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CA Bar Outlined and Numbered (with prompts) > CEMENT 2 > Flashcards

CEMENT 2 Flashcards

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1
Q

2

WHERE GENERAL JX IS FOUND, DEFENDANT MAY BE SUED FOR

A

ANY CLAIM ARISING IN OR OUTSIDE THE FORUM

(THIS IS FOR PERSONAL JURSIDICTION, WATCH OUT FOR VENUE ISSUES)

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2
Q

2

QUIET TITLE ACTIONS MAY BE

A

QUASI-IN-REM WHERE AGAINST ONE OR MORE SPECIFIC INDIVIDUALS

(THE PARTIES’ RIGHT TO THE PROPERTY)

IN REM WHERE AGAINST CLAIMANTS KNOWN AND UNKNOWN

(RIGHTS TO THE PROPERTY)

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3
Q

2

QUASI IN REM JURSIDICTION WILL ALLOW JUDGMENT AGAINST DEFENDANT TO BE SATISFIED

A

ONLY OUT OF THE ADJUDICATED PROPERTY.

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4
Q

1

MULTIPLE P’S CAN AGGREGATE CLAIMS AGINST ONE D IN THE RARE EVENT

A
  1. THEY ARE SEEKING TO ENFORCE A RIGHT IN WHICH THEY HAVE A COMMON, UNDIVIDED INTEREST.
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5
Q

2

PRIVILEGE FOR DIVERSITY

A

In a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision.

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6
Q

1

DISMISSAL BASED ON FORUM NON CONVENIENS IS NOT FREQUENTLY GRANTED WHERE

A
  1. PLAINTIFF IS A RESIDENT IN THE PRESENT FORUM
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7
Q

1

AFTER A 12B MOTION, AN ANSWER MUST BE FILED IN

A

14 DAYS

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8
Q

1

LACK OF INFORMATION AND BELIEF RESPONSE ON A FEDERAL ANSWER HAS THE EFFECT OF

A
  1. A DENIAL
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9
Q

6

THESE DEFENSES, IF NOT RAISED IN THE ANSWER, WILL BE DEEMED WAIVED

A
  1. CONTRIBUTORY NEGLIGENCE
  2. CLAIM PRECLUSION
  3. STATUTE OF FRAUDS
  4. FRAUD
  5. STATUTE OF LIMITATIONS
  6. SELF-DEFENSE
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10
Q

3

LEAVE TO AMEND WILL BE GRANTED FREELY WHEN JUSTIC REQUIRES. COURT EVALUATES JUSTICE BY

A
  1. DELAY THAT WILL BE CAUSED
  2. POTENTIAL PREJUDICE TO PARTIES
  3. FUTILITY OF AMENDMENT
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11
Q

3

REQUIREMENTS TO AMEND A FEDERAL COMPLAINT TO ADD A DEFENDANT

A
  1. WITHIN 90 DAYS OF COMPLAINT
  2. DEFENDANT KNEW OR SHOULD HAVE KNOWNT THAT HE SHOULD HAVE BEEN NAMED IN ORIGINAL COMPLAINT
  3. SAME TRANSACTION OR OCCURRENCE
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12
Q

2

FEDERAL CROSS CLAIMS

A
  1. MUST ARISE FROM SAME TRANSACTION OR OCCURRENCE
  2. ARE NEVER COMPULSORY
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13
Q

3

RULE 11 SAFE HARBOR - PARTY WHO FILES OFFENDING DOCUMENT MUST RECEIVE

A
  1. MOTION SEEKING SANCTIONS OFFENDING DOCUMENT (SERVED, NOT FILED)
  2. 21 DAYS TO AMEND
  3. IF NO CHANGE, MOTION FILED WITH COURT
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14
Q

