More mbe Flashcards
lien theory
-lien theory jurisdictions, a mortgage does not destroy the co-tenancy.
manufacturing defect
To prevail on a claim for strict products liability based on a manufacturing defect, the plaintiff must prove that: (i) the product was defective, (ii) the defect existed at the time the product left the defendant’s control, and (iii) the defect caused the plaintiff’s injury when used in an intended or reasonably foreseeable way. While misuse of a product is not an automatic bar to recovery, the particular misuse must be foreseeable.
waive jury trial
while a defendant may compel the government to try the defendant before a jury when the offense is punishable by imprisonment for more than six months, even though the government objects, a defendant does not constitutionally have the right to decline a jury trial in the face of government opposition.
pure several liab
Under a system of pure several liability, a tortfeasor is generally only liable for his comparative share of the plaintiff’s damages.
State SOL
In a diversity action, the district court is required to apply the substantive law of the state in which the district court is located as long as no federal statute applies. Although the statute of limitations might seem to be a procedural issue, the Supreme Court has held that statutes of limitation and tolling rules are substantive
negligence and disabilities
An intellectually disabled person is presumed to have average mental abilities and the same knowledge as an average member of the community. The defendant’s own mental or emotional disability is not considered in determining whether his conduct is negligent
4th Amend on recording
Fourth Amendment protects private conversations when no party consents to the recording, but does not protect conversations when one party consents to the recording
counsel-photo array
- There is no right to counsel during an identification through a photo array, regardless of when the photo array is conducted
- even after a defendant has been formally charged.
oral surety ok
Note that some oral suretyship contracts can be enforced (indemnity contracts and contracts wherein the surety’s main reason for paying the debt is the surety’s own economic advantage)
forged instrument
A forged instrument, such as a deed or release from a mortgage, is void and has no effect on property rights, even if relied upon by a bona fide purchaser. Consequently, the forged release is not effective to terminate the mortgagee’s rights, even though the release was properly recorded and relied on by the buyer
firm offers-conditions
ny offer, including a firm offer, may be subject to a condition. The condition serves as a limitation on the terms of the offer, but does not prevent the offer from being a firm offer.
CL Murder
Common-law murder is the unlawful killing of another human being committed with malice aforethought. Malice aforethought includes the following mental states: intent to kill, intent to do serious bodily injury, reckless indifference to an unjustifiably high risk to human life (depraved heart), or intent to commit certain felonies (felony murder).
