Bar Prep Simple editor Flashcards
(370 cards)
The Agreement to enforce a Sale on a Land must be: (02)
In Writing and
signed by the person to be charged (the Defendant)
Plaintiff claim for misrepresentation will succeed if : (06)
- A representations was made
- The representations were fake
- When made, the Defendant knew it was false or knowingly it was reckless without truth
- was with the intention for the plaintiff rely on it
- the plaintiff did rely
- Plaintiff suffered a harm because of it
Joint Tenancy can be terminated by: (02)
- Partition / Severance (division of the land)
2. Convey
a Joint Tenancy with Right of survivorship could be terminated : (03)
- Sale or Transfer
- Partition
- Mortgage in title theory states
<p>Life State (or state for life) is:</p>
<p>a tenancy of a person for the duration of life , could be for the duration of the same tenant of the life duration of another.</p>
<p>In order to have an easement by prescription it must be show: (Easement, right to use a track of another's land)</p>
<p>the possession is:
Adverse / hostile
Public / Notorious
Continuous</p>
<p>A licensee is a</p>
<p>Person with permission to use someone's else land for his own purpose.
Social guys would be a licensee</p>
<p>vested remainder</p>
<p>A remainder is vested if the beneficiaries are ascertainable and their taking in possession is not subject to a condition precedent.</p>
<p>vested remainder subject to open</p>
<p>created in a class of persons that is certain to take but is subject to diminution by reason of others becoming entitled to take</p>
<p>self-defense:</p>
<p>A person is entitled to use such force as he reasonably believes is necessary to protect himself against the use of unlawful force on himself.</p>
<p>Rule 26(f) conference</p>
<p>the parties must confer to consider:
1. their claims and defenses,
2. the possibility of settlement,
3. initial disclosures
4. and a discovery plan.</p>
<p>Embezzlement</p>
<p>the fraudulent conversion
of the property of another
by a person in lawful possession of it.</p>
<p>Larceny</p>
the taking and carrying away
of the property of another
by trespass
with the intent to permanently deprive the person of the property.
(The intent to permanently deprive must be concurrent with the taking and carrying away)
larceny by trick
the taking and carrying away
of the property of another
by trespass
with the intent to permanently deprive the person of the property
+ by some misrepresentation or fraud concerning a present or past fact
Thirteenth Amendment
<p>prohibits slavery</p>
Torts
prima facie case for negligence requires the plaintiff to show:
(i) duty: on the part of the defendant to conform to a specific standard of conduct for the protection of the plaintiff against an unreasonable risk of injury;
(ii) breach of that duty by the defendant;
(iii) that the breach was the actual and proximate cause of the plaintiff’s injury; and
(iv) damage to the plaintiff’s person or property.
<p>Model Penal Code, a defendant is entitled to acquittal if he suffered from a mental disease or defect and as a result lacked substantial capacity to either:</p>
<p>(i) appreciate the criminality of his conduct; or
| (ii) conform his conduct to the requirements of law.</p>
<p>Durham insanity test</p>
<p>his crime was the product of mental disease or defect.</p>
<p>M’Naghten rule:
provides for acquittal if a disease of the mind caused a defect of reason, such that the defendant lacked the ability at the time of his actions to either: </p>
(i) KNOW the wrongfulness of his actions; or
(ii) UNDERSTAND the nature and quality of his actions.
Assault
(i) an attempt to commit a battery, or
(ii) 1. the intentional creation,
2. other than by mere words,
3. of a reasonable apprehension in the mind of the victim of imminent bodily harm
<p>battery elements</p>
<p>(i) AN ACT by defendant that brings about a harmful or offensive contact to the plaintiff’s person,
(ii) with the INTENT on defendant’s part to bring about harmful or offensive contact, and
(iii) CAUSATION</p>
<p>contingent remainder:</p>
- Taking is subject to a condition precedent, or
- It is created in favor of unborn or unascertained persons.
