Bar Prep FINAL EXAMS 2022

Bar Prep FINAL EXAMS 2022 NIED ans: 1) No direct physical trauma 2) Negligence occurred under some standard of care AND π was in zone of danger and exhibited subsequent physical manifestations of distress ALSO reco ...

Bar Prep FINAL EXAMS 2022 NIED ans: 1) No direct physical trauma 2) Negligence occurred under some standard of care AND π was in zone of danger and exhibited subsequent physical manifestations of distress ALSO recovery in bystander situation where a close family member was a witness to the injury Murder ans: 1) Intent to kill 2) Intent to inflict great bodily injury 3) Highly reckless indifference to human life (depraved heart) 4) Intent to commit felony (Burglary, Arson, Rape, Robbery, Kidnapping) M'Naghten Rule ans: At the time of his conduct, ∆ lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions Arson ans: The malicious burning of the dwelling of another Malice ans: Reckless disregard for an obvious or high risk that a particular harmful result will occur Burglary ans: The breaking and entering into the dwelling of another at night with the intent to commit a felony therein Robbery ans: The taking of the personal property of another from the other's person or presence by force or by threats of immediate death or physical injury with the intent to permanently deprive False Pretenses ans: Obtaining title to the personal property of another through a knowing (intentional in some jdx) misrepresentation of past or present fact with the intent to defraud Larceny ans: The taking and asportation of the personal property of another without consent or with consent obtained by fraud with the intent to permanently deprive Voluntary Manslaughter ans: Provocation adequate if: 1) Would arouse sudden and intense passion in an ordinary person 2) ∆ was in fact provoked 3) Not sufficient time for the ordinary person to cool off 4) ∆ did not cool off Assault (Crim) ans: 1) Attempt to commit a battery 2) Intentional creation of reasonable apprehension in another of imminent bodily harm Battery (Crim) ans: An unlawful application of force to the person of another resulting in either bodily injury or offensive touching Materiality of Breach ans: 1) Adequacy of compensation 2) Amount of benefit received 3) Extent of part performance 4) Hardship to breaching party 5) Negligent or willful behavior 6) Likelihood that breaching party will perform Discharge by Novation ans: 1) Prior valid contract 2) Agreement between parties 3) Immediate extinguishment of contractual duties between original parties 4) New and valid contract Conspiracy ans: 1) An agreement between two or more person 2) Intent to enter into the agreement 3) Intent to achieve the unlawful objective of the agreement 4) (maj) Overt act in furtherance *Mere preparation sufficient **Liability for co-conspirators if crimes committed in furtherance of conspiracy and foreseeable Factual Causation ans: But for the ∆'s action π would not have been hurt Multiple ∆s: -> Mingled Causation-substantial factor test -> Unascertainable Cause- burden on π to show each ∆ was factor then burden to ∆s to show not cause Proximate Cause ans: Natural and probable consequences Liability is fair when: 1) Intervening medical negligence 2) Intervening negligent rescue 3) Intervening protection/reaction 4) Subsequent disease/accident Requirements for Informal Rulemaking (Fed) ans: 1) Notice 2) Right to Participate (right to submit written data or arguments but no right to hearing) 3) Promulgation (concise general statement of basis and purpose, must have 30 days before implementation) Main Test for Distinguishing b/t Employee and IC ans: Extent of the principal's control the manner and method of agent's performance Exceptions to Right of Judicial Review ans: 1) Standing 2) Statute of Limitations 3) Finality of agency decision