2

FRCP RULE 19 EVALUATES

A

A. WHETHER JOINDER OF MISSING PARTIES IS NECESSARY

B. WHETHER THE MISSING PARTIES ARE INDISPENSIBLE, AND THE CASE SHOULD BE DISMISSED AS A RESULT.

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15
Q

2

PERMISSIVE INTERVENTION AND THE GOVERNMENT OFFICER- INTERVENTION MAY BE PERMITTED WHERE PARTY IS

A
  1. A GOVERNMENT OFFICER OR AGENT
  2. EXISTING CLAIM OR DEFENSE RELATIONS TO OFFICER/AGENCY/STATUTE/REGULATION
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16
Q

2

IN DIVERSITY CASES, INTERVENORS MUST ESTABLISH

A

INDEPENDENT SMJ

SUPPLEMENTAL JX DOES NO COVER DIVERSITY INTERVENTION

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17
Q

2

A NONDIVERSE DEFENDANT INTERVENOR WILL NOT DESTROY DIVERSITY WHERE

A
  1. IT ISN’T INDISPENSIBLE
  2. DEFENDANTS CAN CLAIM THEY ARE INDISPENSIBLE
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18
Q

3

IMPLEADER - D’S CLAIM AGAINST TPD MUST BE

A
  1. DERIVATIVE
  2. MUST CLAIM THE MONEY IS OWED TO HIM FOR CONTRIBUTION/IDEMNIFICATION
  3. NOT TO PLAINTIFF DIRECTLY
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19
Q

3

CLASS ACTION FAIRNESS ACT IS A

A
  1. SEPARATE MEANS OF OBTAINING SMJ
  2. WHERE CLASS MEMBERS EXCEED 100
  3. DAMAGES EXCEED FIVE MILLION DOLLARS
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20
Q

2

CAFA WON’T WORK FOR

A
  1. SHAREHOLDER CLAIMS AGAINST CORPORATE MANAGEMENT
  2. STATE SECURITIES LAW CLAIMS
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21
Q

1

FOR REGULAR CLASS ACTION, SMJ WILL BE FOUND WHERE THESE PEOPLE ARE DIVERSE FROM DEFENDANTS

A
  1. CLASS REPRESENTATIVES
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22
Q

2

DEPOSITION OBJECTIONS - WHERE DEPONENT’S COUNSEL OBJECTS, DEPONENT MUST STILL

A
  1. RESPOND
  2. UNLESS THE OBJECTION IS BASED ON PRIVILEGE
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23
Q

2

LIKE WITH A MOTION TO COMPEL, THE PARTY MOVING FOR A PROTECTIVE ORDER HAS TO SHOW THAT

A
  1. THERE WAS A MEET AND CONFER ABOUT PROTECTED MATTER
  2. OR AN ATTEMPT TO MEET AND CONFER
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24
Q

1

PARTIAL VIOLATIONS ARE

A
  1. LESS SERIOUS DISCOVERY VIOLATIONS
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25
Q

1

PENDING COUNTERCLAIM AND P’S VOLUNTARY DISMISSAL - P CAN’T DISMISS CASE WITHOUT

A
  1. D’S CONSENT
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26
Q

3

DEFAULT JUDGMENT IN FEDERAL COURT MAY OCCUR BY

A
  1. JUDGE ENTERING DEFAULT
  2. CLERK ENTERING WHEN NO RESPONSE AND D IS NOT A MINOR
  3. PLAINTIFF FILES MOTION FOR DEFAULT
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27
Q

2

SPECIAL VERDICT FORMS - ORDER OF DECISION

A
  1. JURY MAKES FINDINGS OF FACT ON VERDICT FORM
  2. JUDGE APPLIES FACTUAL FINDINGS TO LAW
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28
Q

1

FEDERAL COURT - SERVICE BY MAIL ALLOWS

A
  1. THREE EXTRA DAYS TO RESPOND
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29
Q

2

WHERE ORIGINAL VENUE OF FILING IS IMPROPER, COURT MAY ONLY TRANSFER CASE IN

A
  1. THE INTERESTS OF JUSTICE
  2. OTHERWISE, DISMISS THE CASE
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30
Q

