FINAL REVIEW 181-200

Question 1

Rights of Opposing Council - REVIEW THIS

Answer 1

Refreshing Recollection (Proponent) - FRE 612

• Inspect Document
• Cross-Examine Document
• Use relevant portions to impeach

Past Recollection Recorded (Opponent) - FRE 803

• Inspect Document
• Cross-Examine Document
• Introduce relevant portions for their substance

Question 2

Discovery Devices

Answer 2

Interrogatories - Written questions that must be answered under oath

Request for Production of Documents

Depositions - Oral mini trial in front of witness

Examinations

Question 3

Duty to Control 3rd Party

Answer 3

Generally no duty to control a 3rd party unless:

• Defendant had control or authority over them AND
• Had ability to prevent the injury

Examples:
Parent - Child
Employer - Employee
Doctor - Patient
Teacher - Student

Therapist has duty of reasonable care to protect the intended victim of a dangerous mental patient.

Question 4

Public Speaking Forums

Answer 4

Public Forum - streets, sidewalks, parks

Limited Public Forum - schools, courthouse, fairgrounds, civil debate

Non Public Forum - Most other public places (Military bases, city bus, government office, airport)

Question 5

Content Neutral - Regulation of Time, place, and manner

Answer 5

Non Public Forum - Regulation must:

1. Viewpoint neutral And
2. Reasonably related to a legitimate government purpose.

Question 6

Free Exercise Clause

Answer 6

A neutral, generally applicable law (not intended to burden religious freedom) which produces an incidental burden on conduct in furtherance of religious beliefs will routinely be upheld using the rational basis test.

Question 7

Purchase Money Mortgages

Answer 7

A PMM takes priority over earlier recorded mortgages, and even recording statues, as long as it is properly recorded.

Question 8

Mortgage Modification

Answer 8

When a senior mortgage is modified, the senior mortgage prevails, unless the modification materially prejudices the junior mortgage.

Question 9

Habit Evidence

Answer 9

Evidence of the habit of a person or organization, whether corroborated or no witnesses, is admissible to prove conduct in conformity with the habit

Question 10

Alternative Liability Theory

Answer 10

When a plaintiff’s injury arises from the negligent conduct of two or more independently acting defendants, only one of whom can actually be responsible, and the plaintiff is unable to establish which defendant is in fact responsible, each and every defendant’s conduct is regard as a cause-in-fact injury unless a defendant can prove that he did not cause the plaintiff’s injury.

Question 11

Right to Jury Trial - 6th Amendment

Answer 11

Applies to States:
1. Arises for serious offenses (more than 6 months)

Guilty Plea:
Must be voluntary and intelligent
Defendant must understand the constitutional rights being waived by the plea (jury trial)

Question 12

When are judgement not appealable?

Answer 12

When an order disposes of fewer than all the claims against all parties, since this is not final judgement.

Unless they explicitly state otherwise.

Question 13

Corporations, aliens and Privileges and Immunities

Answer 13

Does not apply.

Question 14

Mortgage Issues

Answer 14

Purchase money mortgages

Absolute deeds as security

Theories: Title and Lien

Righta and duties prior to foreclosure

Right to redeem and clogging equity of redemption

Transfers by mortgagor

Distinguishing subject to an assuming

Rights and obligations of Transferor

Application of abrogation

Due on sale clauses

Question 15

Bill of Attainder

Answer 15

An act of a legislature declaring a person or group of person guilty of some crime or punishing them without the privilege of a judicial trial