Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
76 Cards in this Set
- Front
- Back
|
Shipment of conforming or nonconforming goods is normally an acceptance of an offer under the UCC.
|
Contracts - Formation
|
|
|
The victim of a breach is entitled to recover only those damages which could not reasonably have been avoided.
|
Contracts - Remedies
|
|
|
second-degree assault
|
maliciously causing serious physical injury to another
|
|
|
A commercial supplier of a product will be strictly liable for damages caused by defects therein
|
Product Liability
|
|
|
Past recollection recorded hearsay exception
|
The witness once had knowledge but now has insufficient recollection to testify fully and accurately about her investigation.
|
|
|
Criminal solicitation occurs whenever someone asks or incites another to commit a crime with the intent that the crime be committed.
|
Criminal Law - Inchoate Crimes
|
|
|
Eleventh Amendment only prohibits actions against state governments for damages in federal court
|
Constitutional Law
|
|
|
A law is valid under the establishment clause only if it has a secular purpose, has a primary effect that neither advances nor inhibits religion, and does not produce excessive government entanglement with religion.
|
Con Law - Individual rights
|
|
|
For an effective transfer of title to an interest in real property,
1)a deed must be in writing, 2) it must unambiguously identify the land and the parties, 3)it must evidence intent to transfer the realty, and 4)it must be signed by the grantor. While a deed is not effective until delivery, delivery only requires the grantor's intent for the deed to be immediately effective. |
Real Property - Titles
|
|
|
Private nuisance exists when the defendant’s action creates a substantial and unreasonable interference with the plaintiff’s use of his or her property.
|
Property Rules from MBE
|
|
|
To establish title by adverse possession, the possessor must
1) show an entry, giving the possessor exclusive possession to the property that is 2)open and notorious, 3) adverse and under a claim of right, and 4) continuous throughout the statutory period. |
Property Rules from MBE
|
|
|
A prior act of dishonesty, can be used in cross-examination for impeachment purposes. However, extrinsic evidence from outside sources is not admissible to prove that the statement occurred.
|
Property Rules from MBE
|
|
|
A deed must be delivered to be valid. Delivery is a question of intent.
|
Property Rules from MBE
|
|
|
A deed should recite some consideration, although in most instances it need not be the actual consideration.
|
Property Rules from MBE
|
|
|
A provision in a real estate contract providing that the purchaser pay a deposit, and also providing that the seller may keep the deposit as liquidated damages in the case of the buyer's default will be upheld if the amount appears reasonable in light of the seller's anticipated and actual damages.
|
Property Rules from MBE
|
|
|
Under the doctrine of equitable conversion, the risk of loss goes to the party with the equitable title if the contract is silent. Equitable conversion occurs when the contract is capable of specific performance.
|
Property Rules from MBE
|
|
|
For an effective transfer of title to an interest in real property, a deed must be in writing, it must unambiguously identify the land and the parties, it must evidence an intent to transfer the realty, and it must be signed by the grantor.
|
Property Rules from MBE
|
|
|
A novation occurs when the bank agrees to substitute the personal liability of the buyer for that of the original debtor, who is then released.
|
Property Rules from MBE
|
|
|
With a mortgage assumption, the buyer who assumes the mortgage debt becomes primarily liable. The original mortgagee, absent a release by the bank, also is liable, although she is secondarily liable.
|
Property Rules from MBE
|
|
|
If land is improved by buildings and an adjacent landowner’s excavation causes subsidence, the adjacent landowner will be strictly liable for damages to the buildings caused by the excavation only if it is shown that the land would have collapsed in its natural state.
|
Property Rules from MBE
|
|
|
A mortgagor has the right to redeem the land or free it of the mortgage by paying off the entire amount due, together with any accrued interest.
|
Property Rules from MBE
|
|
|
Although a tenant in common may transfer his own interest in a property he cannot, acting as an individual, convey more than his own interest.
|
Property Rules from MBE
|
|
|
Under the common law Rule Against Perpetuities, a gift must vest or fail within 21 years of a life in being.
|
Property Rules from MBE
|
|
|
A negligent treaspass claim requires a showing of damages
|
Property Rules from MBE
|
|
|
A sublessee is not personally liable to the landlord for rent or for any other covenants made by the original lessee in the main lease.
|
Property Rules from MBE
|
|
|
A plaintiff may recover from a nuisance if there is an interference with his use or enjoyment of his property that would constitute a substantial and unreasonable disturbance to a person of normal sensibilities.
|
Torts
|
|
|
Reasonable care is the degree of caution and concern for the safety of himself/herself and others an ordinarily prudent and rational person would use in the circumstances.
|
Torts
|
|
|
A rescuer is considered a foreseeable plaintiff. Thus, a defendant may be liable if he negligently puts himself or another in danger and a plaintiff is injured in attempting to rescue the individual from danger.
|
Torts
|
|
|
A common law right of publicity can be violated when an advertisement, viewed as a whole, leaves little doubt that the ad is intended to depict a specific celebrity who has not consented to the use of his identity.
