Rules to Review from Questions You Got Wrong Flashcards
Attorney-Client Privilege
When a client seeks his attorney’s advice in furtherance of planning to commit an illegal activity, the attorney-client privilege does not apply, regardless of whether the attorney was aware of the illegal activity.
Rule 41. Dismissal of Actions – Involuntary Dismissals
b) Involuntary Dismissal; Effect.
If the plaintiff fails to prosecute or
to comply with these rules or court order, a defendant may move to dismiss the action or any claim against it.
Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the merits.
Review under the Interlocutory Appeals Act is discretionary with the court and may be available when:
(i) the trial judge certifies that the order involves a controlling question of law as to which there is substantial ground for a difference of opinion and an appeal would materially advance the conclusion of the case, and
(ii) at least two appellate court judges agree to hear the appeal.
Interlocutory (i.e., nonfinal) orders that may be immediately appealed include:
(i) an order granting an injunction (or continuing, modifying, dissolving, or refusing to dissolve an injunction),
(ii) an order appointing a receiver, or refusing to wind up or take steps to accomplish purposes of receiverships,
(iii) decrees in admiralty cases that find liability but leave damages to be assessed later,
(iv) a patent infringement order where only an accounting is wanting, and
(v) an order whereby possession of property is changed or affected, such as orders dissolving writs of attachment and the like.
A notice of appeal must be filed with the district court within _____ days from the entry of judgment.
30 days
When is an action Removable?
Under 28 U.S.C. section 1441, a defendant may remove an action that could have originally been brought in the federal courts.
(In other words, subject matter jurisdiction based on either a federal question being presented or on diversity of citizenship would have been present had the case been filed in federal court.)
However, a case may not be removed on the basis of diversity jurisdiction if a defendant is a citizen of the state in which the action was filed.
When will school searches be upheld?
A school search will be upheld only if it offers a moderate chance of finding evidence of wrongdoing, the measures adopted to carry out the search are reasonably related to the objectives of the search, and the search is “not excessively intrusive in light of the age and sex of the student and the nature of the infraction.”
Elements of False Imprisonment
For false imprisonment, the plaintiff must show
(i) an act or omission on the part of the defendant that confines or restrains the plaintiff to a bounded area,
(ii) intent on the part of the defendant to confine or restrain the plaintiff, and
(iii) causation.
Covenant of Seisin? What’s needed at the time of grant to satisfy the covenant?
A covenant of seisin is a covenant that the grantor has the estate or interest that she purports to convey. Both title and possession at the time of the grant are necessary to satisfy this covenant.
Covenant Against Encumbrances?
The covenant against encumbrances is a covenant assuring that there are neither visible encumbrances (easements, profits, etc.) nor invisible encumbrances (mortgages, etc.)
Common Law Burglary Elements
Common law burglary consists of (i) a breaking; (ii) and entry; (iii) of the dwelling; (iv) of another; (v) at nighttime; (vi) with the intent of committing a felony therein.
NOTE: Pay attention to the possible felonies and if their elements have been satisfied.
RULE: reasonable time, place, and manner restriction
While the content of speech generally cannot be limited, the conduct associated with speech in public forums can be regulated by reasonable time, place, and manner restrictions. To avoid strict scrutiny and be upheld, such a regulation must be content-neutral, narrowly tailored to serve an important government interest, and leave open alternative channels of communication.
Depending on the circumstances, strict liability may be imposed on the owners of what type of animals?
on the owners of wild animals, domestic animals, and trespassing animals.
An easement may be extinguished by abandonment, but to constitute abandonment sufficient to extinguish an easement, the easement holder must demonstrate
by physical action an intent to permanently abandon the easement. Nonuse of the easement is not enough to show the intent never to make use of the easement again.
