new Flashcards
(492 cards)
“A leaves to B for life, and then to A’s heirs” what interest do A’s heirs have?
no interest, doctrine of worthier title means this goes to A
“to A for life, then to A’s kids when they reach 21” (A’s kids are 25, 18, 17). What is the 25 year old’s interest?
vested subject to open
“to x for life, and then to x’s first child” (x has no children yet)
contingent remainder
“to x for life, and then to y if y outlives x” what is y’s interest?
continent remainder
Accessory before the fact vs a principal in the second degree
Principal in the second degree: physically or constructively present during commission of crime (getaway driver)Accessory before the fact: assistance before commission.
allowable scope for a terry stop search
can only do a frisk and seize anything that’s obviously a weapon/contraband/evidence-rationale: officer’s safety
are assignments revocable?
yes if no consideration
are confessions produced by deceit invalid?
no. e.g. fake lie detectors okay
are due on encumbrance clauses enforceable?
yes
are leases covered by SOF?
not if
are reserve or non-reserve auctions the default?
reserve
At will tenancy where only one landlord has right to terminate. Does it matter if residential?
Unconscionable. Remedy=both get right to terminate. Commercial and residential
attorney client privilege elements
confidential communication between client and lawyer for purpose of seeking legal advice
authentication rule for old evidence
> 20 years old, likely to be in condition and place where it was if authentic
best evidence rule
when contents of a document (or recording) are at issue or relied upon, must introduce original or a copyExceptions: original unavailable; other party has the document and knew you were going to use; summaries are fine
business records hearsay exception
prepared in regular course of business. info from someone w/ personal knowledge. -medical records count
Can a co-defendant’s admission be admitted against the D at a joint trial?
Yes, if co-defendant is testifying. No otherwise (unless bench trial). Harmless error analysis. Can either edit the confession or D can demand a separate trial
Can a fed court decline to exercise supplemental jurisdiction?
Yes
Can a P remove to federal court based on a counter-claim that meets amt in controversy?
No, only D can remove.
Can a party introduce evidence that a confession was not voluntary after judge has decided to admit it?
Yes, to shape how much credibility the jury gives the evidence
can a state directly tax fed govt?
no
Can a testifying witness be impeached by cross-examining them about specific past acts?
Yes, if probative about what they’re testifying about.
can an SOF writing be subsequently recorded?
yes
Can bail be set higher than amount necessary to secure D’s presence at trial?
No, under 8th am and due process