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2
STATE OF MIND ALSO APPLIES TO
- DESCRIPTIONS OF PAST PHYSICAL OR MENTAL CONDITION
- (CEC REQUIRES THAT IT AT ISSUE IN THE CASE)
CARS ARE GOODS
SO IF YOU MODIFY A CONTRACT FOR A CAR
YOU DON’T NEED CONSIDERATION TO BIND THE MODIFICATION
4
CEC AND ADMISSIBILITY OF ABUSE IN CIVIL CASES
- NO CHILD MOLESTATION
- NO SEXUAL ASSAULT
- YES ELDER ABUSE
- YES DOMESTIC ABUSE
2
BULLS ARE THESE KIND OF ANIMALS
- DOMESTIC ANIMALS
- NEED NEGLIGENCE TO PREVAIL.
1
BILLS OF ATTAINDER
- PUNISH SPECIFIC PERSONS WITHOUT A JUDICIAL TRIAL
4
WHO CAN CONGRESS IMPEACH
- PRESIDENT
- VP
- FEDERAL JUDGES
- FEDERAL OFFICERS
1
SPECIAL SHAREHOLDERS MEETINGS ARE LIMITED TO TOPIC OF
- STATED PURPOSE
1
CONSEQUENCE OF FEDERAL LAW AND STATE LAW REGARDING COMMERCE BEING IN CONFLICT
- FEDERAL LAW INVALIDATES STATE LAW DUE TO SUPREMACY CLAUSE
1
PENDING COUNTERCLAIM AND P’S VOLUNTARY DISMISSAL - P CAN’T DISMISS CASE WITHOUT
- D’S CONSENT
1
FOR SIXTH AMENDMENT INVOCATION RIGHT TO COUNSEL
- RIGHT REMAINS REGARDLESS OF WHETHER DEFENDANT IS IN CUSTODY OR NOT
2
WHERE THE BOD VOTED FOR AN ACTION, EACH D IS PRESUMED TO CONCUR WITH BOD ACTION UNLESS
- D MADE A DISSENT OR ABSENTION IN WRITING
1
DIRECTOR DUTY OF LOYALTY REQUIRES THE DIRECTOR
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- REFRAIN FROM ACTING IN HIS OWN INTEREST AT THE EXPENSE OF THE CORPORATION.
6
UPIA - AND GUIDELINES FOR INVESTMENTS - CALIFORNIA HAS ADOPTED THE
![](https://s3.amazonaws.com/brainscape-prod/system/cm/207/052/920/q_image_thumb.jpg?1487082935)
- UNIFORM PRUDENT INVESTOR ACT
- PROVIDING TRUSTEES GUIDELINES ON HOW TRUST INVESTMENTS SHOULD BE MANAGED
- UNDER UPIA, A TRUST MUST INVEST AND MANAGE TRUST ASSETS
- AS A REASONABLY PRUDENT INVESTOR WOULD.
- THE STRATEGY OF RISK AND RETURN OBJECTIVE
- SHOULD BE REASONABLY SUITED TO THE TRUST.
4
WHEN CAN A STATE LAW REGULATE COMMERCE
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- LOCAL ASPECTS OF COMMERCE
- CONGRESS HAS BEEN SILENT ON THE MATTER
- REGULATION IS NOT DISCRIMINATORY
- DOES NOT UNDULY BURDEN INTERSTATE COMMERCE
FOR PRESENT COVENANTS - THE STATUTE BEGINS TO RUN
WHEN TITLE PASSES
4
COURT’S HAS POWER TO TERMINATE TRUST WHERE THE TRUST IS GOING TO FALL OFF OF A CiLIF
- CHANGED CIRCUMSTANCES
- IMPOSSIBLITY
- ILLEGALITY
- FRUSTRATION OF PURPOSE
2
IF D’S CHATTEL IS ON ANOTHER’S PROPERTY DUE TO D’S OWN FAULT, HE DOES NOT HAVE
THE PRIVILEGE TO ENTER AND RECAPTURE HIS CHATTEL
8
EXPERT WITNESS DISCLOSURE REQUIREMENTS - FEDERAL COURT
QuAC BEEFS
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- QUALIFICATIONS
- AUTHORED PUBLICATIONS IN PAST TEN YEARSC
- COMPENSATION TO BE RECEIVED
- BASIS OF OPINIONS
- EXHIBITS
- EXPERT DESIGNATIONS FOR PAST FOUR YEARS
- FACTS AND DATA CONSIDERED
- STATEMENT OR REPORT OF OPINIONS
1
FOR THE FRE, POLICE RECORDS MAY FALL UNDER THE BUSINESS RECORDS EXCEPTION AND INVESTIGATION RECORDS MAY BE ADMISSIBLE ONLY IN
- CIVIL CASES
WARRANTIES RUNNING WITH THE LAND, RECOVERING THROUGH PRIVITY OF ESTATE, CAN ONLY RECOVER
THE ORIGINAL AMOUNT WARRANTED.
2
PROPERTY INSURANCE - WHERE CP FUNDS WHERE USED TO PAY PREMIUMS FOR SP
- SP GETS INSURANCE PROCEEDS
- CP GETS REIMBURSEMENT OF FUNDS PAID
5
GROUNDS TO SUPPORT INVOLUNTARY DISSOLUTION OF A CORPORATION
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- FRAUD, MISUSE
- CORP ABANDONED FOR OVER A YEAR
- INTERNAL DEADLOCK IN SHAREHOLDERS
- INTERNAL DEADLOCK IN BOARD
- PERIOD CORP WAS FORMED FOR HAS EXPIRED.
1
ADVERSE POSSESSION AND THE GOVERMENT - THE GOVERNMENT CAN
- ACQUIRE TITLE TO PRIVATE LAND BY ADVERSE POSSESSION
2
EASEMENT BY RESERVATION IS CREATED WHERE
- GRANTOR CONVEYS TITLE TO LAND
- RESERVES RIGHT TO CONTINUE USING LAND FOR STATED PURPOSE
1
WHILE AN SELLER MAY DISCLAIM LIABILITY FOR LATENT DEFECTS IN AN OLDER HOME BY SELLING IT “AS IS”, THIS WON’T WORK IF THERE IS
- FRAUD
2
MALICIOUS PROSECUTION VS. ABUSE OF PROCESS
- ABUSE OF PROCESS = DEFENDANT COMMENCED A LEGAL ACTION AGAINST PLAINTIFF FOR AN IMPROPER PURPOSE FOR WHICH THE LEGAL SYSTEM IS NOT DESIGNED
- MALICIOUS PROSECUTION = DEFENDANT BROUGHT CRIMINAL OR CIVIL CASE AGAINST PLAINTIFF WITHOUT PROBABLE CAUSE. PROCEEDING TERMINATED IN PLAINTIFFS FAVOR. MUST BE TERMINATED.
