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58 Cards in this Set
- Front
- Back
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Public Forum:
What is the TPM restriction require? |
Intermediate Scrutiny.
Adequate alternative channels of communication. |
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Statute is considered content neutral unless?
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Statute is trying to restrict the substance of what is being said.
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Can congress burden interstate commerce?
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Yes, it had plenary power on that subject
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Public Figure: (defamation)
What does actual malice require? |
Publication was known to be false or it was published with reckless disregard as to its truth or falsity.
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Public Figure:
Is it enough to show falsity and damages to prevail in defamation? |
No. need actual malice.
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Does the president have unlimited powers to entering into an executive agreements?
ie making all executive agreements valid? |
No. there are some limits on the president's powers to enter into executive agreements
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An executive agreement by the president is valid because?
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The president has plenary powers in the area of foreign affairs.
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Must the senate ratify the executive agreement by 2/3 vote?
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No. Ratification needed.
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Why is zoning ordinance valid?
City require adult theaters not be located 100 feet from eachother and 500 feet from residential neighborhood. |
Valid because material protected by 1st amend is subject to zoning and licensing requirement.
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Is an administrative judge a judge under article III?
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No.
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If you are a possessor of land, are you liable to your neighbor for damages if an independent contractor negligently fixed it?
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Yes, duty as a possessor of land = liable.
Negligence of independent contractor does not relieve duty owed to adjoining landowner. |
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What is a good defense for F, independent contractor, for damages caused to neighbors home?
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Could not reasonably foresee antenna would fall.
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Are parents vicariously liable for the torts of their minor children?
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No they are not vicariously liable unless statute says so.
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What is the liability of the rescuee to the rescuer?
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If a person, because of her wrongful conduct, gets herself into a position from which she must be rescued, the person is liable to the rescuer who suffers injuries while reasonably trying to aid her.
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Does a rescuer assume the risk where the alternative is to allow the threatened harm to occur?
i.e. A sees C dangling from rooftop about to fall onto electrical wires |
No.
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If T is alibi witness but cannot remember the exact date can atty show her a letter written by her and ask her to look at it again and try to answer?
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Yes. but witness cannot depend on the terms of the letter when answering.
Considering refreshing recollection. |
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Can parol evidence be admissible to attack a k on the grounds of fraud?
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Yes.
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Criminal trial:
B on trial for aggravated assault. B claims to be bystander. May B call W to testify that B has a reputation of a good loving person who would never hurt anyone? |
In crim, B is allowed to introduce evidence of his good character for the trait involved in the case to support the probability that he did not commit the crime.
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What is the merger doctrine?
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all covenants not collateral to the land sale k are merged into the deed.
Acceptance by buyer of the deed discharges the seller of all liability under the k. |
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What is the rule re: stream beds?
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Where the stream is a boundary abutting owners each own 1/2 of the bed.
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What happens in a race notice jxn?
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subsequent BFP protected only if she records before the prior grantee.
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What is the rule when there is a conveyance of a co-tenants interest in JT?
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Severs JT and the interest is subsequently held as a tenancy in common with other co-tenants.
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are persons detained for routine traffic stops considered to be in custodial interrogation?
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No, not in custody for Miranda purposes.
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Automobile search requires what?
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Probable cause.
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What does terry stop require?
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reasonable suspicion criminal activity afoot.
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Are infections and negligent medical treatment deemed to be a foreseeable risk of homicide?
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Yes. If J died of pneumonia from bullet wound that B intended to shot and kill him with.
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T/F:
where seller is merchant the risk of loss does not pass to buyer until buyer takes physical possession of the goods? |
True.
B pays for merchandise but before getting it S is robbed. |
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What is a warranty fit for particular purpose?
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Seller knows B is relying on S to pick a suitable good and B is relying on seller's expertise.
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What is warranty of merchantability?
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Arises in every sale by merchant and ensures that generally the goods shall be fit for ordinary purpose.
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T/F:
Once a buyer accepts goods, her right to reject non conformance generally lapses and only remedy is suit for damages? |
True.
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True/False:
When duty delegated to degelatee the deglator is no longer liable? |
False.
When duty is delegated to delegate the deglegator remains liable if there is a failure to perform by delegate. |
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Covenant not to assign is interpreted as?
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only barring the delegation of A's duty to pay some other party.
Not the assignment of right to receive A's payment. |
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What is the general rule for k assignment?
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All k's can be assigned
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What happens when a k is assigned in total?
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Total assignment includes delegation of duties
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Is a duty that calls for personal services delegable?
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No.
i.e. k calling for skilled negotiator. |
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May assignments be oral?
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Yes
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When is a unilateral k revocable?
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Revocable until performance has begun.
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Can offer be accepted by silence?
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No.
G does not accept F's offer by simply not replying to letter |
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If k is completely integrated, could it still be reformed due to mutual mistake?
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Yes
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installment k:
can buyer cancel entire k because of 1 defect in one installment. |
No. ucc allows cure
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Does notification of rejection need to be in writing?
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no
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May a buyer of defective goods recover personal injuries or property injuries?
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Yes, if considered foreseeable incidental and consequential damages
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Is a k by a minor enforceable against them?
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Generally, no.
Minors are bound for the reasonable value of necessities for which the k. |
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Is voluntary intox treated as equivalent to recklessness?
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Yes.
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Can the defense of necessity be used to justify criminal conduct?
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Yes, objective test.
If a reasonable person would have regarded the theft as essential to avoid starvation. |
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Can real or physical evidence obtained as a result of a Miranda violated be admissible?
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Yes.
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Can real or physical evidence obtained as a result of an involuntary confession be admissible?
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No, considered fruit of poisonous tree.
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Is all nudity obscene?
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No.
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What is the obscenity test?
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1. appeals to purient interest
2. portrays sex in patently offensive way 3. no serious literary, political, artistic value |
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Is obscenity protected by 1st amend?
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No
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Can continued public employment be a protect property interest?
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Yes, if there is a clear practice or mutual understanding that an employee can be terminated for cause only.
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Personal property T attached to real property may become a fixture if?
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If the T intended to improve the realty.
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Can a judge take judicial notice of a birthdate?
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No
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Can a judge take judicial notice that D has filed 25 frivilious law suits in the same court?
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Yes. records of any state or federal court may be judicial noticed - easily verifiable.
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How can a prior conviction be shown?
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By cross examination or introducing a record of judgment
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A witness (not D) may be impeached by? 2 things
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1. any felony conviction (unless 403)
2. conviction of any other crime requiring proof or admission of an act of dishonesty or false statement. (crime of embezellement counts) |
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How is the requisite intent for battery determined?
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By the substantial certainty that a harmful or offensive contact would result from intentional act.
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If you are liable for intentional tort-can u also be liable for neg or recklessness?
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Yes,
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