2

RESIDENCY FOR VENUE - AN UNINCORPORATED ASSOCIATION WILL TRIGGER PROPER VENUE IN THE PLACE

A
  1. ORGANIZATION IS LOCATED
  2. NOT ITS INDIVIDUAL MEMBERS
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31
Q

2

RULE 12 MOTIONS FOR FAILULRE STATE A CLAIM ON WHICH RELIEF MAY BE GRANTED

A
  1. BEFORE ANSWER = RULE 12B6 MOTION TO DISMISS
  2. AFTER ANSWER RULE 12C MOTION FOR JUDGMENT ON THE PLEADINGS
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32
Q

1

RULE 68 OFFER TO COMPROMISE - PARTIES MAKE FORMAL OFFER UP UNTIL 14 DAYS BEFORE TRIAL. IF OFFEREE REJECTS AND AND GETS A LESS FAVORABLE RESULT AT TRIAL

A

OFFEREE MUST PAY OFFEROR’S COSTS INCURRED AFTER TIME OFFER WAS MADE

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33
Q

3

FEDERAL CLAIM PRECLUSION REQUIRES

A
  1. SAME PARTIES
  2. SAME CLAIM
  3. FINAL JUDGMENT ON THE MERITS
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34
Q

1

FINAL JUDGMENT ON THE MERITS EXISTS EVEN WHERE

A
  1. CASE IS BEING APPEALED
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35
Q

1

A PARTY SUBJECT TO TRO MUST HAVE ACTUAL NOTICE OF THE TRO BEFORE

A
  1. THEY CAN BE HELD IN CONTEMPT FOR VIOLATING IT.
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36
Q

1

ISSUES NOT INCLUDED IN THE PRETRIAL ORDER ARE GENERALLY

A

EXCLUDED AT TRIAL

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37
Q

3

MAKE SURE PROBATIVE VALUE STANDARD INDICATES

A
  1. PROBATIVE VALUE IS
  2. SUBSTANTIALLY OUTWEIGHED
  3. BY DANGER OF UNFAIR PREJUDICE
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38
Q

1

FRE - WHERE DEFENDANT IS ACCUSED OF HOMICIDE, AND HE OFFERS ANY KIND OF EVIDENCE THAT VICTIM WAS AGGRESSOR, PROSECUTION MAY INTRODUCT EVIDENCE OF

A
  1. VICTIM’S CHARACTER FOR PEACEFULNESS
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39
Q

2

FRE VS. CEC, WHERE DEFENDANT OFFERS EVIDENCE ABOUT VICTIM’S BAD CHARACTER,

A
  1. FRE - PROSECUTION CAN REBUT THAT DEFENDANT HAS THE SAME BAD TRAIT
  2. CEC - PROSECUTION CAN REBUT DEFENDANT HAS SAME BAD TRAIT ONLY IF THE TRAIT WAS VIOLENCE
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40
Q

2

FRE - AFTER DEFENDANT HAS OPENED DOOR TO CHARACTER, IT IS LIMITED TO THESE TYPES OF EVIDENCE ON DIRECT EXAM

A
  1. REPUTATION
  2. OPINION
41
Q

2

FRE - CIRCUMSTANTIAL GUARANTEES OF TRUSTWORTHINESS FOR ANCIENT DOCUMENT MAY BE

A
  1. FOUND IN A PLACE OF NATURAL CUSTODY
  2. DOES NOT PRESENT IRREGULARITIES ON ITS FACE
42
Q

2

PRIOR CONVICTION INVOLVING ACT OF DISHONESTY

A
  1. IS ALWAYS ADMISSIBLE
  2. NO BALANCING TEST UNDER 403
43
Q

2

FOUNDATIONAL REQUIREMENT FOR IMPEACHING THROUGH BIAS OR INTEREST

A
  1. WITNESS MUST BE QUESTION ON X-EXAM REGARDING FACTS THAT SHOW BIAS OR INTEREST SO
  2. WITNESS HAS OPPORTUNITY TO EXPLAIN OR DENY
44
Q

