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Ohio > MINIMUM COMPETENCY > Flashcards

MINIMUM COMPETENCY Flashcards

1
Q

Tort of invasion of privacy:

A
  1. Intentionally portraying someone in false light

2. Highly offensive to reasonable person

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2
Q

Invasion of privacy by public disclosure of private facts or intrusion:

A
  1. portrayal of private facts or intrusion
  2. in a private area
  3. highly offensive to reasonable person

4 not legit concern to public

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3
Q

Defamation

A
  1. defamatory statement
  2. regarding plaintiff/plaintiff’s reputation
  3. regarding plaintiff
  4. published by third party
  5. damages

Must be at least negligence

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4
Q

Intentional interference with prospective economic advantage

A
  1. no contract exists yet

2. defendant tortiously interferes with expected contract

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5
Q

Measure of damages in construction contract?

A

Expectancy, measured by cost of repair.

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6
Q

When is specific performance not available?

A

If breach was minor or not material to contract–nominal damages

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7
Q

Minimum required number of directors on board of corporation?

A

One is enough

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8
Q

When must action to prevent merger be filed?

A

90 days after effective date or else you cannot sue

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9
Q

When can party discover facts known/opinions of non-testifying expert?

A

Only on showing that party seeking discovery cannot get the info without undue hardship or other concern of injustice.

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10
Q

General rule about witness hearing testimony of another witness

A

Court must exclude witness so he cannot hear other witness testimony unless the person’s presence is essential to presentation of case.

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11
Q

Good-Faith exception for warrants

A

Even if warrant invalid, search not illegal if cop relies in good faith on warrant

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12
Q

Test for Chimel in search of car:

A

Cop must show that

  1. D can reach passenger compartment at time of search and poses risk to cop safety/need to preserve evidence; or
  2. reasonable that evidence of offense might be found in the car
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13
Q

Test for regulating expressive conduct:

A
  1. important gov’t interest
  2. unrelated to suppression of speech
  3. no further burden than necessary

Not strict scrutiny.

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14
Q

Non-public forum test:

A

Law must be

  1. viewpoint neutral and
  2. rationally related to legit gov’t interest
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15
Q

Public forum test:

A

Law must be

  1. viewpoint neutral;
  2. narrowly tailored to further significant gov’t interest;
  3. leave open alternative means of communication
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16
Q

When is financing statement seriously misleading?

A

Has the debtor’s name wrong and doesn’t fix it

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17
Q

What must happen when debtor moves?

A

Financing statement must be filed in new place where debtor lives within 4 months

If it doesn’t, it loses priority of perfection

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18
Q

Test for relevancy

A

Evidence must make a material fact more or less likely than would be the case without the evidence.

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19
Q

Present impression exception to hearsay

A
  1. made when person saw or heard event

2. made statement shortly after seeing or hearing event

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20
Q

Excited utterance exception to hearsay

A
  1. made by person in heightened sense of passion

2. statement made before declarant calms down or has time to think about the situation

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21
Q

Test for gender-based classifications

A

Intermediate scrutiny

  1. state must have important interest
  2. substantially related

** Ohio supremes might require persuasive justification for the classification

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22
Q

Elements of negotiable instrument:

A
  1. in writing
  2. signed by maker or drawer
  3. made payable to order or bearer
  4. for a sum certain
  5. payable upon presentment or demand
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23
Q

Clergy/congregant privilege

A

Protected from discovery/evidence if

  1. confidential communication
  2. made during course of rendering spiritual guidance
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24
Q

Expectancy damages

A

Damages that seek to put non-breaching party where he would have been at time of performance.

Still must mitigate.

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25
Q

Capacity - defense to contract

A

Determined at time contract made; not after

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26
Q

First Amendment guarantee of free exercise of religion

A

Gov’t can’t enact law interfering with free exercise.

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27
Q

Exception to guarantee of free exercise of religion

A

Laws of general applicability are constitutional if

  1. burden is incidental
  2. has otherwise neutral purpose
  3. not directed at religion
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28
Q

Test for laws that threatens to respect or infringe on religion

A

LEMON

  1. secular purpose
  2. primary effect doesn’t advance or inhibit religion
  3. doesn’t result in excessive entanglement with religion
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29
Q

What does atty have to do if client is committing fraud/crime?

A
  1. Atty may not faciliate
  2. If client insists, atty must withdraw
  3. atty may need to disclose to court or authorities
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30
Q

When can subordinate atty rely on supervisor?

