Mixed Deck — All AL BAR Topics Flashcards

To establish negligence, a plaintiff must prove duty, breach, causation, and damages. The 'but-for' test establishes:

Answer: Actual cause (cause-in-fact)

The but-for test for actual cause asks whether the plaintiff's injury would have occurred but for the defendant's negligent conduct.

Relevant evidence may be excluded under FRE 403 when its probative value is substantially outweighed by the danger of:

Answer: Unfair prejudice, confusing the issues, misleading the jury, undue delay, or wasting time

FRE 403 permits exclusion when probative value is substantially outweighed by unfair prejudice, confusion, misleading the jury, or needless waste of time.

Which of the following best describes the concept of “jurisprudence”?

Answer: The study and theory of law

Jurisprudence refers to the philosophical study of law, encompassing its theories, principles, and nature. It explores fundamental questions about law, justice, and society, examining how legal systems operate and the underlying reasons for legal rules. This field provides a deeper understanding of the conceptual foundations of law.

Under Alabama law, which of the following is the proper way to terminate a periodic tenancy?

Answer: Notice equal to one full period, given prior to the end of a period

To terminate a periodic tenancy, the terminating party must give notice equal to the length of one period (e.g., one month for a month-to-month tenancy), effective at the end of a period.

O conveys 'to A, but if A sells alcohol on the premises, then to B.' What future interest does B hold?

Answer: Executory interest

B holds a shifting executory interest because if the condition occurs, title shifts from A to a third party (B) rather than reverting to the grantor.

Battery as a tort requires the defendant to have:

Answer: Intentionally caused an offensive or harmful contact with the plaintiff's person

Tort battery requires intent to cause a contact that is harmful or offensive, and the actual occurrence of such contact with the plaintiff or something closely connected to them.

The residual hearsay exception under FRE 807 permits admission of otherwise inadmissible hearsay when it has:

Answer: Strong circumstantial guarantees of trustworthiness and admission serves the interests of justice

FRE 807 allows residual hearsay with circumstantial guarantees of trustworthiness equivalent to the listed exceptions, when admission serves justice and notice is given.

The Tenth Amendment reserves powers not delegated to the federal government to:

Answer: The states or the people

The Tenth Amendment explicitly states that powers not delegated to the United States are reserved to the states respectively or to the people.

In Alabama, a deed must be recorded in which office to provide constructive notice to subsequent purchasers?

Answer: Probate court of the county where the land is located

In Alabama, deeds and other instruments affecting real property must be recorded in the office of the judge of probate of the county where the property is situated.

A grantor conveys Blackacre 'to A for life, then to B and her heirs.' B predeceases A. What happens to B's remainder interest?

Answer: It passes to B's heirs or devisees

A vested remainder is freely transferable and passes to B's heirs or devisees upon B's death because it is a property interest that existed at B's death.

Prior consistent statements of a witness are admissible as non-hearsay under FRE 801(d)(1)(B) when offered to:

Answer: Rehabilitate the witness after a charge of recent fabrication or improper influence

FRE 801(d)(1)(B) allows prior consistent statements to rehabilitate a witness whose testimony has been attacked as recently fabricated or improperly influenced.

Under the doctrine of forum non conveniens, a court may dismiss an action when:

Answer: An adequate alternative forum exists and the balance of private and public interests strongly favors dismissal

Forum non conveniens dismissal requires an adequate alternative forum and that private and public interest factors strongly favor litigating elsewhere.

Under strict products liability, a manufacturer is liable for a defective product when the product is:

Answer: Defective and the defect causes harm when the product is used as intended

Strict liability under Restatement (Second) § 402A applies when a product in a defective condition unreasonably dangerous causes harm during intended use.

Intentional infliction of emotional distress requires conduct that is:

Answer: Extreme and outrageous, intentional or reckless, and causes severe emotional distress

IIED requires outrageous conduct beyond all reasonable bounds of decency, committed intentionally or recklessly, that actually causes severe emotional distress.

A grantor conveys property 'to A for life, remainder to A's children.' At the time of the conveyance, A has no children. What interest do A's potential children hold?

Answer: Contingent remainder

Because the remaindermen (A's children) are not yet ascertained (A has no children), the remainder is contingent until the class becomes ascertainable.

Liquidated damages clauses are enforceable under Alabama contract law if:

Answer: Damages were difficult to estimate at the time of contracting and the amount is a reasonable forecast

Liquidated damages clauses are valid when actual damages were difficult to estimate at formation and the stipulated amount was a reasonable forecast of probable harm.

Expectation damages in contract law are designed to put the non-breaching party in the position they would have been in:

Answer: If the contract had been fully performed

Expectation damages award the benefit of the bargain, placing the non-breaching party in the economic position they would have occupied had the contract been performed.

A tenant in common may do all of the following EXCEPT:

Answer: Unilaterally partition the property without court action

A tenant in common cannot physically partition jointly held property without either the agreement of all co-tenants or a court-ordered partition; the right to partition requires court action if not agreed upon.

Under FRCP 15, a party may amend a pleading once as a matter of course within how many days after service?

Answer: 21 days

FRCP 15(a)(1) allows one amendment as a matter of course within 21 days after serving the pleading, or within 21 days after service of a responsive pleading.

The Privileges or Immunities Clause of the Fourteenth Amendment protects:

Answer: Rights of national citizenship only, per the Slaughterhouse Cases

After the Slaughterhouse Cases, the Privileges or Immunities Clause was narrowly interpreted to protect only rights of national citizenship.