2

ONLY DEFENDANT CAN OPEN THE DOOR TO INTRODUCE EVIDENCE OF

A

VICTIM’S CHARACTER TO PROVE CONDUCT

45
Q

2

FRE RAPE SHIELD - CIVIL CASES - REPUTATION, OPINION, AND SPECIFIC INSTANCES OF VICTIM’S CONDUCT ARE ADMISSIBLE ONLY WHERE

A
  1. PLAINTIFF PUT HER REPUTATION AT ISSUE IN SOME WAY
  2. PROBATIVE VALUE OUTWEIGHS UNFAIR PREJUDICE
46
Q

2

CRIMINAL CASE - RAPE SHIELD - ONLY THIS TYPE OF EVIDENCE MAY BE USED

A

SP

47
Q

4

CO-CONSPIRATOR’S STATEMENTS ARE AVAILABLE FOR USE AS AN ADMISSION WHERE

A
  1. MADE DURING THE CONSPIRACY
  2. D WAS A CO-CONSPIRATOR
  3. MADE IN FURTHERANCE OF THE CONSPIRACY
  4. A CONSPIRACY ACTUALLY EXISTED
48
Q

2

FORMER TESTIMONY EXCEPTION - FRE - REQUIRES THAT FORMER TESTIMONY FOR CRIMINAL CASE

A
  1. DEFENDANT HAD AN OPPORTUNITY TO X-EXAMINE
  2. SIMILAR TO PRESENT MOTIVE
49
Q

1

PAYMENT WITHOUT AN OPPORTUNITY TO INSPECT IS NOT

A
  1. ACCEPTANCE
50
Q

2

WHERE THE CONTRACT TERMS DIVIDE PAYMENT BETWEEN GOODS AND SERVICES

A
  1. APPLY UCC TO SALE OF GOODS
  2. APPLY COMMON LAW TO SERVICE PORTION
51
Q
A
52
Q

2

AN OFFER REQUIRING ACCEPTANCES BY PROMISE MAY STILL BE ACCEPTED BY PERFORMANCE IF

A
  1. OFFEREE BEGINS TO PERFORM
  2. OFFEROR LEARNS THAT OFFEREE HAS STARTED PERFORMANCES AND ACQUIESCES
53
Q

1

WHERE A MINOR IS SUED FOR A CONTRACT FOR LIFE NECESSITIES, DEFENDANT SHOULD USE

A
  1. QUASI-CONTRACT
54
Q

2

IMPLIED AFFIRMATION AND MINORS WILL OCCUR WHERE

A
  1. MINORS FAIL TO DISAFFIRM THE CONTRACT WITHIN A REASONABLE TIME AFTER REACHING THE AGE OF MAJORITY
  2. RETAINED BENEFITS OF THE CONTRACT
55
Q

1

LIFETIME CONTRACTS OR DEALS WON’T FALL UNDER THE STATUTE OF FRAUDS BECAUSE THERE IS A CHANCE

A
  1. THE PERSON WILL DIE WITHIN THE YEAR.
56
Q

1

STATUTE OF FRAUDS IS SATISIFED WHERE BOTH PARTIES ARE MERCHANTS AND PARTY ASSERTING DEFENSE

A
  1. RECEIVED A SIGNED WRITING MEMORIALIZING THE AGREEMENT AND FAILED TO RESPOND WITHIN 10 DAYS OF RECEIPT.
57
Q

1

WHERE A CONTRACT WAS MADE CONCERNING A LEGAL SUBJECT MATTER BUT IT WAS MADE FOR AN ILLEGAL PURPOSE - THE CONTRACT IS ONLY ENFORCEABLE BY