<p>Summary judgment may be granted if:</p>
<p>from the pleadings, affidavits, and discovery materials, it appears that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law</p>
<p>The court may not decide disputed fact issues on a motion for summary judgment; if</p>
there is a genuinely disputed material fact (meaning a dispute backed by evidence on both sides of the issue)
Depending on the circumstances, strict liability may be imposed on the owners of what type of animals?
strict liability may be imposed on the owners of wild animals, domestic animals, and trespassing animals.
an abnormally dangerous activities for strict liability is if?
if it creates a foreseeable risk of serious harm even when reasonable care is exercised by all actors
The owner of a dog or other family pet with known dangerous propensities will be held s_______ liable for damage caused by the animal.
strictly
It is an abnormally dangerous activity because:
(i) it creates a foreseeable risk of serious harm even when reasonable care is exercised by all actors; and (ii) the activity is not a matter of common usage in the community.
An owner of a wild (i.e., nondomestic) animal, even one kept as a pet, will be strictly liable for:
the damage caused by the animal.
strict liability do not require that suppliers have an opportunity to _______ .
Inspect
for a case based on the sale of a defective product, a retailer in a strict liability action may be liable for a manufacturing or design defect simply for being a commercial supplier of that defective product, even if it had no opportunity to:
inspect the manufacturer's product before selling it.
There is products liability based on strict tort liability when the case consists of the following (04):
(i) the defendant is a commercial supplier; (ii) the defendant produced or sold a product that was defective when it left the defendant's control; (iii) the product was the actual and proximate cause of the plaintiff's injury; and (iv) the plaintiff suffered damages to person or property.
A principal will be vicariously liable for the tortious acts of her independent contractor if the independent contractor is engaged in activities
inherently dangerous
An employer owes a duty to all those who may foreseeably come into contact with his employee to exercise due care in the (03):
hiring, supervision, and retention of the employee
A contract for the sale of land contains an implied promise by the seller that she will deliver to the buyer a _______ title at the time of closing.
marketable
If the buyer determines, prior to closing, that the seller's title is unmarketable, he must notify the seller and
allow a reasonable time to cure the defect
An easement that reduces the value of the property (e.g., an easement of way for the benefit of a neighbor) generally renders title
Unmarketable
seller's obligation is to furnish marketable title when
Criminal attempt is an act that, although done with the intention of committing a crime
falls short of completing that crime
If the defendant has the intent to perform an act and obtain a result that, if achieved, would constitute a crime, but it was not achieved, this is
Attempt
If Arson could not be completed, are you guilty of attempt of arson?
A defendant may serve a third-party complaint as of right within
14 days of serving his original answer. Thereafter, he must make a motion to serve the complaint, and it is within the trial court's discretion whether to grant or deny the motion.
1. the publication was of private information about the plaintiff and 2. the public disclosure of this private information would be highly offensive to a reasonable person.
Public Space (but be aware of the False Lights cases)
Larceny is
-the taking and carrying away of the personal property of another -by trespass -with the intent to permanently deprive the owner of his interest in the property. (The element of carrying away, or asportation, is satisfied as long as there is some movement of the property as a step in carrying it away. The movement need only be slight as long as it was part of the carrying away process.)
A life tenant is entitled to
A defendant breaches a duty to avoid infliction of emotional distress when he creates a
foreseeable risk of physical injury to the plaintiff caused by a threat of physical impact that leads to emotional distress.
Damages as consequence of negligent infliction of emotional distress are recoverable if the Plaintiff can show
some physical injury, rather than purely emotional distress
An accomplice person, to be considered an accomplice, must have
given aid, counsel, or encouragement with the intent to aid or encourage the principal and the intent that the principal commit the substantive offense
Attempted murder is a specific intent crime and requires the intent to
Kill
A defendant may object to personal jurisdiction in two ways:
(i) by raising it in a pre-answer motion to dismiss under Rule 12(b); or (ii) if he has not moved under Rule 12(b), by raising the defense in his answer. (if the objection is not brought in the first motion or answer by the Defendant, the right is waived)
Adverse possession must be
Trespass to chattels requires:
(i) an act of defendant that interferes with plaintiff’s right of possession in the chattel, (ii) intent to perform the act bringing the interference with plaintiff’s right of possession, (iii) causation, and (iv) damages.