2
WITHDRAWAL AS A DEFENSE UNDER THE MPC REQUIRES
- COMMUNICATION OF WITHDRAWAL TO CO-CONSPIRATORS
- ACTING AFFIRMATIVELY TO STOP THE CRIME
1
TACKING FOR ADVERSE POSSESSION IS NOT SATISFIED WHERE
- ONE ADVERSE CLAIMANT OUSTS THE PRECEEDING CLAIMANT
3
TO HAVE STANDING A PARTY MUST HAVE
- AN INJURY
- CAUSATION
- REDRESSABILITY
3
SCHOOL OFFICIALS - REASONABLE GROUNDS STANDARD FOR SEARCH
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- MODERATE CHANCE OF FINDING EVIDENCE OF WRONGDOING
- PROCEDURE IS REASONABLY RELATED TO SEARCH OBJECTIVES
- NOT EXCESSIVELY INTRUSIVE SEARCH
3
DEVISE OF ASSETS THROUGH INTER VIVOS TRUST IS VALID WHERE
- REFERENCED IN WILL
- INDEPEDENTLY SIGNED
- TRUST WAS VALID BEFORE OR AT TIME OF WILL’S EXECUTION
1
FOR ADVERSE POSSESSION, WHERE A TENANT REMAINS, IT WILL LIKELY NOT BE CONSIDERED ADVERSE BUT TENANT WILL BE CONSIDERED A
- HOLDOVER TENANT
1
ONCE A DEFENDANT HAS ASSERTED HIS RIGHT TO COUNSEL BY INVOKING MIRANDA RIGHTS, THEY WILL LAST UNTIL
- THERE IS A 14 DAY BREAK IN INCARCERATION
1
FOR REGULAR CLASS ACTION, SMJ WILL BE FOUND WHERE THESE PEOPLE ARE DIVERSE FROM DEFENDANTS
- CLASS REPRESENTATIVES
1
FOR A WAIVER OF A RIGHT TO TAKE FROM SPOUSE’S ESTATE TO BE VALID, THE WAIVING SPOUSE MUST HAVE FULL KNOWLEDGE
- OTHER SPOUSE’S FINANCES
3
A REAL COVENANT MAY BE TERMINATED BY
- WRITTEN RELEASE
- MERGER OF BENEFITTED AND BURDENED ESTATES
- CONDEMNATION
1
CORPORATE OFFICERS - APPOINTMENT
- SELECTED AND REMOVED BY DIRECTORS
2
USE OF FORCE TO RECAPTURE CHATTEL
- REASONABLE FORCE ONLY
- NEVER DEADLY FORCE OR SERIOUS HARM
2
DERIVATIVE SUITS - SHAREHOLDERS MUST OWN STOCKS
- WHEN CLAIM AROSE
- THROUGHOUT LITIGATION
2
UNLIKE FEDERAL PRACTICE, IF A CA UNLIMITED DISCOVERY DOES NOT NEED TO BE
- UPDATED.
- OPPOSING PARTY MUST MAKE SUPPLEMENTAL DEMANDS.
1
CEC SECONDARY EVIDENCE RULE WILL INCLUDE
- SKETCH OR REWRITING
1
FOR TRANSFERRED INTENT
- DEFENSES AND MITIGATING FACTORS TRANSFER TOO
3
FEDERAL CLAIM PRECLUSION REQUIRES
- SAME PARTIES
- SAME CLAIM
- FINAL JUDGMENT ON THE MERITS
5
SCOPE OF APPELLATE COURT’S REVIEW
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- ERRORS MUST BE ON THE RECORD OF THE TRIAL COURT PROCEEDING
- FACTUAL FINDINGS REVIEWED ONLY WHERE CLEAR ERROR
- FACTS MAY BE REVIEWED IF BENCH TRIAL
- JUDGE’S OTHER DISCRETIONARY DETERMINATIONS ONLY WHERE CLEAR ABUSE OF DISCRETION
- CONCLUSIONS OF LAW REVIEWED DE NOVO
4
INTERLINEATIONS MUST STILL SATISFY REQUIREMENTS OF
- ATTESTED OR
- HOLOGRAPHIC WILL
- IF NO FORMALITIES MET AND HIGHER DEVISE WAS GIVEN
- DRR WILL APPLY AND B WILL GET OLD DEVISE
1
CRIMINAL DEFENSE OF NECESSITY IS NOT AVAILABLE WHERE
D CAUSED THE EVENTS GIVING RISE TO THE NECESSITY
2
SPECIAL VERDICT FORMS - ORDER OF DECISION
- JURY MAKES FINDINGS OF FACT ON VERDICT FORM
- JUDGE APPLIES FACTUAL FINDINGS TO LAW
2
WHERE LIFE INSURANCE POLICY WAS PURCHASED WITH CP FUNDS AND THERE IS A THIRD PARTY BENEFICIARY
- SS GETS HALF
- THIRD PARTY GETS HALF
2
WHERE ORIGINAL VENUE OF FILING IS IMPROPER, COURT MAY ONLY TRANSFER CASE IN
- THE INTERESTS OF JUSTICE
- OTHERWISE, DISMISS THE CASE
2
PROCEDURAL DUE PROCESS - LIBERTY DEPRIVATIONS INCLUDE
- LOSS OF FREEDOM
- GOVERNMENT RESTRICTION OF FUNDAMENTAL RIGHTS
DORMANT COMMERCE CLAUSE REVIEW STANDARDS
NON-DISCRIMINATORY STATE LAW REVIEW VS. FACIALLY DISCRIMINATORY STATE LAW REVIEW
NON-DISCRIMINATORY STATE LAW VIOLATES DCC IF IT
- BURDENS INTERSTATE COMMERCE
- BURDEN OUTWEIGHS BENEFITS
FACIALY DISCRIMINATORY STATE LAW VIOLATES DCC IF IT
- NOT NECESSARY TO ACHIEVE AN COMPELLING GOVT PURPOSE
- LESS DISCRIMINATORY MEANS ARE AVAILABLE
- STATE ISN’T A MARKET PARTICIPANT
3
RIGHT TO ATTEND CRIMINAL TRIALS
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- PUBLIC HAS RIGHT TO ATTEND
- MAY BE LIMITED BY OVERRIDING INTEREST DETERMINED BY JUDGE
- MUST MEET INTERMEDIATE SCRUTINY
3
PASSING ASSETS IN INTERVIVOS TRUST WITHOUT A WILL
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- INTER VIVOS TRUST MAY PASS TRUST ASSETS TO BENEFICIARIES AT SETTLOR’‘S DEATH WITHOUT A WILL.
- SETTLOR MAY MAKE POUR OVER WILL THAT CATCHES ANY ASSETS NOT IN TRUST AT DEATH
- SO ASSETS WILL GO TO TRUST THROUGH PROBATE.
