sunday Flashcards
When D wants to attack victim’s character, can he introduce reputation and opinion evidence?
Yes
Recollection refreshed rule. When can document be admitted?
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.
When can you introduce character evidence in a civil case against defendant? Reputation ev? Prior bad act?
To prove element of the case. Yes. Yes.
When can prosecutor introduce evidence about the D’s character? Reputation? Prior bad act?
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.
When D wants to attack victim’s character, can he introduce prior bad act evidence?
No
Rules for admitting police records?
Fine as a public record, but limited to describing activities of the officer. Worry about hearsay within hearsay.
Recorded recollection hearsay exception.
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)
Must a prior consistent statement to rehabilitate a witness have been made at a formal hearing?
No, similar to impeachment.
Can derivative-use immunity protect a witness from use of the testimony in a civil trial?
No
Remedy if A kills B based on honest but unreasonable self-defense?
Voluntary manslaughter
Result when you get rid of a contingent remainder or executory interest b/c of RAP
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.
Conversion standard
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)
Does trespass to chattels require P to show actual harm?
Yes, or deprivation of the chattel for a substantial length of time
Common law rule when a contingent remainder fails
Stays with the person with the life estate
In cases of removal based on federal question jurisdiction, who must consent?
Only D’s who have fed question claim brought against them.
Removal requirements for class actions
Any D can consent (don’t need consent from all)
Venue when 2 D’s, one foreign and one domestic
Ignore the foreign D, i.e. pretend not there.
Venue for suits against a federal official?
Any of 1) where a D resides, 2) where events arose or property is, OR 3) the P resides IF no real property involved
Venue for suits against the US under the FTCA
1) where a P resides or 2) where events arose
Venue for a case removed from state court
Proper in the district court in the district where the state action was pending
Consequence of failing to make proof of service
Nothing
Deadline for making a motion to require a more definitive statement?
14 days (before you respond).
Allowable rationale for sanctions?
Deterrence
What do you need to disclose at pre-trial disclosure?
Witnesses you expect to call, unless for impeachment
How many requests for admissions?
30
Requirements for a voluntary dismissal?
Before the other party has filed answer or SJ motion, OR if everyone consents.
Do you need PJ over a D to transfer the case?
No
When can a fed court in diversity apply fed common law?
Federal interests at stake
Have you waived PJ if it’s in your amended complaint?
No
Default length for a TRO?
14 days
How is a US citizen domiciled in a foreign country treated for diversity?
No diversity jurisdiction here
If you remove, at what point in time is diversity required?
Both at initial filing and at time of removal.
Rule for former possessor’s rights to ripened fruit on the land?
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.
Rule for priority over a fixture
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.
When is judge not immune from civil liability for damages resulting from his judicial acts?
If clear that he lacked jurisdiction
Requirements for trade libel
Statements injurious to P’s business or products; must be about quality of business.
Exceptions to SOF for sales of goods
1) amount delivered already
2) custom-made goods (triggered once production started)
exception to signature rule for SOF for sales of goods
confirming memo, both parties are merchants, and failure to object w/in 10 days
requirements for replevin by buyer
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
who is responsible for what after an assignment of a lease?
original tenant still in privity of contract w/ landlord so liable for everything. new tenant also liable b/c in privity of estate.
when does mortgage in a fixture get priority over mortgage in the property?
when purchase money mortgage for the fixture and recorded w/in 20 days.
OR if the fixture mortgage was recorded first.
specific bad acts of D in cross-x of a character witness
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