Summary judgment may be granted if, from the pleadings, affidavits, and discovery materials, it appears that there is no genuine dispute of
a material fact
The concept of “exceeding one’s authority” is referred to an employer an employee when the employer wants to raise this as a defense in order to avoid
vicarious liability for the tortious conduct of an employee by arguing that the employee acted outside the scope of her employment.
identification of the defendant’s voice does not require such specialized knowledge; rather, all that is required
familiarity with the voice
Work product is defined as
material prepared in anticipation of litigation.(is not privilege at the discovery)
Easement in gross
has a right to use the servient tenement independent of her ownership or possession of another tract of land
The Tenth Amendment reserves to the states power that is
not granted to the Federal Government
Hearsay is
An out-of-court statement, offered in evidence to prove the truth of the matter asserted.
Hearsay dying declaration exception:
-statement made by an unavailable declarant -while believing her death was imminent -that concerns the cause or circumstances of what she believed to be her impending death is admissible. (The declarant need not actually die as a result of the circumstances giving rise to her belief of imminent death, but can't be available to testify).
Federal courts have judicial power over all “cases and controversies” that:
The Supreme Court can review a decision from the highest court in a state if
Standing Redressibility is:
provides that a decision in the plaintiff’s favor must be able to remedy the harm.
the claim will be considered moot if:
An organization has standing to challenge government actions that cause an injury to its members if the organization can demonstrate the following three facts
(i) An injury in fact to the members of the organization that would give individual members a right to sue on their own behalf; (ii) The injury to the members is related to the organization’s purpose; and (iii) The nature of the claim or the relief requested DOES NOT requires participation of the individual members in the lawsuit.
A person has standing if she can demonstrate:
Accomplice (modern statute)
Inchoate Offenses is defined
incomplete crimes. | Conspiracy Solicitation Attempt
Conspiracy
Conspiracy Withdraw
There is no withdraw from conspiracy.
Solicitation
Asking someone to commit a crime. (Solicitation merges to -> Conspiracy if the crime was committed)
Attempt
Murder
unlawful killing of another human being WITH MALICE (mens rea of killing )
1st degree murder could be any of:
Voluntary Manslaughter is
Involuntary Manslaughter
Battery (elements)
Assault
Attempt to commit battery or Intentional creation of reasonable apprehension or imminent bodily harm (no touching) (the victim must have to see the assault coming)
4th Amendment
Unreasonable Search and Seizure
5th Amendment (criminal):
Prohibition against cruel and unusual punishment. Death penalty. Prisoner rights
Terry Frisk "pat down" possible if:
valid stop + reasonably believes the person is armed +Plain feel that something is a weapon or contraband
-Moderate chance to find evidence of an wrongdoing - Measures adopted for the search are reasonably related with the objectives of the search - Is not Excessively intrusive
5th Amendment (Miranda) is required when:
A suspect is In custodial for interrogation
in order to waive the Miranda, the Defendant have to do it (02):
Jeopardy attaches when: (Jury trial): (Bench trial):
Jury trial: when the jury is sworn. | Bench trial: when the first witness is sworn
Judgment as a matter of law is when:
the evidence presented is so one-side that the movant is entitled to a judgment as a matter of law. Can be raised after a jury verdict only if it was raised also before the entry of the judgment.
a Judgment on default can be set aside for shown:
Good Cause
contracts for the sale of land do not require the seller to hold title at the time she enters into the contract. She is only required to have marketable title at the date of
Closing
Due process requires in criminal cases that the state prove
Guilty without reasonably doubt
Any person can testify to the authenticity of another's signature as long as that witness has seen the person's signature and can express an opinion regarding its authenticity. The only restriction is that a non-expert cannot become familiar with the handwriting merely for the purpose of testifying. The person testifying had to have seeing the signature how many times before?
only one previous time is enough to be familiarized with the signature
Evidence that a defendant had made any reparations after an accident is inadmissible because, for ________ ________, evidence of repairs or other precautionary measures made after an injury is inadmissible to prove negligence or culpable conduct
public policy reasons
Article II, Section 2 of the United States Constitution grants the President the power to grant reprieves and pardons for offenses against the United States, except in cases of
impeachment.
