!!!MBE WRONG Flashcards
Crim
Should court suppress?
- police and dog who knock door then smell marijuana
Yes unreasonable search. If dog comes with police to house
Property:
if there is recording statute AND subordination which prevails?
Subordination. If bank executes subordination with creditor. CREDITOR TAKES, EVEN THOUGH THERE IS RACE RECORDING STATUTE
Purchase money
Recording act statute
Subordination agreement
If Bank subordinates it’s agreement priority is for creditor
Crim Pro
Friend in car, standing?
No!
Con
Government displays plaque
City members want theirs displayed too! Who wins
Government/city
Government is speeking so it can convey
Crim
-theif is raided in another persons store, does he have standing
No way deny motion
Evidence
- witness says “red shirt fight”
- d witness says “yellow”
Impeachment
Not collateral
Civ Pro: can you aggregate money claims?
ALWAYZ YOU CAN AGGREGATE CLAIMS to make up money value, dont be fooled and pick no jdx over 5 k
Contracts: A woman owes a creditor 10k, the SOL HAS RUN OUT, does she have to pay?
a. yes bc in writing
b. prexisting duty
B. IN WRITING, SOL!!!!
A past obligation, such as payment of a debt, must be either in wiring OR show part performance to overcome the SOL defense.
Property: T at sufferance, chilling on property… landlord hasnt evicted her yet + neighbor slow blows onto property. Who can sue neighbor?
Tenant! even though she is at sufferance, need only ACTUAL or CONSTRUCTIVE possession of property.
T was still on property.
Tresspass requires p to show that d
(i) physically invaded ps property
(ii) intent to bring about the invasion
(iii) causation
Evidence: Marital priviledge
- divorce proceeding, wife is about to testify about what said to hubby during marriage, he says PRIVILEDGE
NO SPOUSAL PRIVILEDGE DOES NOT APPLY BETWEEN SPOUSES”
Civ Pro:
Buyer spends 1 mill obtaining ESI of D, its on harddrive. When must she disclose
as part of initial disclosures UNLESS undue burden or cost. Here, buyer already obtained copies… cant argue that
Property: are total restraints on alienation enforceable!?
- what if parties agree upon it?
NO NONONGONONONONONONOONONONO
UNENFORCEABLE EVEN IF AGREED
Property:
- aunt drafts will to deed property to charity
- nephew is an asshole and writes “full consideration on deed” makes aunt sign it.
- charity brings suit to enjoin constructive trust, will it prevail?
NO BC HE IS BFP!
RULE: A deed is voidable if it was "My BF DUM".... 1. Minor (under 18) executed it or obtained through 2. Breach of fiduciary duty 3. Fraud 4. Durress 5. Undue Influence 6. Mistake Undue influence is present where (i) influence exerted on grantor, (ii) to over power her mind, (iii) the product of the influence is deed that would not have been executed)
Here, undue influence is present. BUT BUYER WAS UNAWARE– BFP! DEED IS GUCCI
Civ pro=
defendant wants to remove, but both from state b
if its FEDERAL CLAIM= REMOVAL IS OK
answer: defendant may remove federal claim to federal ct bc jdx over matter
Evidence:
- Seperate lawsuits, driver and passenger in both.
- at deposition driver testifies that she saw defendants care swerving.
- then driver dissappears + no attempts to contact
should court admit deposition testimony over objection?
a. yes because prior dep
b. yes under formal hearsay
c. no bc its hearsay not within exception
C. NO ITS HEARSAY
ITS NOT FORMER TESTIMONY if d made NO effort to find that driver… she must be unavailable + he must find her.
Torts:
D sees house on fire, wants to help landowner, puts it out but cuts through fence
Is hiker liable for tresspass?
a. yes but liable for cut wire
b. no bc owner implicitely consented
b. implicit consent
Civ Pro:
will fed court hear divorce case?
nope.
Evidence: Criminal case
D provides alibi
witness wants to testify two days earlier he tried to strangle her at the same location
admissable?
yes- mimic
it would be admissable to show that the d used the same method to attempt to kill the victim
Evidence:
offer to pay medical expenses + ___
what is that called? admission or factual admission
admissable as ADMISSION by owner that he left bar drunk
Evidence:
if d and co felon are in custody questioned, and d confesses but co felon sits there silently…
b. admissable bc statement of participent in crime
c. inadmissable bc under the circumstances there is no duty to respond
b. inadmissable bc there is no duty to respond
think of fairness!!!
803(d), provides an exception to hearsay rule- adoption by silence. The elements for adoption by silence is that
(i) d heard incriminating statement
(ii) d had opportunity to respond and remained silent
(iii) incriminating statement was such that an innocent person wold deny
However, there are issues that arise with adoption by silence after arrest. silence after arrest is too ambigious to have probative value.
provides that a statement by third party, such as employee or cofelony
Evidence:
Plaintiff sues manufacturer for injuries suffered to neck and back when he called orthepedist to testify, “I was standing on top of ladder when i fell”
a. yes because made for medical purposes
b. no bc not made to physician
b. yes because it was made for purposes of medical treatment.
803 4 does not require treatment to be made to treating phhysician. admits statements made to doctor for purposes of diagnosis too
Evidence:
Bus crash. P says he was injured, bus says he wasnt.
P wants to show medical examiners note
Medical examiner is dead.
a. yes because made for medical purposes
b. inadmissable hearsay
Inadmissable.
Even though its relevant, there was no opportunity to cross!
Evidence
Strategy for Medical Statement/Hearsay
- was it made for medical purposes to any treating physician?
- was there opportunity for cross?
Crim:
Defendant sees stolen gun on his table at home– decides to sell it. Can he be convicted of larc?
Yes. Larceny is the trespassory taking posession of anothers property with the intent to permanetly deprive.
YOU DONT NEED TO KNOW WHOS IT IS