1
DIRECT TRACING
- REQUIRES PROOF OF INTENT TO PURCHASE AS SP ASSETS
2
FOR NOTICE STATUTES, FOR THE BFP WHO TAKES WITHOUT NOTICE, MAKE SURE SHES IS TAKING WITHOUT NOTICE OF A
PRIOR, UNRECORDED, INTEREST
WHERE A DEFENDANT MISUSES A PRODUCT, AND HARMS HIMSELF, IT IS DEFECTIVE IF
THE MISUSE IS FORESEEABLE
4
CEC PROHIBITS CROSS EXAMINATION OF CIVIL WITNESS USING INSTANCES OF
- PAST BAD ACTS
- TO IMPEACH CHARACTER FOR TRUTHFULNESS.
1
DISMISSAL BASED ON FORUM NON CONVENIENS IS NOT FREQUENTLY GRANTED WHERE
- PLAINTIFF IS A RESIDENT IN THE PRESENT FORUM
1
WHERE THERE IS A BREACH IN THE IMPLIED WARRANTY OF HABITIBAILITY AND THE TENANT DECIDES TO REDUCE OR WITHHOLD RENT, THE TENANT MUST
- PLACE THE RENT IN ESCROW
2
UPIA - STRATEGY FOR TRUST INVESTMENTS
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- THE STRATEGY OF RISK AND RETURN OBJECTIVE
- SHOULD BE REASONABLY SUITED TO THE NEEDS OF THE TRUST
4
FEE SIMPLE DETERMINABLE IS CREATED WITH DURATIONAL WUDS
- WHILE
- UNTIL
- DURING
- SO LONG AS
4
BUSINESS JUDGMENT RULE
![](https://s3.amazonaws.com/brainscape-prod/system/cm/207/052/931/q_image_thumb.jpg?1487082944)
- PRESUMPTION EXISTS DIRECTOR ACTED IN GOOD FAITH
- COURT WILL NOT FIND LIABILITY WHERE DIRECTOR, AFTER REASONABLE INQUIRTY
- ACTED WITH REASONABLE BELIEF ACTIONS WHERE IN THE BEST INTERESTS OF SHAREHOLDERS AND COPRORATION
- AS A REASONABLY PRUDENT PERSON WOULD IN THE SITUATION.
1
TO PLEAD THE FIFTH, THE PRIVILEGE MUST BE ASSERTED AT
- THE FIRST INSTANCE OF QUESTIONING ON THE SUBJECT
2
IMPLIED AFFIRMATION AND MINORS WILL OCCUR WHERE
- MINORS FAIL TO DISAFFIRM THE CONTRACT WITHIN A REASONABLE TIME AFTER REACHING THE AGE OF MAJORITY
- RETAINED BENEFITS OF THE CONTRACT
2
NEGLIGENT INTERFERENCE WITH PROSPECTIVE BUSINESS ADVANTAGE
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- NEGLIGENCE CREATED A LOSS OF
- PBR
1
TRUSTEE LIAIBLITY TO THIRD PERSONS - IF THIRD PERSON KNEW TRUSTEE WAS ACTING IN REPRESENTATIVE CAPACITY, HE MUST BE SUED
- IN REPRESENTATIVE CAPACITY
2
FRE RAPE SHIELD - CIVIL CASES - REPUTATION, OPINION, AND SPECIFIC INSTANCES OF VICTIM’S CONDUCT ARE ADMISSIBLE ONLY WHERE
- PLAINTIFF PUT HER REPUTATION AT ISSUE IN SOME WAY
- PROBATIVE VALUE OUTWEIGHS UNFAIR PREJUDICE
1
GENERAL WELFARE CLAUSE ANSWER WILL INVOLVE
- TAXING AND/OR SPENDING
1
BUYER’S AGENT IS TECHINICALLY A SUBAGENT OF THE
- SELLER’S AGENT
2
SUBSTANTIAL FACTOR VS. BURDEN SHIFTING
- SF = MULTIPLE CAUSES
- BURDEN SHIFTING/II = SEVERAL POSSIBLE CAUSES BUT ONLY ONE CAUSED PLAINTIFF’S INJURY
5
EXPERT STANDARD - HOT QUIZNOS FOR COLD PENGUINS
- HELPFUL TO THE JURY
- QUALIFIED
- SUPPORTED BY PROPER FACTUAL EVIDENCE
- REASONABLE DEGREE OF CERTAINTY
- PEER REVIEWED AND PUBLISHED SCIENCE
2
AN ATTORNEY GENERAL WILL BE PROTECTED BY QUALIFIED IMMUNITY WHERE HIS CONDUCT DID NOT
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- VIOLATE CLEARLY ESTABLISHED STATUATORY OR CONSTITUTIONAL RIGHTS
- OF WHICH A REASONABLE PERSON WOULD HAVE KNOWN
WATCH OUT FOR A QUESTION ABOUT A FLAWED DRUG, IF THE LAWSUIT IS AGAINST A DOCTOR
THE LEARNED INTERMEDIARY RULE WON’T AFFECT HIS LIABILITY.
4
CO-CONSPIRATOR’S STATEMENTS ARE AVAILABLE FOR USE AS AN ADMISSION WHERE
- MADE DURING THE CONSPIRACY
- D WAS A CO-CONSPIRATOR
- MADE IN FURTHERANCE OF THE CONSPIRACY
- A CONSPIRACY ACTUALLY EXISTED
1
WHILE A TENANCY AT WILL CAN BE TERMINATED BY EITHER PARTY, THIS IS USUALLY REQUIRED
- A REASONABLE NOTICE TO VACATE
Civil Procedure - Sanctions during Discovery
This Judge DRIPS hot wax as a sanction for misbehavior.
order default JUDGMENT against defendant
DISMISS action in favor of defendant
force non-disclosing party to RESOLVE the issue causing non-disclosure
IMPOSE attorney fees, costs of suit and fines
PRECLUDE non-disclosing party from introducing related evidence
STRIKE non-disclosing party’s pleadings related to issues of non-discovery
1
ACTUAL EXPRESS AUTHORITY EXISTS WHERE
- A PRINCIPAL DIRECTLY REQUESTED THE AGENT TO ACT ON HIS BEHALF IN A SPECIFIC MATTER.
6
COVENANTS OF TITLE CONTAINED IN A DEED
- SEISIN - GRANTOR IS RIGHTFUL OWNER
- RIGHT TO CONVEY - GRANTOR HAS RIGHT TO CONVEY LAND
- AGAINST ENCUMBRANCES - TITLE IS FREE OF ENCUMBRANCES
- FURTHER ASSURANCES- GRANTOR WILL PERFORM FUTURE ACTS REASONABLY NECESSARY TO PERFECT CONVEYED TITLE
- QUIET ENJOYMENT - GRANTOR WILL NOT BE DISTURBED BY THIRD PARTY’S LAWFUL CLAIM OF TITLE
- WARRANTY - GRANTOR WILL DEFEND AGAINST THIRD PARTY CLAIMS AND COMPENSATE FOR LOSSES INCURRED BY SUCH CLAIMS
1
PRESIDENT CANNOT PARDON SOMEONE FOR
- CONVICTIONS LEADING TO IMPEACHMENT
2
FRE V. CEC FOR X-EXAM OF DEFENDANT’S CHARACTER WITNESSES
- FRE, REPUTATION, OPINION, BAD ACTS
- CEC, ONLY REPUTATOIN AND OPINION
4
Scope of Appellate Court’s Review:
- ERRORS MUST BE ON THE TRIAL RECORD TO BE REVIEWED.
