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284 Cards in this Set
- Front
- Back
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Property
Man owed track in fee simple. Built a bar, but bar actually on land owed by neighbor. Dies and leaves to 1 year old girl. Adverse possession? Or Statute Toll for Girl |
Man was in continuous possession for statutory period. Disability only counts if it was in existence from day 1 of the AP
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Crim
Conspiracy to find steal painting. Thief steals cocaine/ one waits in the car. Charged with conspiracy to steal the cocaine? |
Not liable as a conspirator for all crimes resulting from the conspiracy since the conspiracy did not involve the cocaine. May still be liable as an accomplice
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Evidence
Man tells doc his back is fine, car accident tells insurance always had the bank pain. Admissible for doc to testify |
Admissible since he was not seeking a diagnosis, but to apply for life insurance policy. Do not always need a fraud
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Torts
Woman driving with suspended lic is hit by woman who crashes into her. Reason why expired lic doesn't affect claim |
Prevention of accidents is not the reason drivers are req to renew. A valid lic would not prevent the accident
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Contracts
Contractor agreement with homeowner for specific renovations. Buys 4k of materials (can't resell), and expects 2k in profit. Women breaches damages? |
Can recover lost profit 2k + 4k
Construction can get lost profit+ costs |
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Storeowner used actresses picture. Is sued by her? Liable
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Yes even if without profit, Liable in tort for using it without her permission
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Property
Notice Statute Question |
Subsequent Purchaser prevails over prior grantee who fails to record. No actual notice at the time of the conveyance.
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Property
What is there is no recording statute |
First in time, first in right
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Torts
Mentally ill patient escapes hurts a resident. Hospital Liable? |
Negligence presumed from the escape (Res Ipsa ioquitor)
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Employee is terminated from state job. Has post termination hearing and then sues in federal court.
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He must be given a pre-termination, and post termination hearing.
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Hunter shots elk on federal land/military base. He removes carcus, best clause?
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Supremacy clause. ~~the federal legislation overrides state law due to the property clause.
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Joint Tenancy~ one guy dies after an oral promise to allow crops. Why is investor the owner after other guy does
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SOL makes the oral promise invalid
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Crim
Guy throws ball at refree but referee doesn't see him nor does guy intend to hit him. Assualt |
No Assault due to both. No specific intent to harm, but since refee didn't see no specific
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Torts
Defamation. Newspaper showing salesman with two officers. |
Defemation because it shows him in a bad light
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Hunter shots elk on federal land/military base. He removes carcus, best clause?
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Supremacy clause. ~~the federal legislation overrides state law due to the property clause.
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Joint Tenancy~ one guy dies after an oral promise to allow crops. Why is investor the owner after other guy does
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SOL makes the oral promise invalid
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Crim
Guy throws ball at refree but referee doesn't see him nor does guy intend to hit him. Assualt |
No Assault due to both. No specific intent to harm, but since refee didn't see no specific
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Torts
Defamation. Newspaper showing salesman with two officers. |
Defemation because it shows him in a bad light
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Torts
Negligence. Is spouses negligence imputed to the the other |
No
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Contracts
Agreement to install bottling. 1st payment on design, 2nd on installation. Install by march 10. Installation on 25th? |
No because neither party manifested that time was of the essence
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Race Notice Statute
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Sub BFP is protected only if she records by prior grantee. Notice is at the time of conveyance
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Contracts~ Storeowner is to be paid by landlord for painters job, isn't consulted for modification
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Modification can take place without 3p before his rights vest. Vest when assent
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Property
Mortgage priority |
Time it was placed on the property. Buyer takes as when it was mortgage was placed on property. Terminate Junior interests. Junior has right to pay off senior. Thus junior is necessary party
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Evidence
~Challenge to the best evidence rule |
May be In the presence of the jury, both sides
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Crim
Knowingly possession a substance. Left in Friend's Garage |
knew or believed that it contained the drugs
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Torts
Company electrically charges it's property, trespasser gets hurt |
Cannot use unreasonable force to protect your (normal duty if you just have an easement)
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Evidence
Sexual harassment records? Hearsay? Best Evidence Rule? |
Sexual harassment claims are not normal business records, under no duty
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Property
Recording of a plan of a public roadway |
Dedication of an access ramp
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Torts
Women accuses wrong man of stealing on airplane, security guard shows his gun. Assault |
Yes (creating a reasonable apprehension of p of immediate harmful or offensive contact)
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Con Law
Regulating adult bookstore |
If the ordinance is designed to serve a substantial government interest and doesn't limit alternative avenues of communication.
