7/18 Flashcards
felony murder flow chart theories
who is liable for assignments, LL-T
- original tenant (privity of contracts)
- assignee (privity of estate)
can a landlord reserve the right to restrict future assignments by expressly stating a waiver is a one-time occurrence?
yes
is there custody when a person comes to a police station in response to an invitation from police? Can that change?
no, unless a reasonable person would believe he’s not free to leave because of circumstances arising after he arrives
example of reason for which a purchaser could sue for breach of covenant of warranty after closing?
adverse possessor on land
Facial neutrality EPC analysis flow chart
Are rescuers applying medical aid covered by a physician-patient privilege (if one is recognized) if they are not medical personnel?
no
fcp 21 day deadlines
pleading related stuff (rule 12 (pleadings, pretrial motions, defenses); answer, withdraw)
fcp 28 day deadlines
post-judgment stuff (rjmol, new trial)
fcp 30 day deadlines
- move things to other courts (appeal, remand, remove) or
- waiver of service of process
- discovery (interrogs, pretrial disclosures, msj after close)
fcp 60 day deadline
answer if waived service
fcp 90 day deadline
to serve after filing
fcp 14 day deadlines
may the defendant in a nuisance action be liable to the owner of a property who doesn’t possess it (i.e., there is a renter)
no, only to possessor
may a judge enter sanctions on their own motion if a show-cause order is not issued until after claims are settled or voluntarily dismissed?
no
what is an inverse condemnation?
government takes or damages property for public use without having brought an eminent domain proceeding (e.g., a regulatory taking)
equitable right of redemption v statutory right of redemption
equitable: between default and foreclosure sale
statutory: period of time after the sale
Burden to prove insanity in federal criminal case
clear and convincing evidence
defense of others, crim law: does transferred intent apply where a bystander reasonably but mistakenly tries to defend another person and ends up injuring an innocent bystander?
no; right to defend the person if reasonably appeared they had such right, actions excused
Can a mortgagee circumscribe the mortgagor’s right to redeem by disguising the transaction as an outright conveyance?
no
what will a deed intended for security be construed as?
a mortgage
for how long does the renting of a room (e.g., a hotel room) establish an expectation of privacy (4a)?
duration of the rental agreement
when an “original” and a copy are both authenticated but inconsistent, are they both entered into evidence? who determines credibility?
- yes, duplicate admissible to same extent as original
- credibility is a question of fact for jury to determine
if the owner or developer of a building breaches a construction contract, what is the builder’s standard measure of damages
amount of expected profit plus costs expended at time of breach
cross/counterclaims matrix
is a retrial following a defendant’s successful appeal a continuation of an earlier proceeding? i.e., does it constitute double jeopardy?
it IS a continuation, so it does NOT constitute double jeopardy
majority rule for conspiracy
- can’t withdraw from the crime of “conspiracy”
- can withdraw from other crimes committed in furtherance if (1) notify all other members, (2) within time for members of conspiracy to abort it
scrutiny of non-smoking law when applied to government employees both at work and home?
rbs; any infringement on right to privacy is incidental
for prior consistent statements to be admissible to rebut recent fabrication, when must they have been made
before the charged fabrication or improper motive arose
aside from when harmful/offensive touching reaches the plaintiff, when may the tort of battery be satisfied (i.e., what else can it touch, and what’s an example)
- contact with something connected to plaintiff
- ex: dog on a leash
does facially explicit racial segregation in prisons violate epc, and pursuant to what level of scrutiny?
- yes,
- strict
if you fail to mitigate another’s breach under contract law, what damages can you nonetheless recover?
- what the cost of replacement would have been relative to the cost of the breached contact
how to establish a land boundary by agreement
- show either the parties were uncertain/unaware of the correct location, or that a dispute as to the location existed b/w them
- show taking & relinquishing of possession by the parties to the agreed line
ex: neighbor wants to put up fence, neither party sure of exact boundary line, neighbor 2 acquiesces, they have set the new boundary
are prepayment penalty clauses contained in mortgage instruments enforceable? why/why not?
