NY BAR REVIEW 1 Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Libel Personal Jurisdiction

A

Have sufficient minimum contacts with the state. Publisher should reasonably anticipate causing injury wherever newspaper is sold and should reasonably anticipate being hailed into court in each state.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Improper Venue

A

May be waived. Defendant can do so. Defendant may object.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Venue

A

Place where process is served has no effect on it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Proper Venue

A

Where events giving rise to claim, occurred.
In a judicial district where any defendant resides, if reside in same state.
A plaintiff’s residence is not a valid basis for fixing venue.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Jurisdiction

A

Exercise of jurisdiction over particular defendant must be authorized by statute and constitutional.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Failure to cooperate in discovery

A

Insistence on a court order for additional medical exam by additional doctor does NOT constitute this.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Physician Exam employed by the REQUESTING party

A

NO prohibition against it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Physician Examination

A

Need not submit to an exam by another physician without court order obtained on a showing of good cause.
A party may NOT avoid examination by claiming prior exam was sufficient.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Jury Trial

A

Underlying dispute is legal in nature.
Court will look to the basic substance of the case to see if jury trial is appropriate.
An action at law, jury trial is available on demand.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Duty to supplement responses

A

Duty to amend prior response if knows that response, though correct when made, is no longer true, and circumstances are such, that failure to amend the responses is in substance a KNOWING CONCEALMENT.
Opposing party need not request it. Fact that a party may be able to find the info without using discovery doesn’t relieve party from disclosing info their possession.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Common question Class action

A

Judge may refuse to approve settlement of class action, unless class members are given second opportunity to opt out. TWO OPT OUT PERIODS.

  1. Initial Notice
  2. Settlement Agreement. Only if judge requires.

May opt out if court allows members second opportunity to opt out.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Supplemental Jurisdiction

A

Subject matter jurisdiction over claim. Court would have supplemental jurisdiction over 3rd party claim arising from same transaction or occurrence as underlying claim does.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Merger

A

When plaintiff wins. Cause of action is said to merge into judgment such that cannot re-litigate cause of action later. All personal injuries received by plaintiff in 1 accident constitute single cause of action and res judicata forbids re-litigation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

RES JUDICATA principles

A

forbid relitigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Collateral Estoppel

A

Issue preclusion. Applies to issues, NOT entire cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Attempted Murder

A

Possess Specific Intent to kill. In common law, all attempts are specific intent crimes.Establish that he had specific intent to engage in behavior or cause harm prohibited by criminal statute that he was charged with attempting to violate. SPECIFIC INTENT TO KILL PRESENT.

17
Q

Manslaughter

A

Reckless

18
Q

Murder

A

Depraved Heart Theory

19
Q

Quitclaim Deed

Warranty Deed

A

Quitclaim deed gives NO warranty of title

20
Q

Future Covenants in General Warranty Deed

A

Covenant of

  1. quiet enjoyment
  2. warranty
  3. further assurances
21
Q

Quiet Enjoyment

A

Covenant that grantee will not be disturbed in possession or enjoyment of property by 3rd party’s lawful claim of title

22
Q

Further Assurances

A

Covenant to perform whatever acts are reasonably necessary to perfect title conveyed if turns out to be imperfect

23
Q

Marketable title

Encumbrance

A

Visible and invisible easement are encroachments giving purchaser a right to object to title, except public highway and lawful structures thereon.

24
Q

Remedy if title NOT marketable

A

If NO fault on part of seller, buyer may recover only PURCHASE MONEY paid, expenses of TITLE EXAMINATION and NOMINAL DAMAGES.

25
Q

Boundary

A

Running along the street.
conveys grantor’s title in land to CENTER OF STREET, while ALONG SIDE OF THE STREET does NOT pass title to street in conveyance.