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1
Q

What is non-hearsay?

A

W-ICId
O-PAE

Declarant-witness:

  • Prior inconsistent statement
  • Prior consistent statement for rehabilitation
  • Prior identification

Party-opponent:

  • Made or adopted by party (anything they say)
  • Adoptive admission
  • Made by agent, employee, coconspirator, or authorized person
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2
Q

What are the hearsay exceptions with an unavailable declarant?

A

DAFTC

  • Former testimony
  • Dying declaration
  • Statement against interest
  • Personal/family history
  • Against party that wrongly caused declarant’s absence
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3
Q

What are the hearsay exceptions regardless of declarant availability?

A

REC MedIUM
LT PR BR J

  1. Present sense impression
  2. Excited Utterance
  3. Then-existing state of mind
  4. Statement made for medical diagnosis/treatment
  5. Recorded recollection (no longer able to testify)
  6. Business records
  7. Public records
  8. Learned treatises
  9. Judgment of previous conviction
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4
Q

What are the grounds for a voidable marriage?

A

I FAIL (Impotence, Fraud, Age, Intoxication, Lackofintent)

  1. Age
  2. Impotence
  3. Intoxication
  4. Fraud, misrepresentation, duress, coercion, or force
  5. Lack of intent
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5
Q

What are the fault grounds for divorce?

A

AID, BIICH (Adultery, Indignity, Desertion; Bigamy, Institutionalization, Imprisonment, Cruelty, Habitualdrunkenness)

  1. Adultery
  2. Cruelty
  3. Desertion
  4. Habitual Drunkenness
  5. Bigamy
  6. Imprisonment
  7. Indignity
  8. Institutionalization
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6
Q

What factors are typically considered when awarding spousal maintenance?

A

CSTL FAM (Contributions, Standard of living, Time to find employment, Length of marriage, Finances, Age, Misconduct)

  1. Financial resource
  2. Standard of living
  3. Time for spouse to find employment or training
  4. Length of marriage
  5. Contributions to marriage
  6. Age and health of parties
  7. Marital misconduct
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7
Q

When is a marital agreement enforceable?

A

FF VI’S

  1. Full disclosure
  2. Fair and reasonable
  3. Voluntary
  4. In writing
  5. Signed
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8
Q

When can a state enact legislation discriminating against out-of-state commerce?

A

PANTS (Participant, Approval, Necessary, Traditional, Subsidy)

  1. Necessary to important state interest, no other nondiscriminatory means available
  2. State as Market Participant
  3. Traditional gov’t function exception
  4. Subsidies
  5. Federal/Congressional Approval
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9
Q

When is the government permitted to restrict speech on the basis of content?

A

OI, FDC

  1. Obscenity
  2. Incitement to violence
  3. Fighting Words
  4. Defamation
  5. Commercial speech
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10
Q

What is strict scrutiny?

A

The law must be the least restrictive means to achieve a compelling governmental interest.

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11
Q

Define intermediate scrutiny

A

The law must be substantially related to an important governmental interest.

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12
Q

Define strict scrutiny, intermediate scrutiny, rational basis

A

Strict Scrutiny: the law must be the least restrictive means of achieving a compelling gov’t interest

Intermediate Scrutiny: Substantially related to an important gov’t interest

Rational basis: Rationally related to a legitimate gov’t interest

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13
Q

What are the formal execution requirements for a valid will?

A

WSJ, I U2

Writing
Signed
Intent
Joint presence of two witnesses
Witnesses understand significance of the testator’s act
Witnesses understand the will has no legal effect until after the testator’s death

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14
Q

When may a defendant be liable to a third-party victim for intentional infliction of emotional distress?

A
  1. the ∆ intentionally or recklessly causes severe emotional distress to
    2a. a member of the victim’s immediate family who contemporaneously perceives the ∆’s conduct, whether or not it results in bodily injury
    2b. any other bystander who contemporaneously perceives the conduct, if the distress results in bodily injury.

If ∆’s design or purpose was to cause sever distress to 3P victim, victim need not have contemporaneously perceived conduct.

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15
Q

What are the elements of Intentional Inflection of Emotional Distress?

A

IOCD

  1. Defendant’s intentional or reckless
  2. Extreme and outrageous conduct
  3. That causes
  4. Severe emotional distress
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16
Q

When is the search of an automobile permitted as an exception to the search warrant requirement?

A

When police have probable cause, they may search anywhere in a car that they believe there to be contraband, including trunk and locked containers. Only applies to compartments/containers that could reasonably hold the evidence they are searching for.

17
Q

What is curtilage?

A

The area immediately surrounding the home, known as “curtilage”, may be covered by the “umbrella” of the 4A protection.