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Property
Adverse possession/ conveyances. When does statutory period start |
When someone can posses it then the statutory period can begin
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Criminal Law
Jury instructions- If questions that the D should prove by a preponderance ..then he shall be liable for or if the jury says one element negates if d proves |
Invalid due to his due process clause
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Contracts
If the seller can reasonably cure a day or so after the contract |
It might be considered reasonable based upon the facts. Especially if seller had reason to believe it would be ok
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Property
to vet as long as used for animal shelter, if not then to american cancer. Survived by daughter, will says all property goes to friend . Who joins in on the sale |
The friend must join in on the sale. Void until the rule against perup
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Con Law
To get a license all products must be 40% from this state. Which clause |
Commerce clause since it burdens interstate commerce.
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Torts
Defamation of a public figure e.g. mayor |
For a public offical the reporter/paper needs to know the story is false
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Contracts
Parol Evidence |
Any statements before the writing don't count
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BFP and Covenants
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donnees aren't bfp
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Contracts
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Subsequent repairs well while relevant and not admissible
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Torts
Duty of care owed to a trespasser when you know / and let him on the property, and accidently shoot him |
Still owe a duty and if you shoot him you owe him full damages even if he was drunk
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Evidence
If statute says 7 years home owner presumed dead |
Jury not judge must find the insured to be dead, but look to the facts, can be proven otherwise
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Con Law
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Priv and Immunities does not protect aliens
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Con Law
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Congress has the power to limit the jurisdiction of SC in regards to maritime
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Property~tolled sol for disability during adverse posession
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Must of had the disability at the time the cause of action accrued
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Torts
Def- Picture of guy in public place is taken and makes him look obsese |
Can sue because he was placed in a false light
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Property
What would make a title unmarketable |
The lessee's option to purchase , RAP doesn't apply
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Property
Tenants assignment to friend. Friend doesn't pay taxes |
Landlord can still sue tenant. Tenant still liable
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Torts
Strict liablity |
If P has evidence of defect before product left shop it doesn't matter that has was also negligent
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Contracts
Buyer assigns to friend who breaches, can seller sue friend |
yes because he was a 3p with respect to the friend and buyer's contract
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Torts
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contribution is between actual tortfeasors, indemnity is when one is held liable just for a relationship
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Evidence
Crim trial witness testifies, in civil trial she is dead. Want to enter a police report. Hearsay |
Hearsay, not business record. Police reports are not business records when a woman has no duty
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Contracts
FOB |
Fob to dealers shop, must mean dealer does not have to pay. Seller has to pay to the destination
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Property
Guy gets a lien for a judgment of $30k other guy gets 1 mortgage for 30k then another for 20k both record. Foreclosure sale how do you distribute |
Bank gets 30k, financial gets 20k defaulter gets 40k ...lien guy gets nothing
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When an interest is foreclosed
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After expenses and fees proceeds are used to pay principal/interest on loan for, next to pay off junior liens. Injured parties lien continues with regards to next buyer
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Evidence
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Can impeach a witness with a former conviction, don't pick the appeal answer
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Crim Law
Felony murder |
Must be independent felony
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Torts
Wife had botched surgery least likely to recover |
Lost profits from raising the child
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Torts
Any negligence on the part of the mother |
Not to be imputed to the child
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Evidence
Exclusionary rule |
Does not apply to the knock and wait
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Evidence
Allowing the police to enter |
Is no consent to allowing a bedroom closet to be searched
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Con Law
Congress wants to limit the federal court from order busing busing as a remedy for past racial discrimination |
Congress cannot usurp the court's authority to define the scope of the equal protection clause
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Torts
IIED. What would be the most helpful in a suit (women accused of adultery) |
Religious beliefs would trump her losing her job
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Evidence
Photograph into evidence (employee took it, witnesses testifies to its accuracy at the time) whose testimony is needed |
Only the witness
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Crim law
Throwing a dead body into the ocean without check |
Vol Manslaughter, criminal negligence
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Evidence
"Word Craftsman" on toolbox relevant? |
Yes
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Torts
Giving a car that you borrowed to someone else unauthorized and that person takes it on serveral 900miles trips |
Substantial interference, get the fair market value of the car under conversion.
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Property
Lessees if property is taken over my imminent domain |
leasehold is a property interest she gets to share in the value of the contribution award minus her rent she would have had to pay
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Property
Sellers incapacity |
has no effect on a title transfer .
