Case Law (Shahid v. Hopson 24-25) Flashcards
Jones v. Narendra (1935)
Heirs are determined at death; a revoked or unexecuted will has no effect.
Brock v. Blom (1965)
A conviction for crimes like murder or manslaughter qualifies under the Slayer Statute; absent a conviction, proceedings must follow Slayer Statute protocol.
Maloney v. Soucar (1974)
Acquittals or lack of charges don’t prevent Slayer Statute cases, and such criminal outcomes are inadmissible as evidence.
Caltry v. Bridgeman (1985)
Culpable action in Slayer cases includes knowingly, purposefully, or facilitating the decedent’s death.
Salter v. Kidwai (1992)
Slayer Statute focuses on actions, not motives; motive may still be relevant but is not required.
Bearinger v. Rajan (2009)
Defendants who facilitated a death are culpable, including actions like aiding or inducing.
Martinez v. Martinez (2015)
Plaintiff doesn’t need to identify co-facilitators to prove defendant’s culpability in facilitation.
Jeff v. Wario’s Toolkit (1974)
Plaintiffs in civil cases must prove claims by a preponderance of the evidence.
Haug v. Sanders (2002)
Fact finders may rely on both direct and circumstantial evidence equally.
Zomerfeld v. Noto (2012)
Courts may use inadmissible evidence to determine if other evidence is admissible.
Mehta v. Wesley (2015)
Custodial documents can be used to establish admissibility of other evidence, but require proper foundation to be entered as evidence.
Thomas v. Davis (2001)
Pleadings frame trial issues; parties can’t alter their claims to prevent evidence presentation.
Shakur v. Wallace (1994)
Fact finders determine credibility and may accept or reject parts of a witness’s testimony.
Verbaarschott v. Lee (2005)
Admitted factual allegations in pleadings remain relevant and useful to the jury.
Graham v. Duckworth (2024)
Witnesses may be questioned about inconsistencies but cannot opine on other witnesses’ truthfulness.