Random Problem Areas Flashcards
What does it mean when it is said that character is directly in issue?
When proof of a person’s character, as a matter of substantive law, is an essential element of a claim or defense in a civil action.
When is the hearsay exception of dying declarations available?
The exception is available only in homicide prosecutions and civil actions.
When does the past recollection recorded exception apply?
Where the witnesses testimony of the event cannot be revived by looking at the writing.
The federal rules of evidence permit a party to cross-examine the witness regarding the witness’s prior act of misconduct only where the act:
Is probative of truthfulness.
In a civil case, one character is directly in issue, that character may be proved by evidence in the form of:
Reputation, opinion, or specific acts.
When do the rights of an intended third-party beneficiary vest?
- Manifests assent to the promise in a manner invited or requested by the parties;
- Brings suit to enforce the promise; or
- Materially changes his position in justifiable reliance on the promise.
When is a liquidated damages clause enforceable?
- The damages are difficult to ascertain at the time of the making of the contract, and
- The damages are a reasonable forecast of compensatory damages.
When does the mailbox rule not apply?
In option contracts acceptance is only effective when received by the offeror in such instances.
Under the statute of frauds, contracts for the sale of land must be:
In writing and the writing must contain all essential terms and the price is considered an essential term.
If in a criminal case, the witness being impeached is the defendant, the felony conviction will only be admitted if the government shows that:
It’s probative value as impeachment evidence outweighs its prejudicial effect.
In the case of any witness other than the accused in a criminal case, any felony conviction is admissible, but the court retains discretion under rule 4032 excluded if it’s:
Probative value as impeachment evidence is substantially outweighed by the danger of unfair prejudice.
May a witness generally be impeached with a prior felony conviction if they are currently appealing the conviction?
Yes, however the pendency of the appeal may be shown.
A transfer of a partner is transferable interest in a partnership entitles the transferee to:
Receive distributions to which the transferring partner would otherwise be entitled.
Under RUPA, how long does a partnership continue to exist after dissolution?
The partnership continues until winding up of the business is complete.
