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GA Bar Prep > Misc. Bullshit > Flashcards

Misc. Bullshit Flashcards

1
Q

Tort: Dispossession:

A

Depriving P of lawful right to chattel

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2
Q

Tort: Intermeddling:

A

Directly damaging a chattel

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3
Q

Tort: Damages: Trespass against chattels: (3)

A

Nominal
Actual based on rental value
Actual from harm to chattel or loss of value.

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4
Q

Torts: Prod. Liability: Breach of implied warranty of fitness for a particular purpose: Who can sue?

A

Purchaser, family, household members, or guests injured

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5
Q

Torts: Prod. Liability: Breach of implied warranty of fitness for a particular purpose: Be sued?

A

Any seller of the goods

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6
Q

Torts: Prod. Liability: Breach of implied warranty of fitness for a particular purpose: Breach? 2 prong

A

Goods sold were not fit for purpose that seller knew or had reason to know of AND knew that buyer was relying on the seller’s judgment

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7
Q

Torts: Prod. Liability: Breach of implied warranty of fitness for a particular purpose: Damages? (3)

A

Personal injury, property damage, AND recovery solely for economic loss

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8
Q

Torts: Prod. Liability: Breach of implied warranty of fitness for a particular purpose: Defenses? (3)

A

Assumption of risk
Unreasonable misuse
Failure to give reasonable notice of breach.

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9
Q

Torts: Prod. Liability: Breach of implied warranty of merchantability: Who can sue?

A

Purchaser, family, household members, or guests injured

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10
Q

Torts: Prod. Liability: Breach of implied warranty of merchantability: Be sued?

A

A merchant dealing in kinds of goods sold.

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11
Q

Torts: Prod. Liability: Breach of implied warranty of merchantability: Breach?

A

Goods sold were not generally acceptable or fit for ordinary purposes

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12
Q

Torts: Prod. Liability: Breach of implied warranty of merchantability: Damages? (3)

A

Personal injury, property damage, AND recovery solely for economic loss

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13
Q

Torts: Prod. Liability: Breach of implied warranty of merchantability: Defenses?

A

Assumption of risk
Unreasonable misuse
Failure to give reasonable notice of breach.

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14
Q

Torts: Prod. Liability: Damages recoverable when based on intent:

A

compensatory and punitive damages

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15
Q

Torts: Prod. Liability: Damages recoverable when based on negligence:

A

Actual damages based on physical injury or property damage.

No recovery if sole claim is economic loss.

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16
Q

Torts: Prod. Liability: Strict liability prima facie case in GA. P must prove:

A
  1. D is ACTUAL MANUFACTURER of personal (not real) property
  2. Produced a defective product.
  3. Actual and Proximate cause
  4. Damages.
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17
Q

Torts: Strict products liability: Defect must make product dangerous beyond the expectation of an:

A

ordinary consumer.

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18
Q

Torts: Strict products liability: Defect must have existed when:

A

product left D’s control.

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19
Q

Tort: Wrongful death: Adults: Who may bring suit?

A

surviving spouse. If no surviving spouse then kids may bring action.

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20
Q

Tort: Wrongful death: Adults: Damages:

A

Full value of life of decedent, including loss of support and companionship.

Note: Where death resulted from crime or negligence:
Funeral, medical, and other expenses are recoverable.

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21
Q

Tort: Wrongful death: Kids: Who may bring suit?

A

Parents.

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22
Q

Tort: Wrongful death: Kids: Damages:

A

Entitled to the full value of a child’s life as determined by a jury.

Note: A parent has a right of recovery against other spouse if child was murdered by the other spouse.

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23
Q

Torts: Neg: Personal Injury: Damages:

A 
ALL DAMAGES (past, present, prosepctive.)
Economic damages (medical expenses)
Non-economic damages (pain and suffering)

Note: w/ physical injury may also recover for any resulting emotional distress.

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24
Q

Tort: Neg: Measure of property damages:

A

the reasonable cost of repair
OR
if property was nearly destroyed, FMV at the time of accident.

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25
Q

Tort: Survival statute:

A

Deceased personal representative is substituted for decedent in cause of action.