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Evidence
P calls witness to say D wanted to bribe witness to testify |
Substantive- admission so it is not hearsay
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Contracts
Accord/satisfaction if the creditor breaches the accord |
If creditor breaches accord, debtor can bring up accord agreement, as eq def or wait until he is damaged
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Crim Law
Self-incrimination |
Can't use it if you already waived it before
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Torts
Fighterfighter's rule |
Fighterfighters/police officers cannot recover if they put themselves in the peril
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Evidence
Criminal case for fraudulent taxes (accountant) |
P cannot bring up the issue before the D does
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Property
Landowner |
Has the right to choose an easement by necessity
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Torts
Public necessity to tresspass |
Does not relieve you of the liability if you damage the land
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Con law
Adult shops and rezoning |
can rezone to eliminate 2ndary effects (lower property values). erotica serves important not compelling interest
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Torts
Defamation |
Can recover general damages
Radio broadcasts are libel |
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Property
Joint Tenants |
Sister informed brother that he could build on the eastern portion so she should be estopped from denying the effect
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Contracts ROL
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Does not pass to the buyer if the goods are defective that the buyer would have a right to reject them
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Tenants by entireties, wife mortgages her part to sister. What interest does sister have?>
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Nothing.One spouse acting alone cannot convey the property
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Crim law
Deadly for by a private person |
Ok to apprehend a fleeing felon
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Contracts
Parol Evidence is ok to introduce |
explain or supplement
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Contracts
An assignment |
Is not generally a modification
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Torts
Stricts product liability cases |
You can't substantially alter the product
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Crim Burg Trick
IF woman intends to commit a crime, but it really isn't a crime |
She cannot be charged
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Contracts
Divisible Contracts |
Construction company may get restitution for the work it did
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Torts
Guy throws ball in the street girl gets hit |
If he did it intentionally he might be liable
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Con Law
Why regulating price of cars in const |
Because taken as a whole they have a sub impact on interstate commerce
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Crim
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If police have probable cause to arrest someone discovered on premises in executing a valid search warrant they my pat them down
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Torts False imprisonment
-Traveler forced to stay while his baggage is being checked |
Yes, confined him against his will, they had no legal authority to search his bag
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Torts Strict Liability
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Strongest argument is that did not foresee being using in that specific manner
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Con Law
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Congress could limit discrimination for AA in every single commercial transaction
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Evidence
D charged with arson, then is sued by P. Can admit record of guilty plea. |
Yes, can be admitted to infer liability
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Evidence
Patient/Doc Confidentiality |
Does not apply in federal question cases
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Evidence
Evidence School president puts secret microphones, used as the basis for obtaining search warrant, arrest |
Valid, limited expectation of privacy in a dorm
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Con Law
City gives building to church, church doesn't rent to people who don't believe in god. Which clause |
Establishment clause. There is government entanglement here
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Torts
Bodyshop paints the car wrong |
He can sue under trespass to chattel. They must have the intent to do the act
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Contract
Parol Evidence Does not apply |
Where a party says that a written contract won't become effective until a condition arises , evidence of that may be admitted
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Con Law
Makes it a federal crime for any person to interfere with any right conferred upon equal protection clause 14th |
Pick the state official answer
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Property
Seller enters into contract didn't specify the title, didn't make mention of easement. B sees easement and it increases value |
Beneficial easement known the buyer is not an encumbrance. Marketable
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Crim Law
Writing a bad check |
If employee intends to deposit the next day he doesn't have the intent to defraud
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Property
"No conveyance or mort of an interest in land is valid against a sub without notice whose conveyance recorded first" |
Race-Notice.
