Mixed Deck — All UT BAR Topics Flashcards

On judicial review, a Utah court may grant relief from agency action that is 'arbitrary and capricious.' This standard is best described as asking whether the action:

Answer: Lacks any reasoned basis or is contrary to the evidence and logic before the agency

Arbitrary-and-capricious review asks whether the agency acted without a rational, reasoned basis, not whether the court agrees with the outcome.

A contract clause fixes damages at $500,000 for any delay in delivering standard office furniture worth $10,000, regardless of the delay's length. How will a court most likely treat the clause?

Answer: As an unenforceable penalty because it is not a reasonable forecast of anticipated or actual harm

Liquidated damages must be a reasonable estimate of harm from a hard-to-measure loss; grossly disproportionate sums are unenforceable penalties.

In a custody dispute, which of the following factors is most relevant in determining the best interest of the child?

Answer: The child's preference if they are of sufficient age and maturity

In a custody dispute, courts prioritize the 'best interest of the child,' considering numerous factors. Among these, the child's preference becomes increasingly relevant and influential if they are of sufficient age and maturity to articulate a reasoned opinion. While not the sole factor, a child's well-considered wishes are given significant weight alongside parental stability, emotional ties, and the child's needs.

A beneficiary named in a Utah will also serves as one of the two attesting witnesses. What is the effect on the will and the gift?

Answer: The will and the gift are both valid; an interested witness does not invalidate either

Under Utah Code § 75-2-505, the signing of a will by an interested witness does not invalidate the will or any provision of it.

A beneficiary of a Utah estate wants to refuse her inheritance so it passes to her children without gift tax consequences. What must she do?

Answer: Execute a valid written disclaimer, after which she is treated as having predeceased the decedent

Under Utah's disclaimer statutes, a qualified written disclaimer causes the disclaimed interest to pass as if the disclaimant predeceased the decedent, avoiding a taxable transfer by her.

A Utah testator physically tears his will in half with the intent to revoke it. His earlier will, which he never destroyed, is found after his death. What is the most likely result under Utah law?

Answer: The earlier will is revived only if the testator intended revival, shown by circumstances or statements

Under UPC-based Utah law (§ 75-2-509), revoking a later will by physical act revives the earlier will only if the testator's intent to revive is evident from the circumstances or contemporaneous declarations.

A testator's will leaves 'my 2019 Toyota Camry' to his nephew, but the testator sold the Camry before death and bought a truck. Under Utah law, what does the nephew most likely receive?

Answer: Nothing, because the specific gift adeemed by extinction

A specific devise of property no longer in the estate at death generally adeems by extinction, leaving the beneficiary with nothing absent evidence of contrary intent or a qualifying replacement under UPC rules.

A hunter fires a rifle in a dense forest without checking his surroundings and wounds a hiker on a marked trail. The hiker's spouse, who witnessed the shooting from beside the hiker, sues for negligent infliction of emotional distress. In a jurisdiction following Dillon/bystander rules, the spouse must show:

Answer: Presence at the scene, close relationship to the victim, and contemporaneous observation causing distress

Bystander NIED recovery generally requires close proximity to the scene, a close family relationship, and contemporaneous perception of the injury.

What is the elective share for a surviving spouse?

Answer: A statutory right to claim a minimum portion of the deceased spouse's estate regardless of the will

The elective share allows a surviving spouse to claim a statutory minimum percentage of the estate, overriding the will if necessary to prevent disinheritance.

What is the standard for probable cause?

Answer: Facts and circumstances sufficient to warrant a reasonable person to believe a crime has been or is being committed

Probable cause exists when there are sufficient facts and circumstances to lead a reasonable person to believe that criminal activity is afoot or evidence will be found.

What privilege protects spousal communications?

Answer: Confidential communications between spouses during marriage are privileged and cannot be compelled

The marital communications privilege protects confidential communications made between spouses during the marriage. The privilege generally survives divorce for communications made during the marriage.

A landlord and tenant orally agree to a two-year lease starting next month. The tenant moves in and pays one month's rent, but the landlord later denies the lease. Under the statute of frauds, what is the likely result?

Answer: The two-year lease is unenforceable because it cannot be performed within one year and lacks a writing

A contract that cannot be performed within one year falls within the statute of frauds and requires a writing to be enforced.

At trial, a party offers a properly authenticated business record containing an employee's notation of a statement made by a customer, offered to prove the truth of the customer's statement. The customer's statement is:

Answer: Inadmissible unless the customer's statement falls within its own hearsay exception, since it is hearsay within hearsay

The business records exception covers only statements by persons with a business duty to report, so the customer's embedded statement needs its own hearsay exception.

A buyer contracts to buy a machine for $50,000. The seller repudiates, and the buyer purchases a reasonable substitute machine for $58,000. What damages may the buyer recover under the UCC?

Answer: $8,000, the difference between the cover price and the contract price, plus incidental damages

Under UCC 2-712, a covering buyer recovers the difference between the cover price and the contract price plus incidental and consequential damages.

What is joint and several liability?

Answer: Each defendant can be held liable for the entire amount of damages regardless of their individual fault percentage

Under joint and several liability, each defendant is independently responsible for the full amount of damages, allowing the plaintiff to collect the entire judgment from any one defendant.

What is the mailbox rule in contract law?

Answer: An acceptance is effective when dispatched by the offeree, not when received by the offeror

The mailbox rule provides that an acceptance becomes effective at the moment of dispatch (when mailed), creating a contract even before the offeror receives it.

A written contract for the sale of a business states it is the complete and final agreement of the parties. The buyer seeks to introduce evidence of a prior oral agreement that contradicts the price term. Is the evidence admissible?

Answer: No, because the parol evidence rule bars prior agreements that contradict a fully integrated writing

The parol evidence rule excludes prior or contemporaneous agreements that contradict the terms of a complete integration.

A son murders his father in Utah and is convicted. The father died intestate, and the son is his only child. Who inherits the estate?

Answer: The son's children, because the slayer is treated as having disclaimed or predeceased the decedent

Under Utah's slayer statute (§ 75-2-803), a killer forfeits his inheritance and is treated as having predeceased the decedent, letting the estate pass to the next takers such as the slayer's descendants.

A seller fraudulently misrepresents that a painting is an original when it is a copy, and the buyer purchases it in reliance. Beyond damages, what remedy may the buyer elect?

Answer: Rescission of the contract and restitution of the purchase price

Fraudulent misrepresentation renders the contract voidable, allowing the buyer to rescind and recover the price paid.

A federal diversity plaintiff serves a complaint on the defendant. The defendant waives service and is located in the United States. How long does the defendant have to answer?

Answer: 60 days from when the waiver request was sent

Under Rule 12(a)(1)(A)(ii), a defendant who timely waives service has 60 days from when the waiver request was sent to respond.