Exam (elaborations)
UBE BAR EXAM ANSWER-INTEGRATED EXAM 2024/2025
- Course
- UBE Bar
- Institution
- New York University
UBE BAR EXAM ANSWER-INTEGRATED EXAM 2024/2025
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UBE BAR EXAM ANSWER-INTEGRATED EXAM 2024/2025
To the buyer once the item is given to a common carrier Answer: F.O.B. (buyer's location) transfers
risk when
Yes Answer: Does Congress have the power to provide uniform rules for bankruptcy
1. At least 100 members
2. Primary Defendants are not states, state officials, or state entities
3. Does not involve securities related cases
4. Amount in controversy exceeds $5 million in sum
5. Minimum diversity (one P, one D from different states) Answer: Class Action Fairness Act
Requirements
Free and clear of an unreasonable risk of litigation at the time of closing Answer: Marketable title
must be
When the goods are identified (unless contract states otherwise) Answer: When does a buyer
acquire insurable interest in goods?
unlawful killing of another
with malice aforethought Answer: Common-law murder
Burglary
Arson
,Robbery
Rape
Kidnapping Answer: Crimes capable of Felony-Murder at common Law
ONE of the following
-Intent to kill
-intent to do serious bodily injury
-Reckless indifference for human life (depraved heart)
-Intent to commit a felony Answer: Malice aforethought
Murder in response to adequate provocation ("heat of passion")
Could inflame passion of a reasonable person to the extent they cat out of passion rather than reason
Answer: Voluntary manslaughter
Intentional Homicide committed with criminal negligence (recklessness under MPC) or during unlawful
act
Something less than depraved-heart murder Answer: Involuntary manslaughter
Trespassory
Taking and
Carrying away
of the personal property of another
With the intent (specific)
to permanently deprive person of property
,Does not include services Answer: Larceny
Larceny + force or threat of force Answer: Robbery
Owner of property entrusts property with another
The other then converts the property Answer: Embezzlement
Larceny
Accomplished by fraud or deceit
That results in conversion of property of another Answer: Larceny by trick
Making
Of a false writing
With apparent legal significance &
Intent to defraud Answer: Forgery
Obtaining title to property
of another person
Through the reliance of that person
On a known false representation of a material past or present fact
The representation is made with the intent to defraud Answer: False Pretenses
Determining
Ambiguous terms
, Condition precedent Answer: Prior extrinsic evidence allowed in Parol Evidence Rule
For "sum certain" - no notice
For all others - 7 days Answer: Default Judgment Notice Requirements
1- Representation by defendant's attorney must fall below objective standard of reasonableness
AND
2- Attorney's deficient performance prejudiced defendant Answer: Ineffective Assistance of Counsel
- Within 14 days of certification
- Whether to hear appeal is at court's discretion
- Final judgment rule does not apply Answer: How do you appeal Class Action Certification
- $500 in controversy
- Any 2 defendant diverse from Plaintiff Answer: Federal Statutory Interpleader Jurisdiction
NO Answer: Is a cross-claim mandatory
14 days after the last pleading Answer: Last time to demand jury trial
Pure comparative negligence
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