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52 Cards in this Set
- Front
- Back
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What are sufficient methods of confinement or restraint for false imprisonment?
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[1] physical barriers, [2] physical force; [3] threats of force; [4] failure to release; [5] invalid use of legal authority
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What is the remedy necessary for [1] Trespass to Chattels; and [2] Conversion?
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[1] Recovery of actual damages from harm to chattel or loss of use (if dispossession, damages based on rental value); [2] Damage award of FMV of chattel at time of conversion (i.e., forced sale of chattel). May instead recovery chattel (replevin)
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What are the limitations of force being used to recapture chattel?
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[1] Timely demand is required; [2] Recovery only from wrongdoer; [3] Entry on land to remove chattel – (a) can enter wrongdoer’s land; (b) Innocent party’s land – notice must be given and it must be done at a reasonable time; (c) if owner’s fault, then only through legal process
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For a PRIVATE PERSON and matter of PUBLIC concern, [1] What is the Fault required? [2] What are the damages recoverable?
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[1] At least negligence as to statement’s truth or falsity; [2] Damages only for proved “actual injury” (if Π proves actual malice, presumed and punitive damages may be available)
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Is there a duty to protect those off the premises from natural conditions? From artificial conditions?
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Not from natural conditions. But there is duty to protect from unreasonably dangerous artificial conditions or structures abutting adjacent land.
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What are the two situations where physically injury is not required in NIED?
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Erroneous report of relative’s death and mishandling of a relative’s corpse.
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Are damages reduced if a Π receives $ from another source?
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No
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What does compliance and noncompliance with government standards show in products liability claims?
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Noncompliance establishes that it was defective. Compliance is evidence, but not conclusive, that the product is not defective.
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What is a private nuisance?
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A substantial, unreasonable interference with another private individual’s use or enjoyment of property that he actually possesses or to which he has a right of immediate possession.
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What is a quasi-K?
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It’s not really a K. It’s a remedy that is granted. Aka Restitutionary relief
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When does revocation of an offer sent through the mail become effective?
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Once it is received.
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What are the contracts within the SOF?
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[1] Promise in consideration of marriage; [2] Promise by executor or administrator to pay an obligation of the estate from his own funds; [3] Promises to answer for the debt of another; [4] K not capable of being performed w/in a year of the date that the K was entered into; [5] Promise creating an interest in land; [6] Sale of goods for $500 or more; [7] Modifications
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For mutual mistake of material fact, what are the differences when the mistake concerns the nature of the subject matter and the mistake concerns the value of the subject matter
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Nature of the subject matter – no K. Value of the subject matter – no relief available.
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What facts trigger PER?
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[1] written K intended as final agreement (totally or completely integrated); [2] Earlier of contemporaneous agreements; the PER does not apply to oral or written agreements made after the final writing; it does not apply to modifications.
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What is FAS?
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Free along side (ship or port)
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What are the triggering facts for an IWOF?
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Buyer has particular purpose; buyer is relying on seller to select suitable goods; seller has reason to know of purpose and reliance
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What is a condition coupled with a covenant?
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An event that affects the duty to perform that is to some extent within the control of one of the parties and creates a legal obligation on the party to use reasonable good faith efforts to cause the event to occur.
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Sale of Goods – What is required for the rejection of the goods?
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[1] Notice – buyer that wishes to reject must notify the seller. Must take affirmative action to avoid acceptance.
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Sale of Goods – What’s the effect of breach on risk of loss if the seller has identified conforming goods to the K, and the buyer repudiates or otherwise breaches the K before the risk has passed to her?
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The risk of loss falls on the buyer to the extent of any deficiency in the seller’s insurance coverage.
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What is Novation?
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Substitution of a party. Immediate excuse. It requires agreement of both parties to the original contract and the new party. It’s different than delegation.
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What are speculative damages?
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Damages must be established to a reasonable certainty (not mathematical accuracy). Where Π’s expectation damages are too speculative to measure, reliance damages may be recovered.
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What is a seller’s right of reclamation?
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An unpaid seller has no special rights in goods it has delivered to the buyer even though it has not yet been paid for the goods. The seller can obtain special rights by obtaining A9 security interest or by meeting the requirements of § 2-702. Under § 2-702, An unpaid seller has the right to reclaim its goods if: [1] it is a credit sale; [2] the buyer is insolvent when it receives the goods; [3] demand for return is made w/in 10 days of buyer’s receipt of the goods or within a reasonable time if buyer made false representations of solvency.
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X contracts w/ Y to perform janitorial services. Y then delegates the contractual duty to perform janitorial services to Z. Who is [1] Delegating party? [2] Delegate? [3] Obligee?
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[1] Delegating party – Y [2] Delegate – Z (person to whom the duties are being delegated; [3] Obligee – X (the one to whom the duties are owed)
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Assignee vs. Obligor – generally
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Assignee takes the place of the assignor. The obligor generally does not participate in the assignment.
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Define recklessly
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When a person knows of a substantial and unjustifiable risk and consciously disregards it.
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When is a killing considered as involuntary manslaughter?
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If it was committed with criminal negligence (grossly negligent) or during the commission of an unlawful act (misdemeanor or felony not included w/in the felony murder rule)
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What are the elements of forgery?