A
  1. If there is arguable question; and

2. supervisor handling is reasonable

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31
Q

Plain View test

A
  1. criminality of evidence is readily apparent;
  2. officer has lawful access to see the place where it is in plain view;
  3. officer has lawful access to area required to take the evidence
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32
Q

Open Fields

A

Evidence can clearly be seen from looking at property; no REP

Doesn’t apply if the evidence is hidden by bushes or fences

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33
Q

Spousal elective share

A

Spouse can choose to take 2 vehicles.

Not automatic; spouse must elect to take her share by filing claim – cannot use this to take property that has been otherwise disposed of under will

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34
Q

When can party amend pleading?

A

Within 28 days of filing or 28 days after responsive pleading due

If outside this window, party needs leave of court. Court should grant unless undue prejudice to other party.

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35
Q

What happens if property that buyer purchases has delinquent taxes?

A

Buyer takes property subject to those taxes.

But Buyer can seek the amount from the seller.

36
Q

Business record exception to hearsay

A
  1. record made by employee

2. in ordinary course of biz

37
Q

Statement made for purpose of medical diagnosis or treatment - exception to hearsay

A

Admissible if made for purpose of getting treatment/care

Doesn’t count if declaring taking about who caused his injury

38
Q

Test for enforcing liquidated damages provision

A
  1. damages must have been difficult to estimate at formation
  2. not penalty
  3. reasonable/proportional
39
Q

Ohio Slayer Statute

A

beneficiary who causes death of decedent is barred from taking interest under testator’s will.

Proven if conviction of murder/voluntary manslaughter

40
Q

What are essential elements of land-sale contract?

A
  1. names of parties
  2. statement of intent to convey interest in land
  3. adequate description of property being sold
41
Q

What process must dissenting shareholder follow?

A
  1. Must dissent in 10 days
  2. Must give corp 3 months to give him his shares

THEN he can sue

42
Q

Attorney’s duty to court and opposing counsel:

A
  1. may not commit fraud on court
  2. may not intentionally misrepresent facts to opposing counsel
  3. if prosecutor, higher duty imposed, including handing over brady evidence
43
Q

Arson in Ohio

A

Doesn’t require that structure be occupied

Cause, or create substantial risk of physical harm to structure

44
Q

Attempt in Ohio

A

D need only take substantial step toward committing crime

45
Q

When can deadly force be used in crime?

A

If D reasonably fears death or great bodily harm.

But must retreat before resorting to deadly force.

MAY NOT BE USED TO PROTECT PROPERTY.

46
Q

Elements for SI to attach:

A
  1. debtor must sign authenticated agreement
  2. creditor must take value
  3. debtor must acquire rights in collateral
47
Q

How must vehicle be perfected?

A

Noting lien on vehicle certificate of title.

48
Q

When does inventory supplier acquire PMSI in inventory?

A
  1. file financing statement before delivery

2. send authenticated notice to adverse creditors

49
Q

Trespass to land

A
  1. intentional invasion by defendant
  2. of plaintiff’s land

Mistake of fact is not defense

50
Q

Private nuisance

A
  1. substantial and unreasonable interference

2. with use or enjoyment of property

51
Q

“Substantial”

private nuisance

A

Annoying to average person in community

52
Q

“Unreasonable”

private nuisance

A

utility of D’s actions are not greater than injury caused to P.

53
Q

“abnormally dangerous activity”

strict liability

A
  1. creates foreseeable and highly significant risk of physical harm, even when used reasonably
  2. activity not commonly engaged in

E.g., mining/blasting; NOT FIREWORKS.

54
Q

When is conveyance of property deed proper?

A

owner delivers to buyer

recording is not enough

55
Q

Destruction of corpose

A

Outrageous treatment of human corpse

56
Q

Kidnapping

A
  1. movement/concealment
  2. against victim’s will
  3. by force or threat of force
57
Q

What is effect of death on contract?

A

Doesn’t terminate contract if valid; but if not accepted yet, it will revoke offer

58
Q

Crime-fraud exception to A/C privilege

A

not protected if communications made in furtherance of crime and fraud.

59
Q

What is required to object to discovery request?

A
  • state objection
  • try to work out with opposing counsel
  • submit to court motion for protective order in 28 days of receiving the request
  • if work product, must describe info withheld enough so that court can order whether it is privileged
60
Q

Negligence

A
  1. breach of duty of reasonable care
  2. that is owed to P
  3. causing damages

Duty is owed to foreseeable plaintiffs to act as reasonably prudent person would under circs.