- FACTUAL FINDINGS REVIEWED ONLY WHERE CLEAR ERRORS
- JUDGE’S OTHER DERMMINATIONS REVIEWED FOR ABUSE OF DISCRETION
- CONCLUSIONS OF LAW WILL BE REVIEWED DE NOVO
2
IN DIVERSITY CASES, INTERVENORS MUST ESTABLISH
INDEPENDENT SMJ
SUPPLEMENTAL JX DOES NO COVER DIVERSITY INTERVENTION
3
LEAVE TO AMEND WILL BE GRANTED FREELY WHEN JUSTIC REQUIRES. COURT EVALUATES JUSTICE BY
- DELAY THAT WILL BE CAUSED
- POTENTIAL PREJUDICE TO PARTIES
- FUTILITY OF AMENDMENT
1
FINAL JUDGMENT ON THE MERITS EXISTS EVEN WHERE
- CASE IS BEING APPEALED
2
PRIVILEGE FOR DIVERSITY
In a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision.
FOUR UNITIES FOR ADVERSE POSSESSION
PITT
POSSESSION
INTEREST
TITLE
TIME
RIGHTS OF THIRD PARTY INTENDED GIFT BENEFICIARIES RIGHTS DO NOT VEST JUST BECAUSE
THEY RECEIVE NOTICE OF THE CONTRACT
3
CA COURT’S CRITERIA FOR ANALYZING “COMMON COMMUNITY OF INTEREST” FOR CLASS ACTION REQUIREMENT.
- DO COMMON QUESTIONS OF LAW OR FACT PREDOMINATE?
- IS THE CLASS REPRESENTATIVE ADEQUATE?
- WILL THE CLASS EXISTENCE OFFER SUBSTANTIAL BENEFIT TO THE PARTIES AND THE COURT?
3
INDIVISILBE INJURY DOCTRINE ALLOWS PLAINTIFFS TO
- HOLD MULTIPLE TORTFEASORS JOINTLY AND SEVERALLY LIABLE
- WHERE THEIR NEGLIGENCE COMBINES TO CREATE AN INJURY
- NOT SUSCEPTIBLE TO DIVISION ON ANY RATIONAL BASIS.
1
IF A PROSECUTOR WANTS TO INTRODUCT EVIDENCE UNDER THE IPIKAMOP EXCEPTIONS FOR USE IN A CRIMINAL CASE HE MUST GIVE THE DEFENSE
- NOTICE OF INTENT TO USE THE EVIDENCE
2
SURFACE WATER - COMMON ENEMY THEORY - THE LANDOWNER MAY DO
![](https://s3.amazonaws.com/brainscape-prod/system/cm/207/053/182/q_image_thumb.png?1487083015)
- ANYTHING TO CHANGE DRAINAGE/COMBAT FLOW
- AS LONG AS IT DOESN’T CAUSE UNNECESSARY DAMAGE TO OTHER’S LAND
3
RULE 11 SAFE HARBOR - PARTY WHO FILES OFFENDING DOCUMENT MUST RECEIVE
- MOTION SEEKING SANCTIONS OFFENDING DOCUMENT (SERVED, NOT FILED)
- 21 DAYS TO AMEND
- IF NO CHANGE, MOTION FILED WITH COURT
4
MPC CULPABILITY STANDARDS
![](https://s3.amazonaws.com/brainscape-prod/system/cm/207/053/070/q_image_thumb.jpg?1487450860)
- PURPOSELY - DONE TO CAUSE A CERTAIN RESULT
- KNOWINGLY - KNOWLEDGE THAT CONDUCT WILL NECESSARILY OR VERY LIKELY CAUSE A CERTAIN RESULT
- RECKLESSLY - KNOWS OF SUBSTANTIAL AND UNJUSTIFIABLE RISK AND CONSCIOUSLY DISREGARDS IT
- NEGLIGENCE - FAILS TO RECOGNIZE SUBSTANTIAL RISK
2
FRE VS. CEC, WHERE DEFENDANT OFFERS EVIDENCE ABOUT VICTIM’S BAD CHARACTER,
- FRE - PROSECUTION CAN REBUT THAT DEFENDANT HAS THE SAME BAD TRAIT
- CEC - PROSECUTION CAN REBUT DEFENDANT HAS SAME BAD TRAIT ONLY IF THE TRAIT WAS VIOLENCE
1
A PARTY SUBJECT TO TRO MUST HAVE ACTUAL NOTICE OF THE TRO BEFORE
- THEY CAN BE HELD IN CONTEMPT FOR VIOLATING IT.
4
CEC HEARSAY EXCEPTION - INFLICTION OF THREAT OR PHYSICAL ABUSE
- WRITTEN OR RECORDED BY POLICE OR MEDICAL PROFESSIONALS
- TRUSTWORTHY CIRCUMSTANCES
- DESCRIBES INFLICTION OR THREAT
- RECORD MADE AT OR NEAR TIME OF INJURY OR THREAT
3
WHERE ARE IMPLIED WARRANTIES EXCLUDED
- CONSPICUOUS DISCLAIMER
- “AS IS” OR “WITH ALL FAULTS” IN CIRCUMSTANCES THAT WOULD ALERT THE BUYER
- BUYER HAD OPPORTUNITY TO FULLY INSPECT AND/OR REFUSED AND THE DEFECTS WERE APPARENT UPON INSPECTION
3
TENANCY BY THE ENTIRETY - RIGHT OF PARTITION
- ONE SPOUSE CANNOT CONVEY HER PORTION
- ANY ATTEMPT TO DO SO IS INVALID
- NO DESTRUCTION OF TENANCY
1
CEC UNIQUE HEARSAY EXCEPTION - JUDGMENT IN PRIOR CIVIL CASE
- FINAL JUDGMENT ADMISSIBLE IF P IS TRYING TO GET INDEMNIFCATION OR ENFORCE WARRANTY
- JUDGMENT TO SHOW CURRENT DEFENDANT IS NOT LIABLE
1
CUSTOM OR USAGE IN THE INDUSTRY CAN BE USED TO ESTABLISH A STANDARD OF CARE, BUT FIALURE TO ADHERE DOES NOT AUTOMATICALLY MEAN
- BREACH OF DUTY
1
LACK OF INFORMATION AND BELIEF RESPONSE ON A FEDERAL ANSWER HAS THE EFFECT OF
- A DENIAL
2
QUASI CP IS STILL TREATED LIKE SP
- AFTER MOVING TO CALIFORNIA
- IT IS ONLY TREATED LIKE CP IF THERE IS AN END TO THE MEC
2
WHERE A NEXUS IS FOUND BETWEEN CONDITION ON BUILDING PERMIT AND LEGITIMATE STATE INTEREST, THERE MUST ALSO BE
![](https://s3.amazonaws.com/brainscape-prod/system/cm/207/053/181/q_image_thumb.jpg?1487083014)
- ROUGH PROPORTIONALITY BETWEEN REQUIRED DEDICTATION AND
- IMPACT ON COMMUNITY.
