Week 3 Flashcards
Where is an unincorporated association domiciled. (aka a partnership)
A partnership is a citizen of every state where its members are domiciled - ie where the members reside and intended to remain indefinitely.
Content-neutral regulations of speech, including cable TV, are constitutional if they satisfy what scrutiny?
Intermediate scrutiny,
Requires gov to prove that the regulation:
1. directly advances an important gov interest and
2. is not substantially more restrictive than necessary to serve that interest.
Under the UUC a party with reas. grounds for insecurity about the other performance has to right to
make a written demand for assurances that the other party will perform the K.
A RFP can be served before the parties hold an initial planning conference, the other party mist respond to that request in writing
Within 30 days AFTER THE Conference.
If the RFP is served AFTER the conference, then the response is due within 30 days after the request is served.
D may be liable for trade libel if he/she makes a
False and derogatory statement about the Quality of the P’s Business or Products, with actual malice and communicates that statement to a 3rd party knowing that it will likely cause (and does cause) the P to suffer pecuniary loss.
Very specific fact pattern.
When can a P recover for libel (in physical form or on radio or television)
If a 3rd party’s reasonable interpretation of the D’s statement would tend to harm the P’s reputation.
If a patient makes a credible threat of physical violence against an ascertainable victim,
Then a mental health professional must warn the would be victim of the risk posed by the patient or take other steps to mitigate that risk.
When is an easement created by estoppel?
Through good faith, reasonable, detrimental reliance on the servient estate owners permission to make a limited use of his/her land.
Fed rule 60 b allows a party to obtain extraordinary relief within how long after entry of a final judgement or order?
Within ONE year, based on
1. mistake, inadvertance, or excusable neglect.
2. newly discovered evidence,
OR
3. an opposing party’s fraud, misrep, or misconduct.
Is evidence that a crim D committed similar bad acts admissible?
No to prove his propensity to commit the charged crime.
But it may be admissible for relevant non-character purposes ie mimic
When is a 3rd party beneficiary intended?
A 3rd party ben. is intended (rather than incidental) if the contracting parties clearly intend for them to benefit from the contract. Only intended bens. can sue to enforce the K.