61
Q

Entrusted employee rule

commercial paper

A
  1. employee is in position like bookkeeper;
  2. employee fraudulently writes checks
  3. employer cannot challenge forgery to avoid paying check
62
Q

discovering medical records

A

discoverable unless doctor/patient privilege applies

and discoverable even if the privilege applies if the condition at issue in litigation is in records

63
Q

work product still discoverable if:

A

party seeking discovery shows that

  1. witnesses interviewed are unavailable; or
  2. the info can’t be obtained without substantial hardship
64
Q

What is required for fundamental change to corporation?

A

2/3 vote of shareholders who are allowed to vote

65
Q

What are fundamental changes?

A
  • name change
  • amendment to corp’s articles of incorporation
  • sale of substantially all assets of corporation
66
Q

How to amend regulation of corp?

A

Majority vote

67
Q

Who is in charge of day-to-day operations of corporation?

A

Board of directors

68
Q

Ademption

A

Property that is bequeathed is no longer in estate when testator dies.

Gift will lapse and falls to residue.

69
Q

When is employer liable for acts of independent contractor?

A

If employer exercises sufficient control over his conduct

70
Q

Frolic vs. detour

respondeat superior

A

Frolic
- major detour from scope of employment–no vicarious liability

Detour
- minor stop

TEST = was employee acting in furtherance of employer’s interests?

71
Q

Requiring disclosure of group members

first amendment

A

Unconstitutional if it has chilling effect on group membership

72
Q

Group association and first amendment

A

may punish illegal membership if

  1. group purpose if illegal
  2. individual knowingly belongs to the group
  3. individual encourages or partakes in illegal activity
73
Q

What must attorney do for contingent-fee arrangement?

A
  1. informed consent
  2. detail how the fee is calculated
  3. whether client is responsible for expenses
  4. in writing
74
Q

“partnership”

A

agreement between 2 or more parties to operate business and share the profits

doesn’t require writing, but if there is writing, the writing controls the relationship

75
Q

When is withdrawal from partnership wrongful?

A

Whether the withdrawal from the partnership is wrongful or not depends on the reason for the withdrawal and whether the partnership was
for a term or at will. Any withdrawal before the end of the term is wrongful, unless it is permitted in the agreement, or resulted from a death, bankruptcy, etc.

76
Q

What is effect of withdrawing from partnership?

A

The withdrawing person might have to pay damages for his withdrawal if wrongful.

Withdrawal doesn’t automatically dissolve partnership.

77
Q

How to dissolve partnership?

A

Must “wind up” the affairs.

If a partners has wrongfully dissociated, he can’t participate in winding up.

78
Q

“Winding up affairs”

A
  • all assets must be sold
  • debts of partnership paid
  • partner equity returned
  • profits paid to partners
79
Q

Standing of passenger to challenge stop of car vs. search of car

A

No standing to challenge search, but can challenge stop

80
Q

Battery (tort)

A
  1. intentionally
  2. causing harmful or offensive contact

^ based on what reasonable person considers harmful

81
Q

Character evidence in civil actions

A

Not allowed unless

  • character is at issue in cause of action
  • party opens the door
82
Q

When can criminal conviction be used in civil case?

A

For impeachment if

  • crime of dishonesty/fraud or
  • felony committed within 10 years
83
Q

Creditor’s ability to foreclose on property for one spouse’s personal debt:

A

Joint tenancy - creditor can foreclose on joint tenant’s portion of property and become TIC with other joint tenants.

Tenancy by entirety - creditor cannot foreclose on the property for a debt by one individual spouse.

84
Q

Elements for restrictive covenant

A
  1. parties intended covenant to run
  2. purchaser had notice
  3. vertical privity
  4. restriction touches/concerns the land
85
Q

Real defenses

A

Available against HIDC or non HIDC:

  • infancy
  • incapacity
  • duress
  • illegality
  • fraud
  • forgery
86
Q

Personal defenses

A

Not available against HIDC

  • Issuance
  • normal contract defenses
87
Q

When must party be joined?

A
  1. action for injury and property damages must be combined with wrongful death action for those injuries;
  2. husband and wife must be joined if one has derivative claim arising out of same wrongful act;
  3. minor suffers injury and parent has claim for loss of consortium
  4. claim for injury to employee/agent if same act that injured employer/principal

Ohio (14 decks)

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