Bar Game Night

A telemarketer and a hairstylist owned their house as joint tenants. After a heated argument, the hairstylist decided to leave the telemarketer and moved out of town. On Monday, the hairstylist signed a contract to convey her interest in the house to a personal trainer. On Tuesday, the hairstylist died in a car accident before the transfer of title had been made. The hairstylist's sister inherited the entirety of the hairstylist's estate.

What is the state of the title to the house?

• The telemarketer owns the house as the surviving joint tenant.

• The telemarketer and the hairstylist's sister own it as tenants in common.

• 
  The telemarketer and the personal trainer own it as tenants in common.

Answer explanation

Although joint tenancies are marked by their rights of survivorship (when one joint tenant dies, the surviving tenant owns the whole of the property), that right can be terminated. Joint tenants can sever the tenancy, turning the tenancy into a tenancy in common. Here, the hairstylist signed a contract to convey her interest in the house to the personal trainer. In most states, a contract to convey will sever a joint tenancy even before title is transferred. While equitable title has transferred to the personal trainer, legal title is still in the hairstylist's name, and would therefore pass to the sister. The sister would be obligated to fulfill the contract and convey legal title to the personal trainer at closing. Until this occurs, however, the telemarketer and hairstylist's sister own the house as tenants in common.

An author sued a movie company, claiming the movie company violated the copyright he had of one of the books that he had written. The movie company responded by filing a motion to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6), pointing out the author failed to identify how the movie company infringed the copyright or any products or services the movie company sold that infringed the copyright. The court granted the company's motion. Three months later, the author amended the complaint to add the missing information and filed it again.

May the author do so?

• Yes, because there was no final judgment in the suit.

• 
  No, because the company's motion was granted.

• No, because the author failed to timely prosecute his action.

Answer explanation

A court will dismiss a complaint under Fed. R. Civ. P. 12(b)(6) if the complaint: (1) fails to state a cognizable claim; (2) provides insufficient facts; or (3) contains an allegation that negates one or more elements of the cause of action. Dismissal of a complaint under Rule 12(b)(6) is with prejudice unless the court states otherwise. If there is a defect in the pleading that the court deems rectifiable, the court may: (1) dismiss the complaint without prejudice; or (2) grant the plaintiff leave to amend the complaint. Here, since there is no indication the court did anything but grant the motion, the dismissal was with prejudice, and the author cannot refile his amended claim.

A businessman owns a small corporation together with three other partners. The corporation is involved in building refrigerators. One day, the corporation learns of new freezing technology that would allow the corporation to produce refrigerators at a much lower price. The corporation secures a loan from a local bank to buy the new technology and the businessman orally agrees to act as a guarantor of the loan.

Which of the following is the best answer?

• The guarantor agreement is enforceable, because the businessman made the agreement orally.

• The guarantor agreement is enforceable, because of the main purpose rule.

• 
  The guarantor agreement is not enforceable, because the businessman only agreed orally.

Answer explanation

Generally, a promise to answer for the debt of a third party--a suretyship, or guarantor agreement--is subject to the Statute of Frauds. However, under the main purpose rule, if the main purpose of the guarantor's promise is to protect or promote his own economic interests, rather than the interest of the debtor, the agreement is not within the Statute of Frauds and no signed writing is required. The mere presence of a selfish interest is not sufficient--it must be central to the promise. Here, the businessman is an owner of the corporation, so his economic interests are directly promoted by the loan. Thus, no writing is required and the agreement is enforceable. Therefore, this answer is correct.

Congress enacted a statute that made it illegal for "any employee, without the consent of his or her employer, to post on the Internet any information concerning the employer." The purpose of the statute was to prevent employees from revealing their employers' trade secrets.

Is the statute constitutional?

• No, because it is not narrowly tailored to further a compelling government interest.

• No, because it targets a particular medium of communication for special regulation.

• Yes, because it leaves open ample alternative channels of communication.

The beneficiary of a decedent's life insurance policy has sued the life insurance company for the proceeds of the policy. At issue is the date when the decedent first experienced the heart problems that led to his death. The decedent's primary care physician has testified at trial that the decedent had a routine checkup on February 15. The physician then identifies a photocopy of a questionnaire, provided by the physician and completed by the decedent on that date, in which the decedent wrote: "Yesterday afternoon I broke into a big sweat and my chest hurt for a while." The beneficiary now offers the photocopy in evidence.

