MBE answers

• A compulsory counterclaim (a claim that arises out of the same transaction or occurrence as the plaintiff's claim) does not need to meet the jurisdictional amount requirement for diversity jurisdiction. However, a permissive counterclaim (a claim that arises out of an unrelated transaction) must meet the jurisdictional amount requirement.
• Supreme Court has held that a joint tortfeasor subject to joint and several liability is not a person needed for just adjudication
• After an assignment,  The assignee and the landlord are then in privity of estate, and each is liable to the other on all covenants in the lease that run with the land. The covenant runs with the land if the original parties so intend and the covenant "touches and concerns" the leased land, i.e., burdens the landlord and benefits the tenant with respect to their interests in the property. 
•  When an easement by necessity (a form of easement by implication) is implied because a landowner conveys a portion of their land with no way out except over some part of the grantor's remaining land, the owner of the servient parcel has the right to locate the easement, provided the location is reasonably convenient
• Evidence of a person's character is generally irrelevant and inadmissible in a civil case except in rare circumstances where character is directly in issue (e.g., defamation or negligent hiring cases).
• Congress does not have the power to legislate for the general welfare-there is no federal police power-but Congress does have the power to spend for the general welfare
• while duress is not a defense to murder, it is a defense to the underlying felony, and thus is a defense to the felony murder charge.
•  Recovery in a wrongful death action is allowed only to the extent that the deceased could have recovered in a personal injury action had he lived.
• Under vicarious liability rules, a principal will be liable for the tortious acts of an independent contractor if the duty is nondelegable on public policy grounds; included is the duty of a possessor of land to keep its premises safe for its invitees
•  Under miranda, A suspect may subsequently waive his rights by making a confession, as long as the waiver was knowing and voluntary. 
• A defendant may remove an action that could have originally been brought in the federal courts. 
• As such, when a case presents both legal and equitable claims, the right to a jury is preserved for all legal claims, but not for equitable claims
• Under the interlocutory appeals act, an "interlocutory order" that can be reviewed prior to final judgment only if the trial court certifies it for immediate appeal and the appellate court, in its discretion, agrees to hear the appeal.
• If legal and equitable claims are joined in one action involving common fact issues, the legal claim is tried first before the jury, and then the equitable claim is tried to the court. The jury's finding on fact issues will bind the court in the equitable claim
• Under Rule 41, dismissals for lack of prosecution are with prejudice and operate as an adjudication on the merits unless the court designates otherwise.
• Default judgments that are constitutionally or procedurally defective are subject to a collateral attack and may not be enforced under the Constitution's Full Faith and Credit Clause
• A party may serve on a nonparty a subpoena that compels the nonparty to produce physical material, including documents and electronically stored information, relevant to the pending action
• a request for production is used to request documents from parties. Nonparties require subpoenas.
• The Supreme Court may grant certiorari to review a case from the highest court in a state that can render an opinion on the matter if a state statute's validity is called into question under the federal Constitution.
•  the President has authority to enact some regulations for federal employees
• Larceny consists of a taking and carrying away of tangible personal property of another by trespass, with intent to permanently deprive the person of his interest in the property.
• "dramshop acts" create a cause of action in favor of any third person injured by the intoxicated vendee. Without a dramshop act, the bartender will not be vicariously liable.
• Specific performance is available only where the legal remedy (i.e., money damages) is inadequate. Money damages can be inadequate for a number of reasons, such as where the goods or services sought are unique. 
• specific performance is not available as a remedy regarding a contract for services.
• A court may relieve a party from a final judgment or order based on fraud, misrepresentation, or other misconduct of an adverse party, and such a motion must be made within a reasonable time not to exceed one year.
• a party must only produce documents relevant to its own claims or defenses.
•  the existence of an easement burdening the land does not breach the covenant of quiet enjoyment or right to convey, respectively.
• The covenant of quiet enjoyment is breached when the grantee is evicted by a third party with paramount title
• The covenant of right to convey is breached if the grantor lacks title
• The judge determines whether the testimony falls within an exception to the hearsay rule, and is generally not limited by the rules of evidence in making that determination. 
• For defamation, proof of actual injury is required by the Constitution only when a fault standard of negligence is applicable. If actual malice is established, the common law rules regarding presumed damages apply
• Discovery: anything not privileged that is relevant to a claim or defense by any party
• Work product of lawyers and others in anticipation for litigation may only be discoverable on the showing of substantial need and to avoid undue hardship in obtaining from other sources
• Congress's power to investigate is limited to matters on which it can legislate
• An express warranty will arise from any affirmation of fact or promise made by the seller to the buyer, or from any description of the goods, and any sample or model if the statement, description, sample, or model is part of the basis of the bargain. 
• At common law, a burglary is defined as a breaking and entry of the dwelling of another at nighttime with the intent of committing a felony therein
•  The prosecutor is required by the Due Process Clause to prove each and every element of a crime beyond a reasonable doubt. 
• Generally, payment of a smaller sum than due will not be sufficient consideration for a promise by the creditor to discharge the debt. However, the majority view is that payment of the smaller amount will suffice for an accord and satisfaction where there is a bona fide dispute as to the claim.
• This restitutionary recovery is usually based on the benefit received by the unjustly enriched party. If substitute performance is readily obtainable, damages are measured by the unpaid contract price minus the cost of completion
• To properly reject, the rejecting party must, within a reasonable time after delivery and before acceptance, reject the goods or notify the seller of the rejection.