- CITY BEARS BURDEN OF MEETING THIS HIGHER TEST.
2
FORMER TESTIMONY EXCEPTION - FRE - REQUIRES THAT FORMER TESTIMONY FOR CRIMINAL CASE
- DEFENDANT HAD AN OPPORTUNITY TO X-EXAMINE
- SIMILAR TO PRESENT MOTIVE
4
(IMPLIED SERVITUDE) A COMMON DEVELOPMENT SCHEME MAY BE FOUND WHERE
- APPEARANCE OF COMMON DEVELOPMENT SCHEME
- ORAL REPRESENTATIONS TO BUYERS
- STATEMENTS ON WRITTEN ADVERTISEMENTS, BROCHURES
- RECORDED PLAT MAPS OR DECLARATIONS
ADVISORY OPINIONS AND STATE COURTS - STATE COURTS CAN SOMETIMES GIVE
ADVISORY OPINIONS
1
LIFETIME CONTRACTS OR DEALS WON’T FALL UNDER THE STATUTE OF FRAUDS BECAUSE THERE IS A CHANCE
- THE PERSON WILL DIE WITHIN THE YEAR.
3
RESTITUTION FOR PART PERFORMANCE - RESTITUTION WILL ENTITLE A BREACHING PARTY TO RESITUTION OF
![](https://s3.amazonaws.com/brainscape-prod/system/cm/207/052/932/q_image_thumb.jpg?1487082944)
- ANY BENEFIT THAT HE HAS CONFERRED IN THE WAY OF PART PERFORMANCE
- IN EXCESS OF ANY LOSS CAUSED TO NON-BREACHING PARTY BY THE BREACH.,
- VALUE OF THE BENEFIT CANNOT EXCEED CONTRACT PRICE FOR SERVICES
1
SUBJECTIVE STANDARDS
- PLAINTIFF’S KNOWLEDGE AND APPRECIATION OF RISK FOR ASSUMPTION OF RISK
1
IN CRIMINAL CASES, THANKS TO PROP 8, THE PROSECUTION OR DEFENSE MAY BOLSTER WITNESS’ CREDIBILITY BEFORE
- IT IS ATTACKED.
2
DISASSOCIATING PARTNER WILL RETAIN LIAIBLITY FOR ACTS OF PARTNERSHIP UNTIL
- ACTUAL NOTICE OF DISASSOCIATION GIVEN TO CREDITORS OR
- 90 DAYS AFTER FILING NOTICE OF DISASSOCIATION WITH STATE
3
A CA ANSWER MUST CONTAIN
- DENIALS OF MATERIAL ALLEGATIONS IN COMPLAINT THAT ARE CONTROVERTED
- ANY ALLEGATION NOT DENIED IS DEEMED ADMITTED
- STATEMENT OF AFFIRMATIE DEFENSES
1
PRELIMINARY FACTS ARE FACT THAT MAY BE NECESSARY TO
ESTABLISH ADMISSIBLITY OF PROFFERED EVIDENCE
FRE AND CEC - CHARACTER EVIDENCE EXCEPTIONS FOR CIVIL CASES
- FRE - SEXUAL ASSAULT OR CHILD MOLESTATION
- CEC - NONE
2
MODERN RULE - ALLOWED FOR STOCK PURCHASE
- ANY TANGIBLE OR INTANGIBLE BENEFIT,
- PAST, PRESENT OR FUTURE
A LANDLORD IN A STATE WITH A NOTICE STATUTE
WHO DID NOT RECORD TITLE TO HIS PROPERTY
BUT BOUGHT PROPERTY W/OUT NOTICE AS A BFP
CAN STILL COLLECT RENT BECAUSE
HE HAS VALID TITLE
TO VEST THIRD PARTY GIFT BENEFICIARIES RIGHTS, THE THIRD PARTY HAS TO
- ACCCEPT THE CONTRACT AT THE REQUEST OF THE CONTRACT OR
- SUBSTANTIALLY RELY ON THE CONTRACT TO THEIR DETRIMENT
3
EASEMENT IS CREATED BY IMPLICATION WHERE
- PREEXISTING APPARENT AND CONTINUOUS USE OF A SINGLE TRACT
- SINGLE TRACT IS DIVIDED
- EASEMENT REASONABLY NECESSARY TO DOMINANT TRACT’S USE AND ENJOYMENT OF PROPERTY
4
AT EQUITY, THE PLAINTIF MAY USE PROMISSORY ESTOPPEL TO
- RECOVER THE VALUE OF THE PROMISE
- WHERE DEFENDANT MADE AN UNAMBIGOUS PROMISE
- ON WHICH PLAINTIFF REASONABLY AND FORESEEABLY RELIED
- CAUSING PLAINTIFF INJURY.
1
TO DETERMINE IF INTRASTATE COMMERCE HAS A CUMULATIVE, SUSTANTIAL EFFECT ON INTERSTATE COMMERCE
- CONSIDER AGGREGATE EFFECT OF MULTIPLE INSTANCES OF THESE ACTIONS
2
WHEN EVALUATING OPTIONS THAT MAKE A DEFAMATION CASE MORE STRONG, CONSIDER WHETHERE THE PLAINTIFF IS
- A PUBLIC OR
- PRIVATE FIGURE
2
CALIFORNIA COMPLAINT REQUIRES
- FACTS FOR EVERY ELEMENT OF EVERY CLAIM
- DEMAND FOR JUDGMENT
- STATE DAMAGES SOUGHT (UNLESS PERSONAL INJURY OR WRONGFUL DEATH)
2
FAILURE OF A CONTRACT PROMISE LEADS TO
BREACH
A promise or duty is absolute or unconditional when it does not depend on any external events.