Under modern statutes, parties to a crime are divided into three different categories. Principals are those who: An accomplice is one who: A third category is "an accessory after the fact."
accessory after the fact (person / criminal)
receives, relieves, comforts, or assists another knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction. Unlike an accomplice, an accessory after the fact has committed a separate crime with a punishment unrelated to the felony committed.
Claim preclusion (res judicata) requires that
(i) a valid, final judgment on the merits was entered in the first case; (ii) the cases were brought by the same claimant against the same defendant; and (iii) the same cause of action is involved in the later lawsuit.
A person may use deadly force in self-defense if he:
if the defendant was using the chattel without permission and it was accidentally damaged, would be considered
Conversion (mayor harm or complete loss of the chattel/property)
the intentional interference with the plaintiff's right of possession in the chattel that is serious enough to warrant that the defendant pay the full value of the chattel.
Conversion
In a unilateral contract, acceptance of an offer is possible only by performing a stipulated act, whereas in a bilateral contract, acceptance of an offer is accomplished by promising to do the stipulated act.
A notice of dismissal (not motion to dismiss!) is only proper if
the defendant has not answered or filed a motion for summary judgment.
Contracts: | parol evidence rule
States are allowed to give to its citizens ______ protections (than the protections express in Fed Law) , unless Congress says you can't.
States are allowed to give to its citizens GREATER protections (than the protections express in Fed Law) , unless Congress says you can't
Standing (elements 03)
Unfair Prejudice:Relevant evidence is admissible unless it prejudicial impact substantially outweighs its probative value.This meaning,
would cause jurors to decide the suit on emotional basis.
Under rule 403a trial judge has broad discretion to exclude relevant evidence if:
1. its probative value is substantially outweighed by the danger of unfair prejudice (jurors an emotional basis) 2. confusion of the issues 3. misleading the jury
Taking "judicial notice" (Judicial fact) of a fact as evidence in civil cases and criminal cases:
Character Evidence: Is evidence that a person has a propensity to act in certain way because of his character trait. This is generally inadmissible. Exception: Criminal: Civil:
Evidence of past crimes of misconduct may not be admitted to show the Defendant's criminal character of his disposition to commit the present crime.Exception:
MIMIC Motive, Intention, Mistake (lack of), Identification, Common Scheme
```Impeach a Witness: Extrinsic proof of a prior inconsistent statement is admissible to impeach a witness's testimony if:
(The witness is at court) The witness is given an opportunity to explain or deny the statement. - If the witness is subject to cross-examination and the prior inconsistent statement was made at a prior trial or in a deposition it is admissible non-hearsay.
Civil Pro.Claim Preclusion.
To apply, there must have been: 1. Valid / final judgment on the merits 2. Both parties are the same 3. The new action must involve the same cause of action (all claims arise from the same transaction or occurrence)
Civil Pro. Issue Preclusion (collateral estoppel):
```To apply: 1. the ISSUES in both actions must be the same. 2. There must be a previous final judgment as to the Issue. 3. The party against whom collateral estoppel is asserted (new Defendant) must have had a fair opportunity to be heard on the previous matter. 4. The posture on the case must be such that it would not be unfair (to the Plaintiff) to apply collateral estoppel.
Relevant evidence is evidence having any tendency to make the existence of any fact that is of consequence to the determination of an action more or less probable than it would be without the evidence. A trial judge, however, has broad discretion to exclude relevant evidence if (05):
It is unconstitutional to give a jury instruction that imposes a mandatory presumption as to an element of a charged crime in a criminal case because
it effectively shifts the burden of proof to a defendant or otherwise absolves the prosecution of having to prove that element beyond a reasonable doubt.
establish a criminal disposition. Evidence of other crimes or misconduct is admissible if these acts are relevant to some issue other than the defendant’s character or disposition to commit the crime charged.
