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20 Cards in this Set

  • Front
  • Back
Evidence: Prior convictions admissible hearsay?
A felony conviction is admissible under an exception to the hearsay rule. A misdemeanor conviction IS hearsay, not admissible under any exception.
Best evidence rule applies when?
Best evidence rule applies when there is an attempt to prove the contents of a document that is the BASIS OF THE SUIT. Best evidence rule requires the original document must be produced or there must be a satisfactory excuse for not producing it. If the original is lost that is a reasonable excuse for not producing it. Whether it is actually lost is a preliminary Q for the court.
I.e., defamation and original writing is lost.
Expert required to provide basis for opinion?
Examining counsel may ask the expert for an opinion without disclosure of the data underlying the opinion. A hypothetical question need not be asked. Opposing party must be given an IMMEDIATE OPPORTUNITY TO CROSS.
Silence admissible?
Silence may be deemed an admission is a situation in which a reasonable person would have responded to an accusation. If, admission, then w/in a hearsay exception
Statement against interest hearsay exception requires
Statement against interest hearsay exception requires unavailability of the declarant.
Character evidence admissible as proof of conduct in civil case?
Character evidence as proof of conduct in the litigated event is not admissible in a CIVIL CASE unless character is directly in issue. Defendant in a criminal, but NOT A CIVIL, case can introduce evidence of good character, which can then be rebutted.
Accord & Satisfaction defined
An accord is an agreement in which one party to an existing K agrees to accept, in lieu of the performance that he is supposed to receive, some other, DIFFERENT performance. Satisfaction is performance of the accord agreement. Accord & satisfaction may be accomplished by tender and acceptance of a check marked “payment in full” where there is a BONA FIDE DISPUTE as to the amount. If no BONA FIDE DISPUTE, payment of a smaller sum than due will not be sufficient consideration for a promise by the creditor to discharge the debt.
Mailbox Rule: Acceptance then rejection
If the offeree sends an acceptance and then rejects the offer, THE MAILBOX RULE applies, and K was formed upon dispatch of acceptance. Exception where offeror changed position in reliance on rejection. Note, mailbox rule does not apply to options contracts. Exercise of option is effective when received by the offeror.
Options K: Acceptance and rejection
Mailbox rule does not apply to options contracts. Exercise of option is effective when received by the offeror.
Rejection of the offer in an option K does not terminate the power to accept the offer. However, if optioner detrimentally relies upon the rejection, the power to accept terminates at the time of reliance, i.e. when optioner sells item to someone else in reliance on the rejected option.
Race notice statute and BFP
Under a race-notice statute a subsequent purchaser is protected only if he PURCHASES W/OUT NOTICE and RECORDS FIRST. However, even where P2 has notice of P1 and is therefore not a BFP, that does not mean that a bone fide purchases from her does not prevail from P1
Under the SHELTER DOCTRINE, once a BFP enters the chain of events, he can subsequently deed the land to a party WHO HAS NOTICE OF A PRIOR DEED and that party will nevertheless be considered a BFP.
BFP and Donees
A donee is not a BFP. But the fact that P1 is a donee rather than a BFP does not mean the donee’s prior recording has no effect. Under any recording statute, it is only SUBSEQUENT purchasers who has to be a BFP rather than a donee to be protected by the statute, whether a notice or race-notice statute.
When is a license irrevocable
A license is a personal privilege to go upon the land belonging to the licensor. Generally a license is revocable. If licensee SUBSTANTIALLY CHANGES POSITION IN RELIANCE on the license, the license becomes irrevocable by estoppel.
Boundaries of prop determined by
The plat that is recorded with the county is only intended to be a representation of the ACTUAL SURVEY made on the land itself. The plat is like a certified copy of an original. The original is controlling. Where a survey MADE AND MARKED on the ground conflicts with the plat, the survey and SURVEY MARKERS prevail.
“To Clara, her heirs and assignees, as long as the premises are used for noncommercial purposes, then to Grant, his heirs and assigns.”
What interests?
Clara has a fee simple subject to a springing executory interest.
Grant has a contingent executory interest. Grant’s interest is unvested, and could vest more than 21 years after a life in being. Therefore, grant’s interest is VOID under the RAP. The instrument will be read as if Grant’s interest did not exist. Thus Clara’s interest is a FEE SIMPLE DETERMINABLE and Owner has a POSSIBILITY OF REVERTER.
Criminal acts of employees
At common law, A CORPORATION is not responsible for the criminal acts of its EMPLOYEES. This may be altered by STATUTE.
Automobile search
3 types
1) Regardless of the crime for which D is arrested, cops can search the entire PASSENGER AREA of the car as a SEARCH INCIDENT TO ARREST. The search incident to arrest must happen AT THE TIME of arrest. The police MAY open a CLOSED CONTAINER within the arrestee’s WINGSPAN
2) Upon PROBABLE CAUSE – reasonable grounds to believe CONTRABAND is in the car — search of ENTIRE CAR permissible WITHOUT WARRANT. Probable cause search can be made at arrest or a later time.
3) INVENTORY search permissible if the car has been IMPOUNDED and the cops are in fact CONDUCTING AN INVENTORY.
Initial aggressor may require right to self defense
The initial aggressor may reacquire the right to self defense where the other responds to the use of non-deadly force with DEADLY FORCE with out giving D an OPPORTUNITY to WITHDRAW.
Burglary is the breaking and entering into the dwelling house of another at night with the intent to commit a felony therein. Burglary requires the specific intent to commit a felony within the dwelling house at the time of entry. Additionally, def must be aware he is acting in the proscribed way and aware of any required attendant circumstances. Because an ELEMENT of burglary is the breaking and entering be of the dwelling house of another, AWARENESS of the building's use as a dwelling house is a component of the mens rea for the crime.
Intent required for ATTEMPTED MURDER
Attempted murder is a SPECIFIC INTENT CRIME. Although one may be guilty of murder when his actions demonstrate a high degree of RECKLESSNESS, where the charge is ATTEMPTED MURDER it must be shown that def committed the act with THE INTENT of killing someone. I.e., intended to kill A but failed, intended to kill A instead killed B.