7/21

Question 1

example of commercial restriction that fails commercial restriction test

Answer 1

prohibiting beer brewers from displaying abv on bottles AT ALL to prevent “strength wars” (more extensive than necessary b/c would prevent brewer from displaying on back; does not apply to non-beer alcohol)

Question 2

can a state deny unemployment compensation benefits to a person whose religious faith commands the observance of saturday as the sabbath (so, for example, they can’t take a job that is required to work saturdays)?

Answer 2

no

Question 3

if city will only rent designated public facilities to non-religious groups, what it is violating?

Answer 3

freedom of speech

Question 4

where similar accidents were caused by the same event or condition, what are prior accidents or injuries admissible to prove? (Eg, someone allegedly injured tripping over garden hose; someone else injured tripping over it the prior night)

Answer 4

1. defect/dangerous condition existed
2. D had knowledge of dangerous condition, OR
3. dangerous condition was the cause of the present injury

Question 5

what outcome when remaindermen sue for a life tenant’s AFFIRMATIVE waste?

Answer 5

• enjoin further activity
• compensated in damages for wrongful activity already occurred

Question 6

when is the owner of an automobile vicariously liable for the acts of his agents or members of his family

Answer 6

when they use the auto for “family purposes”

Question 7

joint tenancy severed by contract, person dies before closing, gives property to sister in will, what result?

Answer 7

tenancy in common b/w non-dead jt & sister (legal title), who is obligated to fulfill contract and convey legal title to purchase (who already has equitable title)

Question 8

what are verbal acts and are they hearsay? + example

Answer 8

• words that have legal significance apart from their truth
• not hearsay

ex: PO testifies “the confidential informant ordered illegal drugs from the D, and they set a time and place to meet”

Question 9

when is an otherwise hearsay certificate of conviction admissible

Answer 9

(1) for a felony offense, and
(2) necessary to prove essential element in civil case

Question 10

Settlements of class actions must be approved by

Answer 10

court

Question 11

questions to ask when answering “what crime defendant can be convicted of”

Answer 11

1. lesser included offenses, i.e., merger?
2. withdrawal?
3. co-felon liability?

Question 12

can a wrongful death tort be based on negligence?

Answer 12

yes

Question 13

does the consumer expectation test standard apply to design defects or manufacturing defects?

Answer 13

design defects

Question 14

does a victim’s status as a trespasser negate strict liability?

Answer 14

no

Question 15

evidence q process

Answer 15

1. relevant? (more or less likely)
2. 403 balancing test (different from relevancy)
3. other considerations