2/19/22 Flashcards
What is recognized when the recipient has an interest in the information and it is reasonable for the D to make publication of the statement?
A qualified privilege.
What is the general rule for using deadly force in self-defense?
The general rule is that one may use deadly force in self defense even if the use of force could be avoided by retreating safely. This rule does NOT apply to the one who is the initial aggressor.
What are the rules for an initial aggressor using self-defense?
The aggressor can regain his right to use force in self-defense by either:
- attempting to withdraw and communicating the withdrawal to the other person or
- when the other person suddenly escalates a minor fight into one involving deadly force without giving the aggressor the chance to withdraw or retreat
What is needed to be liable as an aider and abettor i.e. an accomplice?
The defendant must encourage or aid in commission of the underlying crime with the intent to assist the principal AND the intent that the principal commit the crime
____ is implied in a requirements contract?
Exclusivity is implied; otherwise the buyer’s promise would be illusory.
If a crime is not considered a crime of dishonesty or false statement, does the court have discretion to exclude the conviction?
Yes. When a witness to be impeached is not a criminal defendant, the standard Rule 403 balancing test applies…in such a case, the court may exclude the evidence if its probative value is substantially outweighed by the danger of unfair prejudice. If the party being impeached IS the criminal defendant, the opposite test applies; presumptively is NOT coming in unless the probative value outweighs its prejudicial effect.
When a defamatory statement involves a matter of public concern or involves a public figures, MUST the plaintiff provide competent evidence of actual injury?
Yes, presumed damages are not permitted absent a showing of knowledge of falsity or reckless disregard of truth
Congress has what power under Article I, Section 8?
The power to lay taxes, and a tax measure will usually be upheld if it bears some reasonable relationship to revenue production or if congress has the power to regulate the taxed activity.
Are motel rooms treated like residences in terms of privacy interests?
Yes, motel rooms are treated like residences, and overnight guests have a reasonable expectation of privacy in their rooms.
When a party’s conduct foreseeably induces another to change his position in reliance on an oral agreement, courts may use _____________ to remove the contract completely from the Statute of Frauds.
Promissory Estoppel
What are the requirements for affidavits used to support motions for summary judgment?
They must:
- be made on personal knowledge;
- set forth such facts that would be admissible in evidence; and
- show the affiant is competent to testify.
What is needed to prevail in a trespass suit?
The plaintiff must show that the defendant intended to bring about a physical invasion of the neighbor’s property
What is the duty of a possessor of land with respect to his own activities on the land?
He has a duty to exercise reasonable care with respect to his own activities on the land and to control the conduct of others on his property so as to avoid unreasonable risk of harm to others outside the property.
What is the doctrine of res ipsa loquitur?
Under this doctrine, the trier of fact may be permitted to infer the defendant’s liability when the fact that a particular injury occurred may itself tend to establish a breach of a duty
When may evidence of a conviction outside the 10-year limit may still be admitted under the Federal Rules?
Only if the judge determines that the probative value of the conviction substantially outweighs its prejudicial effect. (High test)
