Gemini wrld

MBE Property SUMMARY In-class activity Actual Notice - direct knowledge of a fact, such as that a property to be acquired is encumbered, or information sufficient to make a prudent person inquire as to such fact Adverse Possession - way to acquire complete title to land as against all others, including the record owner, through Open, Continuous, Exclusive, Adverse, Notorious possession for the Statutory period easement appurtenant - right of one owner of land (dominant estate)...

MBE PRACTICE QUESTIONS A man and a woman were in a two-car traffic accident. Immediately after the accident, the man was treated by a physician at a nearby hospital's emergency room. The man later filed a negligence action against the woman in federal district court, seeking compensatory damages. The woman now seeks discovery regarding the emergency room physician's observations, opinions, and treatment of the man. Is the woman entitled to discovery regarding that information? - Yes, beca...

MBE Barbri 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 gu...

Evidence MBE In-class activity How should be approach an Evidence question? - 1. underline the cause of action 2. Situate the Proceeding (are we on direct, cross, redirect, def-witness, P's witness, etc?) 3. Determine the purpose for which the evidence is being offered (is substantive, for impeachment, or for character or credibility?) What are the 3 main Substantive Areas tested on the MBE? - Character evidence (5 ques) Impeachment (5 ques) Hearsay (12 ques) Where do the Fe...

MBE real Property In-class activity fee simple absolute - "A conveys black acre to B and his heirs" fee simple determinable - A conveys blackacre to B and his heirs as long as X doesn't happen on proeprty (until, while, as long as) if event occurs, property reverts to grantor fee simple subject to condition subsequent - created by words "provided that, but if, on condition that" A conveys Blackacre to B and her heirs but if liquor is sold on property then A has right of r...

MBE Flashcards In-class activity contract - a promise that the law will enforce offer - 1) Manifestation of intent to K demonstrated by a promise, undertaking, or commitment; 2) Communicated to an identified offeree; and 3) Definite and certain terms Irrevocable offer - 1) Merchant's firm offer under UCC 2) Option contract - consideration given 3) Detrimental reliance Termination by Operation of Law - 1) destruction of subject matter 2) supervening illegality 3) d...

MBE SUMMARY 2024 Equitable Reformation - Where a clerical error has been made in reducing an agreement to writing, a party may bring an action in equitable reformation to have the writing reformed to correct the writing or include the omitted provision. Lost volume seller - A seller who has enough supplies to meet the demands of their customers. Seller can recoup the contract price of a widget when - 1) where the buyer has accepted the goods; 2) where the goods are lost or dama...

MBE In-class activity Variance - A waiver of some restriction that the applicable zoning act would otherwise impose. Basically, this allows a proposed use that is inconsistent with a parcel's zoning. Doctrine of amoritization - Provides that where a particular use was valid under the prior zoning act, but is invalid under a newly-enacted zoning act, the non-nonconforming use may continue, but only for a specified period that will permit the owner to recover, or "amortize" her inv...

MBE Review In-class activity Defamation - Requires publication to a third person Intentional Infliction of Emotional Distress - Does not require physical harm Contract Formation - If buyer reserves the right to cancel no contract has formed Illusory (Contracts) - A promise that is so indefinite that the promisor has not actually promised to do anything (or refrain from doing something). UCC Breach Remedy - When a party breaches under the sale of good contract, give...

MBE Flashcards intentional infliction of emotional distress ( business conduct) - to maintain a claim for intentional infliction of emotional distress, a plaintiff must show that the defendant acts amounted to extreme and outrageous conduct, causing the plaintiff severe emotional distress, and that the defendant either intended to cause or was reckless in causing the emotional distress. Extreme methods of business conduct, including extreme methods of debt collection has been characterized...