Should the court admit the photocopy?

• No, because the original questionnaire has not been shown to be unavailable.

• Yes, as a business record.

• Yes, as a statement for the purpose of obtaining medical treatment.

Answer explanation

The decedent's statement of his medical history was made for the purpose of diagnosis and treatment, and it is clearly pertinent to the physician's diagnosis and treatment. Therefore, it is admissible under Rule 803(4).

Choice A refers to the best evidence rule - A copy of a document is as admissible as the original unless a genuine question is raised about the authenticity of the original or the circumstances make it unfair to admit the copy. No such question or circumstances are present here.

Choice B is incorrect because for a recorded statement to be admissible as a business record under Rule 803(6), the business record must be kept in the course of a regularly conducted activity and it must be a regular practice of the business to make the record. Here, the record was made by the decedent, not by the physician, and there is no indication that the decedent regularly prepared such records.

A U.S. Senator issued an "award" for wasteful federal spending, referring to a grant to a professor studying fruit flies. The Senator announced the award on the Senate floor and in a press release. The Senator's statement referred to "tearing the wings off flies." The professor's study was a peer-reviewed experiment to develop safe ways to control agricultural pests. The professor brought an action for defamation against the Senator, who claimed congressional immunity from suit.

Is the Senator immune from suit?

• 
  No, because the Senator may be sued for remarks in the press release.

• Yes, because the Speech and Debate Clause grants immunity from suit for anything said on the floor of the Senate.

• No, because the remarks were not "legislative acts."

Answer explanation

The Speech and Debate Clause protects legislators and their aides against criminal or civil proceedings for "legislative acts." The clause means that members are not civilly liable for defamatory statements made on the floor of Congress. Members of Congress, however, can be liable based on defamation in press releases, newsletters, or other communications that injure reputation. Thus, the Senator is insulated from liability for remarks on the floor of the Senate, but not for the remarks in the press release.

Which of the following is NOT true regarding the defense of infancy?

• 
  A contract for necessaries is voidable by the minor.

• 
  A minor will not be liable for ordinary wear and tear after disaffirming an agreement.

• 
  Only the minor has ability to void the contract.

• 
  A minor loses the power of avoidance upon emancipation or marriage.

Answer explanation

This answer choice incorrectly states the minority rule. Under the majority rule, a minor will retain the power of avoidance even after emancipation or marriage.

A man who lived in the Northern District of State A was having a house located in a foreign country built by a contractor. The roof caved in at the first rainfall. The man sued both the contractor and the store owner that sold the roofing tiles. The contractor lived in the Northern District of State B, and the store owner lived in the Northern District of State C. The man filed his suit in the Northern District of State C based on diversity jurisdiction.

Assuming diversity jurisdiction exists, is venue proper in this action?

• No, because a substantial portion of events occurred in a foreign country.

• No, because the defendants are not residents of the same state.

• Yes, because the store owner lives in the Northern District of State C.

Answer explanation

For civil actions, the only available venues are: (1) the district where any defendant resides, provided that all defendants are located in the same state; (2) the district where a substantial portion of events occurred; and (3) the district where any defendant is subject to personal jurisdiction. Here, because the defendants are residents in two different states and the accident occurred in a foreign country, the correct venue can only be based on where a defendant is subject to personal jurisdiction. Because the store owner lives in the Northern District of State C and is subject to personal jurisdiction there, the Northern District of State C is a proper venue.

Complete the Rule :

The seller has the duty to convey marketable title to a buyer. Title must be free from any cloud or subject to any adverse claims. Title is unmarketable if the property has a ___________ defect such as 1) defect in the record chain of title, 2) encumbrances such as mortgages, liens, restrictive covenants, easements, and claims of adverse possession, or 3) zoning violation

Select All That Apply:

Hearsay exceptions where the unavailability of the witness is required

• Present Sense Impession

• Former Testimony

• Excited Utterance

• Dying Declaration

• Statement by a Party Opponent