3
IMPLEADER - D’S CLAIM AGAINST TPD MUST BE
- DERIVATIVE
- MUST CLAIM THE MONEY IS OWED TO HIM FOR CONTRIBUTION/IDEMNIFICATION
- NOT TO PLAINTIFF DIRECTLY
3
CEC FORMER TESTIMONY DISTINCITIONS
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- UNAVAILABILITY EXTENDS TO PRIOR DEPO WITNESS WHO LIVES OVER 150 MILES AWAY FROM TRIAL COURTHOUSE
- PREDECESSOR IN INTEREST EXTENDED TO SIMILAR OPPORTUNITY AND MOTIVE
- OK WHERE ADMITTED AGAINST PERSON WHO ADMITTED IN IN PRIOR PROCEEDING
1
IF UNMARRIED CO-HABITANTS SUBSEQUENTLY MARRY, THE ASSETS ACQUIRED BEFORE MARRIAGE ARE STILL SUBJECT TO
- CONTRACT LAW
2
POLITICAL FUNCTION CLASSIFICATION OF OCCUPATIONS INTEGRAL TO GOVERNMENT FUNCTION IS ALLOWED AS LONG AS THE CLASSIFICATIONS ARE OF
- SPECIFIC OCCUPATIONS
- NOT CIVIL SERVICE IN GENERAL
2
A TENANCY AT WILL MUST BE CREATED BY
- EXPRESS AGREEMENT
- (IF NO EXPRESS AGREEMENT, THE COURTS WILL TREAT THE LEASE AS AN IMPLIED PERIODIC TENANCY)
1
THE NECESSARY AND PROPER CLAUSE MUST HAVE THIS TO ACCOMPLISH AN ACT
- ANOTHER FREE STANDING SOURCE OF CONGRESSONAL POWER
2
GRATUITOUS ASSIGNMENTS MAY BE REVOKED BY
DEATH OR BANKRUPTCY OF ASSIGNOR
NOTICE OF REVOCATION BY ASSIGNOR
TAKING OF PERFORMANCE BY ASSIGNOR
LATER ASSIGNMENT TO ANOHTER
3
IMPLIED EQUAL PROTECTION CLAUSE FIFTH AMENDMENT - THE SUPREME COURT HAS HELD
- IMPLIED IN THE FIFTH AMENDMENT GUARANTEE THAT THE FEDERAL GOVERNMENT SHALL NOT DEPRIVE PERSONS OF LIFE, LIBERTY OR PROPERTY WITHOUT DUE PROCESS
- IS AN IMPLICIT GUARANTEE
- THAT EACH PERSON SHALL RECEIVE EQUAL PROTECTION OF THE LAW.
2
WATCH OUT FOR ATTORNEY COI CREATED WHERE ATTORNEY
- SERVES ON BOD
- REPRESENTS AN INDIVIDUAL EMPLOYEE IN ACTION AGAINST CORPORATION
4
REMEDIES FOR TRUSTEE BREACH
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- IF A TRUSTEE COMMITS OR THREATENS TO COMMIT A BREACH
- A BENEFICIARY OR COTRUSTEE MAY PETITION THE COURT TO COMPEL, ENJOIN OR REMOVE THE TRUSTEE
- THE COURT MAY ALSO APPOINT A SPECIAL FIDUCIARY TO MANAGE TEH TRUST
- BENEFICIARIES MAY SEEK DAMAGES FROM TRUSTEE FOR BREACH AT EQUITY OR LAW.
3
CREATION OF TYPES OF EXPRESS TRUST - THE TYPE OF EXPRESS TRUST CREATED IS CLASSIFIED BY
- THE PURPOSE OF TRUST
- THE TYPE OF BENEFICIARY
- OR THE TIME WHICH THE TRUST TAKES EFFECT
WHERE A SELLER SEEKS SPECIFIC PERFORMANCE OF PAYMENT ON A LAND SALE CONTRACT WHERE THE HOUSE BURNED TO THE GROUND BETWEEN THE CONTRACT SIGNING AND CLOSING, IT WILL BE ORDERED BECAUSE OF
EQUITABLE CONVERSION
1
WHERE BUYER INTENDS TO SUE FOR BREACH, AND NOTIFIES SELLER OF INTENT TO SUE FOR BREACH BEFORE CLOSING, THE CONTRACT WILL NOT
- MERGE INTO THE DEED
FOR TORTIOUS FALSE IMPRISONMENT, WHERE THE PLAINTIFF EVENTUALLY DISCOVERS A WAY OUT THROUGH SEARCHING, THE DEFENDANTS ARE STILL LIABLE FOR FALSE IMPRISONMENT BECAUSE
THERE WERE NO REASONABLY APPARENT MEANS OF ESCAPE
2
FRCP RULE 19 EVALUATES
A. WHETHER JOINDER OF MISSING PARTIES IS NECESSARY
B. WHETHER THE MISSING PARTIES ARE INDISPENSIBLE, AND THE CASE SHOULD BE DISMISSED AS A RESULT.
4
INTENTIONAL INTERENCE WITH CONTRACTUAL RELATIONS
DEFENDANT MESSES WITH PLAINTIFF’S CONTRACTUAL REALTIONSHIP FOR CICS
- CONTRACTUAL RELATIONSHIP
- INTENTIONAL INTERFERENCE WITH PERFORMANCE
- CAUSATION
- SPECIAL DAMAGES
1
GRANTING AN INTEREST IN REAL PROPERTY THAT TERMINATES IN FIVE YEARS, AND SHIFTS THE OWNERSHIP TO A THIRD PARTY IS A
- FEE SUBJECT TO EXECUTORY INTEREST
3
BOARD OF DIRECTORS MAY ELECT TO DISSOLVE THE CORPORATION WHERE
- CORPORATION HAS NOT YET ISSUED SHARES
- CORPORATION HAS DISPOSED OF ITS ASSETS AND HASN’T DONE BUSINESS FOR THE PAST FIVE YEARS
- CORPORATION IS ADJUDICATED BANKRUPT.
2
IN ORDER TO JUSTIFY A CONDITION ON A BUILDING PERMIT, THERE MUST BE A
- NEXUS BETWEEN LEGITIMATE STATE INTEREST AND CONDITION IMPOSED.
2
BALANCING TEST FOR PROCEDURAL DUE PROCESS
NATURE OF DEPRIVED INTEREST
EXISTING PROCEDURAL SAFEGUARDS
BURDEN CREATED ON GOVERNMENT BY CREATING PROCEDURE
2
FOR FALSE IMPRISONMENT, DURATION
- IS NOT IMPORTANT
- BRIEF CONFINEMENT WILL SUFFICE.
