Mixed Deck — All MA BAR Topics Flashcards

Which doctrine allows rescission of a contract when one party's assent was induced by the other's fraudulent misrepresentation?

Answer: Fraud in the inducement

Fraud in the inducement permits the defrauded party to rescind the contract because their consent was obtained through intentional misrepresentation of a material fact.

The work product doctrine protects materials prepared by an attorney in anticipation of litigation from disclosure unless the opposing party shows:

Answer: Substantial need and inability to obtain the equivalent without undue hardship

To overcome work product protection, the opposing party must demonstrate substantial need for the materials and that they cannot obtain their equivalent through other means without undue hardship.

A covenant running with the land at law requires which of the following for the burden to run to subsequent owners?

Answer: A writing, intent that it run, touch and concern the land, and privity of estate

For the burden of a real covenant to run at law, there must be a writing, intent that the covenant run, the covenant must touch and concern the land, and both horizontal and vertical privity must exist.

An accord and satisfaction discharges a contractual duty when:

Answer: The creditor accepts a lesser payment as full satisfaction of a disputed debt

Accord and satisfaction discharges a disputed debt when the creditor accepts a lesser amount tendered by the debtor in full settlement of the claim.

The doctrine of res ipsa loquitur allows a negligence inference when:

Answer: The accident is of a type that ordinarily would not occur without negligence, and the instrumentality was in the defendant's exclusive control

Res ipsa loquitur permits an inference of negligence when the accident is the type that ordinarily does not occur without someone's negligence and the defendant had exclusive control over the instrumentality that caused it.

In Massachusetts, what is the elective share for a surviving spouse if the decedent left no children or descendants?

Answer: The entire estate

Massachusetts law provides for a surviving spouse's elective share, which allows them to claim a portion of the decedent's estate even if the will provides less. If the decedent leaves no children or descendants, the surviving spouse's elective share under Massachusetts law is the entire estate. This provision protects the surviving spouse's financial security in the absence of other direct heirs.

A dying declaration is admissible as a hearsay exception in a homicide case if:

Answer: The declarant believed death was imminent and the statement concerned the cause or circumstances of the impending death

Under FRE 804(b)(2), a dying declaration requires the declarant to have believed death was imminent and the statement must concern the cause or circumstances of the believed-to-be-imminent death.

What is the legal effect if a Massachusetts resident dies intestate (without a will)?

Answer: The estate is distributed according to the Massachusetts laws of intestacy.

When a Massachusetts resident dies intestate, meaning without a valid will, their estate is not forfeited or distributed arbitrarily. Instead, the distribution of the estate is strictly governed by the Massachusetts laws of intestacy. These statutes provide a default plan for how property passes to surviving heirs, typically prioritizing the surviving spouse, children, and other close relatives according to a predetermined hierarchy.

Under the Dormant Commerce Clause, a state law that discriminates against interstate commerce on its face is subject to what standard?

Answer: Virtual per se invalidity unless a narrowly tailored exception applies

Facially discriminatory state laws burdening interstate commerce are virtually per se invalid and can only survive if the state demonstrates a legitimate local purpose achievable by no other non-discriminatory means.

Which clause of the U.S. Constitution prohibits states from impairing the obligation of contracts?

Answer: Contract Clause

Article I, Section 10's Contract Clause prohibits states from passing laws that substantially impair existing contractual obligations without sufficient justification.

Under Massachusetts law, what standard of comparative fault reduces a plaintiff's recovery proportionally?

Answer: Modified comparative fault bars recovery if the plaintiff is 51% or more at fault

Massachusetts applies modified comparative negligence under M.G.L. c. 231, § 85, reducing recovery proportionally by the plaintiff's fault and barring recovery entirely if the plaintiff is 51% or more at fault.

Which privilege protects communications between a client and their attorney even after the attorney-client relationship ends?

Answer: Attorney-client privilege — it survives termination of the relationship

The attorney-client privilege is permanent and survives the end of the attorney-client relationship, continuing to protect confidential communications made during the representation.

Under the Establishment Clause, which test historically asked whether a law had a secular purpose, neutral effect, and avoided excessive entanglement with religion?

Answer: Lemon test

The Lemon test, from Lemon v. Kurtzman (1971), examined secular purpose, primary effect, and excessive government entanglement with religion, though its use has been reconsidered in recent Supreme Court decisions.

Under Massachusetts Chapter 93A, which conduct is actionable?

Answer: Unfair or deceptive acts or practices in the conduct of trade or commerce

M.G.L. c. 93A prohibits unfair or deceptive acts or practices in the conduct of trade or commerce, and multiple damages and attorney's fees may be awarded for willful or knowing violations.

Under the implied warranty of habitability in residential leases, a landlord's duty requires:

Answer: Maintaining the premises in a condition fit for human habitation throughout the tenancy

The implied warranty of habitability requires landlords to maintain rental property in a condition fit for human habitation throughout the lease, covering essential facilities and compliance with housing codes.

The parol evidence rule generally bars introduction of prior or contemporaneous oral agreements that:

Answer: Contradict or vary the terms of a fully integrated written contract

The parol evidence rule excludes extrinsic evidence of prior or contemporaneous agreements that would contradict or vary the terms of a fully integrated written contract.

An easement appurtenant benefits:

Answer: The dominant tenement and runs with the land

An easement appurtenant is attached to and benefits the dominant estate, running with that land so that subsequent owners of the dominant parcel automatically hold the easement.

Lay witness opinion testimony is admissible if it is:

Answer: Rationally based on the witness's own perceptions and helpful to the trier of fact

Under FRE 701, lay witness opinion must be rationally based on the witness's own perception, helpful to understanding their testimony or determining a fact in issue, and not based on specialized knowledge.

Which defense, if successfully raised, completely bars the plaintiff's tort recovery in a contributory negligence jurisdiction?

Answer: Contributory negligence

In a pure contributory negligence jurisdiction, any negligence by the plaintiff, however slight, completely bars recovery—a harsh rule that most states (including Massachusetts) have replaced with comparative fault.

Under the UCC, a merchant's firm offer is irrevocable without consideration for a period not exceeding:

Answer: 90 days

UCC § 2-205 provides that a merchant's signed, written firm offer is irrevocable for the time stated or, if no time is stated, for a reasonable time, but in no event exceeding three months (90 days).