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Bar Prep Trivia Night
Bar Prep Trivia Night
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Flashcards
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Questions
25
Answers
1
Which of the following is a general intent crime?
Robbery.
Rape.
Burglary.
Forgery.
2
To prohibit or punish group membership within the 1st Amendment, the state must prove all these elements EXCEPT:
The person knew of the group's illegal activities.
That the person is a founder of the group.
The person actively affiliated with the group.
The person had the specific intent of furthering the group's illegal acts.
3
Which of the following is incorrect with respect to the privacy tort of false light?
A reasonable and honest mistake is sufficient to impose liability.
The misrepresentation must be objectionable to the average person.
The misrepresentation must be published to a lot of people.
The misrepresentation must be defamatory.
4
What is the result if a defendant moves to preclude his questioning by police because no Miranda warnings were given?
His motion will be granted because his arrest invoked due process rights.
His motion will be granted because he was never given his Miranda warnings.
His motion will be denied if the questioning was merely investigatory.
His motion will be denied because his statemetns were involuntary.
5
A child under the age of 9 is presumed incompetent to testify.
True
False
6
If Rosie and Marty owned Pinkyacre as joint tenants, and Marty conveys his entire interest to Adam, who now has title?
Rosie and Adam as tenants in common.
Rosie and Marty as joint tenants.
Rosie and Adam as joint tenants.
Rosie.
7
Which of the following can potentially bring a cause of action against both the original promisor and promisee?
Donee beneficiary.
None of the above.
Creditor beneficiary.
Incidental beneficiary.
8
P's burden of proof for a hypothetical alternative design in a products liability case are all of these EXCEPT:
The alternative design is cost neutral.
The alternative design is practical.
The alternative design is safer.
The alternative design is similarly advertised.
9
Which of the following crimes do not merge into the substantive offense?
All of the above.
Solicitation to commit a murder and attempted murder.
Conspiracy to murder and murder.
Attempted murder and murder.
10
Which of the following terminates an option?
Rejection.
Counteroffer.
Death or incapacity of either party.
Destruction of the subject matter before acceptance.
11
The federal court will most likely refuse to hear all of the following cases EXCEPT:
A state civil proceeding.
An action to interpret the meaning of a vague or ambigious state law.
An action to enjoin a pending state prosecution being brought in bad faith.
A civil contempt hearing.
12
Which of the following is NOT an element of conspiracy?
The intent to pursue an unlawful objective.
An agreement.
The intent to agree.
The commission of the unlawful objective.
13
When does a 3rd party beneficiary's rights vest, such that they acquire a contractual right?
When they manifested assent to the promise in the requested manner.
When they rely on and change their position in reliance on the promise.
All of the above.
When they commenced an action against the promisor to enforce.
14
Which of the following is not one of the six ways in which an easement appurtenant can be created?
Eminent domain.
Equitable servitude.
Estoppel.
Prescription.
15
A private citizen must prove all these elements under common law defamation involving a private matter EXCEPT:
The defendant made the defamatory statement.
The statement was intentionally or negligently published to a 3rd party.
The statement was false.
The defamatory statement was of or concerning the plaintiff.
16
Which of the following is not considered a negative easement?
Right to support.
Air.
Light.
Right of access.
17
Under the Rule Against Perpetuities, which of the following is void?
To Denise for life, then to such of her children who attain the age of 25.
To Denise for life, then to Rick for his life, then to Denise's children.
To the Shelter for so long as it shelters chldren, it not then to the VFW.
To Denise, but if alcohol is ever served during Rick's life, then to Oren.
18
When may a state regulate the federal government?
When Congress consents.
When regulating military bases located within the state.
When federal law is inconsistent with existing state law.
When it imposes taxes on bank notes.
19
An insane person may not testify because this is
prima facie
evidence of incompetence.
False
True
20
Which of the following is an inadmissible opinion made by a lay witness?
That's Howard's handwriting.
He appeared to be acting as Sheldon's agent.
Penny looked really depressed.
Leonard's car was going at least 70 miles an hour.
21
Which of the following is not characteristic of an
inter-vivos
trust?
Delivery of the deed.
Conveyance of trust res devised by will upon the settlor's death.
A competant trustee.
Trust res.
22
Regarding an admission by a party opponent, which of the following is incorrect?
The declarant must be a party.
The declarant does not have to have personal knowledge of the facts.
The statement must have been against interest when made.
The declarant does not have to be available.
23
Which of the following is NOT subject to rational basis review?
Laws discriminating against sexual orientation.
An equal protection challenge to retirement qualifications.
Discrimination against undocumented alien children.
A zoning ordinance prohibiting a home for the mentally disabled.
24
Which intervening force is not usually considered foreseeable in a negligence fact pattern?
Subsequent disease or accident.
Intervening medical negligence.
Intervening negligent rescue.
All of the above are foreseeable.
25
The declarant must be unavailable in order to admit evidence under all of the following EXCEPT:
A statement against interest.
The former testimony exception.
A dying declaration.
A statement made for medical diagnosis or treatment.