2
LANDLORDS AND NO SELF HELP - LANDLORD MAY NOT
- FOREFULLY REMOVE TENANT’S PROPERTY
- CHANGE LOCKS
1
WHERE A SPOUSE DIES AND HAS QCP OR OUT OF STATE CP, THE COURT WILL USE
- THE PROBATE LAW OF THE STATE IN WHICH THE REALTY IS LOCATED
3
WHERE CONSIDERATION IS ACCEPTED FOR THE DELEGATION OF DUTIES
- A NEW CONTRACT IS FORMED
- PROMISEE IS INTENDED THIRD PARTY BENEFICIARY
- WITH FULL ENFORCEMENT RIGHTS
2
COMMON LAW - NOT ALLOWED FOR STOCK PURCHASE
FUTURE SERVICES
UNSECURED DEBT
2
CEC - JUDICIAL NOTICE - JUDGE MUST TAKE NOTICE OF
- MATTERS GENERALLY KNOWN WITHIN THE JURSIDICTION,
- WHETHER NOTICE REQUESTED OR NOT
1
A APPERTUNANT EASEMENT MAY BE SOLD INDEPENDENT OF THE LAND ONLY WHERE
- THE OWNER OF THE SERVIENT ESTATE PURCHASES IT
4
TENANTS REMEDIES FOR LANDLORD’S BREACH OF IMPLIED WARRANTY OF HABITABILITY
- MOVE (VACATE AND TERMINATE LEASE)
- REPAIR (DEDUCT EXPENSES FROM FUTURE RENT)
- REDUCE OR WITHHOLD RENT
- REMAIN (AND SEEK MONEY DAMAGES)
3
CLEAR AND CONVINCING EVIDENCE STANDARD - TRIER OF FACT MUST FIND
- A HIGH PROBABILITY OF THE FACT’S EXISTENCE
- LEVAING NO SUBSTANTIAL DOUBT
- AS TO THE FACT DEMONSTRATED BY THE EVIDENCE.
2
CEC AND USE OF SPECIFIC INSTANCES OF CONDUCT TO PROVE CHARACTER
- CEC PERMITS ONLY REPUTATION AND OPINION
- BUT PROP 8 ALLOWS USE OF SPECIFIC ACTS TOO.
2
PRO RATA RULE - COMMUNITY GETS
- PERCENTAGE OF ASSETS WORTH
- EQUAL TO PERCENTAGE OF PRINCIPAL PAID
2
IF AN EQUITY LIEN IS INSUFFICIENT, THE COURT MAY ENTER A
- DEFICIENCY JUDGMENT
- ENFORCING DIFFERENCE AGAINST D’S OTHER PROPERTY
2
IMPEACHING WITH NON-CONVICTION PAST BAD ACTS IN A CIVIL CASE FRE V. CEC
- FRE - OK IF IT INVOLVED DISHONESTY
- CEC - NO
1
SUBSTANTIAL PERFORMANCE IS USUALLY CONSIDERED AT LEAST
- HALFWAY PERFORMED
2
VOTING AGREEMENT HAS
NO FILING REQUIREMENT
NO TIME LIMIT
1
WHERE A LAW MAKES PERFORMANCE AGAINST THE LAW, THE EXCUSE OF IMPOSSIBILITY WILL DEPEND ON
- SUPERVENING ILLEGALITY
1
PRIVILEGE DEFENSE TO INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONS
- D’S CONDUCT WAS A PROPER ATTEMPT TO OBTAIN BUSINESS OR PROTECT HIS INTERESTS
3
RAPE SHIELD LAWS - - CEC - IMPEACHMENT
- MOTION ACCOMPANIED BY OFFER OF PROOF
- IN CAMERA HEARING
- JUDGE RULES ON WHAT IS ADMISSIBLE
3
DESPITE THEIR FEDERAL SOURCE, THESE THINGS ARE CP
- MILITARY RETIREMENT
- CIVIL/FOREIGN SERVICE PENSION
- COPYRIGHTS
5
CALIFORNIA - WRITS SEEKING EXTRAORDINARY RELIEF IS A
- PETITION TO THE APPEALS COURT
- SOUGHT AT STATUE OR USING EQUITY
- SEEKING EXTRAORDINARY RELIEF
- WHERE PARTY HAS NO OTHER PLAIN, SPEEDY, OR ADEQUATE REMEDY IN THE ORDINARY COURSE OF LAW
- AND WILL SUFFER IRRPERABLE INJURY IF RELIEF NOT GRANTED.
2
PALSGRAFF - CARDOZO V. ANDREWS DIFFERENCES ON DUTY
- UNDER PALSGRAFF, CARDOZO ARGUED THAT A DUTY IS ONLY OWED TO THOSE IN THE ZONE OF DANGER, WHERE THE DEFENDANT’S ACTS CREATED A FORESEEABLE RISK OF HARM.
- ANDREWS ARGUED THAT IF A DUTY WAS OWED TO ANYONE, THE DEFENDANT SHOULD BE LIABLE TO ALL THAT WERE ACTUALLY AND PROXIMATELY CAUSED BY THE BREACH OF THAT DUTY.
1
RETROACTIVE LEGISLATION REGARDING CIVIL LIABILITY MUST ONLY MEET
RATIONAL BASIS REVIEW
1
FRAUD IN THE REVOCATION MAY BE CAUSED BY
- MISREPRESENTATION LEADS TESTATOR TO NOT REVOKE A WILL
4
A SPOUSE CAN SUE AN EX-SPOUSE FOR ACTIONS INVOLVING CP ASSET LOSS WHEN THEY WERE
DARN
GREEDY
ROTTEN
- DELIBERATE
- GROSSLY NEGLIGENT
- RECKLESS DISAPPATION
- WITHIN THREE YEARS
3
SCOPE OF DISCOVERY - FEDERAL DISCOVERY WILL INCLUDE
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- ANY MATTER RELEVANT TO THE CLAIM OR DEFENSE OF ANY PARTY
- NOT UNREASONABLY BURDENSOME OR CUMULATIVE
- OR PRIVILEGED.
1
CONTRIBUTORY NEGLIGENCE IS AVAILABLE AS A DEFENSE IF MISREPRESENTATION WAS
- NEGLIGENT
2
IMPOSSIBLE VS. IMPRACTICABLE
- PERFORMANCES IS OBJECTIVELY IMPOSSIBLE VS.
- PERFORRMANCE IS ONLY POSSIBLE WITH UNREASONABLE DIFFICULTY OR EXPENSE
2
SUBSTANTIAL PERFORMANCE IS PERFORMANCE OF
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- THE PRIMARY, NECESSARY TERMS OF THE CONTRACT
- FULFILLING THE ESSENTIAL PURPOSE OF THE CONTRACT
FOR RULE 11, PRESENTING A DOCUMENT TO THE COURT INCLUDES NOT JUST SIGNING OR FILING THE DOCUMENT BUT
ADVOCATING IT BEFORE THE COURT
4
OFFENSIVE NON-MUTUAL COLLATERAL ESTOPPEL IS ALLOWED WHERE
- ISSUE WAS ACTUALLY AND NECESSARILY LITIGATED
- ISSUE WAS ESSENTIAL TO JUDGMENT
- FINAL JUDGMENT ON THE MERITS
- PARTY WHOM AGAINST PRECLUSION SOUGHT HAD FULL AND FAIR OPPORTUNITY TO LITIGATE THE ISSUE IN THE PREVIOUS LAWSUIT WITH THE SAME INCENTIVE TO LITIGATE.
