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NY BAR REVIEW > NY BAR REVIEW 16 > Flashcards

NY BAR REVIEW 16 Flashcards

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1
Q

1776

A

2nd continental congress signed the DECLARATION OF INDEPENDENCE

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2
Q

REPRESENTATIVES

A

2 yr term. represent all states in proportion to their respective populations, elected directly by the people.

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3
Q

senators

A

6 yr term. elected by state legislature, represents all states equally.

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4
Q

1778

A

CONSTITUTION goes into effect.

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5
Q

1803-

JUDICIAL REVIEW

A

created. MARBURY V. MADISON declared a law unconstitutional.

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6
Q

1812

A

congress declares WAR ON BRITAIN

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7
Q

1820-1821

A
  • MISSOURI COMPROMISE limited expansion of slavery in territories..
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8
Q

1830-

WEBSTER V. HARE DEBATE

A

on states rights v. national power. WEBSTER: liberty and union, now and forever, one and inseparable..

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9
Q

1837

A
  • the senate chose a VICE PRESIDENT because no candidate received a majority. RICHARD M. JOHNSON.
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10
Q

1841

A

1st FILIBUSTER in senate.

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11
Q

JOHN ADAMS

A

argued the AMISTAD case in supreme court.

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12
Q

1846

A

congress declared WAR ON MEXICO

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13
Q

1850

A

COMPROMISE OF 1850, california joins the union. FUGITIVE SLAVE ACT is strengthened.

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14
Q

1854

A

KANSAS AND NEBRASKAN ACT- they decide for themselves whether or not to allow slavery within their borders.

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15
Q

1860

A

1-2- members from southern states withdrew form the house of representatives and senate after seceding from the union. the capitol becomes a temporary hospital for wounded soldiers after the battle of 2nd BULL RUN (2nd MANASSAS) and ANTIETAM (SHARPSBURG).

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16
Q

1865

A

LINCOLNs laid in the rotunda

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17
Q

1868

A

president Andrew Johnson voted to be impeached by house of representatives- violated the Tenure of office act. no conviction

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18
Q

1870

A

1st african american senator

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19
Q

1898

A

congress declares WAR ON SPAIN in support of the CUBAN REBELLION against spanish authority.

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20
Q

1911

A

house of representatives membership is set at 435

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21
Q

1913

A

17th AMMENDMENT- direct popular election of senators

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22
Q

1916

A

JEANETTE RANKIN- 1st woman elected to house of representatives

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23
Q

1917

A

congress declares WAR ON GERMANY. 1st WORLD WAR. germany resumes unrestricted submarine warfare.

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24
Q

1922

A

REBECCA FELTON 1st woman appointed to senate

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25
Q

1932

A

HATTIE CARAWAY 1st woman elected to senate

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26
Q

1933

A

congress enacts ROOSEVELTS NEW DEAL.

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27
Q

1935

A

supreme court moves out of capitol into its own building across the street.

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28
Q

1941

A

after the bombing of PEARL HARBOR by the japanese, dec. 7 1941, congress declares WAR ON JAPAN with only 1 vote in opposition. ROOSEVELT

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29
Q

1957

A

senator STROM THURMOND (SC) set a FILIBUSTER RECORD- 24 hr speech against a civil rights bill.

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30
Q

1964

A

CIVIL RIGHTS ACT OF 1964

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31
Q

gulf of tonkin resolution

A

empowers the president to take the military action in vietnam.

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32
Q

1965

A

voting rights act

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33
Q

1974

A

ARTICLES OF IMPEACHMENT against PRESIDENT NIXON- WATERGATE SCANDAL. nixon resigned before the impeachment came to a vote in the house

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34
Q

1988-9

A

House of representatives vote to impeach CLINTON. senate conducted trial but didnt convict.

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35
Q

1993

A

CALIFORNIAs the 1st state to have 2 women representing in senate simultaneously.