Hearsay Exception :Statements made for purposes of medical diagnosis or treatment:
Statements made for purposes of medical diagnosis or treatment, and statements describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment, are an exception to the hearsay rule and are admissible.
Without the presence of the jury
Evidence. Expert's opinion. expert witness may state an opinion or conclusion when:
Main Difference between: | Intentional Infliction of emotional distress & Negligent infliction of emotional distress
Intentional Infliction of emotional distress: The act of the Defendant:
make reasonable efforts to rescue the imperiled person or render aid to his victim.
generally there is no obligation for a landowner to warn trespassers, whether they are children or adults, of dangerous
natural conditions
Torts. A licensee is: | the duty to a licensee from the owner or possessor are:
A duty to avoid negligent infliction of emotional distress may be breached when:
the defendant creates a foreseeable risk of physical injury to the plaintiff. For a bystander who suffers emotional distress from seeing the defendant negligently injure another, most states allow recovery if: (i) the plaintiff and the person injured by the defendant are closely related; (ii) the plaintiff was present at the scene of the injury; and (iii) the plaintiff personally observed or perceived the event.
Res ipsa loquitur doctrine
To establish proximate cause in indirect cause cases:
A public figure suing for damages in a defamation action must prove
Torts.Private Nuisance is
a substantial, unreasonable interference with another's use or enjoyment of his own property
Civil Pro.Removal process:
Notice of removal should be filed in the federal district court that geographically encompasses the state court where the action was filed. A copy must be served on the plaintiff, and another copy should be filed in the state court from which the action is being removed
Adverse possession elements:
Lay opinion testimony is admissible when:
Torts.Doctrine of respondeat superior.
imposes liability on an employer for the tortious conduct of its employee occurring within the scope of the employment relationship
Torst.Invasion of Privacy. False light elements:
Contracts.The parol evidence rule states that
where the parties to a contract express their agreement in a writing with the INTENT that it embody the final expression of their bargain, any other expressions—written or oral—made prior to the writing, as well as any oral expressions contemporaneous with the writing, are inadmissible to vary the terms of the writing. Parol evidence CAN be offered to show subsequent modifications of a written contract
Real Property.Equitable provision in a deed, can be enforceable when (elements):
1. intent that the restriction will be enforceable by subsequent grantees. 2. That the subsequent grantee have notice of the servitude 3. the restriction concerns and touches the land
Evidence of other prior crimes are generally not admissible, unless to show:
Torts. Res ipsa loquitur Elements:
(i) the defendant had exclusive control of the instrumentality during the relevant time; and (ii) the plaintiff shows that she was not responsible for the injury.
Torts. Negligence Per se Requires:
Assault
Trespass. Necessity:
Necessity allows a person to interfere with the real or personal property of another where the inference is reasonable and apparently necessary to avoid threatened injury from a natural or other force and where the threatened injury is substantially more serious than the invasion that is undertaken to avert it. Could be public of private. -Public necessity: an absolute defense and can be invoked when an act is for the public good. -Private necessity: applies when an actor benefits a limited number of people and is a qualified defense, requiring the actor to pay for any injury caused.
Products Liability.Strict liability:
Torts. Private nuisance (03 elements):
the plaintiff has the burden to show three elements: (i) the plaintiff has a possessory interest in the land; (ii) the defendant performed an act that interfered with the plaintiff’s use and enjoyment of his property; and (iii) that the defendant’s interference with the plaintiff’s use or enjoyment of land was substantial and unreasonable.
Real Property. Equitable servitude: In a deed is only enforceable where a party can establish (03):
(i) intent for the restriction to be enforceable by subsequent grantees; (ii) that the subsequent grantee had notice of the servitude; and (iii) the restriction touches and concerns the land.
The warranty of marketable title is implied in all land sale contracts. This warranty requires the seller to provide a marketable title to the buyer on (but not before) the ______ _______. To be considered marketable, the title must be free of encumbrances, such as mortgages, restrictions, covenants, easements or other limiting provisions that are not explicitly identified in the contract.
