7/20 Flashcards
- when is a federal legislator not liable for defamatory messages uttered?
- how great is their privilege (i.e., what kind of statements are they not liable for?)
- does this privilege apply to legislators at the non-federal level?
- while on floor of legislature or during hearings, committee proceedings, or the like
- absolute, not liable for any statement
- no, only federal level
Can a public employee be fired, demoted, or denied promotion or raise b/c of membership in a political party?
Exception?
What amendment does this relate to?
a public employee cannot be fired, demoted, or denied promotion or raise because of membership in a political party, unless the party affiliation is an appropriate criterion for the position sought or lost (only when involves high-level policy making or a close advisory relationship with an elected official)
- 1A
under the modern trend, can reasonably foreseeable plaintiffs (e.g., rescuers) invoke strict products liability when plaintiff has been endangered by defective product?
yes
when is someone a “public figure” for defamation purposes
- achieved all-pervasive fame
- attempted to use media to gain notoriety, or
- injected themselves into public arena to attempt to direct public policy
is a somnambulant act voluntary? implication?
no, so no actus reus
may an epileptic driver who has a seizure be guilty of criminal homicide if she loses control of her vehicle and kills two children during seizure
yes she may, if she performed a voluntary act that was criminally reckless in putting herself in that situation
are names of victims of high-profile murders matters of public concern? what is the constitutional implication for defamation and reporting? What must reporters do to protect this right?
- yes
- reporters have a 1A right to report on them as long as they lawfully obtain the informatioin
What is required for a report prepared by in an expert in anticipation of litigation to be discoverable?
expert must testify at trial
What is needed for attorney work products to be discoverable
- party has substantial need for materials, AND
- no other reasonable means to obtain them
interference with contractual relations tort
- d knows there is contract between p & 3p
- d acts with purpose of having contract breached or making it harder to perform
attempted murder nontestimonial evidence example (& why is it nontestimonial?)
- a witness’s 911 all describing the defendant’s attempted murder of the victim, after the defendant fled the scene
- b/c primary purpose is to aid police during ongoing emergency
When is extrinsic evidence of a prior statement admissible?
when the witness has been given an opportunity to explain or deny the statement
when dealing with an out of court statement in an evidence question, look at whole statement or parts for admissibility?
Parts; consider what portions are hearsay/excluded and what aren’t
how can a shareholder validly revoke a proxy
by showing up to a meeting and voting
What states must recognize common law marriage
- all states MUST
- even if they do not permit creation in their borders
what constitutional burden is there before a biological parent’s parental rights may be terminated (what amendment, standard)
14A requires “substantial showing” the parent has neglected his/her responsibilities to the child
Wills: distribution of personal property is governed by laws of
state in which decedent domiciled
Wills: distribution of real property is governed by laws of
state in which property is located
abstention doctrine
federal court can temporarily refuse jurisdiction over a federal constitutional issue if it is possible that the state ct will dispose of issues relying on unsettled state law
Delegation liability flow chart (can promisor sue delegatee?)
delegator (promisor) remains liable as surety for performance of delegatee; i.e., promisor can sue for delegatee’s breach
what does robbery REQUIRE from the victim
fear
what needs to be shown for physical or mental examinations (discovery) to receive court approval (whether first, second, third, or fourth for one person, this is all that is needed)
good cause for examination
can you commit arson on your own property?
yes, malicious burning of property (mbo) satisfies
does a cabin owner have permission to enter a cabin occupied by a renter without informing the renter while they are away?
no
