Identify Outcome-Determinative Legal Concepts - Next Generation Bar Exam
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.