Week 4

Question 1

What are the two specific instances of conduct that are admissible to impeach a witnesses character for truthfulness?

Answer 1

1. Convictions of a felony or crime or dishonesty
   OR
2. other bad acts.

Note that a mere arrest is inadmissible for such purposes, but the OP may question the witness on the conduct that led to the arrest.

Question 2

Hearsay exception for the absence of entries in business records applies when:

Answer 2

1. evidence is offered to prove that a matter did not occur or exist,
2. a record was regularly kept for a matter of that kind
3. the opponent does not establish a lack of trustworthiness.

Question 3

Under the doctrine of merger:

Answer 3

All obligations contained in the land sale contract merge into the deed, and can be enforced thereafter only if they are incorporated into the deed.

So for example, a land sale contract that does not mention marketable title, and the deed is accepted by the buyer, the only remedy the buyer has arises from the deed not the contract.

Question 4

A TRO generally applies for how long?

Answer 4

14 days, or until a preliminary-injunction hearing can take place - which ever occurs first.

Question 5

When can a court extend a TRO beyond 14 days?

Answer 5

1. if the opposing party consents
   OR
2. the movant provides good cause

Question 6

Does the President have absolute authority to remove federal executive officers?

Answer 6

Yes, any limitation on this power is unconstitutional. Except for officers of a multimember body that is balanced along partisan lines w no executive power, or lack policymaking or admin authority.

Question 7

A state law that discriminate against a quasi-suspect class must satisfy what level of scrutiny?

Answer 7

Intermediate scrutiny. which imposes the burden on the state to prove that the law is substantially related to an important state interest.

Question 8

If a debt is disputed in good faith, then a debtor can

Answer 8

Offer to satisfy the debt by giving the creditor a check with a conspicuous “payment in full” notation. But if the debt is liquidated (ie, certain and undisputed in amount), then it cannot be satisfied by a check for a lesser amount- even if the creditor cashes the check.

Specific facts, checks and writing on the checks. Look for if the amount if liquidated or actually in good faith dispute is key.

Question 9

Direct restraints on alienation (eg. prohibitions on some or all types of transfers) are valid only if:

Answer 9

deemed reasonable. Total restrictions on the alienability of fee simple estates are always unreasonable!

Question 10

If multiple D’s were negligent and any one of them could have caused the P’s harm, J and S liability allows the P to recover from any of them, even if impossible to prove who cause harm.

BUT the P must first show that:

Answer 10

Each of the D’s was negligent.

Question 11

If a mistake involving a material term arises:

Answer 11

Ordinarily results in no contract if neither or both parties knew or has reason to know of the misunderstanding.

However, one party can waive the misunderstanding and enforce the K in accordance with the other party’s understanding.

Question 12

The free exercise clause allow the gov. to question whether a religious belief is

Answer 12

Sincerely held but not wether that belief is reasonable or not.

Look for key words sincerely and reasonable. Gov can question the sincerity.