|
Torts
|
|
|
Libel is a defamatory statement that is in writing. Where the defamed individual is a private person, rather than a public official, the defendant is liable if it was negligent as to the truth or falsity of the statement.
|
Torts
|
|
|
The UCC provides that where goods, identified at the time the contract was made, are totally destroyed before the risk of their loss has passed to the buyer and without the fault of either party, the contract is avoided and each party is relieved of its respective obligation to perform.
|
Contract
|
|
|
The goal of expectation damages is to put the non-breaching party in the position they would have been had the contract been performed.
|
Contract
|
|
|
A seller’s shipment of conforming goods with a notice of accommodation does not constitute an acceptance and breach, but rather a counteroffer, which the buyer is free to either accept or reject.
|
Contract
|
|
|
If a buyer breaches a sales contract, the seller is under an obligation to use his best efforts to resell the item to another party. He may then recover from the breaching buyer any profits he lost as a result of the breach.
|
Contract
|
|
|
BUYERS generally ARE entitled to recover consequential damages, subject to certain specified limitations such as the requirement that damages, to be recoverable, must be foreseeable at the time the contract was made.
|
Contract
|
|
|
Contract law acknowledges the fact that parties sometimes embody obligations which are in most respects separable into a single document or agreement. The rules for damages permit the separable components to be treated separately. Another rationale for the divisibility of obligations is to avoid a forfeiture.
|
Contract
|
|
|
The attorney-client privilege protects communications between an attorney and a client made during a professional consultation. The privilege does not exist, however, if the professional consultation was made to aid in the planning or actual commission of something that the client knew, or should have known, was a crime or a fraud.
|
Evidence
|
|
|
A communication is protected from subpoena under the attorney-client privilege if it is confidential and was made as a part of a an attorney-client relationship. However, a privilege may be waived if the communication is voluntarily disclosed to a person outside the privileged relationship.
|
Evidence
|
|
|
In slander cases, where the defendant makes a statement that the plaintiff has an unsavory character, the plaintiff’s character is considered “in issue” (i.e., an essential element of the claim or defense under the substantive law) in two respects: First, the plaintiff’s actual character will determine whether the defendant was incorrect in his assessment, and thus liable for slander, because truth is a defense. Second, the plaintiff will allege that he is damaged by the statement, which is another way of saying that his true character has been besmirched; but if the plaintiff actually has a bad reputation anyway, then damages are limited
|
Evidence
|
|
|
Although a witness may properly be impeached by inquiry into his prior bad acts reflecting upon his character for veracity, extrinsic evidence may not be introduced to prove those bad acts. However extrinsic evidence may be introduced to show that a witness is biased, or has a particular reason to lie
|
Evidence
|
|
|
An opposing attorney may impeach a witness’s credibility by showing bias. For a statement admitted under a hearsay exception such as that for excited utterances, Rule 806 allows the declarant’s credibility to be attacked as if he were a witness. However, character evidence is only admissible against a witness to show a trait of untruthfulness
|
Evidence
|
|
|
The best evidence rule states that, to prove the contents of a material writing, recording, or photograph, the original must be produced. Secondary evidence of the contents of the original are only admissible after it has been shown that the original is unavailable
|
Evidence
|
|
|
If a prior inconsistent statement was not made under oath, it does not fit the exemption to the hearsay rule provided by Federal Rule of Evidence 801(d)(1)(A) and the statement is admissible only to impeach a witness and NOT FOR ITS TRUTH.
|
Evidence
|
|
|
Under the FRE, A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.
|
Evidence
|
|
|
To establish that a document is genuine, a party may authenticate the document by
(1) admission or stipulation of the opponent, (2) use of a witness, (3) jury comparison, or by (4) circumstantial evidence. |
Evidence - Authentication
|
|
|
how much weight to give to the evidence is a decision for the jury. Rule 401 of the Federal Rules of Evidence requires only that evidence have “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Thus to be relevant, evidence need only have some probative value in establishing a fact. The Advisory Committee’s Note to Rule 401 quotes the famous statement “A brick is not a wall,” making the point that evidence is admissible even if it is only a single brick that is a part of a large wall of evidence establishing a party’s case.
|
Evidence
|
|
|
Federal Rule of Evidence 201(g), states that in a criminal case, “the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.” A judicially-noticed fact in a criminal case allows the court to instruct on a permissible inference, but nothing more.
|
Evidence
|
|
|
Evidence that a particular business had an established business routine is relevant as tending to show that a particular event occurred. [Defendant Development Co. routinely sends notices of cost overruns which is admissible to prove that they would have sent a notice to Construction Co.] THIS IS NOT HEARSAY.
|
Evidence
|
|
|
excluding evidence based on its prejudicial effect requires the objecting party to show that the prejudicial effect is unfair and substantially outweighs the probative value
|
Evidence
|
|
|
Under the Federal Rules, preliminary questions involving the relevancy of proffered evidence are to be decided by the judge, while those involving the competency of relevant evidence are to be decided by the jury.
|
Evidence
|
|
|
Under Rule 411 of the Federal Rules of Evidence it is true that evidence that a person was insured is generally not admissible to prove that the person acted negligently or otherwise wrongfully. But can be used for other purpose like showing motive.
