Multistate Bar Flashcards

A grantor delivered a deed to a grantee, who never recorded it. The grantor then sold the same land to a bona fide purchaser who recorded first. In a notice jurisdiction, who owns the land?

Answer: The bona fide purchaser, because she took without notice of the prior conveyance

In a notice jurisdiction, a subsequent bona fide purchaser without notice of a prior unrecorded conveyance prevails.

A defendant charged with murder claims he acted in the heat of passion after finding his spouse in an act of adultery. If believed, this defense reduces the charge to:

Answer: Voluntary manslaughter

Adequate provocation causing heat of passion mitigates murder to voluntary manslaughter.

A statement offered against a party is made by the party's employee concerning a matter within the scope of employment while employed. Under the Federal Rules, the statement is:

Answer: Not hearsay as an opposing party's statement

Under FRE 801(d)(2)(D), an employee's statement on a matter within the scope of employment made during employment is a non-hearsay opposing party statement.

A state law grants a tax exemption only to long-time residents of the state, disadvantaging newcomers. This law is most vulnerable under:

Answer: The right to travel under the Privileges or Immunities Clause of the Fourteenth Amendment

Durational residency preferences penalize the right of new residents to be treated equally, violating the right to travel under Saenz v. Roe.

An offeror mailed an offer stating acceptance must be received by June 1. The offeree mailed acceptance May 30, and it arrived June 2. Is there a contract?

Answer: No, because the offeror opted out of the mailbox rule by requiring receipt

The mailbox rule does not apply when the offer expressly conditions acceptance on receipt by a deadline.

A defendant properly served with a federal complaint fails to answer within 21 days and default is entered. Before default judgment, the defendant moves to set aside the default. The court will grant the motion upon a showing of:

Answer: Good cause

Under Rule 55(c), an entry of default may be set aside for good cause, a more lenient standard than that for vacating a default judgment.

A manufacturer sold a lawnmower with a design that allowed fingers to reach the blade area. A safer, cost-effective alternative design existed. In a strict products liability design defect claim under the risk-utility test, the plaintiff will likely:

Answer: Prevail, because a reasonable alternative design would have reduced the danger at reasonable cost

Under the risk-utility test, a product is defectively designed if a reasonable alternative design could have reduced foreseeable risks at reasonable cost.