Squib Tech: Legal Sample Flashcards
What are the steps involved in filing a law suit?
Step 1: π Files Complaint
Step 2: ∆ Responds to π’s Complaint
Step 3: Discovery Process
Step 4: Trial
Step 5: Post-Judgment Motions and Appeals
How many days does a defendant have to respond to a complaint?
21 Days
What are the 5 ways the UCC Statute of Frauds can be satisfied?
- A signed writing;
- Merchants Confirmation;
- In court admission;
- Partial Performance;
- Specially Manufactured goods;
What steps should you take when faced with a Statute of Frauds question?
- Does the statute of frauds apply? <span><i>(if not, stop)</i></span>
- Is the statute of frauds satisfied?
- Is there alternative enforcement available?
Larceny v. Robbery
What is the difference?
Larceny ≠ Force used to obtain possession
What is the legal definition of an assignment?
Assignment
a transfer of a right to receive a performance under a contract
What are the elements of Felony Murder?
Felony Murder
Unintentional injury that results in killing
+
Proximately caused
+
During the attempt, commission, or flight from
+
Inherently dangerous felony
What is the majority rule for co-felon murder liability?
What is the minority rule?
Majority
Felony murder liability is limited to the hand of the co felon.
≠ liable for killings of non-felons
Minority
Any death proximately caused by the felony was attributed to all co-felons.
= liable for killings of
What are the requirements of a failed attempted battery assault?
The defendant intended to commit the battery.
+
The intended battery failed
When does the victim of an assualt need to be aware of the threatened battery? When do they not?
Must Be Aware
“Fear of Battery Assault”
Need NOT Be Aware
“Failed Attempted Battery”
When does the Rule Against Perpituities Apply?
- Does not ≠ present estates.
- Only applies to three future interests:
(a) executory interest
(b) contingent remainder
(c) vested remainder subject to open - Two other interests are subject to the rule:
(a) purchase option
(b) right of first refusal - All other future interests are exempt.
More information: rule against perpituities