Adaptibar Qs Flashcards
14A protects against involuntary confessions. Is confession because of mental defect considered invol?
No. Only Pretty Cute COWS.
Police Coercive Conduct, Overcomes Will of Suspect.
Can a ∆ use affidavits to support a motion for lack of PJ? Or should the court treat this as a motion for sum judge?
Yes, he can. Parties can take discovery regarding the PJ and provide the court with facts outside the pleadings to support.
No. SJM is decision on merits. PJ decision is not. Discovery has not begun, so inappropriate to move for sum judge.
Does the owner of a ST have the right to place an easement by necessity?
Yep.
Police have PC to stop car. Stop car. Driver + girl in car. Girl gets out and stands by bus stop. After finish searching car/driver, go over to girl, search purse and seize her heroin. Should ct grant her motion to suppress?
Yes, because auto exception says you can search whole car, but not people no longer inside car. No PC to search her. No warrant. No exigent cir. Grant M2S under exclusionary rule.
Contributory neg jx. Is assumption of risk by π a good defense for ∆ if ∆ had last clear chance to avoid accident?
Nope. Plaintiff will still recover.
Sanctions are only imposed if:
After notice + reasonable opp to respond, ct determeins that violation of FRCP has occurred. Requires a SEPARATE motion, allowing for 21 day safe harbor.
For a 12b6 to be successful, what must it do?
Writer sues film director saying copied his play. Director moves for 12b6, saying that writer didnt allege facts from which the court could find that director ever got the play. Result?
demonstrate that every fact asserted in complaint, taken as true, shows no plausible recovery under any legal theory.
Court will deny motion and allow writer to use discovery to find out what the director received and when
13A?
neither slavery nor invol servitude shall exist in US
Patient v Doc.
Claim 1: no informed consent.
Claim 2: negligence of doc in performance of surgery and post op care.
Relation back?
No. Must be from same conduct, T/O. Cts look @ whether ∆ had notice upon reading the OG complaint that an amended pleading would include the allegations in the amended pleading.
Here, OG complaint: before surgery conduct
C2: during and after surgery conduct.
Thus, not C/T/O. No relation back.
State passes law based on copying federal law verbatim. Resident sues in federal ct in state under this state law. FQ Jx?
Nope. Even though largely copied fed statute, the claim is created by state law and the state courts should interpret however they like.
When is an out of court identification procedure improper?
When it is unnecessarily suggestive. But if pros can demonstrate the reliability of the in-court id, can still get the testimony admitted.
Can a state bar deny admission to anyone who is a member of a subversive group?
Yes. If that person has a specific intent to further the illegal activity of the organization.
But, the 1A Freedom of Association prevents the state from inquiring about an applicant’s association for the purpose of withholding a right or benefit due to their individual beliefs.
Despite the legit interest in determining character and professional competence, ct must use other, less restrictive means
Is the timing of the use of force or threat relevant to a robbery analysis?
Nope. Can use the force or threat after the taking.
Do the FRE prevent an expert from testifying in a civil case about a party’s mental state?
Nope. FRE only prevent expert from testifying about a criminally accused’s mens rea.
Can a judgment be based solely on documentary evidence?
Yes.
Right to JT is which amendment?
Demand for JT must be made when?
7A.
Must be made within 14 days of the last pleading related to the issue. Aka - if no answer, no last pleading, JT still timely.
If legal and equitable claims arising out of the same facts are joined, what order should they be tried in?
What if one party is seeking an injunction, does that change anything?
Jury -facts first, then equitable next.
No. Still hear the JT first, then the injunction.
If a lease says you can remove all fixtures, can they be removed even if they will cause damage to the house?
Yes. Lease language controls.
Is expert testimony required in a legal malpractice claim where the lawyers failed to file a claim before the SoL ran?
Nope. Trend in courts to require expert testimony to establish a professional standard of care, not required where standard and breach are common knowledge.
What is the 15th Amendment?
Limitation on state and fed gov. Prohibits any gov from denying any citizen the right to vote on account of race or color.
Has an enabling clause, allowing Congress to adopt legislation protecting the right to vote from discrimination.
Can an easement require a person to perform an affirmative act?
Generally no.
Redirect of witness allowed when:
only to reply to significant new matters raised in cross.
Supplying signficant info inadvertently omitted on direct is done by re-opening direct; not on re-direct.
π1 v D1 - DivJx satisfied
π1 v D2 - both from same state.
Can π use supp jx for this claim?
No. Plaintiff cant use suppjx to overcome lack of diversity of citizenship.
Typical grounds for impossibility
destruction of subject matter, change in law that makes transaction impossible, death of a party to K.
Collateral Order Doctrine pretty much only applies when?
Immunity or Double Jep is involved. Not a decision about the justiciability of a political question.
Does Congress have plenary power to regulate foreign commerce under the Comm Clause?
Yes.
Why are warrantless searches of state automobile junkyards valid?
Are all adminstrative searches of commerical establishments valid?
Bc owners/operators of comm prop in highly regulated industries have a lower expectation of privacy and bc the state’s interests are heightened. Thus, search reasonable under 4A.
No, the industry must be closely regulated and the regulations must be necessary to further a gov interest, and discretion must be limited.
Is the court required to order a party to produce for the adversary a writing used before trial to refresh the memory of a witness?
No. Court’s discretion
Art collector pays $1000. Gallery inadequately wraps it, value reduced to $300. Collector pays $400 to repair, at gallery’s direction. After repair, worth $700. What recovery?
$700. Breach of warranty. (As warranted - as is) + cost to repair = 1000 - 700 + 400 = $700 Note: repair costs are often used to determine difference in value, but when repairs fail to restore the goods to their as warranted value, adjustment is required