|
Evidence
|
|
|
Agency is a preliminary fact to be decided by a jury when its existence is an essential condition to the admissibility of proffered evidence.
|
Evidence
|
|
|
In a criminal case in which the defendant’s mental state is an element of the crime or defense, an expert may not state an opinion on whether the defendant had the mental state in issue or not.
|
Evidence
|
|
|
A witness may give expert opinion testimony if all of the following three conditions are established: (1) The witness is qualified as an expert by knowledge, skill, experience, training or education, (2) the scientific, technical or other specialized knowledge possessed by the witness will assist the jury to understand the evidence or determine a fact in issue, and (3) the expert opinion is based on facts or data perceived or made known to the expert and the facts or data are of a type reasonably relied on by experts in the field.
|
Evidence
|
|
|
An identification of Defendant by Witness after having perceived him is admissible only if made soon after perceiving the person being identified, where circumstances demonstrate the reliability of the identification.
|
Evidence
|
|
|
Hearsay exception for statements made For the purpose of medical diagnosis. This rule allows not only statements made to treating physicians, but also statements made to other doctors for evaluation or diagnosis.
|
Evidence
|
|
|
An offer to pay medical expenses is inadmissible to prove culpable conduct for public policy reasons.
|
Evidence
|
|
|
The fact that Defendant did not seriously cross-examine a witness is irrelevant to the former testimony hearsay exception, as long as he had an opportunity and motive to do so at the trial.
|
Evidence
|
|
|
under the business records exception to the hearsay rule. For a record to be admitted under this exception, it must have been made in relation to a business by an entrant under a duty to make the recording.
|
Evidence
|
|
|
to prove the nonexistence of a public record. The certification is hearsay, but it qualifies under the hearsay exception for a certification offered to prove the absence of a public record. The certification is offered for the proper inference that if a license had been issued, it would have been recorded in the public record. Thus, the fact that there was no record found is probative evidence that a license was never issued. To be admissible, the certification must be prepared by a public official and must on its face indicate that a diligent search of the records was conducted. This certification satisfies the requirements of the exception.
|
Evidence
|
|
|
A statement regarding the declarant's present state of mind is admissible as an exception to the hearsay rule regardless of whether the declarant is available as a witness.
|
Evidence
|
|
|
Although the attorney-client privilege protects almost all confidential attorney-client communications, it does not protect such communications that are in furtherance of a crime or fraud.
|
Evidence
|
|
|
The best evidence rule requires that to prove the content of [nothing else] a writing, recording, or photograph, the original writing, recording, or photograph is required.
|
Evidence
|
|
|
The evidence need only be relevant and properly authenticated. The jury would then need to find all the elements of the crime by a preponderance of the evidence.
|
Evidence
|
|
|
the death penalty may only be imposed for felony murder where the defendant participated in a major way in the felony and acted with, at minimum, reckless indifference to the value of human life.
|
Criminal
|
|
|
a victim to a crime cannot be a conspirator to the crime that was committed against them.
|
Criminal
|
|
|
Robbery is the taking of another’s property from that person by force or by threat of death or physical injury, with the intent to permanently deprive that person of the property.
|
Criminal
|
|
|
Both false pretenses and larceny by trick require that the victim actually be deceived into giving up the property.
|
Criminal
|
|
|
The operations of the federal government are immune from state regulation absent federal consent. Likewise, a state may not sue the federal government without its consent. The Department of Energy may therefore continue to transport the nuclear materials through the city.
|
Constitution
|
|
|
Article III, Section 2 of the Constitution confers the Supreme Court with original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state is a party. Although Congress may neither restrict nor enlarge the Supreme Court's original jurisdiction, it may give concurrent jurisdiction to lower federal courts. Congress has not done so with regard to disputes between states. It would be constitutionally improper for the Senate to appoint a commission to adjudicate a boundary dispute between two states.
|
Constitution
|
|
|
The commerce clause gives Congress the power to regulate all aspects of interstate commerce. The supremacy clause makes federal law the supreme law of the land, such that it trumps any conflicting state law. Therefore, a state must comply with all valid federal laws regulating matters affecting interstate commerce.
|
Constitution
|
|
|
Recovery for negligent misrepresentation is usually limited to pecuniary loss unless it involves a risk of physical harm.
|
Constitution
|
|
|
alienage discrimination imposed by the states is subject to strict scrutiny under the Equal Protection Clause.
|
Constitution
|
|
|
The common law requires plurality of agreement and does not criminalize “unilateral” conspiracy where only one person actually agreed to commit the crime and the other only feigned agreement.
|
Constitution
|
|
|
Gender is a quasi-suspect classification. When analyzing government action based on gender, the court will apply the intermediate standard and strike the action unless the government can demonstrate that the action is substantially related to an important government interest.
|
Constitution
|
|
|
A statement of a person, now unavailable as a witness, against that person's pecuniary, proprietary, or penal interest when made, as well as collateral facts contained in the statement, is admissible as an exception to the hearsay rule.
|
Constitution
|
