7/4 Flashcards
when can a president establish a commission
- does not unconstitutionally interfere with Congress
- legislative branch appropriated funds to be used by the president for purpose
- ~ president has implied power to act
if contractor is working on a federal contract allowed by federal law in state but not allowed by state law, what wins
federal law, supremacy clause
when and how and against whom may a 3pb enforce a contract in action
against: promisor; when: rights have vested; how: without joining promisee
ex: breeder contract w/ pet store for dogs, pet store assigns contract to groomer, groomer tells breeder, breeder can enforce
when is indemnification available?
- one d vicariously liable for the tort of another directly liable d, first d may recover entire amount of any damages paid to the plaintiff from the second d
- indemnification clauses in contracts
what is required of 3p publication for slander? what will defeat publication?
required: 3p hears and understands
defeats: spoken in a language none of the listeners understood (then, not published)
when may a service contract under SOF (>1 year performance) merit payment for reasonable value of services even though fails SOF, i.e., it’s not enforceable?
part performance, avoiding unjust enrichment
how can contents of an official record or of a document authorized to be recorded or filed and actually recorded or filed be proved if otherwise admissible?
via copy:
1. certified as correct in accordance with Rule 902
OR
2. testified to be correct by a witness who has compared it with the original
effective waiver of miranda rights
- oral waiver
- signing written statement effecting this
- making unsolicited statements to police
when, and what, must parties disclose about individuals likely to have discoverable information
when: within two weeks of the initial discovery conference
what: name, address, telephone number
by when must the court give parties a chance to object to proposed jury instructions
prior to the final arguments
requirements to be the “right type” of felony for a felony murder charge
either:
1. listed in the murder statute, or
2. be both (a) independent of the killing AND (b) inherently dangerous
what may the federal court do if unclear about the state law to be followed (3)
- abstain from hearing the state law claim
- if state law allows, certify the question to the state courts and obtain a ruling on the issue, or
- try to predict how the state courts would rule on the issue, using all available and relevant resources
what takes precedence, congressional action or federal common law rules?
congressional action
may a proponent of photographic evidence use a summary to prove the content of voluminous photographs that cannot be conveniently examined in court?
yes; must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place
transferred intent + example where fails
when defendant intends to harm one victim but then unintentionally harms a second victim instead
driving onto a sidewalk to bypass traffic and killing someone while speeding will be depraved heart murder, not transferred intent (no intent to hit someone)
