How to Ace FYLSE/June 2019 Exam

1. Torts Fact Summary A wanted to hire S for a job and asked B to do a background check on S. B didn't know S but read about a convict named S so B told A that S was a convict. S was turned down and A told S that A believed him to be a convict. S got angry and got into a fight with D resulting in S's car being damaged by D. Interrogatories S v. B (defamation) S v. D (intentional torts) Outline DEFAMATION 1. False and Defamatory Statement 2. Of or About the Plaintiff 3. Publication 4. Damages - Constitutional Issues: Private Person in a Private Matter; - Bob Acted Negligently 5. Defenses (항변) - Truth - Consent - Qualified Privilege FALSE IMPRISONMENT ASSAULT BATTERY TRESPASS TO CHATTEL CONVERSION IIED Defenses - Duress 2. Contracts Fact Summary N drafted a contract stating that Nate will provide lawn care services to Ed for five years, with the full amount to be paid in advance, at the time the contract is signed. Nate intended the amount to be for $100 per month, for a total of $6,000 due in advance. N made a mistake in the price. The contract contained a final merger clause. Interrogatories N v. E Outline Applicable Law Valid Contract Offer Acceptance Consideration Statute of Frauds Parol Evidence Mistake Misrepresentation Incapacity Duress Anticipatory Repudiation Damages / Conclusion 3. Criminal Law Fact Summary A planned to C's house to take two paintings and sell them. A told B of her plan and offered to pay him a part of the proceeds if B gave her a ride and helped her load the paintings into his van. B said he needed to think it over. Shortly after sunset on Saturday night, Ben picked Ava up and they drove in his van to Claire’s house. Ava used a copy she had made of a key that Claire had given her to open the locked front door. Claire was sick with the flu and had decided not to go to her book club meeting. Claire walked into her living room just as Ava and Ben were taking down the first painting. Claire suffered from a serious heart condition. Claire screamed when she saw Ava and Ben, had a heart attack, collapsed, and died. Ben, not realizing that Claire had died, told Ava that he was through doing jobs with her and used his cell phone to call an ambulance. After Ben hung up the phone, Ava ran out without the paintings, but saw Claire’s diamond watch on a table, grabbed it, and took it with her as she fled. Interrogatories People v. B Outline CONSPIRACY PINKERTON RULE ACCOMPLICE ASSAULT COMMON LAW BURGLARY MODERN BURGLARY ATTEMPTED LARCENY ATTEMPT LARCENY HOMICIDE CAUSATION ACTUAL CAUSE PROXIMATE CAUSE MURDER MALICE INTENT TO KILL INTENT TO CAUSE SERIOUS BODILY HARM DEPRAVED HEART KILLING FELONY MURDER DEGREE OF MURDER First Degree Murder/Second Degree MITIGATION INVOLUNTARY MANSLAUGHTER DEFENSES Withdrawal from Conspiracy 4. Contracts Fact Summary Outline GOVERNING LAW OFFER ACCEPTANCE CONSIDERATION ENFORCEABILITY STATUTE OF FRAUDS BREACH MINOR BREACH? WAIVER OF CONDITION MAJOR BREACH FRUSTRATION OF PURPOSE ANTICIPATORY REPUDIATION MITIGATION DAMAGES EXPECTATION DAMAGES CONSEQUENTIAL DAMAGES LIQUIDATED DAMAGES RELIANCE DAMAGES NOMINAL DAMAGES INCIDENTAL DAMAGES OUTCOME