sunday

Question 1

When D wants to attack victim’s character, can he introduce reputation and opinion evidence?

Answer 1

Yes

Question 2

Recollection refreshed rule. When can document be admitted?

Answer 2

For witness’s memory to be refreshed, they can look at any document, whether they wrote it or not, or when it was written. It can then be introduced as evidence only by the other side as impeachment.

Question 3

When can you introduce character evidence in a civil case against defendant? Reputation ev? Prior bad act?

Answer 3

To prove element of the case. Yes. Yes.

Question 4

When can prosecutor introduce evidence about the D’s character? Reputation? Prior bad act?

Answer 4

To prove M.O. or motive; if D put own character at issue; also if D argued self-defense and challenged victim’s character. For second 2, only reputation and opinion. To prove m.o. can use prior bad acts.

Question 5

When D wants to attack victim’s character, can he introduce prior bad act evidence?

Answer 5

No

Question 6

Rules for admitting police records?

Answer 6

Fine as a public record, but limited to describing activities of the officer. Worry about hearsay within hearsay.

Question 7

Recorded recollection hearsay exception.

Answer 7

If the witness wrote (or once knew about and adopted) the document themselves when fresh in their minds, and they don’t remember now, they can read the document as their testimony (hearsay exception). They can’t introduce the document itself into evidence. The other side can introduce it as evidence to impeach the witness (but not for substantive evidence)

Question 8

Must a prior consistent statement to rehabilitate a witness have been made at a formal hearing?

Answer 8

No, similar to impeachment.

Question 9

Can derivative-use immunity protect a witness from use of the testimony in a civil trial?

Answer 9

No

Question 10

Remedy if A kills B based on honest but unreasonable self-defense?

Answer 10

Voluntary manslaughter

Question 11

Result when you get rid of a contingent remainder or executory interest b/c of RAP

Answer 11

The person with the life interest or the fee subject to executory interest retains their interest, but instead of going to the violating person it goes back to the owner’s estate.

Question 12

Conversion standard

Answer 12

Conversion is an exercise of dominion or control over the plaintiff’s personal property such that the court is justified in requiring the defendant to pay the plaintiff the full value of the property.
-If full value would be too much, then trespass to chattels (hitting someone’s car w/ a hammer)

Question 13

Does trespass to chattels require P to show actual harm?

Answer 13

Yes, or deprivation of the chattel for a substantial length of time

Question 14

Common law rule when a contingent remainder fails

Answer 14

Stays with the person with the life estate

Question 15

In cases of removal based on federal question jurisdiction, who must consent?

Answer 15

Only D’s who have fed question claim brought against them.

Question 16

Removal requirements for class actions

Answer 16

Any D can consent (don’t need consent from all)

Question 17

Venue when 2 D’s, one foreign and one domestic

Answer 17

Ignore the foreign D, i.e. pretend not there.

Question 18

Venue for suits against a federal official?

Answer 18

Any of 1) where a D resides, 2) where events arose or property is, OR 3) the P resides IF no real property involved

Question 19

Venue for suits against the US under the FTCA

Answer 19

1) where a P resides or 2) where events arose

Question 20

Venue for a case removed from state court

Answer 20

Proper in the district court in the district where the state action was pending

Question 21

Consequence of failing to make proof of service

Answer 21

Nothing

Question 22

Deadline for making a motion to require a more definitive statement?

Answer 22

14 days (before you respond).

Question 23

Allowable rationale for sanctions?

Answer 23

Deterrence

Question 24

What do you need to disclose at pre-trial disclosure?

Answer 24

Witnesses you expect to call, unless for impeachment

Question 25

How many requests for admissions?

Answer 25

30

Question 26

Requirements for a voluntary dismissal?

Answer 26

Before the other party has filed answer or SJ motion, OR if everyone consents.

Question 27

Do you need PJ over a D to transfer the case?

Answer 27

No

Question 28

When can a fed court in diversity apply fed common law?

Answer 28

Federal interests at stake

Question 29

Have you waived PJ if it’s in your amended complaint?

Answer 29

No

Question 30

Default length for a TRO?

Answer 30

14 days

Question 31

How is a US citizen domiciled in a foreign country treated for diversity?

Answer 31

No diversity jurisdiction here

Question 32

If you remove, at what point in time is diversity required?

Answer 32

Both at initial filing and at time of removal.

Question 33

Rule for former possessor’s rights to ripened fruit on the land?

Answer 33

If natural, none. If they planted it and it’s now ripe, they get to harvest it. If former tenant and lease was uncertain length and ended not through their fault, they get too.

Question 34

Rule for priority over a fixture

Answer 34

If conflict between the mortgagee of real property and the holder of a security interest in a fixture attached to the real property, the first to record has priority over the fixture.

Question 35

When is judge not immune from civil liability for damages resulting from his judicial acts?

Answer 35

If clear that he lacked jurisdiction

Question 36

Requirements for trade libel

Answer 36

Statements injurious to P’s business or products; must be about quality of business.

Question 37

Exceptions to SOF for sales of goods

Answer 37

1) amount delivered already

2) custom-made goods (triggered once production started)

Question 38

exception to signature rule for SOF for sales of goods

Answer 38

confirming memo, both parties are merchants, and failure to object w/in 10 days

Question 39

requirements for replevin by buyer

Answer 39

1) identified goods, buyer can’t cover
2) identified goods, partial payment made, and either a) seller becomes insolvent w/in 10 days of receiving payment, or b) the goods were for household/personal purposes

Question 40

who is responsible for what after an assignment of a lease?

Answer 40

original tenant still in privity of contract w/ landlord so liable for everything. new tenant also liable b/c in privity of estate.

Question 41

when does mortgage in a fixture get priority over mortgage in the property?

Answer 41

when purchase money mortgage for the fixture and recorded w/in 20 days.
OR if the fixture mortgage was recorded first.

Question 42

specific bad acts of D in cross-x of a character witness

Answer 42

Generally, when character evidence is admissible as evidence in a criminal case (e.g., evidence of good character introduced by the defendant), specific instances of a person’s conduct are not admissible. Character must be proved by either reputation or opinion testimony. However, when a character witness is cross-examined, the court may allow a party to inquire into specific acts committed by the person about whom the witness is testifying