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32 Cards in this Set
- Front
- Back
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Defamation = DPS
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Damages
Publication Statement damages presumed for libel (written) damages not presumed for slander damages not presumed for either in NY |
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Affirmative defenses for defamation
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consent
truth privilege (absolute = spouses/govt officials acting w/in scope; qualified = circumstance specific) |
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the commerce power is SIC, cuz you can regulate stuff if it's
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Substantially affects interstate commerce (economic activity can be aggregated, non-economic activity requires proof)
Instrumentalities of interstate commerce Channels of interstate commerce (highways, internets) |
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the federal government only has a MILD police power over
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Military
Indian reservations Lands, federal D.C. |
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SoF - MY LEGS
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Marriage
Year long+ Land Estate (testamentary) Goods greater than $500 Surety (guaranteeing another's debt) |
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Defense to formation - DAM U SMELL
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Duress
Ambiguity Mistake Unconscionability SoF Misrepresentation Existing laws Lack of consideration Lack of capacity |
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MAlice crimes
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Murder
Arson |
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BaRK - general intent crimes
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Battery
Rape Kidnapping/false imprisonment |
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BAH! you can transfer intent to a different victim if it's
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Battery
Arson Homicide |
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LEFT handed people are evil. that's why they steal:
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Larceny
Embezzlement False pretenses (to gain title) Trick, larceny by (to gain possession) these are all specific intent crimes |
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exclusionary rule doesn't apply to police in Kansas City (KC PIGS):
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Knock and announce violations
Civil proceedings Parole revocation proceedings Impeachment purposes Grand jury State law violations (search must violate constitution or federal statute) |
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the 6th amendment gives you the right to CATS:
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Confront witnesses
Assistance of counsel Trial by jury Speedy trial |
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FFSD - for fucks sake, dawg! declarant unavailable hearsay exceptions
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Former testimony
Forfeiture by wrongdoing (killing witnesses) Statement against interest Dying Declaration |
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MIMIC - D’s previous actions can be used to show things other than propensity
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Motive
Intent Mistake, absence of Identity (modus operandi) Common plan or scheme |
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expert witnesses (Daubert) - it's a TARP!
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Tested methodology
Acceptance by other experts Rate of error Peer Review and publication |
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END (termination) CRAMP (of easements)
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Estoppel
Necessity lapses Destruction of servient land Condemnation of servient land Release by easement holder Abandonment by physical action Merger Prescription (interference satisfying AP) |
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Adverse possession is CHAOS
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Continuous
Hostile Actual/exclusive possession Open & notorious Statutory period |
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exceptions to voluntary waste: PURGE
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Prior Use (including open mines doctrine)
Repair - you can use proceeds from the thing to make rsbl repairs Grant - conveyance expressly says you can do the thing Exploitation - land is ONLY good for the use |
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ways to create an easement: PING
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Prescription
Implication Necessity Grant |
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intentional torts: ABC FITT
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Assault
Battery Conversion False Imprisonment Intentional Infliction of Emotional Distress (not actually intentional, can be reckless) Trespass to Land Trespass to Chattel |
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you can LUMP slander per se categories together:
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Loathsome disease
Unchaste Moral turpitude Profession/business reputation (+homos in NY) |
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it would invade your privacy to show a certain CLIP of you
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Commercial appropriation
Light, false Intrusion upon seclusion Public disclosure of private facts |
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CRAPS! you have an affirmative duty to rescue if there's a
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Contract
Relationship, special Assumption Peril created by you Statute |
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you have to warn licensees about CK
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Concealed + Known
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SoF Exceptions - SWAMP
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Specially manufactured goods
Waiver Admission Merchant memorandum Partial performance |
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Strict Products Liability is DIM
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Design defect
Inadequate warning Manufacturing defect |
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Future covenants of a general warranty deed: QWF
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Quiet enjoyment (grantee won't be disturbed in possession)
Warranty (you warrant against future lawsuits) Further assurances |
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Embezzlement = AC FPP Pro
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A
Conversion by Fraud of the Personal Property while in Possession |
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CCR = defenses to adultery
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Connivance (entrapment)
Condonation (waiver) Recrimination (dirty hands) |
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fee >$3k requires writing with: SEEN
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Scope
Explanation Expenses and billing practices Notice of right to arbitrate no signature unless dom rel |
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Formation of trusts: ITT DP
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Intent
Trustee Trust property delivered Definite beneficiary Purpose +executed or notarized |
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Spendthrift exceptions: NATE
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Necessities
Alimony Tax Excess income |
