Larceny by Trick v. False Pretenses correct answers LbT= Obtaining custody
FP= Obtaining title
When can a prior statement be used substantively? correct answers Given under penalty of perjury at prior proceeding or deposition.
Firm Offer Requirements correct answers 1. Merchant
2. Signed wr...
VA Bar Exam (100% Correct Answers)2024
Larceny by Trick v. False Pretenses correct answers LbT= Obtaining custody
FP= Obtaining title
When can a prior statement be used substantively? correct answers Given under penalty of
perjury at prior proceeding or deposition.
Firm Offer Requirements correct answers 1. Merchant
2. Signed writing
3. Give assurances that the offer will be kept open
4. No longer than three months
Restriction on Handwriting correct answers Nonexpert cannot become familiar with handwriting
merely for the purpose of testifying.
Accessory After the Fact correct answers Knowing a crime has been committed,
helps the principal, or an accomplice avoid capture or helps them escape.
Cannot include a close family member.
Minimum Contacts Fairness Factors correct answers 1) Burden on D
2) State's interest in adjudicating
3) P's interest in convenient relief
4) Interstate judicial efficiency
5) Shared interests of states in furthering substantive policies
Minimum Contacts Factors correct answers Contacts - purposeful availment and Foreseeability
Relatedness
Fairness (only in SPJ)
Venue Factors correct answers 1. P's Choise
2. Convenience of Parties and Witnesses
3. Interest of Justice
Preserve Right to Object to Unanimity correct answers Poll jury
"Shocks the Conscience" Test correct answers Motivated by prejudice, passion, corruption, or
the jury misconceived the facts, or it is so out of proportion to the injuries that it is not the
product of fair and impartial decision making.
Punitive Damages Reasonableness Factors correct answers 1. Compared to Damages Sustained
2. Measure of Punishment Required
3. Whether Award will Amount to Double Recovery
4. Proportionality to compensatory
5. Ability of D to pay
,Conflicts of Interest Standard PR correct answers Significant Risk that Representation would be
Materially Limited.
Memorandum of Lien Contents correct answers 1. Names and Addresses of Contractor and
Owner
2. Amount Owed (can only be blanket if a single contract)
3. Due date
4. Date interest began to accrue
5. Intent to obtain a lien
6. Description of Property
7. Must be sent to last known Address
6 Concerns FRE 403 correct answers unfair prejudice,
confusing the issues,
misleading the jury,
undue delay,
wasting time, or
needlessly presenting cumulative evidence.
Standards for Due Process Violation by Police correct answers Shocks the Conscience
Procedural Due Process Test correct answers 1. Importance of Interest
2. Ability of Additional Procedures to Reduce Error
3. The Government Interest (usually efficiency)
P or I vs P & I correct answers P or I is in the 14th, and it really only protects the right to travel.
Corporations and Aliens cannot sue under the P&I clause.
Max duration for voting residency requirement correct answers 50 days
Numerical Set Aside Requirements correct answers 1. Clearly Established Prior Disc.
2. No other way to diversity
3. No points system allowed
4. Race not a factor for busing.
Past Consideration Rule correct answers If the act was performed at the other party's request,
then can request payment. NOT in VA.
Part Performance Exception Test correct answers So far executed that a refusal would work a
fraud upon the party.
Under UCC, up to quantity paid for or supplied.
Oral modification Prohibition correct answers Not under common law.
,Under UCC, a provision requiring written modification will be upheld.
SOF Writing Requirement in VA correct answers Provide basis to believe that offered evidence
describes real transaction, need not "conclusively establish K."
Disclaimer of Express Warranties correct answers Prohibited, but warranties may be limited so
long as not unconscionable. Limits for injury claims are presumptively so.
Opportunity to Cure correct answers Within performance time = OR
Seller had reasonable grounds for thinking tender was ok (which will grant a reasonable time.)
Retraction of anticipatory repudiation correct answers AR can be retracted so long as:
1) there is still time for performance
AND
2) the other party has not already relied on the AR.
3) And party can demand Adeq Ass.
Reclamation of Goods correct answers WIthin 10 days, or anytime if buyer misrepresents his
insolvency within 3 months preceding the delivery.
Liquidated Damages Test correct answers 1. Hard to Estimate Damages at time of K (including
difficulty in proving them once incurred)
2. Reasonably Forecast of Damages.
3. Not a penalty (an invariable lump sum is usually a penalty)
Third Party Rights Vesting correct answers 1. It assents as requested by parties.
2. Learns of K and detrimentally relies
3. Brings a lawsuit to enforce rights
(No unilateral modification after vesting)
Anti- Assignment Language correct answers Invalid = No assignee recover
Prohibited = Assignee recovers only if unknowing.
No assignment implies no delegation.
Multiple Assignments for Consideration correct answers -general rule → FIRST assignee for
consideration wins
-very limited EXCEPTION: a subsequent assignee takes priority over an earlier assignee for
value only if he both (i) does not know of the earlier assignment and (ii) is the first to obtain (1)
payment, (2) a judgment, (3) a novation, OR (4) indicia of ownership ("four horsemen" rule)
4 Unities of Joint Tenancy correct answers PITT: Possession, Interest, Time and Title. All four
must exist simultaneously
Lien Theory v. Title Theory correct answers Lien Theory will not severe until foreclosure.
, Future Interest in FSD correct answers Possibility of Reverter
FSSCS Future Interest correct answers Right of Entry
Taxes due By Life Estate Holder correct answers If not profit, then taxes are based on rental, and
not market, value.
The Comma Rule correct answers CS =Subject to Complete Defeasance (followed by shifting
exec interest)
CP = Contingency Remainder
Shifting vs. Springing Executory Interest correct answers SpRinging cuts the grantoR's interest
short.
Text for Fixtures correct answers facts "objectively show intent to permanently improve."
Look for substantial harm on removal.
Constructive Eviction Elements correct answers SING
1. SI = substantial interference due to L's actions or failure to act
2. N = notice, and L fails to respond meaningfully
3. G = goodbye - leave w/in a reasonable time after L fails to fix
NOTE: L is not liable for acts of other tenants, EXCEPT (1) L must not permit a nuisance, and
(2) L must control common areas
Assignment vs. Sublease correct answers Assignment = PoK T1, PoE with T2
Sublease = No PoK or PoE with T2.
Negative Easements Allowed correct answers LASS
Light
Air
Support
Streamwater (from artificial flow)
Easement by Implication Requirements correct answers 1. Implied from existing use
2. Split of common parcel
3. Expected to Survive Division (reasonably necessary)
4. Previous Use Readily Apparent
Restrictive Covenant Requirements correct answers 1. Writing
2. Intent to Run
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