All

Question 1

Hearsay exceptions where the declaration is unavailable?

San Francisco Police Department

Answer 1

Statement Against Interest

Former Testimony

Pedigree

Dying Decleration

Question 2

Elements for Specific Performance

Chocolate cake is my favorite desert

Answer 2

Valid contract

Condition Met

Inadequate Legal Remedy

Mutuality of condition

Feasibility of enforcement

Defenses

Question 3

Statement made by available declerant

The Pussy Excites Me

Answer 3

Then existing emotional / mental/ physical condition

Present sense impression

Excited Utterance

Medical statement

Question 4

Documents that fall under hearsay exceptions

Bushy Pussy looks pretty

Answer 4

Business Records

Past Recollection Recorded

Learned Treaty

Public Records

Question 5

Prior Statements of Available Witnesses

Triple P’s

Answer 5

Prior Consistent Statements

Prior inconsistent statements

Prior identification

Question 6

How are admissions different under Fed vs Cali?

Answer 6

Federal it’s not considered hearsay

California it’s considered a hearsay exception.

Question 7

Statement by co-conspirator regarding a conspiracy charge requires what ?

Answer 7

The co conspirator is available to be cross examined to conform wit the confrontation clause

Question 8

Present sense impression is called what in cali?

And how is it different than under the fre?

Excited utterance is called what I’m california?

Answer 8

Contemporaneous statement - must be made while the declerant is perceiving the event.

Verse federal it can be while perceiving or immediately after.

Different because applies to statement explaining conduct of the declarant.

Excited utterance is spontaneous statement in California .

Question 9

What are the requirements for business records.

Answer 9

1. The business regularly keeps records.
2. Was made by someone with firsthand knowledge
3. Was made during or near the time of incident.

Question 10

What’s the difference between business records in california verse fre?

Answer 10

For california it is not admissible if it contains opinions or diagnosis

Question 11

For public records and reports what’s the difference with regard to limitations between California and fre?

Answer 11

CRIMINAL prosecution can’t use matters observed by the police officer in California there’s no limitations.

Question 12

Federal privilege applies when ?

State privilege applies when ?

Answer 12

Federal privilege applies in federal Ct for federal question, federal criminal and civil cases.

State privilege law applies to federal court diversity jurisdiction or state court.

Question 13

Attorney client privilege apply on to?

Answer 13

Communications regarding legal service not evidence turned over.

Question 14

Attorney client privilege exceptions are:

Answer 14

Communications with attorney to commit a crime or fraud.

Dispute with lawyer

Question 15

Attorney and client privilege last until when?

What’s the difference between common law and california

Answer 15

Common law - forever even after death unless a will contest.

California - until clients estate has been fully distributed and personal reps discharged.

Question 16

Difference between doctor client privilege in California verse federal?

Answer 16

No doctor client privilege in fed.

Cali - privilege with doctors but only for communications regarding treatment .

Question 17

Doctor client privilege don’t apply when?

Answer 17

1. Patient put his physical condition in issue.
2. Dispute between doctor client.
3. Doctor aid was sought for wrongdoing.
4. Competence / licensing revocation proceeding for dr.

Question 18

Marital privilege applies if the parties are_______.

Which spouse holds the privilege?

It covers what kind of information?

In federal law it applies to what kind of case?

In California it applies to what kind of case?

The exceptions of the privilege are?

Answer 18

Married

Witness spouse

Criminal cases

Criminal and civil cases

Actions between spouses or cases with crimes against a spouse or a child.

Question 19

Confidential communication privilege applies even the the spouses are_____?

Who’s the holder of the privilege?

The privilege covers what?

The exceptions to the privilege are?

Answer 19

Not married

Both ex spouses - one may prevent the other from disclosing.

Statements not acts during the marriage.

Actions between spouses or cases with crimes against a spouse or a child.

Question 20

malicious prosecution elements

Dicta

Answer 20

Damages; improper purpose; criminal trial (and civil in most jurisdictions); termination in favor of defendant; absence probable cause

Question 21

Attractive nuisance elements (must be satisfied to be held accountable)

BABE C

Answer 21

Burden of remedying low

Awareness of danger by owner

Bodily injury or death may occur

Failure to exercise due care

Children because of age unaware

Question 22

Trustee Duties

DAN LIES

Answer 22

1. Due Care
2. Account
3. Not Delegate Duties (modern can)
4. Loyalty
5. Invests Prudently
6. Earmark
7. Segregate

Question 23

Requirement for principal agent relationship

Answer 23

ABC

Assent
Benefit to principle
Control by principle

Question 24

Impracticable

Answer 24

1. Circumstances affecting the contract has changed;,
2. The change is not due to any act of the defendant;
3. The change in circumstance causes undue hardship on the defendant

Question 25

Impossibility

Answer 25

1. Circumstances affecting the contract has changed;,
2. The change is not due to any act of the defendant;
3. The change in circumstance causes performance to be impossible for the defendant

Question 26

Frustration of Purpose

Answer 26

Total destruction of the subject matter of the contract.