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36
Q

1997

A

41 yrs and 10 mths in senate - THURMOND

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37
Q

ny has a _____ negligence statute

A

pure comparative

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38
Q

according to eptl, what effect is given to material following
testators signature ?

A

none. and wont affect material preceding testators signature if
validly executed and comprehensible

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39
Q

a disposition in trust for the use of the creator is valid or void as ag existing
or subsequent creditors of the creator?

A

VOID

40
Q

an aggrieved employee can or cannot sue his fellow employees for their neg arising out of
and during the course of employment, and can he hold his employer vicariously
liable for its neg bc of workers comp statute?

A

CANNOT

CANNOT

41
Q

what is menacing?

A

intentionally placing or attempting to place another in fear of imminent
serious physical injury. harassment requires an intent to harass, annoy, or alarm the
victim. criminal assault requires that the victim suffer physical injury

42
Q

what is 1st degree burglary?

A

the burglary of a dwelling in which any 1 of 4 special
aggravating circumstances occurs. one of those is being armed w explosives or a deadly
weapon, that neednt be displayed

43
Q

what does the 5th amm of the constitution designate?

A

guarantees use of grand jury in accusing def of capital or infamous
crimes. this fed guarantee hasnt been held applicable to states through the 14th amm.
art 1 sec 6 of the ny const is similar in effect, but permits the def to waive indictment
by grand jury w prosecutors approval if crime charged isnt punishable by death or life
imprisonment. theres no prohibition ag waiver of jury indictment in fed const law.

44
Q

in the business corporations law, corporate contract involving an interested
director is valid, void, or voidable?

A

wont be voidable if the board approves the transaction by a sufficient vote
w/o counting the votes of the interested directors or the board approves the
transaction by a unanimous vote of the disinterested directors, where votes of the interested
directors must be counted in order to constitute action of the board, or shareholders
approve the transaction by vote, … and provided in each case that the material facts as
to the directors interest or of the common directorship, officership, or financial
interest are disclosed or known to those voting on such approval. if none of the foregoing
occurs, contract is voidable unless parties thereto affirmatively establish that the
contract was fair and reasonable to the corp at time proposal was approved.

45
Q

under ny criminal law, if def causes death of another w intent to cause serious physical
injury, guilty of what?

A

first degree manslaughter, sec 125. 0. 1.

46
Q

in ny, person is guilty of 1st degree manslaughter when?

A

w intent to cause serious physical

injury to another person, he causes the death of such person

47
Q

under the doctrine of part performance, a purchaser may compel specific performance of
an oral sale of land, notwithstanding the statute of frauds, if what?

A

the purchaser proves
that he made at least partial payment and shows possession of land by purchaser, valuable
improvements, or performance of valuable services. mere possession of land is insufficient.
mere payment of purchase price, or portion thereof, is insufficient. partial payment of
purchase price coupled w possession or possession w improvements is sufficient to overcome
the statute of frauds

48
Q

how does death of either party, remarriage, or cohabitation of the wife affect arrears?

A

it doesnt affect arrears

49
Q

*pursuant to uniform commercial code, sec 2-322, agreement to deliver via carrying
vessel to a named port keeps risk of loss on whom?

A

seller till goods are properly unloaded.

commercial reasonableness does affect risk of loss.

50
Q

under general obligations law sec 5-701 10, statute of frauds applies to which contracts ?

A

to pay a fee for negotiating a business opportunity. put contract for negotiating
services in writing. if performance by the terms of the contract is possible w/in 1 yr,
contract isnt w/in the statute. under conflict of laws principle, ask myself if
ny has the most contacts and govtl interest in the contract.

51
Q

principal is liable for which acts performed by his agent ?

A

in the scope of his agency. w/in scope
of and during course of employment. ask myself if is also separately liable for own
tortious conduct

52
Q

in person solicitation allowed or prohibited?

