Questions missed on Babri Flashcards
impeachment of a hearsay declarant
-can impeach their credibility by any impeachment means necessary regardless of whether they are available to testify at trial
-doesn’t need chance to explain or deny
-can be rehabilitated if attacked
when is a prior inconsistent statement allowed in for the truth of the matter asserted
when previously made under oath
Establishment clause exception to taxpayer standing
-allowed but only when CONGRESSIONAL SPENDING (taxing and spending powers). Not exec spending or exec actions.
what are the negative implications of the commerce clause
generally a federal power but NOT EXCLUSIVELY federal.
states can sometimes do if not INTENTIONALLY protectionist and meets 1 of 3 exceptions.
dormant commerce clause test
- whether intentionally discriminatory
- whether even if neutral passes balancing test (burden test)
can a judge consider (in like a 403 analysis) whether the evidence makes it more or less likely that the case will be win or lost
NOOO
what happens in a criminal case when a judge takes judicial notice of prosecutorial evidence
prosecution has met their burden, but it is not conclusive
does the mailbox rule apply to options kx
no
preexisting duty rule
does not apply under UCC!!! good faith modifications ok
conditional acceptances and battle of the forms
a reply adding in a conditional acceptance does not constitute an acceptance but instead a rejection and a counteroffer.
11th am
sovereign immunity
structural/implicit waiver in 11th Am
when they joined union, implicitly agreed to yield to certain fed powers like eminent domain and certain military powers
-federal power is complete in itself AND
-the states implicitly consented to the fed gov exercising that power as part of the Const.
suits against state officers
can sue official (1) for damages personally or (2) to enjoin the official from future conduct that violates the Const or fed law (so, includes unconstitutional state law), even if this will require prospective payment from the state
but cannot sue for retroactive damages
dormant commerce clauses
state/local regulations that discriminate against interstate commerce to protect local economic interests are invalid
dormant CC balancing test
if does not discriminate, valid unless burden outweighs promotion of legit local interests
can the gov require you to take an oath for gov employment not to overthrow the gov?
yes
can the gov require you to “promise to respect the flag?” as an oath
no.
effect of judge taking judicial notice in crim case
Pros has met burden.
Judge should instruct the jury that it may, but is not required to, accept the noticed fact as conclusively proven.
is thermal imaging a search
yes.
when can the government probably NOTdrug test
when looking at diversity citizenship for an unincorporated Assoc, do you look at partners only or partners and officers?
partners only [could be general and limited tho]
must a federal court have SMJ over a counter claim?
yes girly
complete diversity
Diversity of citizenship refers to when there is no common state citizenship between the plaintiffs and defendants in a suit. In other words, all parties on one side of the controversy are citizens of different states from all parties on the opposing side.
what is the limitation on diversity cases?
in diversity claims, plaintiffs generally cannot invoke supplementary jdx.
HOWEVER, there is an exception. applies when there are MULTIPLE plaintiffs and one of them does not meet the amount in controversy requirement. [here, plaintiff can use]
dealing w mortgage modifications
generally first in time, first in right. but if senior mortgage modifies the mortgage, it becomes junior to any junior mortgages that were in existence at the time.
Thus, if the first mortgage debt is larger bc of a modification, the second mortgage gains priority over the increase in debt.
must a junior mortgagee be named as a party to a senior mortgagee’s foreclosure action?
YES. Bc it has a right to pay off the sr mortgage to avoid being wiped out by foreclosure.
Failure to join the junior mortgagee results in the preservation of its interest despite the foreclosure and sale.
More senior interests need not be named bc their interests are not affected by foreclosure.
statutory redemption
right of a mortgagor to recover the land AFTER foreclosure sale has occurred, usually by paying the FORECLOSURE SALE PRICE.
equitable redemption
right of a mortgagor to recover the land by paying the amount OVERDUE on the mortgage, plus any interest, at any time PRIOR to the sale.
If the mortgage contained an acceleration clause, then the FULL BALANCE of the mortgage must be paid to redeem in equity.
priority for allocating mortgage foreclosure sale proceeds
-any costs incurred by foreclosure
-sr interests like foreclosing party
-any jr lien holders in order of priority
-mortgagor
does a disability of a successor toll the SoL for AP purposes
no
Fifty-one years ago, an owner conveyed land to a taker for “so long as the land is used solely for residential purposes; otherwise, the interest in land shall revert to the owner and his heirs.” The taker used the land as her personal residence for 20 years, but 31 years ago, she began operating a children’s day camp on the land. The owner knew of this operation, but he took no action. Two years ago, the aged taker decided to get out of the camp business. She closed her business and once
again began to use the land solely as her personal residence. Also two years ago, the owner died, survived by his son and only heir. Now the son is laying claim to the conveyed land. The jurisdiction in which the land is located has a seven-year adverse possession statute and another statute that bars enforcement of possibilities of reverter 55 years after their creation.
May the son validly claim title to the land?
No, because the adverse possession period began 31 years ago, and the taker has held the property for more than the requisite seven years.
On the happening of the prohibited event (using the land for other than residential purposes), the taker’s fee simple determinable automatically came to an end, and the owner was entitled to present possession. Not having claimed possession within the applicable seven-year period, and with the taker’s possession being open, notorious, continuous, and adverse, any action by the owner or his heirs is now barred by adverse possession.
does use of a quitclaim deed charge a purchaser w inquiry notice
majority of states say no even tho a quitclaim deed has no covenants for title
“Any conveyance of an interest in land, other than a lease for less than one year, shall not be valid against any subsequent purchaser for value, without notice thereof, unless the conveyance is recorded.”
Notice statute
O conveys Blackacre to A on Monday. O conveys Blackacre to B on Tuesday. A records on Wednesday. B records on Thursday.
If both parties paid valuable consideration for the land, and neither knew of the other’s deed, who owns Blackacre?
B, under a notice statute
notice statute
PROTECTS A SUBSEQUENT BFP WITH NO NOTICE OF PRIOR CONVEYANCE [CONSTRUCTIVE OR ACTUAL]
race statute
first to record wins, regardless of BFP
race-notice statute
a subsequent BFP prevails over a prior grantee only if she records before the grantee
On February 10, an owner took out a $10,000 mortgage on her land with a bank. On February 15, the owner conveyed the land for $50,000 to a buyer who was not aware of the mortgage. On February 17, the bank recorded its mortgage interest in the land. On February 21, the buyer recorded his deed to the land. Does the buyer hold the land subject to the bank’s mortgage?
Yes, in race or race-notice jdx
