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Flashcards in deck P (MBE EXTRA SUBJECTS AND MISSED) Deck (20):
1

REMOVAL JURISIDICTION

  1. DEFENDANT'S RIGHT
  2. TO REMOVE CASE FROM STATE COURT TO FEDERAL COURT

2

RULE 11 - FEDERAL COURT - A PARTY PRESENTING FILING ANY PAPER CERTIFIES/WARRANTS THAT THE FILING

  1.  IS NOT FOR AN IMPROPER PURPOSE
  2. LEGAL CONTENTS ARE WARRANTED BY EXISTING LAW
  3. OR CONTAIN AN ARGUEMENT FOR MODIFYING LAW

 

3

RULE 11 - FEDERAL COURT - FILING PARTY CERTIFIES EVERY PAPER FILED WITH COURT HAS EVIDENTIARY SUPPORT FOR

  1. ITS CONTENTIONS/ARGUMENTS
  2. ITS DENIAL OF OTHER PARTY'S CONTENTIONS
  3. OR REASONABLE BASIS FOR DENIAL BASED ON LACK OF INFORMATION OR BELIEF

4

RULE 11 - FEDERAL COURT PENALTIES FOR VIOLATION - SANCTIONS INCLUDE

  1. MONETARY PENALTIES
  2. NONMONETARY DIRECTIVES

5

RULE 11 - THE MATTER OF VIOLATION MAY BE RAISED BY

  1. THE COURT
  2. OPPOSING PARTY

6

TIMING REQUIREMENTS FOR 26F CONFERENCE

  1. AT LEAST 21 DAYS BEFORE 16B CONFERENCE
  2. DISCOVERY PLAN MUST BE SUBMITTED WITHIN 14 DAYS OF CONFERENCE. 

7

FEDERAL - OBJECTIONS TO JURY INSTRUCTIONS REQUIREMENTS

  1. ON THE RECORD
  2. DONE WHEN COURT GIVES OPPORTUNITY TO DO SO
  3. OR AFTER LEARNING INSTRUCTION WILL BE INCLUDED OR OMMITTED 

8

9

REMAINDER INTEREST (TRUSTS)

  1. A FUTURE INTEREST
  2. IN THE PROPERTY LEFT IN TRUST AFTER DEVISES ARE GIVEN TO THE INTENDED BENEFICIARIES

10

INTER VIVOS DISPOSAL OF PROPERTY THROUGH POUR OVER REQUIREMENT - TRUST MUST BE

  1.  CLEARLY IDENTIFIED IN THE WILL
  2. EXECUTED BEFORE/CONCURRENTLY WITH THE WILL

 

11

INTER VIVOS TRUST - POUR OVER TO WILL - TRUST MAY BE

  1. AMENDED OR REVOKED AFTER EXECUTION OF THE WILL
  2. UNFUNDED DURING GRANTOR'S LIFETIME


 

12

LOGICAL RELEVANCE - EVIDENCE IS LOGICALLY RELEVANT WHERE IT 

  1. TENDS TO MAKE THE EXISTENCE OF ANY FACT OF CONSEQUENCE
  2. MORE OR LESS PROBABLE
  3. THAN IT WOULD BE WITHOUT THE EVIDENCE

13

LIMITATIONS ON RELEVANCE

  1. DISCRETIONARY EXCLUSION
  2. PUBLIC POLICY EXCLUSIONS

14

PUBLIC POLICY EXCLUSIONS TO LEGAL RELEVANCE

  1. EVIDENCE OF LIABILITY INSURANCE
  2. SUBSEQUENT REMEDIAL MESAURES 
  3. SETTLEMENT OFFERS
  4. GUILTY PLEAS WITHDRAWN
  5. OFFERS TO PAY MEDICAL EXPENSES 

15

TO QUALIFY AS A HABIT, CONDUCT MUST BE

  1. HIGHLY SPECIFIC
  2. FREQENTLY REPEATED

 

16

CRIMINAL CASES - RAPE - SPECIFIC INSTANCES OF VICTIM'S CONDUCT ARE ONLY ADMISSIBLE TO SHOW

  1. THIRD PARTY IS THE SOURCE OF INJURY
  2. PRIOR ACTS OF CONSENSUAL INSTERCOURSE BETWEEN D AND ALLEGED VICTIM

17

RIGHT TO ADEQUATE ASSURANCE - WHERE REASONABLE GROUNDS ARISE WITH RESPECT TO THE PERFORMANCE - A PARTY MAY 

  1. DEMAND ADEQUATE ASSURANCE IN WRITING
  2. SUSPEND PERFORMANCE UNTIL ASSURANCE IS RECEIVED
  3. REPUDIATE CONTRACT AFTER 30 DAYS OF NO RESPONSE TO DEMAND

18

UNDER FRCP, A MENTAL OR PHYSICAL EXAMINATION IS APPROPRIATE WHERE

  1. GOOD CAUSE EXISTS FOR THE EXAMINATION
  2. PARTY'S MENTAL OR PHYSICAL STATE IS AT ISSUE

19

UNDER FRCP, GOOD CAUSE EXISTS FOR AN EXAMINATION WHERE

  1. LOGICAL RELEVANCE
  2. LEGAL RELEVANCE
  3. EXAMINATION NOT OVERLY INSTRUSIVE

20

RULE 19 EVALUATION FACTORS

  1. REQUIRED JOINDER IF FEASIBLE (19A)
  2. SHOULD CASE BE DISMISSED IF JOINDER NOT FEASIBLE? (19B)