- yes
- lender will lose an anticipated interest in the event that the mortgage principal is paid before the due date
when is a vicarious statement admissible as an opposing party statement
when it
- was made during the existence of employment relationship, and
- within the scope of employment
can taxpayers bring commerce clause suits?
no
what must federal taxpayers allege to have standing to sue
(1) spending by congress
(2) violated the Establishment Clause
a foreclosure sale ___ the mortgagor’s interest in the mortgaged real estate, and the mortgagee ___ foreclose a second time on the property
terminates; cannot
may lay witnesses testify re: whether a person appears to be intoxicated?
yes
are witnesses per se incompetent i they refuse to take an oath or affirmation?
yes
are instructions hearsay?
no, non-assertive verbal conduct, used to prove an inference not establish the truth of the matter being asserted
what must be pled with particularity (fcp)
fraud, mistake, condition of the mind
do religious activities conducted in public schools violate the Establishment clause?
as a general rule, yes
when is state substantive law used in federal court
where a procedure is not dictated by federal rule, statute, or constitutional provision, court engages a balancing test that will sometimes lead it to apply state procedures
can an uncorroborated anonymous tip be used to justify the search of a suspect for weapons?
no
if someone intends to shoot one man but shoots another because he mistakes him for the other man, is that transferred intent in tort?
no, purposeful intent; transferred intent would be if he hit the second man because he missed the first
who bears the risk of loss in a building contract where the building is destroyed by a fire or act of god without either party, in the case where the building is
- partially constructed
- existing structure
- builder
- owner
is a builder who promises to erect a building bound to do so even though the nearly completed structure is destroyed by forces beyond the builder’s control?
yes
law that is applied for classifications of people where the actor is a state gov vs. the federal gov
state: 14A EPC
fed: 5A DPC
liability where a builder is repairing or renovating an existing building and the structure is destroyed by forces beyond the builder’s control
- building’s existence is regarded as an implied condition to agreement
- destruction without fault discharges builder’s duty
is a nolo contendere considered a conviction (in general, but we’re thinking about FRE here), and thus can it be used to impeach?
yes, yes
what does an affirmative defense need/rely on
factual issues not presented in the complaint
in a title theory state, when one joint tenant mortgages a property, what’s the result in terms of the interest with the other person and how much of the property is subjected to the mortgage
- tenants in common
- 1/2 of property subject to the mortgage
can a court dismiss an action of its own accord per forum non conveniens
yes
area claimed by adverse possessor under:
- claim of title
- color of title
- claim: no more than what he actually occupies
- color: the area described by the color of title (i.e., described on the instrument he may believe is effective)
what is required to toll a statute of limitations for disability/imprisonment
disability/imprisonment must be in effect when the adverse possessor enters, i.e., the owner being imprisoned after the adverse possessor enters will not toll the period of adverse possession
does the completeness doctrine require the introduction of potions of a statement that are neither relevant to, nor explanatory of, the admitted passages?
no
what is required for the president to have authority to direct the actions of persons outside the executive branch
authorization by an act of congress
how is a temporary restraining order different from a preliminary injunction / what does a PI require that TRO does not
- can be issued without notice if (1) harm before opposition can be heard and (2) attorney certifies in writing why notice should not be given
- expire after 14 days issuance, can be extended for 14 more upon good cause shown
PI requires notice, tro does not necessarily require notice
aleatory condition
contracts, a condition outside of one’s control
accord & satisfaction v. modification flow chart
keyword for both compulsory claims and res judicata
same transaction or occurrence
if a farmer who contracted to sell crops to be grown on designated land loses crops, when may he be excused because of a failure of a specific crop?
- destruction of identified goods, or
- failure of a basic assumption in the contract
unforeseen contingency contract defenses flow chart
when an equitable division/partition of property is not possible, a majority of states permit___
a sale and division of the proceeds
a majority of jurisdictions treat judgment creditors as protected in full (i.e., against all unrecorded interests subject to the recording act) only if_____
they purchase the debtor’s property at a judicial sale
what is required for the statute of frauds to not apply to a sale of goods >= $500
payment made and accepted, i.e., delivery of nonconforming goods insufficient
what can a party receiving interrogatories do when information requested requires analyzing information and the analysis would take a similar amount of time for either party
- specify which of its records contain the info +
- grant the requesting party access to the records for examination, copying, and analysis
tort special relationships that impose a duty
- common carrier passengers
- innkeeper guests
- employer-employees
- school-pupils
- jailer-prisoners
- landlord-tenants
- hospitals & psychotherapists in charge of dangerous mental patients
is a train platform a nonpublic forum for time, place, manner restriction purposes?
yes; only needs to be viewpoint neutral & rbs
graphic: four mortgages, second forecloses, foreclosure sale makes enough to satisfy mortgage 2 and part of mortgage 3, how do things look?
continuing trespass larceny
- trespassory taking
- of another’s property
- intent to deprive temporarily
- later changes mind and decides to deprive indefinitely
nonfinal orders eligible for immediate (i.e., interlocutory) appeal
- venue
- injunctions
- personal jurisdiction
- right to immediate possession of property
- class certification
- arbitration entitlement
- worker’s comp immunity
- qualified immunity
