Bar Study Set 1

Front 1

Hearsay

Back 1

Out of court statement offered for the truth of the matter asserted

Front 2

Comparative Negligence

Back 2

Doctrine that allows you to collect even if you are in part at fault for your own damages.
Contrast to contributory negligence.

Front 3

Joint Liability

Back 3

Each tortfeasor is liable up to the full amount of damages.

Front 4

Joint and Several Liability

Back 4

Plaintiff can recover full amount of damages from any tortfeasor, who can then seek damages from other tortfeasors for their share.

Front 5

Negligence

Back 5

Duty
Breach
Actual Cause
Proximate Cause
Harm

Front 6

Assault

Back 6

Apprehension of immediate battery

Front 7

Battery

Back 7

The volitional harmful or offensive touching, of another, without consent.

Standard defense is Consent.

Front 8

False Imprisonment

Back 8

Intent to confine, and does actually confine, a person within fixed boundaries, without justification or consent.

Duration is not relevant.

Front 9

Intentional Infliction of Emotional Distress

Back 9

Intent
Extreme or Outrageous Conduct
Causation
Resulting severe emotional distress

Does NOT require physical harm

Front 10

Trespass to Land

Back 10

-Actual interference with right to exclusive possession
-Intent or negligence

Can use defense of privilege of necessity if harm of [threat] was greater than harm done by trespass, but still liable for actual damages.

Front 11

Conversion

Back 11

Major interference w/ personal property interest

Damages: full value of chattels

Front 12

Reasonable Person Standard & Exceptions

Back 12

General standard for negligence

Exceptions: Children, special ability/training, disability
These use Similar Person Standard

Front 13

Assumption of Duty

Back 13

-If you cause harm/peril to another
-if you have a close relationship
-contract
-if you begin a rescue
-if there is a good Samaritan statute

Front 14

Vicarious Liability of Employees

Back 14

employers are not vicariously liable for employees EXCEPT for actions carried out in the course of business

Front 15

Landowner Liability

Back 15

-no duty to warn about natural conditions
-Must warn Licensees IF he knows of conditions

Front 16

Attractive Nuisance Doctrine

Back 16

Dangerous artificial conditions
Landowner must give warning
Does not need to be the reason plaintiff entered property

Front 17

Murder & Intent

Back 17

Killing of another human with malice aforethought

Intent to kill, commit serious bodily injury, or commit Dangerous Felony

Front 18

Felony Murder & Enumerated Felonies

Back 18

covers unintentional murder arising from commission or attempt of dangerous felony

B-Burglary
A-Arson
R-Robbery
R-Rape
K-Kidnapping

Front 19

Depraved Heart Murder

Back 19

unintentional killing from extremely reckless conduct (speed boat through crowded lake, etc.)

Front 20

Transferred Intent

Back 20

If you intend to harm one person and instead harm another, "intent follows the bullet"

Front 21

Manslaughter (types)

Back 21

Voluntary- intentional, heat of passion w/ adequate provocation

Involuntary- unintentional, resulting from criminally negligent conduct

Misdemeanor- arising from assault or battery

Front 22

Self Defense

Back 22

person is provileged to use reasonable force in self defense when threatened with injury or harm
Lethal Force? when threatened w/ imminent, serious bodily injury or death

Front 23

Agency Theory

Back 23

Modification to felony murder theory- Felon only responsible for his own acts or those of his accomplices (not police, bystanders, etc.)

Front 24

M'Naghten Rule

Back 24

1) disease of the mind that
2) caused a defect of reason
3) which left defendant, at time of action, lacking ability to:
a) know wrongfulness of actions OR
b) understand nature & quality of actions

Front 25

Larceny

Back 25

trespassory taking and carrying away(asportation) of personal property of another w/ specific intent to steal

Front 26

Larceny by Trick

Back 26

Taking is accomplished by lies, deceit, or false pretense

Front 27

Embezzlement

Back 27

misappropriation of property of another by one who is in rightful possession

Front 28

Accomplice Liability

Back 28

someone who assists principal with a crime, with intent that crime be committed, before or during the commission of the crime
*absent a statute otherwise, the mere knowledge that a crime might result from sale of goods at ordinary prices is insufficient

Front 29

Larceny by False Pretenses

Back 29

defendant obtains TITLE by means of lies, deceit, or false pretenses

*cash transferred without reservations = title transferred as well

Front 30

Attempt

Back 30

1- Specific Intent to commit target offense
2- Substantial step in furtherance of intent

