missed questions Flashcards
rule for perpetuties
measured from the end of any life estate
can someone not be a citizen of any state and not be an alien for reasons of diversity
yes
knowledge of defect exception to hearsay
if a state is offered to prove that a D was aware of a defective condition, that is not hearsay
supplemental jurisdiction
discretion to exercise supplemental jurisdiction over related claims that derive from the same common nucleus of fact and are such that a plaintiff would ordinarily be expected to try them in a single judicial proceeding
REGARDLESS of lack of diversity, or amount in controversy
does estoppel by deed apply to quitclaim deeds
no
motion for judgment on the pleadings for failure to state a legal defense
motion filed when D admits a claim by not answering
administrative tribunal
admin agency with limited jurisdiction
no life tenure
are motel rooms considered residences under fourth amendment
yes
notice for procedural due process must be
adequate, meaning that it must be reasonably conducted to notify person
strict liability for defecitve products
(i) the defendant is a commercial supplier; (ii) production or sale of a defective product; (iii) actual and proximate cause; and (iv) damages.
when can an intended benficiary enforce a contract
when their rights vest
when does an intended benficiaries rights vest
Vesting will occur when the beneficiary (i) manifests assent to the promise in a manner invited or requested by the parties, (ii) brings suit to enforce the promise, or (iii) materially changes position in justifiable reliance on the promise.
interrogatories can only be used for
parties to a lawsuit
when transferring a deed, the magic word is
conveyance
does a d claim they were innocent nullify a guilty plea
no
can prosecution not honor a plea bargain after plea
if they do, it nullifies plea
when does a person waive privilege under medical examinition rule
when they request a copy of hte medical report, then they must produce copies of like reports
what is a remedy for fradulaent misrepresentation
reformation of th econtract
do land/property taxes count as covenants that touch and concern land
yes
does witness need to be available for prior identification exception to hearsay
yes
can congress repeal a treaty
yes with two thirds vote
when does the “probative valeu putweigh potential for prejudice” test come into effect
only when used against a criminal D
non hearsay statements
prior inconsistent (admissible as substantive evidence if under oath) statements
statements attributable to the other party
prior statements
adopted statements
vicarious statements
hearsay exception if declarant is unavailable
dying delcaration statement against interest former testimony (under oath) statement of family history
unborn widow rule
rule against perpetuities that treats a widow with unborn children not as a measuring life
touch and conern
any covenant that imposes a duty related to the (touching and concerning) the land runs with the land to anyone in privity of estate
-includes obligations to pay fees/taxes for land
what does quiet title mean
an action to determine who is rgihtful holder of title
what amendment can apply to private citizens
the enabling clause of the 13th amendment
does supremacy clause extend to federal contracts with companies
yes
in an action against a third party is a parents negliegence imputed on a child
no, and vice versa, a childs damages cant be limted by parrents acts worsening condition
what is the time limit for fraud and misconduct to file for relief of judgment
one year
when are admissions by request for admissions admissible
only in the pending action, not in subsequent actions
when are service contracts non delagable
when they are personal service requiring special skill
does a parties previous statements fall under work product protection
no
when does a right to counsel attaches in misdeamnor trials
when imprisonment sentecnce imposed, if before not a violation even if possible sentence is over 6 months
when D is undertaking an abnormally dangerous activity
strict liablity applies, even to unforeseeable events
when a case is removed from state court to federal court
proper venue is ONLY the federal court where the action was commenced
for private nuisance, is the P ownership and use of studio relvevant?
yes on whether the use of the land by D is reasonable
two things protected by equal protection
protected class AND fundemental rights
if parties make a mistake during integration of writing
courts will permit error to be corrected
for photo evidence, does a photographer need to testify to accuracy of picture
no, any witness familiari with the scene or object depicted can
conversion
act of D interferes with porperty
seriously enough to warrant full compensation
dont need intent! just actual interference
does an obligor needs notice of assignment to pay the assignee
yes
either assignor or assignee can notify
does assignment extinguish privity of contract between obligor and assignor
yes
what is needed for assignment
- assignor maifests intent to immediately and completely transfer their rights
- writing not req
- right assigned must be adequately described
- consideration not req
assignment for value
done for consideration OR
taken as security for a preexisting debt
irrevocable
gratuitous assignment
not for value
revocable UNLESS
obligor already performed OR
a tangible claim id delivered (stock cert) OR
assignment for intagnible claim is put in writing OR
assignee cna show detrimental reliacne
which assignment is irrevocable
assignment for value
is an assignmnet revocable
yes, but only gratuitous assignments without one of the four exceptions
method of revoking an assignment
death of assignor
notice of revocation by assignor to assignee or obligor
assignor takes performance from obligor
subsequent assignment of saem right to another
does a clause prohibitng assignment of contractual rights bar assignment
No, but allows for collection of damages