  1. Proximity of area to home
  2. Is area included within an enclosure surrounding the home
  3. Nature of the uses to which the area is put
  4. Steps taken to protect area from observation from passersby
18
Q

What are the 7 exceptions to the search warrant requirement?

A

T EX, C A V IL Administrator

  1. Searches incident to lawful arrest
  2. Exigent circumstances
  3. Stop and frisk (Terry stops)
  4. Automobiles
  5. “Plain-view” doctrine
  6. Consent searches
  7. Administrative, special needs, inventory searches
19
Q

What is a protective sweep, and when is it permitted?

A

A protective sweep is a quick and limited visual inspection of places immediately adjacent to the place of arrest in which a person might be hiding. It is permitted as a search incident to a lawful arrest that occurs in a home, even without probable cause or reasonable suspicion.

20
Q

What are the three types of mandatory disclosures?

A
  1. Initial disclosures
  2. Disclosure of expert testimony 90 days before trial
  3. Pretrial disclosures 30 days before trial
21
Q

What are the four requirements to admit a record under the recorded recollection hearsay exception?

A
  1. Record is on a matter the witness once knew about
  2. Witness made/adopted the record when fresh in memory
  3. Accurately reflects witness’s knowledge
  4. Witness cannot recall event well enough to testify fully and accurately, even after consulting the record on the stand.
22
Q

What are the business records hearsay exception requirement?

A
  1. Record kept in the course of a regularly conducted activity of a business, organization, occupation, or calling
  2. Making of record was a regular practice of that activity
  3. Record made at or near the time by someone with knowledge.
23
Q

What is the best evidence rule, and what are its exceptions?

A

If contents of a document are at issue, or a witness is relying on the contents of that document, the best evidence rule requires that the original document be produced to prove its contents, unless:

  1. All originals are lost or destroyed, and not by proponent acting in bad faith
  2. Original cannot be obtained by any available judicial process
  3. Party against whom original would be offered (a) had control of original, (b) was on notice that it would be the subject of proof, and (c) failed to produce it at trial or hearing, or
  4. Document is not closely related to a controlling issue.
24
Q

When is character evidence admissible in civil cases, and in what forms?

A

When character evidence is an essential element of a claim or defense.

When admissible in a civil case, character may be proved by reputation, opinion, and specific instances of a person’s conduct.

25
Q

What are 3 instances in which specific acts are admissible in criminal cases?

A
  1. When character is an essential element of a charged crime, and a ∆ offers specific acts inconsistent with the crime
  2. For non-propensity purposes (MIMIC: Motive, Intent, absence of Mistake, Identity or Common plan)
  3. When character witness is asked on cross-examination about specific acts committed by the person about whom the witness is testifying.
26
Q

When does a statement by an unavailable declarant qualify as a “statement against interest” hearsay exception?

A
  1. Was against declarant’s interest at the time it was made

2. Would not have been made by a reasonable person unless he believed it to be true

27
Q

What are the two spousal privileges?

A

Spousal Immunity: For the duration of the marriage, a married person cannot be compelled to testify against their spouse in any criminal proceeding. ONLY CLAIMED BY SPOUSE CALLED TO TESTIFY

Confidential Marital Communications: Communication made between spouses while they were married is privileged if the communication was made in reliance on the sanctity of marriage. CLAIMED BY EITHER

28
Q

What is involuntary manslaughter?

A

Unintentional homicide committed

  1. With criminal negligence (or recklessness under MPC), or
  2. During an unlawful act
29
Q

What is voluntary manslaughter?

A

Homicide committed with malice aforethought, but also with mitigating circumstances (“heat of passion” or imperfect defense)

30
Q

What are the three elements of common-law solicitation?

A
  1. Enticing, encouraging, requesting, or commanding of another person
  2. To commit a crime
  3. With the intent that the other person commits the crime.
31
Q

What are the seven elements that identify someone as an independent contractor rather than employee?

A
  1. Bears risk and benefits from good management
  2. Maintains high level of independence
  3. Is free to work for others
  4. Agrees to be paid a fixed fee
  5. Receives payment based on results
  6. Is liable for work performed
  7. Accepts responsibility to remedy defects at her own expense
32
Q

What four elements are required to create an agency relationship?

A
  1. Principal manifests assent to an agent
  2. Agent acts on principal’s behalf
  3. Agent’s actions are subject to principal’s control
  4. Agent manifests assent or otherwise consents
33
Q

What does a partner’s duty of care entail?

A

Refrain from engaging in:

  1. Grossly negligent or reckless conduct
  2. Intentional misconduct
  3. Knowingly violating the law
34
Q

How many a person become a limited partner after the limited partnership is formed?

A

A person may become a limited partner upon written consent of all partners, unless the partnership agreement provides otherwise.

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