FINAL REVIEW 40-60 Flashcards
Construction breach damages
Builder’s measure of damages is the amount of expected profit plus costs expended at time of breach
Amended and Supplemental Pleadings
FRE 15 allows a party to make amendments before, during and after trial. If at trial a party objects that evidence is not within issues being raised in pleadings, court may permit pleading to be amended.
Additionally, the court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to show evidence it would prejudice the party’s action or defense on the merits.
In fairness, the court may grant a continuance to enable the objecting party to meet the evidence.
Murder Limitations
The statutory period for murder begins whenever the person dies. The rules relegating this to a year and a day is a minority rule
6th Amendment Right to Counsel
Prevents deliberate elicitation of incriminating statements once formal charges have been filed (critical stages)
Requires actual waiver
TIP - Right to Counsel is prophylactic
TIP - Right to Counsel is specific.
Con Law Framework
Who is passing law
What is purpose of law
Who is affected by the law
Apply appropriate standard
For rational basis burden is on plaintiff
Scope of Conspiracy
A co-conspirator is guilty of all crimes committed in furtherance of the conspiracy (Pinkerton crimes)
Withdrawal from conspiracy may occur where a conspirator:
Notifies all other members of the conspiracy, and such notice is timely such that other members have the opportunity to abort their plans
Demand for Adequate Assurances
When the obligor (contractor) expresses doubt, the oblige (owner) may demand adequate assurances of due performance. If assurances are not forthcoming within a reasonable time, then an only then, may the situation be treated as a repudiation.
TIP - Think AA (adequate assurance) before AR (anticipatory repudiation)
