Mix Issues And Rules Flashcards
Spousal Privilege in Evidence Law
Under the Federal Rules of Evidence, one spouse cannot be compelled to testify against the other spouse during the course of their marriage, and one spouse can prevent the other from revealing confidential communications made during the marriage.
Implied Warranty of Habitability
Under landlord-tenant law, a landlord must maintain rental property in a condition fit for human habitation. If they fail to do so, the tenant may withhold rent and/or sue for damages.
Statute of Frauds in Contract Law
Certain types of contacts (eg., contracts for the sale of land, contracts that cannot be performed within a year) must be in writing and signed by the party to be charged to be enforceable.
The Hearsay Rule
Out of court statements taken for the truth of the matter asserted are hearsay. Hearsay is generally inadmissible unless it falls within an exception to the rule, such as a party opponent admission or an excited utterance.
Best Evidence Rule
When proving the contents of a writing, recording, or photograph, the original is generally required unless it is lost, destroyed, or otherwise unavailable.
The Commerce Clause in Constitutional Law
The U.S. Constitution grants Congress the power to regulate commerce with foreign nations, among the several states, and with the Native American tribes.
The Parole Evidence Rule in Contact Law
When a contract is fully integrated, evidence of a prior or contemporaneous oral or written statement is generally not admissible to alter or contradict the terms of the contract.
Strict Liability in Tort Law
In certain situations, such as abnormally dangerous activities or wild animals, a defendant can be held liable for harm without proof of negligence or intentional wrongdoing. Assumption of the risk may be a defense.
