Identify Outcome-Determinative Legal Concepts - Next Generation Bar Exam

  1. What is an outcome-determinative legal concept?
    A legal rule or doctrine whose application is likely to decide the matter. Identifying it focuses analysis on the issue that controls the result.
  2. What legal concept determines whether a person who did not cause harm may be liable for failing to rescue?
    The general absence of a duty to act, subject to special-relationship and similar exceptions. Absent a duty, there is no negligence liability for nonfeasance.
  3. What legal concept determines whether a contract for goods may be enforced despite missing terms?
    UCC gap-filling under Article 2. A contract for goods does not fail for indefiniteness if the parties intended a contract and there is a reasonable basis for a remedy.
  4. A homeowner's houseguest is injured by a hidden dangerous condition the homeowner knew about. What concept determines the homeowner's duty?
    The duty owed to a licensee. A possessor must warn licensees of known dangerous conditions they are unlikely to discover.
  5. A defendant is charged with murder after killing a store clerk during an armed robbery he committed. What concept is most likely outcome-determinative?
    The felony-murder rule. A killing during a dangerous felony may be murder without proof of intent to kill.
  6. What legal concept determines whether a buyer of land takes subject to a prior unrecorded deed?
    The jurisdiction's recording act. The type of act, race, notice, or race-notice, controls priority.
  7. What legal concept typically determines whether an offeror may revoke an offer after the offeree mailed an acceptance?
    The mailbox rule. Acceptance is generally effective on dispatch, cutting off the power to revoke.
  8. What legal concept determines whether evidence of an out-of-court statement is admissible for its truth?
    The hearsay rule and its exclusions and exceptions. The purpose for which the statement is offered is critical.
  9. What legal concept determines whether a federal court may hear a state-law claim between citizens of different states?
    Diversity jurisdiction under 28 U.S.C. 1332. Complete diversity and an amount in controversy over $75,000 are required.
  10. What legal concept determines whether a shareholder is personally liable for a corporation's debts?
    Limited liability, subject to piercing the corporate veil. Veil piercing requires abuse of the corporate form, such as commingling or undercapitalization.

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