Random Flashcards
No conveyance or mortgage of RP shall be good against subsequent purchasers and without notice unless the same be recorded according to law.
Notice
No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice who shall first record.
Race - Notice
No conveyance or mortgage of real property shall be good against subsequent purchasers for value unless the same be first recorded to law.
Race
Doctrine of Promissory Estoppel
A party that reasonable and detrimentally relies on another party’s promise may recover the costs of relying on that promise - but NOT the value of the promise itself.
What is the two-part test for establishing
ineffective assistance of counsel?
(i) the representation must fall below an objective standard of reasonableness, and
(ii) the attorney’s deficient performance prejudiced the defendant.
when a lawyer’s deficient performance costs a D an appeal that the D would have otherwise pursued, prejudice to the D is presumed with no further showing from the D of the merits of his underlying claims.
What does the overbreadth doctrine
state about 1st AM rights?
It says that a law is unenforceable against anyone - including those engaged in unprotected speech - if it restricts a substantial amount of constitutionally protected speech.
True or False
Service providers are subject to strict products liability.
FALSE
SPL claims can only be brought against commercial suppliers or sellers (those in the business of selling or distribution products of the type that harmed the P.)
Name 5 Affirmative Defenses
D.I.N.E.D
Duress
Insanity
Necessity
Entrapment
Defense of Person/Property
When on Probation - when is the right to counsel required under Due Process? Under the 6th Amendment?
Due Process: requires it if D claims he (1) did not commit violation, or (2) was justified in committing violation for some complicated reason
6th Am: requires it if D sentence for underlying offense had NOT been imposed (deferred) AND it will be imposed if probation is revoked.
Warrantless search of a business operating in a highly regulated industry?
Warrantless search is OK if it is due to an urgent public need
Can an accomplice to felony murder who did not actually kill be sentenced to DEATH?
NO, unless he:
1. Significantly participated in the commission of the underlying felony
AND
2. Acted with reckless indifference to human life.
He can still be charged with felony murder, just no death penalty
Does a proponent entering a self-authenticating doc into evidence required to give advance notice to OP?
NO
Except for business records - OP must have notice and opportunity to review.
Can a party testify to the terms of a contract?
NO - not if an original of the contract is available (from either party).
(Best Evidence Rule)
Is a statement of a declarant’s then existing state of mind, or emotion, sensory or physical condition hearsay?
It is hearsay, but it falls under the state of mind exception to HS and it can be admitted to show a present intention, motive or plan.
Technically it’s not HS because it isn’t being offered to prove the matter asserted.
EX: Email from D to W saying he was going to visit his sister when crime committed.
Can you impeach a DEAD declarant?
YES