Mixed Deck — All IL BAR Topics Flashcards

Res ipsa loquitur allows an inference of negligence when:

Answer: The type of harm normally does not occur without negligence and the defendant had exclusive control of the instrumentality

Res ipsa loquitur permits an inference of negligence when the accident is of a type that normally does not occur absent negligence, the instrumentality was under the defendant's exclusive control, and the plaintiff was not contributorily negligent.

A liquidated damages clause is enforceable in Illinois if:

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

Illinois courts enforce liquidated damages clauses when actual damages are difficult to ascertain at contracting and the stipulated amount is a reasonable estimate of probable loss, not a penalty.

What is the doctrine of adverse possession in Illinois?

Answer: Possession of another's land for 20 years under certain conditions can result in legal ownership

In Illinois, the doctrine of adverse possession allows a person to acquire legal title to another's land by possessing it for a statutory period, which is typically 20 years. This possession must be actual, open and notorious, exclusive, hostile, and continuous throughout the statutory period. Meeting these specific conditions, rather than simply claiming land, is essential for gaining ownership.

Promissory estoppel allows enforcement of a promise without consideration when:

Answer: The promisee reasonably and foreseeably relied on the promise to their detriment

Promissory estoppel requires a clear promise, foreseeable and actual reliance by the promisee to their detriment, and injustice that can only be avoided by enforcement.

Expert testimony under FRE 702 (Daubert) is admissible if the expert's opinion is based on sufficient facts, employs reliable methodology, and:

Answer: The reasoning has been reliably applied to the facts of the case

Under Daubert and FRE 702, a court must find that the expert's reliable principles and methods have been reliably applied to the specific facts of the case.

Illinois recognizes which form of the insanity defense?

Answer: M'Naghten test only

Illinois uses the M'Naghten test, under which a defendant is not criminally responsible if, due to mental disease or defect, they did not know the nature of the act or that it was wrong.

Which doctrine allows a court to refuse enforcement of an unconscionable contract or clause?

Answer: Unconscionability under UCC § 2-302 and common law

Unconscionability, codified in UCC § 2-302 and recognized at common law, permits courts to refuse to enforce contracts or clauses that are oppressively one-sided or that resulted from unfair bargaining.

Illinois adopted a modified comparative fault system. A plaintiff who is more than __ % at fault is barred from recovery:

Answer: 50%

Illinois uses a modified comparative fault rule under 735 ILCS 5/2-1116: a plaintiff whose fault exceeds 50% is completely barred from recovery.

In Illinois, which elements must a plaintiff prove for a negligence claim?

Answer: Duty, breach, causation, and damages

Illinois negligence requires the plaintiff to prove the defendant owed a duty of care, breached that duty, the breach was the actual and proximate cause of harm, and the plaintiff suffered damages.

Under the First Amendment, which category of speech receives no constitutional protection?

Answer: True threats and incitement to imminent lawless action

True threats and speech constituting incitement to imminent lawless action under the Brandenburg test are categorically unprotected by the First Amendment.

In Illinois, which standard applies when reviewing the sufficiency of evidence supporting a criminal conviction on appeal?

Answer: Whether any rational trier of fact could have found the elements beyond a reasonable doubt

Under Jackson v. Virginia and followed in Illinois, a conviction stands if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could find the essential elements proven beyond a reasonable doubt.

Under Article 2 of the UCC, a merchant's written offer to buy or sell goods stating it will be held open is irrevocable for the stated period (up to three months) without consideration. This is called a:

Answer: Firm offer

UCC § 2-205 creates the firm offer rule, making a signed written offer by a merchant irrevocable for the stated time (not exceeding three months) without requiring consideration.

Expectation damages in contract law are designed to put the non-breaching party:

Answer: In the position they would have been in had the contract been performed

Expectation damages — the standard contract remedy — protect the benefit of the bargain by placing the non-breaching party where full performance would have put them.

Under Illinois law, which of the following is a complete defense to a negligence action?

Answer: Assumption of risk when the plaintiff knowingly and voluntarily assumes a known risk

Express assumption of risk remains a complete defense in Illinois when the plaintiff knowingly, voluntarily, and expressly agreed to encounter a specific known risk.

Under Illinois law, which crime is defined as knowingly receiving, retaining, or disposing of stolen property?

Answer: Theft

Under the Illinois Criminal Code, theft includes knowingly obtaining or exerting unauthorized control over property of another, which covers receiving and retaining stolen property.

How does Illinois handle conflicts in cases involving corporate internal affairs?

Answer: By applying the law of the state of incorporation

Illinois, like most jurisdictions, follows the internal affairs doctrine for conflicts of law involving corporate governance. This doctrine dictates that the law of the state where a corporation is incorporated governs its internal affairs, such as the relationship between the corporation and its shareholders, directors, and officers. This rule promotes predictability and uniformity, ensuring that a corporation is subject to a single, consistent set of laws regarding its internal operations, regardless of where it conducts business.

Which doctrine in tort law imposes liability on an employer for torts committed by an employee acting within the scope of employment?

Answer: Respondeat superior

Respondeat superior makes employers vicariously liable for employees' tortious acts committed within the scope of their employment, without requiring the employer to be independently at fault.

A law school student receives a lower scholarship renewal because of comments made on a personal blog criticizing university policy. Assuming a public university, which constitutional protection is most relevant?

Answer: First Amendment retaliation against protected speech

Public universities may not retaliate against students for engaging in protected First Amendment expression, including criticism of university policy.

Which doctrine prevents federal courts from enjoining pending state criminal proceedings absent extraordinary circumstances?

Answer: Abstention under Younger v. Harris

Younger abstention requires federal courts to refrain from enjoining ongoing state criminal prosecutions unless there is bad faith, harassment, or a patently invalid statute.

The Fourth Amendment protects against unreasonable searches and seizures. Under Katz v. United States, protection extends to areas where a person has:

Answer: A subjective expectation of privacy that society recognizes as reasonable

The Katz test protects individuals who have a subjective expectation of privacy that is objectively reasonable under societal standards.