Themis Multiple Choice Flashcards
To recover under a theory of the public disclosure of private facts about someone, the plaintiff must show that
i) the defendant gave publicity to a matter concerning the private life of another,
AND
(ii) the matter publicized is of a kind that would be highly offensive to a reasonable person and is not of legitimate concern to the public.
Declarant must be unavailable for hearsay in which of the following circumstances
Statement against interest
former testimony
dying declaration
pedigree/family
forfeiture by wrongdoing
Past physical or mental condition - CA only
Threat of physical harm -CA only
Younger abstention doctrine,
a court will not enjoin a pending state criminal case in the absence of bad faith, harassment, or a patently invalid state statute. Usually applies when the defendant
Pullman abstention doctrine
federal court may refrain from ruling on a federal constitutional claim that depends on resolving an unsettled issue of state law best left to the state courts
Younger abstention doctrine usually applies when the D
has been convicted of the crime for which he has been charged in state court
A statement made by a party to the current litigation and its being offered by an opposing party is
not hearsay
Compelled removal of the billboards’ message constitutes a content-based regulation of speech. The state may only regulate the content of speech if the regulation is
ecessary to achieve a compelling government interest and is narrowly tailored to meet that interest.
Content-based regulation is generally only found constitutional when the speech to be regulated falls into one of the following categories:
obscenity, subversive speech, fighting words, defamation, or commercial speech
General rule as it relates to a fixture
ownership of a fixture attached to real property passes to the buyer of the related real property
Claim Preclusion : “VSS”
Issue Preclusion : “SAFE”
Same issue
Actually Litigated
Final Judgement on the Merits
Essential to the Judgement (The Issue was essential)
Private nussiance
substantial, unreasonable interference with another individual’s use or enjoyment of his property.
what must the interference be with a private nussiance
The interference may be intentional, negligent, reckless, or the result of abnormally dangerous conduct.
when does the waste doctine apply
is available only to individuals who both hold interests in the same property, such as a life tenant and a remainderman, or joint tenants.
Constructive eviction is based upon the
landlord’s substantial interference with the tenant’s use and enjoyment of the leasehold premises by breaching a duty owed by the landlord to the tenant.
Public nussiance requires that the D to
unreasonably interfere with the health, safety, or property rights of the community.
When a statute on its face or in practice is discrimatory then the statute may be upheld if the state can establish:
(i) an important local interest is being served, and
(ii) no other nondiscriminatory means are available to achieve that purpose.
Solicitation is the
enticing, encouraging, requesting, or commanding of another person to commit a crime with the intent that the other person commits the crime.
How can you encourage someone for solicitation
The encouragement may take the form of enticement, incitement, request, or command. The crime is completed upon the encouragement.
when is the crime completed under a solicitation
The crime is completed upon the encouragement.
Does the person need to agree to the crime if there is a solicitation
no
Firefighter rule
an emergency professional, such as a police officer or firefighter, is barred from recovering damages from the party whose negligence caused the injury if the injury results from a risk inherent in the job.
Contracts clause of Article 1 Section 10 prohibits
state legislation from retroactively impairing the obligation of contracts.
Contracts clause does not apply to
federal action or court decision
Can you use claim of right for Robbery
no
Right to lateral support
A landowner has a right to lateral support from adjoining land. If the adjoining land has been improved (i.e., is not in its natural state), the excavating landowner is strictly liable for any damage caused by the excavation only if the land would have collapsed in its natural state (regardless of the improvement)
Under Rule 23(b)(3), a class can be certified only if
questions of law or fact that are common to the class members predominate over any questions affecting only individual members.
When does the 6A right to counsel attach
formal judicial proceedings have begun, whether that be at a post-arrest initial appearance before a judicial officer, or by way of formal charge, preliminary hearing, indictment, information, or arraignment.
Generally, a contract for the commission of a tort is unenforceable as against public policy. However, if a party to the contract is unaware of the facts that make performance of the contract tortious, that party may recover under the contract if the
ther party to the contract had knowledge of such facts.
Equitable servitudes are covenants about land use that are enforced in equity by
Injunction
Consequential damages are recoverable if they were
the natural and probable consequences of breach, or if they were in the contemplation of the parties at the time the contract was made, or if they were otherwise foreseeable.
Generally, religious activities conducted in public schools violate
Establishment clause because it promotes religion
n a pure comparative negligence jurisdiction, a plaintiff’s contributory negligence is
not a bar to recovery
How do you calculate damages in a pure comparative negligence JDX
calculated by the tier of fact & refuced by the amt. can recover
Statement made by a declarant who is unavailable to testify at trial is not excluded as hearsay if
statement was against the declarant’s interest at the time it was made and would not have been made by a reasonable person unless he believed it to be true
Police may stop an automobile at a checkpoint without reasonable, individualized suspicion of a violation of the law if the stop is based on
neutral, articulable standards, and its purpose is closely related to an issue affecting automobiles.
In order to join defendants in a single action, the plaintiff’s right to relief must be asserted against
joint,severally or alternative with respect to or arising out of the same transaction or occurrence.
when there is a forum selection clause and there is a motion to transfer the venue, what should the court do?
Consider the motion, because the court should weigh all factors including the presence of a forum clause to decide whether to grant the transfer
when determining whether to do an erie analysis, the threshold question is whether there is a
controlling federal rule or federal statute
what happens during erie if there is a controlling federal rule or statute
you apply it