Mixed Deck — All NJ BAR Topics Flashcards

Judicial notice under FRE 201 allows a court to accept a fact without formal proof when the fact is capable of accurate and ready determination from what?

Answer: Sources whose accuracy cannot reasonably be questioned

Judicial notice is proper for adjudicative facts that are commonly known in the jurisdiction or verifiable from indisputably accurate sources.

What is the time limit for filing a notice of appeal in New Jersey Civil Procedure?

Answer: 30 days from the judgment

In New Jersey Civil Procedure, a party generally has 30 days from the date of the entry of judgment or order to file a notice of appeal. This deadline is critical and strictly enforced, as failure to file within this period typically results in the loss of the right to appeal. This rule ensures finality in court decisions while allowing a reasonable window for appellate review.

Under New Jersey ethics rules, when must a lawyer disclose a conflict of interest to a client?

Answer: Before agreeing to represent the client

Under New Jersey ethics rules, a lawyer has an affirmative duty to identify and disclose any potential or actual conflicts of interest to a prospective client. This disclosure must occur before the lawyer agrees to undertake the representation, allowing the client to make an informed decision about whether to proceed with that attorney. This ensures client autonomy and protects their interests from divided loyalties.

Under nuisance law, a private nuisance claim requires that the interference with the plaintiff's use and enjoyment of land be what?

Answer: Substantial and unreasonable

A private nuisance requires a substantial and unreasonable interference with the plaintiff's use and enjoyment of their land.

Under NJ's Uniform Commercial Code, the implied warranty of merchantability arises automatically in a sale by whom?

Answer: A merchant who deals in goods of that kind

UCC 2-314 imposes an implied warranty of merchantability only when the seller is a merchant who deals in goods of the kind sold.

What is a "headnote" in a legal case?

Answer: A summary of the legal principles discussed in the case

A headnote in a legal case is a brief summary, typically prepared by the publisher, that precedes the court's official opinion. It highlights the key legal principles, rules, or points of law discussed and decided by the court in that particular case. Headnotes are useful for quickly identifying relevant cases and understanding their legal significance without reading the entire opinion.

Under the Due Process Clause of the Fourteenth Amendment, which standard of review applies to laws burdening fundamental rights?

Answer: Strict scrutiny

Laws that burden fundamental rights are subject to strict scrutiny, requiring a compelling government interest and narrow tailoring.

A real covenant running with the land at law requires which of the following elements?

Answer: Intent, touch and concern, and privity of estate

For a real covenant to run with the land at law, the parties must have intended it to run, it must touch and concern the land, and both horizontal and vertical privity of estate must exist.

A landlord fails to repair a broken heating system during winter despite repeated tenant requests. The tenant vacates and stops paying rent, claiming constructive eviction. Which element is most critical to establish constructive eviction?

Answer: The tenant must have vacated the premises

Constructive eviction requires that the tenant actually vacate the premises within a reasonable time after the landlord's breach renders the property uninhabitable.

What must a New Jersey attorney do if they learn that a client has made a false statement to a tribunal?

Answer: The attorney must correct the false statement or withdraw from the case

New Jersey ethics rules impose a strict duty of candor toward the tribunal. If an attorney learns that a client has made a false statement of material fact or law to a court, the attorney must take reasonable remedial measures. This includes attempting to persuade the client to correct the falsehood, and if unsuccessful, the attorney must disclose the truth to the tribunal or seek to withdraw from the representation.

Miranda warnings must be given before custodial interrogation; custody exists when a reasonable person would believe what?

Answer: They were not free to terminate the encounter

Custody under Miranda is an objective test: whether a reasonable person in those circumstances would believe they were not free to leave.

The 'but for' test for actual causation is sometimes replaced with the substantial factor test; when is the substantial factor test most appropriate?

Answer: When multiple independent causes each could have caused the harm alone

When multiple causes each independently could have caused the harm, courts apply the substantial factor test to determine actual causation.

Anticipatory repudiation occurs when a party clearly and unequivocally indicates before performance is due that it will do what?

Answer: Not perform its contractual obligations

Anticipatory repudiation is a party's unequivocal pre-performance announcement that it will not perform, entitling the other side to sue immediately.

What is the primary source of ethical rules governing attorneys in New Jersey?

Answer: New Jersey Model Rules of Professional Conduct

The primary source of ethical rules governing attorneys in New Jersey is the New Jersey Model Rules of Professional Conduct. These rules, adopted by the New Jersey Supreme Court, set forth the standards of conduct and professional responsibility that all licensed attorneys in the state must adhere to. They cover various aspects of legal practice, from client relationships to court conduct, ensuring professional integrity.

A joint tenant conveys her interest to a third party without the knowledge of the other joint tenant. What is the effect of this conveyance?

Answer: It severs the joint tenancy as to the conveyed share

A joint tenant may unilaterally sever the joint tenancy by conveying her interest to a third party, destroying the unity of title and converting her share into a tenancy in common.

Under New Jersey law, a residential landlord's implied warranty of habitability:

Answer: Cannot be waived by the tenant in a lease agreement

New Jersey courts hold that the implied warranty of habitability in residential leases is non-waivable as a matter of public policy, regardless of any lease provision to the contrary.

Character evidence of a criminal defendant's prior bad acts is generally inadmissible to prove propensity but may be admitted to show which other purpose?

Answer: Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

FRE 404(b) bars prior bad acts to show propensity but allows them for non-propensity purposes such as motive, intent, identity, or absence of mistake.

Under NJ law, which doctrine may render a contract unenforceable if one party had no meaningful choice and the terms are unreasonably favorable to the other?

Answer: Unconscionability

Unconscionability doctrine invalidates contracts with procedural unfairness (no meaningful choice) and substantive unfairness (oppressive terms).

Impeachment of a witness with a prior felony conviction under FRE 609 requires balancing probative value against unfair prejudice when the witness is whom?

Answer: A criminal defendant testifying in their own defense

Under FRE 609(a)(1)(B), prior felony convictions offered against a testifying criminal defendant require that probative value outweigh the risk of unfair prejudice.

Which doctrine prevents federal courts from hearing cases where the dispute has already been fully resolved before judgment?

Answer: Mootness

Mootness requires that a live controversy exist throughout litigation; if the dispute resolves, the case is dismissed.