A
  1. THE PARTY WHO DIDN’T KNOW ABOUT THE ILLEGAL PURPOSE
58
Q

2

PAROL EVIDENCE MAY BE ALLOWED WHERE

A
  1. AGREEMENT ONLY PARTIALLY INTEGRATED
  2. ADDITIONAL TERMS WOULD ORDINARILY BE IN A SEPARATE AGREEMENT
59
Q

2

RISK OF LOSS WILL PAST TO BUYER AT DELIVERY OF GOODS TO COMMON CARRIER UNLESS IT IS A

A
  1. DESTINATION CONTRACT
  2. ANYTHING NOT FOB [SELLER’S LOCATION]
60
Q

1

CONDITIONS ARE

A

AGREED-UPON LIMITATIONS ON PERFORMANCE

61
Q

2

FAILURE OF A CONTRACT PROMISE LEADS TO

A

BREACH

A promise or duty is absolute or unconditional when it does not depend on any external events.

62
Q

1

SUBSTANTIAL PERFORMANCE IS USUALLY CONSIDERED AT LEAST

A
  1. HALFWAY PERFORMED
63
Q

3

WHERE ONE PARTY HAS SUBSTANTIALLY PERFORMED, THE OTHER PARTY IS

A
  1. OBLIGATED TO PERFORM
  2. COMPLETE PERFORMANCE
  3. BUT CAN SEEK DAMAGES FOR THE DIFFERENCE BETWEEN THE PERFORMANCE RENDERED AND THE PERFORMANCE EXPECTED.
64
Q

1

WHERE SELLER BREACHES BY DELIVERING NON-CONFORMING BUT SUPERIOR GOODS, IT WILL NOT REDUCE

A
  1. BUYER’S DAMAGES
65
Q

2

WHERE BUYER RETURNS NON-CONFORMING GOODS AND DOESN’T PROCURE COVER, HE CAN STILL RECOVER DIFFERENCE BETWEEN

A
  1. FMV OF GOODS AT THE TIME OF BREACH
  2. MINUS CONTRACT PRICE
66
Q

2

RELIANCE DAMAGES ARE AWARDED WHERE EXPECTATION DAMAGES ARE TOO

A
  1. SPECULATIVE
  2. UNCERTAIN
67
Q

2

GRATUITOUS ASSIGNMENTS MAY BE REVOKED BY

A

DEATH OR BANKRUPTCY OF ASSIGNOR

NOTICE OF REVOCATION BY ASSIGNOR

TAKING OF PERFORMANCE BY ASSIGNOR

LATER ASSIGNMENT TO ANOHTER

68
Q

1

TPB CAN ONLY SUE PROMISSEE IF THE TPB IS A

A
  1. CREDITOR BENEFICIARY
69
Q

2

ACCORD AND SATISFACTION - WHERE THE ACCORD IS NOT SATISFIED, THE PROMISEE MAY SUE ON

A
  1. THE ORIGINAL OBLIGATION
  2. OR THE ACCORD
70
Q

2

ENTERPRISE LIABILITY.

A

Enterprise liability is a legal doctrine under which individual entities can be held jointly liable for some action on the basis of being part of a shared enterprise

71
Q

2

EQUITABLE LIEN

A

Equitable Lien: An equitable lien is a equitable remedy used where plaintiff’s unjustly taken funds have been commingled with defendant’s property. By granting plaintiff a security interest, plaintiff may secure repayment, but equitable lien will be cut off by transfer of the property to a bona fide purchaser for value who takes without notice of the lien.

72
Q

2

FEDERAL CIVIL CASE - PRESUMPTIONS AND AFFECT ON BURDEN OF PERSUASION.

