Simulated Exam Review (Mixed Subjects) Flashcards
Arrest Warrant Requirement
As a general rule, police must have an arrest warrant to effect an arrest in a person’s name
Vicarious Liability
An employer will be vicariously liable for tortious acts committed by the employee if it’s within the scope of employment
Hold Over Tenant
If the tenant continues in possession after termination of right to possess, the landlord can treat hold-over tenant as a trespasser and evict or may bind the tenant to a new tenancy
Double Jeopardy does not attach to what type of proceeding
Civil Proceeding
Intentional Infliction of Emotional Distress
limited to Plaintiffs not only present @ the time but are known by the Defendant to be present so that the mental stress is likely to have been anticipated by the Defendant
A landlord’s assignment of rent/reversion interests is the same as a tenant’s assignment of a leasehold interest
A assignee is liable to tenants for performance of all covenants made by the original landlord in the lease provided that the covenants touch and concern the land
SCOTUS holds that a person can have evidence excluded on 4th Amendment grounds only if the person’s 4th Amendment’s rights have been violated not another’s 4th Amendment’s rights
Plaintiff should have a personal stake in the outcome of the controversy as to ensure the concrete adversariness that sharpens the presentation of issues
When a lawyer presents a pleading, written motion, etc., she certifies that:
she conducted an appropriate inquiry before filing the act and that the legal contentions in the complaint were not warranted
Depositions of adverse parties
Can be used at trial for any purpose
Exclusivity is implied in requirements contracts
Retailer –> Exclusive
Manufacturer –> not exclusive because he suffers a legal detriment
RAP
validity of interests under RAP is determined @ the time the interests are created taking into account facts then existing –> lives being plus 21 years begins to run and the measuring lives used to show the validity of an interest must be in existence @ that time
Condition Precedent
one that must occur before an absolute duty of immediate performance arises in the other party
Condition Subsequent
An occurrence which cuts off an already existing duty of performance
Motion for relief from a final judgment can be granted on the basis of what?
Newly Discovered Evidence and must be brought within one year
Products Liability Action based on Negligence
Plaintiff must show:
1) negligent conduct by the defendant leading to;
2) the supplying of a defective product by the Defendant
A dealer who buys from a reputable manufacturer with no reason to anticipate the product is dangerous need only make a cursory inspection of the goods to avoid liability from manufacturing defects
Videotapes can be admissible as real evidence after being authenticated if relevant and its
Value is not substantially outweighed by undue prejudice (ex. such as to show intoxication)
A foreclosure sale
wipes out all junior mortgages but does not wipe out senior mortgages
Examining counsel may ask the expert for an opinion and then….
immediately allow opposing party to cross-examine without disclosure of the daa underlying the opinion
Loyalty Oath by Government
The government may require employees and other public officers to take a loyalty oath and the oath is upheld if it requires state employees to oppose the overthrow of the government by force, violence, etc.
A deceased seller’s interest generally passes as what?
Personal property when purchase price is paid; money passes as personal property to those who take the seller’s personal property
A mistake of fact
need not be reasonable when offered as a defense to a specific intent crime
Defamation of a private person
Plaintiff must show that the Defendant acted with actual malice or negligently as to the truth/falsity
There is no constitutional requirement that all known charges against a Defendant be brought in the same prosecution
If illegality is present at the same time of offer, there is no valid offer but if:
Illegality arises after the offer but before acceptance, it operates to revoke the offer
If a vendor of land cannot give marketable title but the purchaser wishes to proceed with the transaction:
the purchaser can usually obtain specific performance with an abatement of the purchase price in the amount representing the title defect
`Quasi Contract
applies only to prevent unjust enrichment where no contract exists; applies when a person only receives benefits in the absence of an enforceable promise to pay
Extrinsic evidence can be used to aid in interpreting a contract; Usage of Trade, Course of Dealing and Course of Performance –> the most specific controls the contract
Congress can provide nationwide service of process for a particular category of federal suits
A contract that violates the law will be unenforceable based on public policy grounds
Multiple plaintiffs may not meet the amount in controversy requirement by aggregating the value of their claims unless their claims are common and indivisible
