FINAL REVIEW 81-100

Question 1

Prepayment Penalty Clause

Answer 1

Is an enforceable provision that requires the payment of a penalty if the mortgage principal is paid before due date. Based on principle that bank loses on interest.

Question 2

Statement Against Interest Hearsay Exception

Answer 2

1. Unavailable witness
2. Statement against pecuniary interest
3. Statement exposes to liability

Question 3

Tax Payer Standing

Answer 3

Taxpayer will have standing when they allege:

1. Spending by congress that violates establishment clause

Question 4

Personal liability of Defaulting Mortgagee

Answer 4

Bank can seek foreclosure of the property and a deficiency judgement for the remainder on those who are personally liable

Question 5

Lay Witness

Answer 5

Can testify as to things the witness has had the opportunity to observe and give his opinion on.

Question 6

Miranda Waiver

Answer 6

Invocation of Miranda waiver must be personal and cannot be made by anyone else.

Question 7

Claims requiring Particularity

Answer 7

1. Capacity or authority to see
2. Fraud, mistake, or condition of the mind
3. Conditions precedent, but only when denying that the condition has occurred
4. Time and place, when testing the sufficiency of a pleading.
5. Special damages.

Question 8

Search incident to Arrest

Answer 8

Search if car only permissible where the defendant is arrested in the vehicle or their is risk of officer safety.

Question 9

Governmental Imposition of Message

Answer 9

State cant require citizens to convey a message

Question 10

Establishment Clause

Answer 10

Lemon Test - In order to not violate EC:

1. Primary purpose is secular (non religious)
2. Primary effect may not inhibit nor advance religion
3. Be no excessive government entanglement with religion.

TIP - Generally, religious activities at school violate establishment clause

Question 11

Erie Doctrine

Answer 11

Federal courts hearing state causes of action are to apply substantive law when there is no controlling federal statute

Federal courts use their own procedural law, even in diversity cases.

Question 12

General Denial of Allegations

Answer 12

Party can only use general denial if they intend to deny all of the allegations in the complaint, including judicial allegations.

Question 13

Terry Frisk limitation

Answer 13

Uncorroborated anonymous tip cannot be used to justify search of a suspect for weapons. Must be some corroboration.