FINAL REVIEW 61-80

Question 1

How long can a life estate owner lease out a property?

Answer 1

Until the end of the his life.

Question 2

Spousal Testimony v. Marital Communication Privileges

Answer 2

ST - Protects verbal communications before and after marriage

2. Dies at divorce
3. Criminal cases only
4. Witness Spouse

MP - Protects communications during marriage

2. Survives Divorce
3. Criminal and Civil
4. Both Spouses hold

Question 3

Prior Consistent Statement - FRE 801

Answer 3

Offered substantively on redirect to rebut a charge of recent fabrication or improper influence

Declarant must testify at trial AND
Be subject to cross-examination AND
Witness’s prior statement must be made BEFORE the charged fabrication arose - MAJORITY

Question 4

Death Penalty

Answer 4

Imposition of the death penalty on offenders under the age of 18 constitutes cruel and unusual punishment in violation of 8th amendment

Cant impose death penalty if crime occurred before 18.

Question 5

Negligence Per Se

Answer 5

Breach of statutory duty of care creates rebuttable presumption of negligence

1, P must be a member of the class the statute was designed to represent
2. P harm must be of the type the statute was designed to prevent.

Question 6

Nuisance

Answer 6

Substantial an unreasonable interference with one’s use and enjoyment of property.

Must be the actual owner not a lessee

Question 7

Standard for Appealing Expert Testimony

Answer 7

Did trial court abuse discretion?

Question 8

Land Sale Contract Requirements

Answer 8

1. Identity of Parties
2. Identity of Subject Matter
3. Consideration
4. Signature of Seller

PSSC

Risk of loss defaults to buyer unless UVPRA

Question 9

Common law Burglary difference

Answer 9

Requires breaking into the property of another.

Question 10

Advisory Opinion

Answer 10

A federal statute cannot grant a federal court ability to give advisory opinions

Question 11

Justiciability (reasons federal court may not be able to hear a case)

R
A
M
P
S

Answer 11

Ripeness
Advisory Opinions
Mootness
Political Questions
Standing

Question 12

Depositions

Answer 12

Mini examination of witness

Objections can be made to any question that would be objectionable at trial or for discovery purposes

Counsel can instruct a witness to refuse to answer a question ONLY if:

• the answer would be privileged;
• if there is an order limiting the scope of the deposition

Question 13

Bad Act Impeachment

Answer 13

A question on cross-examination inquiring into prior unconvicted acts that comment on truthfulness. Used for impeachment.

Question 14

Lateral and Subjacent Support

Answer 14

A landowner may be strictly liable if his excavation causes adjacent land to subside.

If the adjacent land is improved, strict liability applies only if the land would have collapsed in its natural state.

Question 15

Failure to Perform contractual obligation by time specified in the contract

Answer 15

Generally not so material that the contract can be terminated, but party can recover damages.

As long as late party tenders performance within reasonable time the breach is cured

Must be additional language to make time a material part of k, must be “of the essence”

Question 16

Valid Boundary Agreement

Answer 16

Requirements:

1. Parties unaware of true boundary
2. Express or implied agreement as to the location
3. Possession that conforms to the agreement

Remedy:
Possession awarded as to the agreed upon spot.