Protected only if she records before the prior grantee |
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Torts
Last Clear Chance |
Last chance negates contrib negligence
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Property Judgement Lien
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No protected by recording statutes
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Con law
Guy is on steps of the courthouse with sign that judge will die |
Can be convicted, doesn't violate
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Torts Def
Newspaper prints story about prof that said she falsified her records. What will she have to prove |
That the newspaper is negligent, and it is untrue. It is a matter of public concern
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Crim law
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Foreseeable generally not the right answer if you have a crime and then felony murder
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Crim Law Larceny
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If only wants to use it for a couple days then it is not larceny
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Contracts
Guy works half and then quits, there is a flood. Duties |
If occurrence of unanticipated event worker is discharged but must get fair value of work he performed
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Evidence
Guy sees someone on tv talking bad about him, can he testify |
Yes, because he saw it
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Property
Percolating water |
For the well, can use as much water as your want for non-malicious acitivites
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Crim Law
Larceny |
Can you liable for stealing your own property
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Contracts
non ucc, oral modification ok |
if the original was in writing and there is no consideration
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Crim law
conspiracy |
if the guy was legally insane doesn't count. the issue is that the person must have been acquitted, don't all have to be tried
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Con law
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It is ok to tax certain vacation spots and not others Right to travel is defined for the state but not to federal
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Property
Judgement Lien |
Run with the land and liable against subsequent purchasers
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Contract law
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Erosion of the land= impracticality
Destruction of building=still liable |
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Evidence
Officer makes a report and then can't remember about it even after looking at it on the stand. Wants to read to jury? |
Can because it is a past recorded recollection
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Evidence
Declarant's state of mind (intent) |
admissible as an exception to hearsay
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Torts
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Delegable duty you could possibly avoid liability
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Con Law
Statute prohibits individuals from donating more than $1,000 a year to political |
Violation not justification, cannot limit on groups that lobby
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Evidence
Admissions |
Non-hearsay
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Contracts
Wholesaler ships good even after the buyer says he wants installments, must buyer accept |
yes
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Contracts
Modification of a contract |
Don't need consideration
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Crim law
Larceny |
If def takes it thinking he has right and then sells it no larceny no intent
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Con law
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Congress has the power to investigate
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Con law
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Requiring a candidate to have % of sign , necessary and compelling
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Evidence
Homeowner agrees to pay medical bills of boy and brings him to the doctor |
She is obligated as per her consideration
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Property
Reformation |
Writing is changed to conform to original intent
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Contracts
Guy buys wallet and leaves seeing a defect |
Store wins because he accepted the goods
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Crim law
Judgments |
Can't use unless it is a felony
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Evidence
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statements of warning to show notice aren't hearsay
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Torts
Boy drives tractor since he was young hits girl |
Look at his superior skills in driving the tractor
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Torts
Defamation. newspaper has bad article about P, D is state senator reads it during session |
He is privileged as a state senator
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Con law
Hearing problem |
teacher moved in reliance of job
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Crim
Dropping a wallet |
does not negate robbery
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Evidence
5th amendment |
Does not protect you from incriminating others
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Evidence
Polygraphs |
Generally not admitted as too unprejudicial
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Con Law
School prevails when religious group wants to use it's facilities |
least restrictive means of advancing state's compelling interest in ending discrimination
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Torts
Invasion of Privacy Tort |
False Light
Only need to show malice if it is a public figure or a public figure |
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Con law
Content-neutral bans |
Narrowly-tailored serve an important govt interest, not unreasonably limit other channels of communication
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Evidence
Hearsay |
Cannot use civil trial judgement in sub criminal trial
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Con law
Regulation of truthful advertising |
Serves a substantial government interest, narrowly tailored
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Contracts
Reward cases what most beneficial to guy who wants reward |
Bounty theory
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Con law
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No consent by president to void a treaty
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Evidence
Merely throwing a rock |
Doesn't show signature
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Torts
Gas that distorts |
Can be considered a battery but not an assault
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Crim law
Friend agrees to reposes with husband the tv from wife |
no conspiracy
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Crim Law
Mother Consents to searching a house (sons room) |
If she has access to it
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Crim law
If you alter a timecard |
larceny by false pretense not forgery money is considered title
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Contracts
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Need modification to change a service contract
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Contracts:
Mailbox rule |
Does not apply to option contracts
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Contracts
Assignment |
If buyer knows of the assignment he is still liable to the asignee
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Contracts
SOF |
If it is oral enforceable to extent the buyer received and accept goods
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Contracts ( horse case)
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Even if the document itself isn't a contract the written agreement can be an offer
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Contracts
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Always have to notify seller of a rejection
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Contracts
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Must me a meeting of the minds for rescissions, must know that one party accepted can't know if it is still in the mail
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Evidence
Expert Witnesses |
Preliminary issue for judgement, can be impeached on collateral matters based on credentials
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Evidence
Grand jury statement by witness |
substantive, and can be used to impeach
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Evidence
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Grand jury testimony by someone not available is inadmissible hearsay
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Evidence
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cross examination for 3 days excessive
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Evidence
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Watch out for negligence issues as non hearsay
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Evidence
Grandjury proceeding |
Don't get right to cross-examine so can't use husband's testimony
