7/3 Flashcards
Does the defense of duress require the threat intends physical harm?
no; could be economic harm, for example
Will coincidental interventions supersede the defendant’s responsibility except when an independent intervening force was foreseeable?
yes
Will an intervening event break the chain of causation if the defendant’s actions were the substantial contributing cause of harm?
No; “substantial factor speaks to actual cause, which precedes the proximate cause analysis. Intervening events break the chain of proximate causation, which must be shown even if actual cause is present.
who has sole power to IMPEACH
house
who has sole power to try impeachment
senate, 2/3 vote required for conviction
On whom may a court impose sanctions?
on any attorney, law firm (imputation), or party that violated rule 11 or is responsible for the violation
Limits of sanctions
limited to what would be sufficient to deter repetition of conduct or comparable conduct by others
What do attorneys certify via pleadings (creating basis for sanctions if untrue)?
-attorneys who present pleading to court certify that to best of knowledge, info, belief:
(1) doc not being presented for improper purpose
(2) doc warranted by existing law
(3) facts supported by evidence (or will be), &
(4) denials of fact warranted by evidence or reasonable belief
What must an order imposing sanctions describe
- sanctioned conduct
- basis for sanctions
if party fails to make an admission, and if requesting party later proves a doc to be genuine or the matter true, what may the party that requested the admission do?
move that the party who failed to admit pay the reasonable expenses, including attorneys fees, in making proof
What is the court’s discretion in imposing sanctions
Significant
What can court do if they determine a certification of pleadings is untrue
discretion to impose sanctions on party or party’s attorney after notice + opportunity to be heard.