A

PROPONENT PRODUCES EVIDENCE SUFFICIENT TO SUPPORT PRESUMPTION FACT IS TRUE +

BUT OPPONENT PRODUCES EVIDENCE SUFFICIENT TO SUPPORT PRESUMPTION IS NOT TRUE =

JURY WEIGHS ALL OF THE EVIDENCE, WITH NO PRESUMPTION

73
Q

2

FRE AND BURDEN OF PRODUCTION

A

PROPONENT PRODUCES EVIDENCE SUFFICIENT TO SUPPORT PRESUMPTION FACT IS TRUE +

OPPONENT PRODUCES NO EVIDENCE TO REBUT PRESUMPTION=

PROPONENT IS ENTITLED TO JURY INSTRUCTION TO CONCLUDE EXISTENCE OF FACT (MUST/MAY FOR CIVIL/CRIMINAL)

74
Q

2

IF WITNESS BELIEVES SOMETHING BUT HE IS NOT ABSOLUTELY

A
  1. The victim’s uncertainty goes to the weight that should be
  2. given to his testimony, not to its admissibility.
75
Q

1

GENERAL WELFARE CLAUSE ANSWER WILL INVOLVE

A
  1. TAXING AND/OR SPENDING
76
Q

1

CAUSATION FOR INTENTIONAL TORTS

A
  1. SUBSTANTIAL FACTOR
77
Q

2

FOR FALSE IMPRISONMENT, DURATION

A
  1. IS NOT IMPORTANT
  2. BRIEF CONFINEMENT WILL SUFFICE.
78
Q

1

FOR INTENTIONAL TORTS, A DRUNK PERSON DOES NOT HAVE THE CAPACITY TO

A
  1. CONSENT
79
Q

2

PRIVILEGE TO ENTER PROPERTY TO RECAPTURE WRONGFULLY TAKEN PROPERTY - INNOCENT THIRD PARTY’S PROPERTY

A
  1. GIVE NOTICE TO THIRD PARTY
  2. IF THIRD PARTY SAYS, “NOPE”, ENTER PROPERTY AT REASONABLE TIME AND IN PEACEFUL MANNER
80
Q

2

MALICIOUS PROSECUTION VS. ABUSE OF PROCESS

A
  1. ABUSE OF PROCESS = DEFENDANT COMMENCED A LEGAL ACTION AGAINST PLAINTIFF FOR AN IMPROPER PURPOSE FOR WHICH THE LEGAL SYSTEM IS NOT DESIGNED
  2. MALICIOUS PROSECUTION = DEFENDANT BROUGHT CRIMINAL OR CIVIL CASE AGAINST PLAINTIFF WITHOUT PROBABLE CAUSE. PROCEEDING TERMINATED IN PLAINTIFFS FAVOR. MUST BE TERMINATED.
81
Q

1

PRIVILEGE DEFENSE TO INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONS

A
  1. D’S CONDUCT WAS A PROPER ATTEMPT TO OBTAIN BUSINESS OR PROTECT HIS INTERESTS
82
Q

2

IF D’S CHATTEL IS ON ANOTHER’S PROPERTY DUE TO D’S OWN FAULT, HE DOES NOT HAVE

A

THE PRIVILEGE TO ENTER AND RECAPTURE HIS CHATTEL

83
Q

2

USE OF FORCE TO RECAPTURE CHATTEL

A
  1. REASONABLE FORCE ONLY
  2. NEVER DEADLY FORCE OR SERIOUS HARM
84
Q

1

CUSTOM OR USAGE IN THE INDUSTRY CAN BE USED TO ESTABLISH A STANDARD OF CARE, BUT FIALURE TO ADHERE DOES NOT AUTOMATICALLY MEAN

A
  1. BREACH OF DUTY
85
Q

1

WHERE OWNER HAS REASON TO BELIEF TRESPASSERS ON HER LAND, SHE HAS A DUTY TO WARN OF ALL

A
  1. KNOWN OR CONCEALED ARTIFICIAL CONDITIONS.
86
Q

2

SUBSTANTIAL FACTOR VS. BURDEN SHIFTING

A
  1. SF = MULTIPLE CAUSES
  2. BURDEN SHIFTING/II = SEVERAL POSSIBLE CAUSES BUT ONLY ONE CAUSED PLAINTIFF’S INJURY
87
Q