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Evidence
Erie Question Doctrine |
Apply whole law of state since presumption issue prima facie
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Evidence Question
Clergy-penitent |
Merchant case, outside the scope
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Evidence
Least likely to exclude |
surprise witness
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Evidence
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Can use hearsay to impeach
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Evidence
Dead terrorist guy |
statement against interest
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Evidence
Services of an interpreter ok |
if they take an oath
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Evidence
Business record |
doesn't count if it was prepared by a company for litigation
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Evidence
Lawyers affidavit to the will signing and his opinion the guy was an alcoholic |
Hearsay
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Evidence
Specific Acts of bad conduct |
Can only be brought out against the defendant in cross
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Evidence
Plaintiff sues on debt, defendant offers evidence he never received it |
burden of persuasion and forward on evidence with defendant
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Evidence
Transcript of a witness |
not a public document/record
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Evidence
Judge can determine if prelim evidence rulings |
are in front of a jury or not
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Evidence
Character evidence in civil |
not allowed unless character is in issue
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Evidence
Doctor Patient priv |
no doctor patient priv
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Evidence
Expert Witnesses |
Preliminary issue for judgement, can be impeached on collateral matters based on credentials
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Evidence
Grand jury statement by witness |
substantive, and can be used to impeach
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Evidence
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Grand jury testimony by someone not available is inadmissible hearsay
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Evidence
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cross examination for 3 days excessive
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Evidence
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Watch out for negligence issues as non hearsay
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Evidence
Grandjury proceeding |
Don't get right to cross-examine so can't use husband's testimony
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Evidence
Erie Question Doctrine |
Apply whole law of state since presumption issue prima facie
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Evidence Question
Clergy-penitent |
Merchant case, outside the scope
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Evidence
Least likely to exclude |
surprise witness
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Evidence
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Can use hearsay to impeach
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Evidence
Dead terrorist guy |
statement against interest
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Evidence
Services of an interpreter ok |
if they take an oath
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Evidence
Business record |
doesn't count if it was prepared by a company for litigation
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Evidence
Lawyers affidavit to the will signing and his opinion the guy was an alcoholic |
Hearsay
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Evidence
Specific Acts of bad conduct |
Can only be brought out against the defendant in cross
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Property Ripiarian Doctrine
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Applies watercourses (rivers and lakes) depends on natural flow or reasonable use
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Property Natural Flow Doctrine
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Property Owner cannot alter surface flow waters (rainfall, melting snow)
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Property Common Enemy Doctrine
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Any owner can change water's course
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Property Prior Appropriation
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May acquire right to divert and use water even though the property might not abut a waterway
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Property Mortgagees
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are considered purchasers
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Property RAP begins
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at the date of conveyance in a deed
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Property
Why would buyer win if seller wants to force specific performance |
factory violates setback by one foot in zoning.
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Property
Existing violations of a zoning ordiance |
makes a title unmarketable
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Property
Whoever possesses property |
Has to pay the taxes
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Property
RAP |
No future interest is valid unless if vests within 21 after a life in being at the time of the deed or the will
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Property
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The last person mentioned by proper name will take the property.The next party not mentioned by proper name takes. All additional parties lossand party reverts back grantor
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Property
Right of First Refusal |
Void under RAP
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Property
If dispute by joint tents |
Court can split the land in half ( partition)
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Property Notice
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Last buyer without notice
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Property Shelter Rule
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Step in Shoes--if you get as a gift from a subsequent bona fide purchaser
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Torts Invasion of privacy
Guy is on public place, google maps takes picture of him smoking |
Economic damages irrelevant, if he is on a public place he loses
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Torts
Protection of property |
Landowner can't use a vicious dog
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Torts
Boy goes to neighbor's house to retrieve property, exposed elec fenece, and bushes, gets hurt |
Not liable because she didn't know of the condition of the wire, he was just a licensee
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Torts
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Can reclaim property in a reasonable manner
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Torts
Criminal Acts of 3rd Parties |
Criminal act was a superseding act
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Tort
govt immunity |
does not apply if they are engaged in an activity that is generally done by private
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torts
contributory negligence does not occur in |
Strict Liablity
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Evidence
Judge in federal court |
May call and interrogate witnesses
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Torts
Guy tells attorney that he always knew he was a theif |
IIED
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Con law
Court enforcement of restrictive convent ants= state action |
Rationally related test
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Evidence
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Silence can be deemed an admission
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Property
Landlord has to notify of the price increase before the increase |
for holderover
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Property
Landlord liable for |
latent defects he fails to disclose even if he sells the building
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Property, tenant sues to buy building
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it is the answer in regards to acting as a tenant
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Property
2 months |
might be an unreasonable amount of time for a closing. Seller only req to have marketable title on the closing date
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Property
Holdover tenant |
commercial is year to year
month to month |
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Property
common scheme negative reciprocal servitutes |
Don't have to go back and see the common grant
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Property Exception to RAP
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options to purchase leaseholds
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Property
forfeiterure restraint |
Valid only on future interest for the time it is a future interest
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Contracts
Parties can waive |
the no-modification clause orally if consideration is present
