Case Law (Shahid v. Hopson 24-25) Flashcards

1
Q

Jones v. Narendra (1935)

A

Heirs are determined at death; a revoked or unexecuted will has no effect.

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2
Q

Brock v. Blom (1965)

A

A conviction for crimes like murder or manslaughter qualifies under the Slayer Statute; absent a conviction, proceedings must follow Slayer Statute protocol.

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3
Q

Maloney v. Soucar (1974)

A

Acquittals or lack of charges don’t prevent Slayer Statute cases, and such criminal outcomes are inadmissible as evidence.

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4
Q

Caltry v. Bridgeman (1985)

A

Culpable action in Slayer cases includes knowingly, purposefully, or facilitating the decedent’s death.

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5
Q

Salter v. Kidwai (1992)

A

Slayer Statute focuses on actions, not motives; motive may still be relevant but is not required.

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6
Q

Bearinger v. Rajan (2009)

A

Defendants who facilitated a death are culpable, including actions like aiding or inducing.

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7
Q

Martinez v. Martinez (2015)

A

Plaintiff doesn’t need to identify co-facilitators to prove defendant’s culpability in facilitation.

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8
Q

Jeff v. Wario’s Toolkit (1974)

A

Plaintiffs in civil cases must prove claims by a preponderance of the evidence.

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9
Q

Haug v. Sanders (2002)

A

Fact finders may rely on both direct and circumstantial evidence equally.

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10
Q

Zomerfeld v. Noto (2012)

A

Courts may use inadmissible evidence to determine if other evidence is admissible.

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11
Q

Mehta v. Wesley (2015)

A

Custodial documents can be used to establish admissibility of other evidence, but require proper foundation to be entered as evidence.

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12
Q

Thomas v. Davis (2001)

A

Pleadings frame trial issues; parties can’t alter their claims to prevent evidence presentation.

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13
Q

Shakur v. Wallace (1994)

A

Fact finders determine credibility and may accept or reject parts of a witness’s testimony.

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13
Q

Verbaarschott v. Lee (2005)

A

Admitted factual allegations in pleadings remain relevant and useful to the jury.

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14
Q

Graham v. Duckworth (2024)

A

Witnesses may be questioned about inconsistencies but cannot opine on other witnesses’ truthfulness.

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15
Q

Filteau v. Wanek (1992)

A

Evidence allowing a reasonable jury to identify the speaker makes a statement admissible.

16
Q

Ginger v. Heisman (2015)

A

Emails and texts are authenticated if they can reasonably be attributed to the sender.

17
Q

State v. Sinclair (2016)

A

Jurors may compare handwriting samples with or without expert aid.

18
Q

Simpson v. Rose (1992)

A

Verbal acts are admissible as non-hearsay if they hold independent legal significance.

19
Q

Farrant v. Westaway (1994)

A

Statements for identification, not truth, are non-hearsay.

20
Q

Knox v. Revoir (1995)

A

MRE 801(d)(2) statements don’t have to be against the party’s interest to be admissible.

21
Q

Zedell v. Hussain (1998)

A

MRE 803(4) doesn’t apply to statements made to litigation-retained experts.

22
Q

Dolly v. Ringo (2010)

A

MRE 801(d)(2) only applies to statements by the opposing party.

23
Q

Seferian v. Morales (2010)

A

Statements by third parties in a conspiracy aren’t admissible under MRE 801(d)(2)(E) in Slayer cases.

24
Q

America’s Best Cookie v. International House of Waffles (2011)

A

Hearsay includes statements by witnesses who testify in the trial.

25
Q

Kaplan v. Sikora (2013)

A

Statements by a party’s agent on matters within their scope are non-hearsay if made within the employment period.

26
Q

Chambers v. By the Book Publishing, Ltd. (2015)

A

Hearsay applies only when an out-of-court statement is offered for its truth.

27
Q

McKanna v. Malburg (2019)

A

The Midlands Rules of Evidence govern even if federal rules differ.

28
Q

Rogers v. Mars (2020)

A

Decedent statements aren’t plaintiff or defendant statements but may still be admissible under other rules.

29
Q

Petrillo v. Martini and Peony Estates (2021)

A

Labels on commercial products are reliable and admissible despite hearsay concerns.

30
Q

State v. B.F. De la Porta (2024)

A

Hearsay requires an assertion of fact intended to establish the truth of that fact.

31
Q

Krent v. Lions, Inc. (2009)

A

“Reverse character evidence” on third-party suspects can be admitted if its relevance outweighs prejudice.

32
Q

Estate of Hamilton v. Walton (2009)

A

Psychological conditions don’t qualify as character evidence under MRE 404(a)(1).