CRIMINAL LAW I. II. **Use Common Law unless otherwise noted.

Best answers usually involve mens rea, whether the had it or not.

REAL PROPERTY I. Tennessee Uniform Residential Landlord and Tenant Act a. Applies to counties with population more than 68,000 i. 17 Counties that Uniform Act covers (MEMORIZE): 1. Shelby 2. Davidson 3. Knox 4. Hamilton 5. Anderson 6. Blunt 7. Bradley 8. Madison 9. Maury 10. Montgomery 11. Severe 12. Sumner 13. Wilson 14. Rutherford 15. Sullivan 16. Washington 17. Williamson b. Key Provisions of the Act to know: i. Certain provisions that are prohibited in residential leases: 1. No lease may authorize a confession of judgment 2. No lease may agree to any limitation of liability 3. No lease may provide that tenant waives any rights under the Act ii. Landlord has to make all repairs and do whatever is necessary to keep the premises in a habitable condition iii. Landlord has to supply essential services (gas, heat, electricity, anything else that materially affects the health and safety of tenant) 1. If Landlord fails, then tenant can sue for damages including attorneys fees 2. Tenant can get substitute accommodations while landlord refuses and during that time, tenant can refuse to pay rent. iv. Security deposits must be in a separate account

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1. Landlord makes a list of damages after tenant leaves this is deemed accurate unless the tenant successfully sues the landlord v. Expedited eviction 1. Landlord may end the lease on three(3) days notice if an tenant or anyone with tenants permission on the premise willfully/intentionally commits a violent act 2. Tenant can file for injunction and win attorneys fees Rule Against Perpetuities Cheats a. If conveyance has proper names: i. Tip 1 The last person mentioned by proper name with a future interest will get the property b. If conveyance has no proper names: i. Tip 2 The next subsequent party not mentioned by proper name will get the property ii. Tip 3 Everybody following that party lose; property reverts back to grantor c. Rights of first refusal (how RAP gets tested a lot these days) i. If right of first refusal is held by heirs and assigns, then we have a RAP problem ii. If the right of first refusal is held by specific people, no RAP problem Easement a. Mere non-use is not grounds for abandonment of the easement

CONSTITUTIONAL LAW I. a republican form of government = ALWAYS A WRONG ANSWER. II. When you have a law that violates both Substantive Due Process and the Equal Protection Clause, GO WITH THE Equal Protection Analysis. III. Discrimination by private party doesnt trigger EPC, unless the private individual was performing exclusively public function or unless there is significant state involvement IV. State discriminates out-of-staters, its usually for P&I under Article IV a. Respect to right to earn a living b. Civil rights TORT I.

IIED and NIED The exam doesnt tell you which theory to analyze a. Both require OUTRAGEOUS conduct b. Intent (desire, substantially certain to occur); Negligent (careless acts) c. With IIED, causation requires that suffer severe emotional distress (no physical harm necessary) d. With NIED, physical harm necessary (headaches, etc.) unless: i. Mishandling of a corpse ii. False reporting of a death

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Negligence a. Industry standard answer = WRONG b. Breach/Fail to exercise reasonable care = GOOD ANSWER c. Proximate cause: Criminal act is usually a superseding act, unless had knowledge of criminal acts Vicarious negligence a. Parent/Child: Parent not being vicariously liable is ALWAYS WRONG because they can be a negligent on their own accord. Ultrahazardous activities a. When you items that make you blow up, bleed profusely, makes you melt, burn, die = ULTRAHAZARDOUS

EVIDENCE I. 4 Questions to ask initially in Evidence: a. Criminal/Civil court? b. Direct/Cross/Re-direct? c. What is the purpose of the evidence? i. Propensity Character 1. Criminal Case a. Defendant can allow good acts (opinion or rep) i. Prosecution can rebut (opinion or rep) ii. Prosecution can also ask about specific acts to question credibility of a witness (to test how well the witness knows the defendant) b. Victims reputation (opinion or rep) c. Rape cases i. Specific acts only ii. Credibility Impeachment iii. Truth Hearsay d. Relevant? (Usually relevant in MBE) II. Bolster = WRONG ANSWER III. Admission answer > Hearsay answer

CONFLICT OF LAWS I. II. Identifying conflict of laws: People in the fact pattern mention more than one state. Three kinds of Conflict of laws question: a. Territorial jurisdiction Defendant will argue you cant sue me here in this forum b. Foreign judgments Parties were in litigation in some other state and then another suit is subsequently filed with the argument that the second lawsuit follow the law of the state of the first state c. Choice of law Have to choose the law of the forum or another state Domicile a. Where a person reside although a person has only one domicile, residence doesnt have a single definition because people can have more than one home

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CONTRACTS I. MBE 34 questions a. Formation (13-14 questions) b. Defenses to formation (2-4 questions) i. Statute of Frauds c. Contract terms (2-3) i. Parol evidence ii. Shipping iii. Mistake d. Conditions (2-3) e. Third Parties (3-4) f. Assignments/Delegations (3-4) g. Excuses to performance (2-3) h. Breach and Remedies (7-8) Quasi-Contract: only pick if a. No formal agreement b. Evidence of unjust enrichment Non-conforming goods a. What can the buyer do when seller fails to perfect tender (when no accommodation notice is there)? i. Buyer can accept goods and pay contract price ii. Buyer can timely reject the entire shipment and sue for damages/cover iii. Buyer can accept in part and reject in part (less any damages because of the nonconforming shipment) b. If a notice of accommodation is accompanying a delivery of nonconforming tender, that delivery is a COUNTEROFFER (buyer can accept/reject, but cant sue)

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