Tricky issues Flashcards
When is evidence of a conviction for a crime of dishonesty of more than 10 years ago admissible?
Only if:
- Probative value substantially outweighs prejudicial effect (reverse 403), and
- Reasonable notice given
When is evidence of a conviction for a crime of dishonesty of less than 10 years ago admissible?
At any time
When is evidence of a conviction for a felony of less than 10 years ago admissible against a criminal defendant?
Only if the probative value outweighs prejudicial effect
When is evidence of a conviction for a felony of less than 10 years ago admissible against a non-criminal witness?
Only if the probative value is substantially outweighed by the prejudicial effect (403)
What four factors are evaluated to determine whether something is curtilage?
- Proximity to home;
- Enclosed;
- Nature of uses; and
- Steps taken to keep private
When can evidence about a victim’s sexual conduct or predisposition be admitted in a civil case?
After an in camera hearing, if the probative value of the evidence substantially outweighs the danger of harm to the victim AND unfair prejudice to any party (reverse 403)
When is an inventory search permissible?
When:
- Police have lawful possession of the vehicle; and
- Have acted in accordance with a reasonable, standard policy of routinely securing and inventorying contents
What are the elements of forgery?
- Making a false writing of apparent legal significance;
2. with the specific intent to defraud
If a criminal statute is silent, what is the default mental state read into the statute under the MPC?
Recklessness
Do detainees have the right to file habeas corpus petitions?
Yes, including aliens, unless the privilege is suspended
If a Taking is in response to a public peril, does the government have to provide just compensation?
No
Can the government favor religious interests over nonreligious interests?
No
Do students have a right to a hearing for academic dismissal?
No
Does the Fourteenth Amendment’s Privileges & Immunities Clause apply to the federal government?
No, it only prohibits state–not federal–action that denies natural persons P&I of national citizenship
Does Article IV’s Comity Clause (Privileges & Immunities Clause) apply to the federal government?
No, it only prohibits state–not federal–action discriminating against natural or corporate persons of another state
What factors are relevant to determining whether a defendant has been deprived of his post-accusation right to a speedy trial?
(i) the length of the delay;
(ii) the reason for the delay;
(iii) the defendant’s assertion of a right to a speedy trial; and
(iv) the prejudice to the defendant resulting from the delay.
How many days between custody must police wait to re-open interrogation of a suspect who invokes his Fifth Amendment right to counsel?
14 days or more
What are examples of structural errors requiring mandatory reversal of a criminal trial?
- Biased judge;
- Deprivation of right to counsel;
- Guilty plea entered over D’s objection;
- Batson;
- Exclusion of D from courtroom during trial;
- Denial of public trial or jury trial; or
- Improper instructions on burden of proof
Can federal courts apply federal common law in diversity suits that is in conflict with state law?
No, unless there are prevailing federal interests
Can a defendant’s answer generally deny all allegations in a complaint?
Yes, if done in good faith
How many days after disposition of a pre-answer Rule 12 MTD does the defendant have to file an answer?
14 days
Is additur permitted in federal court?
No, a court cannot increase damages awarded by a jury because it violates the Seventh Amendment right to a jury trial
How many days after a Rule 26(f) discovery conference must the parties make initial disclosures?
Within 14 days, unless the parties otherwise agree
How many days after service of an amended complaint does the D have to file an answer?
within the later of 14 days or the responsive time to the original pleading (21 days)
What is the Wharton Rule?
A conspiracy must have more parties than are necessary to complete the crime
Does a mortgage include improvements to the property?
Yes, generally so
When are restrictions in the recorded declarations of common-interest ownership communities unenforceable?
When illegal, unconstitutional, or against public policy
When are rules adopted by a condominium board unenforceable?
When unreasonable
Under the mailbox rule, if both a rejection and acceptance are sent, which one controls?
The first one received by the offeror
If someone agrees to perform for under market value and the other party breaches, are restitution damages available?
Yes, because otherwise the breaching party could benefit from breach
How can an implied warranty of fitness for a particular purpose be waived?
Only if the disclaimer is in writing and conspicuous
When does a taxpayer have standing for violation of the Establishment Clause?
When it is an appropriation, not a tax credit
Must a court take judicial notice if a party requests it?
Yes, if it judicial notice would be appropriate
Are the owners of wild animals strictly liable to trespassers?
No, except for injuries caused by a vicious watchdog
Is a license or permit to engage in business a property interest under the Due Process clause of the Fourteenth Amendment?
Yes, if it can only be terminated or suspended for cause
What standard governs whether to grant a Rule 59(a) motion for a new trial?
Whether the jury’s verdict is contrary to the great weight of the evidence and setting it aside is necessary to prevent injustice