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[1] Making or altering (by drafting, adding, or deleting); [2] A writing w/ apparent legal significance (e.g., a K not a painting); [3] So that it is false; i.e., representing that it is something that it is not, not merely containing a misrepresentation (e.g., a fake warehouse receipt, but not an inaccurate real warehouse receipt); [4] with intent to defraud (although no one need actually have been defrauded)
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What are the warrantless search exceptions? (mnemonic)
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PI CHASE – [1] Plain View; [2] Incident to Lawful Arrest: [3] Consent; [4] Hot Pursuit; [5] Auto Search; [6] Stop & Frisk; [6] Evanescent Evidence (Exigent Circumstances)
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6th Am guarantees …
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The right to the assistance of counsel in criminal proceedings
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How do you use an EP-based attack on peremptory challenges?
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[1] Δ must show facts or circumstances that raise an inference that exclusion was based on race or gender; [2] upon such showing, Ø must come forward w/ race-neutral explanation for strike. [3] Judge then determines whether Ø’s reason was the genuine reason or merely a pretext.
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Death Penalty 2nd sentence
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[2] There can be no automatic category for imposition of the death penalty. (Ex: if you kill PO, you’ll get death penalty – this is unC’l)
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How do you eliminate the priv against self-incrim?
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[1] Grant of immunity; [2] No possibility of incrim; [3] Waiver of priv
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Describe the Four Unities test
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TTIP – [T] Unity of TIME – all joint tenancy interests must have vested at the same time; [T] Unity of TITLE – The grant to all joint tenants must be by the same instrument; [I] Unity of Interest – All joint tenants must take the same kind and same amount of interest; [P] Unity of Possession – all joint tenants must have same/identical rights of possession.
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What are the landlord’s options in a Tenancy at Sufferance (The Holdover Tenant)?
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[1] Sue to Evict; [2] Impose a New Periodic Tenancy
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Assignment – general rule of liability
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A tenant is liable to the landlord for rent if there is either privity of estate or privity of contract
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How can you obtain an implied easement by previous use by a common grantor/owner?
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There must be a previous use by a common owner and this previous use must satisfy three requirements: [1] Continuous; [2] Apparent (open & obvious); [3] Reasonably necessary
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AP - L______?
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Lasting – the possession must last for the statutory period. Apply the relevant time period as specified in the facts of the question. If no such time period is specified, use the common law period of 20 years.
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Admissible – causation?
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Yes – to prove cause and effect ---- ** People getting sick at same time at restaurant
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What is the first basic rule for proving character in criminal cases?
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Basic Rule 1 - Bad character, whether in the form of specific acts of prior misconduct, prior crimes or convictions, bad opinion or bad reputation, is not admissible at the initiative of the Ø if the sole purpose is to show criminal disposition in order to infer guilt from disposition.
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What is the Solicited Reply Doctrine?
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Proof that disputed document came in response to prior communication. (e.g., it’s highly unlikely that someone would intercept an offer and send a fake acceptance.) It’s a way to authenticate writings.
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What are the elements of a Dead Man Statute?
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[1] W on stand must be interested; [2] W must testify for his interest; [3] W must testify against decedent or his interests; [4] subject matter of testimony is important. W can testify, but just not about something like communication and transaction (anything else is ok); [5] strictly civil – NO criminal; [6] Even if you have all 5, you can have a waiver (ex: if decedent’s deposition makes it before the jury)
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What are possible sources for an expert’s proper factual basis?
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[1] personal observation; [2] facts made known to the expert at trial (hypos); [3] facts not known personally but supplied to him outside the courtroom and of a type reasonably relied upon by experts in the particular field (ex: Dr. relies on x-ray tech’s opinion of x-ray)
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What are the Means of Proof and necessary foundation for the Impeachment Method of Prior Inconsistent Statements?
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[1] Means of Proof – (a) Cross-X, (b) Extrinsic E (if not a collateral matter); [2] Foundation – W must be given opportunity to explain or deny the inconsistent St (exception for hearsay declarants)
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What are the requirements of a spousal immunity privilege?
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[1] Valid marriage at the time of trial (makes no difference if testimony sought concerns pre-marriage activities); [2] Protects against any and all testimony; [3] holder of privilege is W spouse and not party spouse; [4] Applies only in a criminal case.
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What’s the definition of former testimony?
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Testimony given in earlier proceeding by person now unavailable is admissible if [1] party against whom testimony is offered had, during earlier proceeding, an opportunity to examine that person and motive to conduct exam was similar to the motive it has now, or [2] in civil case, party against whom testimony is offered was in privity (a predecessor in interest) w/ a party to earlier proceeding who had opportunity and similar motive to examine.
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What is the definition of a Present sense impression?
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A statement describing or explaining an event or condition made while declarant was perceiving the event or condition or immediately thereafter.
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CON LAW
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CON LAW
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What is the N&P Clause?
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Congress has the power to make all laws necessary and proper (appropriate) for executing any power granted to any branch of federal government. It must work in conjunction w/ another law. So look for answer choices w/ another federal power linked to it.
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What is the Art. IV P & I Clause?
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Prevents economic discrimination by one state against citizens or residents of another state, unless a substantial reason exists
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What is the process required for: Termination of Parent’s Custody Rights?
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Prior notice and prior evidentiary hearing
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What are property interests (entitlements)?
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Right to public education; welfare benefits; liability benefits; continued public employment where termination can only be “for cause”; revocation of a driver’s license
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Describe fraudulent commercial speech as an unprotected speech
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Generally commercial speech is protected by may be restricted as to false or deceptive advertising or illegal products; a lawful, narrowly tailored regulation will be valid if it directly advances a substantial government interest and there is a reasonable “fit” between the means used and the legislation’s end; attorney may advertise, provided it is not misleading; in-person solicitation is not protected.
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