1

CONTRIBUTORY NEGLIGENCE IS AVAILABLE AS A DEFENSE IF MISREPRESENTATION WAS

A
  1. NEGLIGENT
88
Q

2

PRIVATE NUISANCE CLAIMS REQUIRES

A
  1. SUBSTANTIAL = OFFENSIVE TO THE AVERAGE PERSON
  2. UNREASONABLE = PLAINTIFF’S INJURY OUTWEIGHS THE UTILITY OF DEFENDANT’S CONDUCT
89
Q

4

APELLATE COURTS WILL NOT DISTURB VALID PLEA BARGAINS UNLESS

A
  1. PLEA WAS INVOLUNTARY
  2. COURT THAT TOOK PLEA LACKED JURISDICTION
  3. D HAD INEFFECTIVE ASSISTANCE OF COUNSEL
  4. PROSECUTOR FAILED TO HONOR PLEA BARGAIN
90
Q

2

PLEA BARGAINS MAY BE ENFORCED AGAINST BOTH PARTIES, BUT THE JUDGE

A

IS NOT REQUIRED TO ACCEPT OR ADHERE TO THE AGREEMENT

91
Q

3

A FAILURE TO ACT CAN CONSTITUTE AN ACTUS REUS WHERE

A
  1. D HAD A LEGAL DUTY TO ACT
  2. D HAD KNOWLEDGE OF THE FACTS GIVING RISE TO THE DUTY
  3. IT WAS REASONABLY POSSIBLE FOR D TO PERFORM THE DUTY
92
Q

4

MPC CULPABILITY STANDARDS

A
  1. PURPOSELY - DONE TO CAUSE A CERTAIN RESULT
  2. KNOWINGLY - KNOWLEDGE THAT CONDUCT WILL NECESSARILY OR VERY LIKELY CAUSE A CERTAIN RESULT
  3. RECKLESSLY - KNOWS OF SUBSTANTIAL AND UNJUSTIFIABLE RISK AND CONSCIOUSLY DISREGARDS IT
  4. NEGLIGENCE - FAILS TO RECOGNIZE SUBSTANTIAL RISK
93
Q

1

FOR TRANSFERRED INTENT

A
  1. DEFENSES AND MITIGATING FACTORS TRANSFER TOO
94
Q

2

DEFENSE OF DWELLING - DEADLY FORCE MAY BE USED WHERE

A
  1. INTRUDER INTENDS TO HARM SOMEONE WITHIN THE DWELLING
  2. INTRUDER INTENDS TO COMMIT A FELONY WITHIN THE DWELLING
95
Q

1

CRIMINAL DEFENSE OF NECESSITY IS NOT AVAILABLE WHERE

A

D CAUSED THE EVENTS GIVING RISE TO THE NECESSITY

96
Q

2

BREAK IN INTERROGATION REQUIREMENTS UNDER MIRANDA

A
  1. RIGHT TO COUNSEL ASSERTION = 14 DAY BREAK IN CUSTODY
  2. RIGHT TO REMAIN SILENT = SIGNIFICANT LAPSE OF TIME, NEW SET OF WARNINGS
97
Q

1

FOR SIXTH AMENDMENT INVOCATION RIGHT TO COUNSEL

A
  1. RIGHT REMAINS REGARDLESS OF WHETHER DEFENDANT IS IN CUSTODY OR NOT
98
Q

1

IF AN OUT OF COURT IDENTIFICATION IS EXCLUDED FOR SUGGESTIVENESS OR UNRELIABILITY

A
  1. A SUBSEQUENT IN COURT IDENTIFICAITON WILL NOT BE ALLOWED IF IT IS TAINTED BY THE UNNECESSARILY SUGGESTIVE LINEUP
  2. BUT NOT IF HE HAS AN INDEPENDENT BASIS, WHOLLY UNRELATED TO THE PRE-TRIAL PROCEDURE, FOR POINTING TO THE DEFENDANT.

CA Bar Outlined and Numbered (with prompts) (43 decks)

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