The warranty of marketable title is implied in all land sale contracts. This warranty requires the seller to provide a marketable title to the buyer on (but not before) the closing date. To be considered marketable, the title must be free of encumbrances, such as mortgages, restrictions, covenants, easements or other limiting provisions that are not explicitly identified in the contract.
Congress has the power to create special courts under Article I, and the judges for those courts do not have the protections of Article III, such as
It is permissible to allow a witness to view almost any item, even if the item contains hearsay, if the item
would aid the witness in remembering something that he has admitted to forgetting on the stand.
Preliminary questions concerning the admissibility of evidence shall be determined by the
Court
Prior jury service in a case involving a party does not render the witness
incompetent.
Evidence of other crimes, while generally not admissible, can be admitted to prove things other than the defendant's criminal disposition. "MIMIC" identifies relevant purposes for admitting such evidence:
Motive, Intent, Mistake, Identity,Common scheme or plan.
Under the (UCC), a contract for the sale of goods for $500 or more must be evidenced by a writing that is signed by the person against whom enforcement is sought. As an exception to the rule, a signed writing will not be required when the contract is
1. between merchants 2. where a written confirmation of a contract of sale has been sent by one of the merchants, and 3. the recipient fails to object to the confirmation within 10 days of its receipt.
A court has personal jurisdiction over a defendant if she is present in the forum state when
personally served with process.The length of time present within the state does not matter.
Long-arm statutes
Many states have statutes granting the courts jurisdiction over persons committing tortious acts within the state
An amendment pleading to change a Defendant, relates back to the date the original pleading was filed for purposes of the statute of limitations if:
(1) the claim arises out of the conduct, T/O (transaction, or occurrence) set out in the original pleading; and (2) the new Defendant received notice of the plaintiff's original lawsuit and knew, or should have known, that the action would have been brought against it, but for a mistake concerning the proper party's identity.
Civil Pro. A party who wishes for a jury trial on a particular issue must file a demand within
14 days after the service of the last pleading directed to that issue
Civil Pro.
If legal and equitable claims arising out of the same common facts are joined (in one same trial), the _____ claim should be tried first by the jury (if requested a jury) and then the _______ claim to the court.
If legal and equitable claims arising out of the same common facts are joined (in one same trial),
the legal claim should be tried first by the jury and then
the equitable claim by the court.
Ademption, or ademption by extinction, is a common law doctrine used in the law of wills to:
determine what happens when property bequeathed under a will is no longer in the testator's estate at the time of the testator's death. For a devise (bequest) of a specific item of property (a specific gift), such property is considered adeemed, and the gift fails. (For example, if a will bequeathed the testator's car to a specific beneficiary, but the testator owned no car at the time of his or her death, the gift would be adeemed and the aforementioned beneficiary would receive no gift at all.)
Torts.
The traditional standard of care in a negligence action is to act as a
reasonable prudent person.
Civil Pro.Once a trial court issues an order regarding the trial plan after a final pretrial conference, that order may be modified only to prevent
manifest injustice.
If an attorney does not seek to modify the final pretrial order at the trial-court level, the issue will
not be preserved for appeal
Subsequent remedial measures taken after an event are not admissible to prove
negligence or culpable conduct.
Criminal. Mistake of law is almost never a defense to a crime. Lacking knowledge that an act constitutes a crime, even is the lack of knowledge is reasonable, is not a defense to that crime.Mistake of fact is available as a defense only if it
negates a requisite intent element (i.e., mens rea) for the crime.
General intent crimes require that the defendant be aware of his actions and any attendant circumstances. For a general intent crime, only a reasonable mistake of fact is a defense. Examples of general intent crimes include:
assault as a threat.
CriminalStrict liability crimes require only that the underlying crime be committed, and do not require a mental element at the time the crime was committed. For a strict liability crime (one where no intent, or mens rea, is required), mistake of fact is:
never a defense. Example: Illegal sale of alcoholic beverages, is a strict liability crime.