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Con Law
Violation of the defendant's right to defend himself |
is considered grounds for a reversal , state is allowed to recoup feels but here the def didn't want lawyer
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Evidence
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4th amendment violation of warrant less arrest
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Con law priv and immunities
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not a corporation for the purposes of the rule
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Torts
Pure Comparative Neg with joint + comparative contribution |
Means that the tortfea can recover what he paid + any damages he suffered
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Torts
Guy in car wants to scare ped , someone darts to save him. ped didn't hear him |
he is not liable
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Torts
Civil Liability to torts |
Priv testiomoney
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Torts
Trespass to land |
If you stay past the time you're allowed
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Tort
Man avoids being run over by a truck goes into apt , apt owner dies |
liable for damages for the guy, but not for the trespass
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Neighbor gives dog a treat IIED?
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Yes because she was aware that the owner would suffer
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If not slander per say
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You need some special damages
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Only living people can be defamed
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Only living people can be demafed
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Slander
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Not slander if not reasonably foreseeable that 3rd party will ehar
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Teller at bank makes a mistake about wife/husband account , he sues for def
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No because it was made for his benefit
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Neg Misrepresentation
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Has to be in the course of your business dealings, not personal interests
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Assumption of risk
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is a defense to strict/liability
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Medical Malpractice
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Have to show that the the patient received harm
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Torts
Fireworks |
Reasonable duty to control guests
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Crim Law
Attempted Buglary |
No defense when guy goes to store but gets spooked
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crim law
even if car theft if in hospital |
can still be guilty of the crime of consp and also the foreseeable crimes
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Crim procedure
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Need a warrant to fly over non-navigable airspace, not for open field, less for business
-Need equipment generally available to public to use |
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Miranda
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is not offense specific
police can lie to defendant, and to lawyer |
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Conversion
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You get fairmarket value
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Med malpractice
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Not enough just to warn, could still be a breach
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Crimes of violence
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Defendant can't use the trait of violence
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Evidence
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colleral matter when he purchased it was a waste of time
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Prior Identification
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you must be available to testify
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You can impeach and out of court witness
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always
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Dying declaration
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only for criminal homicide
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full faith and credit
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only for judgment on merits, and final. Can file in another state even if
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for taking
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must be related to legitimate public purpose, has to get rid of all economic benefit not just some
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Procedural due process
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no hearing after losing drivers license: con because state's interest versus driver's right
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Philanthropist hiring only german people
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is ok, not state action, not continuing
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offensive content
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statewide standard ok offensive, national reasonable person for social value
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Libraries, prisons
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non public forum, rational basis, interm if more open to public
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Lemon test
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religious purpose
primary affect entanglement |
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contracts
where contractor does work without buyer knowing |
homeowner will always win
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arbitration clause is always
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material change
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Oral contract
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following up by a writing 10 days exception, both merchants
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contract
3rd party beneficiary |
can use any defense the original party could have used
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Contracts
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Can revoke gratuitous assignments
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Contracts
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writings not required for assignment
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Contracts
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Breach is minor
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Contracts: unique services contract
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excused if you are sick
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Contracts
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In installment contract, get lost profits, forseeable
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contracts
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lost profit non-breach doesn't have to give up it's additional profit on resell
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voluntary intoxication
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no defense to a general intent or malice crime.
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if you take money before it goes to the register
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embezellment
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probable cause justifies a stop
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can search closed containers
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custody
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isn't a subjective test, totality of circumstances
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Baliff question
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Impeachment
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previous evidence of sex between victim and accused
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may be show in a rape case
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judge determines is best evidence
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was lost
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Property life estate tenant does pay taxes
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then all other future interests get get cut off
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Charity exception
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charity to charity
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open mines doctrine only applies to
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life estates
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in gestation
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still in the class before i closes
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If right of 1st refusal
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ok when in an ascertainable person
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