A

prohibited

53
Q

partners in a firm - duties and responsibilities

A

are responsible for educating their nonlaywer
employees about ethics issues and making reasonable
efforts to assure that those employees comply w ethics
rules. Partner is subject to discipline if learns about
violation of ethics rule by nonlaywer employee when
its consequences can be avoided or mitigated, but
partner fails to take reasonable remedial action. He
failed to warn his partner. He’s subject to discipline.
Lawyer’s responsibility for nonlawyer employees
ethics violation is limited to situations in which lawyer
orders it, ratifies it, or learns about it in time to remedy
it and doesn’t do so. Even though people are generally
free to recommend lawyer to someone else, that
doesn’t allow paralegal to solicit business for firm that
employs him.

54
Q

A govt lawyer receiving confdtl govt info about a

person mustn’t later

A

represent a private client whose
interests are adverse to that person, if info could be
used to the mtrl disadvantage of that person. This
covers only confdtl info. Info that govt is prohibited
from revealing or has privilege not to reveal and
which is not otherwise available to public. An atty is
not barred from ever working on a case where he
gained any relevant info while working for the govt. to
bar representation, the info must be confdtl. A matter=
specific facts and specific parties.

55
Q

Lawyer may not settle legal malpractice claim or

potential claim with whom?

A

unrepresented client or former client
w/o 1st advising them in writing to seek outside legal
advice about the settlement and giving the person a
reasonable chance to obtain such advice. Frustrates the bars efforts at self-regulation and could be prejudicial
to administration of justice (ARIZONA STTE BAR
91). Lawyer may settle malpractice claim if claimant
is independently represented or if lawyer advises
claimant in writing that he should seek independent
legal advice before entering into settlement.

56
Q

Bar applicant mustn’t make what type of sttmts ?

A

untrue ones. on bar
application. Even if privilege against self incrimination applies to questions on bar applications
(debatable proposition), it doesn’t apply when
criminal punishment is barred by statute of limitations.

57
Q

Judges campaign committee may begin soliciting

contributions when?

A

one yr before election. Judge may allow
his name to be printed on party tix or other election
mtrls along w names of other party candidates. Judge
may not publicly endorse candidate for public office,
and code contains no exception to that prohibition.
Judge is prohibited form personally soliciting
contributions for own campaign. Judge is prohibited
from personally soliciting contributions for spouse’s
campaign.

58
Q

Firm is permitted to practice under trade name

provided what?

A

the trade name isn’t misleading. A firm may
continue using name of deceased partner. When a
name partner enters pub serv and isn’t in private
practice for substl pd, firm must cease using their
name. A lawyers elevation to stte sup ct doesn’t itself
require firm to cease using name bc surname refers to
his great great grandfather.

59
Q

There’s an exception to the ordinary rule that confdtl

info gained by…?

A

by 1 lawyer in firm is deemed to be known

by all lawyers in firm.

60
Q

lawyer can be disciplined for trying to avoid ct

apptmt when?

A

w/o good cause. Lawyer is permitted to turn
down ct apptmt if it’s likely to result in unreasonable
finan burden. Lawyer may turn down ct apptmt if it’s
likely to cause him to violate a rule of prof conduct. It
is an ethical violation to represent co-defendants w
conflicting interests, and consent won’t solve it.
Lawyer has duty to represent his fair share of indigent
or unpopular clients.

61
Q

Lawyer should deposit $ where?

A

in a client trust acct, not
in an acct that law firm uses for office expenses. His
failure to put $ in correct acct is a breach of fiduciary
duty that can result in both prof discipline and civil
liability (LURZ V. PANEK 88- lawyer civilly liable
for loss client suffers from his delay in paying $ over
to client). And even though it’s the law partner who
w/drew the $, the lawyer is still liable (BLACKMON
V. HALE 70). Lawyer’s breach of fiduciary duty can
result in both prof disc and civil liab to a clietn
suffering a loss as result. The legal std is breach of fid
duty, not strict liability.

62
Q

Judge may testify to what?

A

facts not character. A judge isn’t
competent to be a witness at trial over which he’s
presiding. Judge is allowed to serve as ordinary fact
witness in case pending before diff judge on his own
ct or ct that’s under his appellate jurisd.