The crime of assault exists where either:
(i) the defendant attempts to commit a battery and fails; or (ii) the defendant intentionally places another in fear of imminent injury
An unlawful arrest is not an adequate reason to:
dismiss an indictment or subsequent criminal prosecution. Therefore, if the police improperly arrest a person, the improper arrest / that violation is not a defense against the charged offense. The right remedy is no to dismiss the action against the unlawful arrested people.
Battery is the unlawful application of force to the person of another, resulting in either an offensive touching or bodily injury. Battery is also a general intent crime. "General intent" is an awareness of all the factors constituting the crime. ________ _________ is not a valid defense to a general intent crime.
Voluntary intoxication
Constitutional. A restriction on commercial speech is subject to a form of __________ scrutiny, requiring the government to show that the restriction directly advances an important government interest and that the restriction is not substantially more extensive than necessary to protect that interest.
intermediate judicial scrutiny
To be granted post-conviction relief on the grounds of ineffective assistance of counsel, the defendant must show:
Real Property.Equitable conversion: once a contract is signed and each party is entitled to specific performance, equity regards the purchaser as the owner of the real property. The seller's interest, which consists of the right to the proceeds of the sale, is considered to be personal property. This doctrine also affects the passage of title when a party to a contract dies before the contract has been completed. In general, it holds that:
-a deceased Seller's interest passes as personal property.If the seller dies, the bare legal title passes to the takers of his real property, but they must give up the title to the buyer when the contract closes. and -a deceased Buyer's interest as real property.
Constitutional: | To be valid, government regulations of speech and assembly in public forums (and designated public forums) must:
Torts. | For a private individual to prevail on a defamation claim, they must show that:
Torts.prima facie case for Defamation, the following elements must be proved:(4)
Hearsay
Hearsay Exception: statement by an opposing party (traditionally known as an "admission by a party-opponent")
statement by an opposing party (traditionally known as an "admission by a party-opponent"). Under this Rule, when the opposing party's statement is offered against that same opposing party and was made in either an individual or representative capacity, it is admissible.
Hearsay Exception: An excited utterance, or spontaneous declaration, is another exception to the hearsay rule.
Specifically, a declaration made during or soon after a startling event is admissible. The declaration, however, must be made under the stress of excitement produced by the startling event and concern the immediate facts of the startling occurrence.
A statement of a third party may be adopted by a party and may be admissible against them as substantive evidence. In special circumstances, silence may be considered an adoption, sometimes called an implied admission or adoption by silence. The elements of an adoption (of an statement) by silence are:
(i) the defendant heard the incriminating statement; (ii) the defendant had an opportunity to reply and remained silent; and (iii) the incriminating statement was such that the natural reaction of an innocent person would be to deny it.
Procedural due process requires that the state act with adequate or fair procedures when it deprives a person of
life, liberty or property.
Real Property. | Profit is a:
Real Property. | License:
Dormant Commerce Clause:
Prohibits discrimination against out-of-state interests in order to protect local economic interests.
three elements to avoid violating the Dormant Commerce Clause by a State:
(i) the regulation must pursue a legitimate state end; (ii) the regulation must be rationally related to that legitimate state end; and (iii) the regulatory burden imposed by the state on interstate commerce must be outweighed by the state’s interest in enforcing its regulation. A discriminatory state or local law may still be valid, however, if it: (i) furthers an important, non-economic state interest (e.g., health or safety); and (ii) there are no reasonable alternatives available.
The Establishment Clause compels the government to pursue a course of neutrality toward religion. A government action must pass the Lemon test to be upheld under the Establishment Clause. Elements of the Lemon Test:
(i) have a secular purpose; (ii) have a primary effect that neither advances nor inhibits religion; and (iii) not produce excessive government entanglement with religion.
In a criminal case, the prosecution cannot be the first to offer character evidence regarding the defendant. However,
if the defendant introduces evidence of his good character, the prosecution may rebut that character evidence through cross-examination and the testimony of other witnesses to the contrary.
