concern (CEO of major employer in town bad at his job), D must prove -
✔✔Actual injury, such as loss of reputation, distress
Cop can/cannot make a warrantless arrest for misdemeanor? - ✔✔Cannot unless the misdemeanor was
committed in his presence.
So, if can't arrest, there's no search incident to a lawful arrest
If statute calls for a specific remedy for violation or a procedure for addressing it - ✔✔It cannot deprive
you of that remedy without DP. PROPERTY INTEREST HERE
D gives alibi of being in a different county. W testifies that D told her her he hasn't been out of the
country in years. What exception? - ✔✔None, it's an admission by a party opponent. Could also be a
prior inconsistent statement but admission is better bc why go thru the back door when you can go thru
the front.
Philanthropist dedicates park to city and its defectively designed - ✔✔Ps liability for negligence is not
affected by his dedication of the park to the city
K for services is/is not within the SoF - ✔✔Is not
What if a K has a no oral modifications clause? - ✔✔Can be waived this orally modified so long as
consideration (not suing on a breach) is present
Creditor beneficiary
Donee beneficiary - ✔✔Promisees primary intent is to discharge obligation to 3rd party (creditor)
Promise was gratuitous
, New Party assigned the leasehold interest... - ✔✔Owes rent to the landlord
And the duty to pay rent is due regardless of whether the landlord breached the lease that he bought
into
When the instruction to the jury contains some presumed fact - ✔✔The judge has to tell the jury that
they MAY but are not required to do so. Jury must know that they must prove all elements beyond
reasonable doubt.
Reverse and remand if not
Building a ditch from neighbors spring to your crop with permission is - ✔✔An irrevocable license if you
spent a lot of money in reliance
Not an easement appurtenant
Will devising trust "payable to children by 30 if graduate or to university". Valid under RAP? - ✔✔Yes,
valid charitable trust bc the children are lives in being when it goes into effect (at his death) and the trust
will vest within 21 years of their death
Charged with involuntary man and murder. Plead guilty to man. Judge dismisses murder and prosecution
objections. - ✔✔TC should be reversed bc DJ does not bar trial of murder charge
Bequeath saying "to the school for the life of my wife and then to my children; provided, however, the
school use for education only" - ✔✔Precatory language
If school violates, their interest doesn't terminate
An injunction will be granted and the damages will be impounded for future distribution
State legislature in his duties gives state/federal funds to all white school. Strongest argument for
legislature? - ✔✔10 A prevents the federal gov from interfering with a member of state legislature in
performance of his duties
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