1
NOTICE STATUTE
- LAST BFP WITHOUT NOTICE WINS
On the MBE, a notice statute will look as follows: “No conveyance or mortgage of an interest in land is valid against any subsequent purchaser for value without notice thereof, unless it is recorded.”
2
ACCORD AND SATISFACTION - WHERE THE ACCORD IS NOT SATISFIED, THE PROMISEE MAY SUE ON
- THE ORIGINAL OBLIGATION
- OR THE ACCORD
1
TO REACH A TENANCY BY THE ENTIRETY, THE CREDITORS MUST BE
CREDITORS OF THE COUPLE
2
STATUTE OF FRAUDS - WHERE A CONTRACT IS BETWEEN MERCHANTS, AND A RECEIVING MERCHANT FAILED TO OBJECT TO A CONFIRMATION MEMO WITH A TRANSCRIPTION ERROR REGARDING THE QUANTITY OF GOODS WITHIN 10 DAYS
- THE MISTAKE IS BINDING.
- (CONSIDER EQUITY DEFENSES.)
1
WHERE A CONTRACT WAS MADE CONCERNING A LEGAL SUBJECT MATTER BUT IT WAS MADE FOR AN ILLEGAL PURPOSE - THE CONTRACT IS ONLY ENFORCEABLE BY
- THE PARTY WHO DIDN’T KNOW ABOUT THE ILLEGAL PURPOSE
2
STATE OFFICIALS MAY BE SUED FOR DAMAGES IN THEIR INDIVIDUAL CAPACITY FOR FEDERAL CONSTITUTIONAL OR STATATUATORY RIGHT VIOLATIONS WHERE THEY WERE
- COMMITTED IN THE COURSE THEIR OFFICIAL DUTIES
- BUT THEY ARE ENTITLED TO CLAIM QUALIFIED IMMUNITY.
WITHDRAWAL FOR CONSPIRACY UNDER THE COMMON LAW IS NOT A VALID DEFENSE BECAUSE
THE CRIME IS COMPLETE UPON AGREEING WITH PARTIES TO WORK TOWARD A CRIMINAL OBJECTIVE.
1
TRESSPASS TO LAND - LIABILITY ARISES WHERE DEFENDANT
- INTENTIONALLY CAUSES ENTRY ONTO, UNDER, OR ABOVE PLAINTIFF’S LAND WITHOUT AUTHORIZATION
4
RULE 11 - ATTORNEY WHO FILES A PLEADING IN FEDERAL COURT WARRANTS THE PLEADING
- HAS NOT BEEN FILED FOR AN IMPROPER PURPOSE
- SUPPORTED BY EXISTING LAW, SEEKS TO NONFRIVILOUSLY MODIFY LAW, OR MAKE NEW LAW
- CONTENTIONS ARE BASED ON EVIDENTIARY SUPPORT OR WILL LIKELY HAVE EVIDENTIARY SUPPORT AFTER FURTHER DISCOVERY
- DENIALS ARE WARRANTED BY EVIDENCE OR REASONABLY BASED ON LACK OF BELIEF OR INFORMATION.
3
METHODS OF SUPREME COURT REVIEW
- DISCRETIONARY REVIEW (WRITS OF CERTIORARI)
- MANDATORY REVIEW (THREE JUDGE DISTRICT COURT PANELS RE INJUNCTIVE RELIEF)
- ORIGINAL AND EXCLUSIVE JURSIDSICTION (STATE V. STATE)
3
SUPREMACY CLAUSE IS TRIGGERED BY A STATE LAW WHERE
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- MUTUAL EXCLUSIVITY (STATE AND FEDERAL LAW IN CONFLICT)
- STATE LAW IMPEDES FEDERAL OBJECTIVE
- CONGRESS EXPRESSED CLEAR INTENT TO LEGISLATE EXCLUSIVELY ON AREA
2
CA PRIVITY AND PRECLUSION - PRIVITY WORKS FOR
- CLAIM PRECLUSION
- ISSUE PRECLUSION
2
SUMMARY JUDGMENT IS ENTERED WHERE
- MOVING PARTY ESTABLISHES NO GENUINE ISSUE OF MATERIAL FACT
- COURT MUST ENTER JUDGMENT AS A MATTER OF LAW.
2
IF AN INJUNCTION IS ERRONEOUS, IT STILL MUST BE OBEYED UNTIL
- COURT MODIFIES
- OR DISSOLVES
3
CONGRESS CAN INDUCE STATE REGULATORY ACTION WHERE THE INDUCEMENT
- IS UNABMIGOUSLY STATED
- RELATES TO THE PURPOSE OF THE LAW
- IS NOT UNDULY COERCIVE
2
TITLE TO LANDS UNDER A NON-NAVIGABLE BODY OF WATER BELONG TO
- THE ABUTTING LANDOWNER
- (FROM HIS LAND TO THE CENTER OF THE LAKE)
2
TO PROVE A DISCRIMINATORY MOTIVE IS BEHIND A LAW, YOU HAVE TO PROVE
- NOT JUST DISCRIMINATORY IMPACT but
- DISCRIMINATORY MOTIVE PROVED THROUGH ACTUAL EVIDENCE
5
TRUSTEE’S DUTY OF CARE - TRUSTEE TRUST MUST ADMINISTER THE TRUST WITH THE
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- REASONABLE CARE
- SKILL AND
- CAUTION
- REQUIRED UNDER THE CIRCUMSTANCES
- TO THE FULL EXTENT OF HIS ABILITIES
1
COMMERCIAL LEASE - IF A HOLDOVER TENANT IS A COMMERCIAL TENANT, HE CAN IMPOSE A YEAR TO YEAR PERIODIC TENANCY WHERE THE ORIGINAL LEASE WAS
- OVER A YEAR LONG
1
A STATE TAX CAN ONLY TAX THE PORTION OF THE BUSINESS THAT IS
- ACTUALLY CONNECTED TO THE STATE
2
WHERE PAST ACTS ARE ADMISSIBLE TO PROVE MODUS OPERANDI, THE ACTS MUST BE
- HIGHLY SPECIFIC
- PERSONALIZED
2
A HOLDER IN DUE COURSE MUST TAKE THE NOTE IN GOOD FAITH AND PAY
- VALUE OF PROPERTY
2
CEC AND LAY WITNESS TESTIMONY
- HAS NO SPECIALIZED KNOWLEDGE REQUIREMENT
- RELIES ON JUDGES GOOD SENSE
3
CALIFORNIA STANDARD FOR EXPERT PRESENTING SCIENTIFIC EVIDENCE, AKA THE KELLY RULE
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- TECHNIQUE HAS GAINED GENERAL ACCEPTANCE IN ITS FIELD
- WITNESS FURNISHING THE TESTIMONY IS QUALIFEID TO GIVE EVIDENCE ON THE MATTER
- CORRECT SCIENTIFIC PROCEDURES USED.