U World Assessment #2 Block Flashcards
Compensation for takings requires
GOVERNMENT to pay just compensation, NOT private individuals (based on FMV of land)
Note: Just compensation required for ANY taking (no matter how small)
Durational residency requirements are subject to
strict scrutiny if they infringe on the fundamental right to interstate travel
Congress may expand SCOTUS’ appellate jurisdiction but may not expand
SCOTUS’ original jurisdiction
21 day safe harbor for Rule 11 Sanctions is applicable when
an opposing party moves for sanctions, but NOT when the court imposes (having shown cause)
A scheduling order may be modified if
(1) the moving party shows good cause (acted diligently to meet the order’s scheduling deadlines but was unable to do so), and
(2) judge consents
When a party asserts a counterclaim, a crossclaim, or a third party claim, the pleadings do not close until
an answer to that claim has been filed
In a motion for judgement on the pleadings, a court may consider
matters of public record and the contents of the pleadings (including attached exhibits)
Standard of proof to assess a motion for renewed JMOL is
whether there is legally sufficient evidence to support the verdict
Ambiguous terms in a contract are interpreted __, but a contract which is silent as to a term ___
against the party who drafted the contract
has a term supplied which is reasonable for both parties under the circumstances
While modifications of a K under common law require new consideration, it may not be required if
the modification is fair and equitable in light of unanticipated circumstances
When a seller breaches a contract by failing to deliver goods or by anticipatory repudiation, and the buyer chooses to cover, the buyer can recover
the cost of cover, incidental damages, and consequential damages
A contract is divisible if
(1) the parties’ duties can be broken down into at least two corresponding pairs of performances, and
(2) those pairs of performances can fairly be regarded as agreed equivalents
With regards to intended beneficiaries, a party may assert any defense or claim against the beneficiary that
the party could have against the other contracting party
(e.g. A agrees to pay B for prior debt of C. If C breaches, A can raise breach claim against B and reduce amount owed under K)
Under the merger doctrine, acceptance of a warranty deed extinguishes
all the seller’s contractual promises relating to the quality of TITLE (not physical condition)
To avoid the consequences of acceleration, a party must pay
the entire accelerated amount (e.g. NOT just the delinquent amount)
If an easement’s location is not specified, a servient-estate owner may
fix the easement to a reasonable location
A fixture is
tangible property so attached to the real property that it is treated as part of the real property when determining its ownership
When there is a conflict of law issue in a case involving real property, the general rule is
to apply the law of the situs state (where the property is located)
Title insurance policies protect
the named insureds and their heirs, or devisees
(ALSO protects persons who receive the insured property from the named insured or insured’s devisees or heirs by warranty deed)
Brokers owe their principal (either buyer or seller)
fiduciary duties of loyalty, disclosure, and confidentiality
After-acquired title applies when
a grantor conveys property by warranty deed before acquiring title to that property (once grantor receives title, it will automatically transfer to the earlier grantee)
Defense counsel MUST inform the defendant of the possibility that
a guilty plea may affect the defendant’s immigration status
Failure to do so constitutes deficient performance
Under the doctrine of transferred intent (as applied to homicide)
specific intent to kill one person will be transferred to the person actually harmed by the defendant
A warrant is generally required to collect
historic cell-phone site location data, even if it held by a third party (an exception to the general lack of REP defendants have concerning information given to 3rd parties)
All known charges against the defendant do not
need to be brought in the same prosecution
Attempted and completed crimes do not merge when
they have different victims
8th amendment cruel and unusual punishment limitations prevents
(1) death penalty for: juveniles, intellectually deficient persons, adults convicted of non-homicide offenses
(2) No LWOP for juveniles convicted of non-homicide offenses
(3) No mandatory LWOP for juveniles convicted of homicide offenses
A defendant convicted on a lesser offense may not be retried on
the greater offense during appeal (D is effectively acquitted on the greater charge)
Trespass to chattels arises when a defendant
intentionally interferes with a plaintiff’s possession of a chattel
A plaintiff cannot recover damages for purely emotional distress (as opposed to emotional coupled with physical injury or property damage) unless
the plaintiff establishes NIED
Reminder:
-Zone of Danger = D’s negligence put P in danger of immediate bodily harm + D caused P serious emotional distress
-Bystander = D’s negligence injured P’s close relative, P contemporaneously perceived event, event caused P emotional distress
Strict products liability requires proof of
physical harm (e.g. bodily harm or property damage)
Note: Damage to ONLY the product itself does NOT constitute property damage (would be economic and thus not protected under SL theory)
A trial court has broad discretion to
exercise reasonable control over the mode and order of examining witnesses and presenting evidence
Statements made during compromise negotiations in a civil dispute that are offered in a subsequent criminal prosecution are prohibited unless
the negotiations involved a government regulatory, investigative, or enforcement agency
Evidence of an organization’s routine practice is admissible to prove
organization acted in accordance with that practice on a particular occasion (like habit)
The Federal Rules of Evidence, except those relating to privilege, do not apply to
probation revocation hearings OR grand jury proceedings
Extrinsic evidence of a statement is admissible to impeach (e.g. testimony of another to impeach what a witness just said) if
(1) the witness has a chance to explain or deny, and the opposing party can question the witness about it, OR
(2) justice so requires
A prior inconsistent statement may not be introduced as substantive evidence unless it is
excluded or excepted from the rule against hearsay
