FINAL REVIEW 122-141 Flashcards
Fundamental Right to Vote Restrictions
Traditional on person one vote principle does not apply to special, limited-purpose voting districts, such as a water storage district.
Voting can be limited to landowners, ie those with a direct interest in the outcome of the vote.
TIP - Watch for mandatory or minimum age restrictions
TIP - Non Fundamental issues which use rational basis include:
- Age
- Residency
- Citizenship
Negligent infliction of emotional distress and Dead bodies
When dealing with the mishandling of corpses, damages is presumed paving the way for a successful negligence claim
Foreseeability Rule - The defendant must have been able to reasonably foresee that his or her actions would have caused the emotional distress (followed by most states).
Zone of Danger Rule - The plaintiff was in a specific “zone of danger” and at risk of physical harm, causing fear.
Impact Rule - Defendant’s negligent act had at least a minor impact on the plaintiff, causing injury (very few states follow this)
Judicial Notice
201 - A court must take JN if requested by a party and supplied with sufficient information.
201 - Jury
- Civil jury must accept JN fact
- Criminal may accept JN fact
Title Theory v. Lien Theory
Title Theory: Title passes to the mortgagee for the life of the mortgage; joint tenancy is severed.
Lien Theory (majority): Mortgagee has only a lien on the property; joint tenancy is not severed
TIP - Lien theory is default if silent
Erie Doctrine - Balancing Test
When federal case law conflicts with a state statute, the federal court sitting in diversity applies balancing.
Test:
Is the state law integral to the substantive rights and obligations at issue.
Yes - Follow state statute
No - Follow federal case law
Defamation
Defamation - Defendant published defamatory material about P causing reputational damage. Privilege from liability applies if communication was reasonably necessary to protect or advance D’s own legitimate interests.
Defamatory - Statement of fact, not opinion
Publication - To any 3rd party who reasonably understands
Damages - General damages are presumed. Special damages are not required for libel & slander per se
Fault and Falsity:
Public Figure/Official - Malice
Private Person:
- Public Matter - Negligence
- Private Concern - Publication only
General damages are presumed. Special damages need to be shown except for libel and negligence per se.
Forum Non Conveniens
Court may refuse to take jurisdiction where there is a more appropriate forum available to the parties.
Retreat Statute
Before you use deadly force you retreat if you reasonably can.
Tolling with adverse possession
Disability that causes tolling must exist when the adverse period begins, it cant come into effect partway.
Mutual Mistake v. Unilateral Mistake
MM - Both parties are mistaken as to a material element that goes to the heart or essence of the bargain. REMEDY - Rescission of K
UM - Contract enforceable against mistaken party unless non-mistaken party knew or should have known of the other’s mistake.
Completeness Doctrine - 106
Where one party introduces part of a writing, the adverse party may introduce any other (part of the) writing, which, in fairness, ought to be considered.
TIP - Not a hearsay exception
Presidential Powers
- Commander in Chief - Wartime
- Appointment Power
- Emergency Power
- Pardon power
- Executive Orders which are binding on federal agencies
TIP - Look where power is coming from
Emergency Hearing
Preliminary Injunction - Post hearing order entered prior to final determination on merits to restrain a party from going ahead with a course of action until the case has been decided
Temporary Restraining Order - If a party demonstrates that immediate irreparable harm will occur unless the order is issued, a TRO can be issued immediately without informing the other parties and without a hearing.
