7/20

Question 1

• 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?

Answer 1

• while on floor of legislature or during hearings, committee proceedings, or the like
• absolute, not liable for any statement
• no, only federal level

Question 2

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?

Answer 2

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

Question 3

under the modern trend, can reasonably foreseeable plaintiffs (e.g., rescuers) invoke strict products liability when plaintiff has been endangered by defective product?

Answer 3

yes

Question 4

when is someone a “public figure” for defamation purposes

Answer 4

• achieved all-pervasive fame
• attempted to use media to gain notoriety, or
• injected themselves into public arena to attempt to direct public policy

Question 5

is a somnambulant act voluntary? implication?

Answer 5

no, so no actus reus

Question 6

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

Answer 6

yes she may, if she performed a voluntary act that was criminally reckless in putting herself in that situation

Question 7

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?

Answer 7

• yes
• reporters have a 1A right to report on them as long as they lawfully obtain the informatioin

Question 8

What is required for a report prepared by in an expert in anticipation of litigation to be discoverable?

Answer 8

expert must testify at trial

Question 9

What is needed for attorney work products to be discoverable

Answer 9

1. party has substantial need for materials, AND
2. no other reasonable means to obtain them

Question 10

interference with contractual relations tort

Answer 10

1. d knows there is contract between p & 3p
2. d acts with purpose of having contract breached or making it harder to perform

Question 11

attempted murder nontestimonial evidence example (& why is it nontestimonial?)

Answer 11

• 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

Question 12

When is extrinsic evidence of a prior statement admissible?

Answer 12

when the witness has been given an opportunity to explain or deny the statement

Question 13

when dealing with an out of court statement in an evidence question, look at whole statement or parts for admissibility?

Answer 13

Parts; consider what portions are hearsay/excluded and what aren’t

Question 14

how can a shareholder validly revoke a proxy

Answer 14

by showing up to a meeting and voting

Question 15

What states must recognize common law marriage

Answer 15

• all states MUST
• even if they do not permit creation in their borders

Question 16

what constitutional burden is there before a biological parent’s parental rights may be terminated (what amendment, standard)

Answer 16

14A requires “substantial showing” the parent has neglected his/her responsibilities to the child

Question 17

Wills: distribution of personal property is governed by laws of

Answer 17

state in which decedent domiciled

Question 18

Wills: distribution of real property is governed by laws of

Answer 18

state in which property is located

Question 19

abstention doctrine

Answer 19

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

Question 20

Delegation liability flow chart (can promisor sue delegatee?)

Answer 20

delegator (promisor) remains liable as surety for performance of delegatee; i.e., promisor can sue for delegatee’s breach

Question 21

what does robbery REQUIRE from the victim

Answer 21

fear

Question 22

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)

Answer 22

good cause for examination

Question 23

can you commit arson on your own property?

Answer 23

yes, malicious burning of property (mbo) satisfies

Question 24

does a cabin owner have permission to enter a cabin occupied by a renter without informing the renter while they are away?

Answer 24

no