63
Q

no fee splitting- explain

A

prevent interference w lawyers prof

judgment.

64
Q

evidence is relevant if

A

it has any tendency to make a material fact more probable or less probable than would be the case without the evidence. FEDERAL RULES OF EVIDENCE

65
Q

all relevant evidence is

A

admissible

66
Q

court makes discretionary determination that probative value of evidence is what?

A

substantially outweighed by pragmatic consideration

67
Q

what are the pragmatic considerations?

A 
danger of unfair prejudice.
confusion of the issues.
misleading the jury.
undue delay.
waste of time.
unduly cumulative.
68
Q

judge have ___ discretion to balance probative value with ________ considerations and determination will be ____ specific.

A

wide.
pragmatic.
fact.

69
Q

the least likely reason for court to rule evidence as inadmissible is:

A

unfair surprise

70
Q

whether evidence is admissible depends on what?

A

the purpose for which it is offered

71
Q

when evidence is admissible for one purpose, but inadmissible for another purpose, judge is to give the jury what?

A

limiting instructions - consider the evidence only for the legitimate purpose,and ignore it for any other purpose

72
Q

what is the process of trying to show that a witness shouldnt be believed?

A

impeachment

73
Q

what is the relationship between a witness and a party that could cause the witness to lie?

A

bias

74
Q

what are subsequent remedial measures?

A

repairs, design changes, policy changes taken AFTER an accident that couldve prevented the accident.

75
Q

subsequent remedial measures are inadmissible to prove what?

A

negligence, culpable conduct, product defects, need for warning.

76
Q

subsequent remedial measures are admissible when?

A

products liability action based on strict liability for manufacturing defect

77
Q

subsequent remedial measures are admissible when?

A

NOT in federal.

in NY - yes - manufacturing defect.

78
Q

safety measures re defective design or failure to warn - safety measures admissible in court?

A

in federal - NO.

in NY - NO.

79
Q

ban on settlement claim applies only if at time of discussion there is what?

A

claim, demand, and that claim is disputed by other side as to its validity or its amount.

80
Q

to sustain an objection means the evidence is___?

A

inadmissible

81
Q

to overrule an objection means the evidence is___?

A

admissible

82
Q

evidence that party paid or offered to pay accident victim’s medical expenses is admissible or not to prove liability?

A

NOT.
to encourage charity.
but other statements made along with such an offer are ADMISSIBLE.

83
Q

if one pleads guilty to arson in connection with burning down his own building, then sues his fire casualty insurance company for non payment of fire loss proceeds, is the arson plea admissible against him?

A

it is an admission of fraud

84
Q

relevant evidence is _____?

A

admissible

85
Q

the general exception to admissibility of relevant evidence is ______?

A

pragmatic considerations

86
Q

how many specific exceptions to admissibility?

A

5 policy based exclusions

87
Q

what is a big exception to admissibility of evidence?

A

character evidence is INADMISSIBLE, except when it is ADMISSIBLE

88
Q

evidence of defendant’s character is generally admissible or not to prove propensity?

A

NOT

89
Q

what is propensity?

A

conduct in conformity

90
Q

why not admit defendant character evidence to prove propensity?

A

fear that jury will misuse evidence and convict defendant not because hes guilty, but because he is a bad person

91
Q

in criminal, a defendant may introduce evidence of his own regarding what?

A

good character for the relevant traits

92
Q

if defendant offers his good character for relevant traits , in criminal, then?

A

prosecution may rebut with evidence of his bad character for same trait

93
Q

prior to offering his good character in criminal case, defendant is to do what?

A

evaluate the risk of unfair prejudice

94
Q

in criminal case, evidence of defendant’s good character in specific acts is?

A

NOT allowed

95
Q

in criminal case, evidence of defendant’s good character in FEDERAL are?

A

reputation or opinion

96
Q

in criminal case, evidence of defendant’s good character in NY are?

A

reputation ONLY.

NO OPINIONS.

NY BAR REVIEW (123 decks)

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