*No transferred intent for Attempt crimes

Front 31

Arson

Back 31

(CL) malicious burning of a dwelling house of another

Intent OR Reckless Disregard

Front 32

Burglary

Back 32

(CL) breaking and entering of the dwelling house of another at night with specific intent to commit a larceny or a felony

Front 33

Intoxication

Back 33

ordinarily a defense to specific intent crimes

NOT when you form intent before drinking ("for courage")

Front 34

Specific Intent

Back 34

requires not just DOING act, but doing it with Specific Intent

Front 35

Conspiracy

Back 35

Each person who takes part in the planning of a crime is guilty of conspiracy

Withdrawal: defense to conspiracy so long as conspirator effectively communicates intent to withdraw to fellow conspirators

Front 36

Duress

Back 36

Defense to any crime EXCEPT homicide, but may reduce murder to manslaughter

Front 37

Grand Jury

Back 37

exclusionary rule does not apply

Front 38

Routine Traffic Stop

Back 38

officer can make driver and passengers get out of car

Front 39

Stop and Frisk

Back 39

requires reasonable suspicion

tips work, but only if sufficiently reliable

Front 40

Curtilage/Open Fields

Back 40

-expectation to privacy in curtilage
-outside curtilage is open to public & so can be searched
*even if cops destroy fences etc, the search of an open field can be admitted- might have liability in tort law for trespass

Front 41

Public School Officials

Back 41

just need "reasonable grounds" to search

ex. multiple reports that a student is engaging in illegal activity on campus

Front 42

MIRANDA

Back 42

to have an issue:
1) In custody
2) Interrogation

Front 43

Post-Charge Line Ups

Back 43

post-charge line ups are a critical stage of prosecution; defendant has 6th Amendment right to counsel
-attaches as soon as line up begins

Front 44

Fee Simple Determinable

Back 44

durational
O grants blackacre to A and A's heirs, [So long as, during, while, or Until] [some condition]
-if condition is broken, possibility of reverter back to O

Front 45

Fee Simple Subject to a Condition Subsequent

Back 45

O grants blackacre to A and A's heirs [on condition that, provided that, however, if, or but if] [some condition]
-If broken, right of re-entry for O and O's heirs/assigns,
-Different than a reverter b/c O/heirs must take some action, usually an ejectment action

Front 46

Fee Simple Subject to an Executory Interest

Back 46

-can use FSD or FSStCS language
-if broken, property goes to a 3rd party
-subject to RAP!

Front 47

Restraint Against Alienation

Back 47

ALWAYS void as a matter of public policy when a direct restriction on a fee simple

Front 48

Tenant Duty to Licensee

Back 48

Tenant has duty to warn of known dangerous condition that creates an unreasonable risk of harm AND that licensee is unlikely to discover on his own.

Front 49

Violation of Statute (in re Tort Law)

Back 49

Excused where complying is more dangerous than violating the statute

Front 50

Comparative Negligence

Back 50

Offset plaintiff's fault from defendant's, assume this is the case on the test

Front 51

Strict Contributory Negligence

Back 51

if P is even slightly negligent, he loses his claim entirely
UNLESS tortfeasor was more than negligent (ie reckless, wanton, intentional)

Front 52

Products Liability

Back 52

Can't show negligent design without D being "on notice"
Where a company knows a product is misused, it must give warning
Lack of warning + Dangerous Defect = possible Strict Liability

Front 53

Strict Liability

Back 53

Harm specific- only applies for type of harm statute is designed to prevent (or if injury occurs while trying to escape that harm)

Front 54

Defamation

Back 54

general standar is negligence
*heightened standard for public figures
-must show reckless disregard for truth

Front 55

Privacy

Back 55

1- Appropriation of Likeness without consent
2- False Light
3- Public Disclosure of Private Fact
4- Intrusion on Solitude

Front 56

Private Nuisance

Back 56

substantially/unreasonably interferes with private use and enjoyment
-use "average" member of community to set this standard

Front 57

Limits to Life Estates

Back 57

Life tenants can do most activities so long as they do not extend past the LT's interest
-Exception is Waste
-Holder (LT or Per Otro Vi) is responsible for taxes etc.

Front 58

Waste

Back 58

LT's and Tenants for years are caretakers of property
-must be handed over in same condition
-may only tear down a building if CHANGED conditions render it uninhabitable
Mining- can be continued if it existed before LT entered

Front 59

Class Gift

Back 59

class members who predecease testator take nothing
children born after class closes cannot take
when any member of class CAN take, class closes