Multistate Bar Flashcards

A buyer and seller sign a written contract for the sale of land that omits the price, which they orally agreed was $200,000. The seller refuses to perform, asserting the Statute of Frauds. The buyer's suit for specific performance will most likely:

Answer: Fail, because a land-sale writing must contain the essential terms including price

The Statute of Frauds requires a land-sale writing to include the essential terms, and price is generally an essential term for real estate contracts.

A driver negligently strikes a pedestrian, who is taken to a hospital where a doctor negligently worsens the injury. The pedestrian sues the original driver for all injuries, including the aggravation. The driver is liable for:

Answer: All injuries, because negligent medical treatment is a foreseeable intervening cause

Subsequent medical negligence is a foreseeable intervening cause, so the original tortfeasor remains liable for the aggravated harm.

A city ordinance bans all leafleting on public sidewalks to reduce litter. A political activist challenges the ban. The ordinance is most likely:

Answer: Invalid because it is not narrowly tailored and forecloses a traditional public forum medium

Sidewalks are traditional public forums, and a total ban on leafleting fails intermediate scrutiny because it is not narrowly tailored and closes off an entire medium of expression.

A grantor delivers a deed to a grantee, who does not record. The grantor then sells the same land to a second buyer who pays value, knows nothing of the first deed, and promptly records. In a notice jurisdiction, who owns the land?

Answer: The second buyer, because he was a bona fide purchaser without notice

In a notice jurisdiction, a subsequent bona fide purchaser who takes without notice of a prior unrecorded conveyance prevails regardless of who records first.

During a robbery trial, a witness for the prosecution testifies. The defense seeks to impeach her with a 12-year-old felony fraud conviction; she was released from prison 11 years ago. The conviction is admissible only if:

Answer: Its probative value substantially outweighs its prejudicial effect and reasonable written notice is given

Under FRE 609(b), convictions more than 10 years old are admissible only if probative value substantially outweighs prejudice and the proponent gives written notice.

Two defendants agree to rob a bank. Before any further steps, one defendant calls the police and fully renounces. In a jurisdiction following the common law of conspiracy, the renouncing defendant is:

Answer: Guilty of conspiracy, because withdrawal is no defense to the completed agreement

At common law, conspiracy is complete upon the agreement, and later withdrawal is not a defense to the conspiracy charge itself.

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.