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26
Q

Tort: Survival statute applies to causes of action in:

A

personal injury, torts to property, and libel

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27
Q

Evi: Hearsay Exception: Present sense impression:

A

OOCS made concurrently with the sense impression of an event that is not necessarily exciting may be admissible.

Availability of declarant is immaterial.

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28
Q

Evi: Hearsay Exception: Declaration of PRESENT bodily condition:

A

OOC spontaneous declaration of PRESENT bodily condition admissible EVEN THOUGH it’s not made to a doctor.

Availability of declarant is immaterial.

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29
Q

Evi: Hearsay Exception: Declaration of PAST bodily condition: OOC statement of past bodily condition admissible if made: (2)

A
  1. To medical personnel,
  2. For the purpose of diagnosis or treatment of a condition

Even declarations about the cause or source are admissible if they were pertinent to diagnosis or treatment.

Availability of declarant is immaterial.

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30
Q

Evi: Hearsay Exception: Present state of mind exception:

A

OOCS of a declarant’s then existing state of mind or physical condition.

It must be about the declarant’s OWN intent and not that of a 3d party.

Availability of declarant is immaterial.

31
Q

Con Law: Standing: P must have concrete stake in outcome: Must show: 3

A
  1. Injury in fact
  2. Caused by gov’t action
  3. Can be remedied by a decision in her favor.

(injury, causation, redressability)

32
Q

Con Law: Organizational Standing: Org must show: 3

A
  1. Injury that in fact would give members to sue on their own.
  2. Injury is related to orgs purpose
  3. Member participation in the suit is not required.
33
Q

Crim Pro: To be valid special law enforcement needs, roadblock must: (2)

A
  1. Stop cars on basis of NEUTRAL articulate standards, AND
  2. Be designed to serve purposes closely related to a particular problem pertaining to autos and their mobility.

(e.g. Drunk driver checkpoints - ok; search for illegal narcotics are not permissive b/c purpose is only to detect evidence of ordinary wrongdoing. Also, not related to driving.)

34
Q

Crim Pro: When can cops make arrests w/o warrants? 5

Pope F

A
  • Presence of cop when offense is committed
  • Other cause there is likely to be a failure of justice for want of a warrant.
  • Physical abuse against a vulnerable adult (prob. cause req’d.)
  • Escape, offender is trying to

-Family violence has been committed, probable cause req’d

35
Q

Wills: Priority of claims against the estate: (7) from first to last:
Ys Fe Ea ReLi T J OC

A
  1. Year’s support for family
  2. Funeral expenses
  3. Expenses of administration
  4. Reasonable expenses of D’s last illness
  5. Taxes. State and federal.
  6. Judgments, Sec. Interests, and other liens
  7. All other claims.
36
Q

Wills: Abatement is the process of:

A

reducing testamentary gifts where estate assets are not enough to pay all claims against the estate and satisfy all bequests.

37
Q

Wills: The order which the estate abates in: (first extinguished to last extinguished) (5)

A
  1. Property charged w/ debts by terms of will
  2. Residuary estate
  3. General testamentary gifts abate pro rata
  4. Demonstrative testamentary gifts abate pro rata
  5. Specific bequests
38
Q

Com. Paper: BFP

A
  1. A purchaser who
  2. Takes w/o notice, and
  3. Gave valuable consideration
39
Q

PR: Conflict: Conflicts regarding former clients:

A

Atty that represents a client in a matter may NOT thereafter rep another person in the:
1. SAME or SUBST. RELATED matters, IF
2. That person’s interests are material adverse to those of a former client.
UNLESS: Fmr client consents after consultation

40
Q

PR: Conflict: Representation of client is adverse to interests of another current client. (Current client v. Current client) (2)

A

Atty must not represent a client if rep of that client will be directly adverse to another client. UNLESS:

  1. Atty reasonably believes representation to current client will not be adversely affected, AND
  2. Each client consents after consultation.
41
Q

PR: Conflicts regarding former clients by way of not working for that client’s firm anymore: Atty may not KNOWINGLY represent person in same or substantially related matter in which a firm the atty previously worked for had previously represented a client: 2

A
  1. Whose interests are material adverse to that person, and

2. About whom the atty had acquired info protected by the RPC, UNLESS former client consents after consult.

42
Q

PR: Conflict w/ other responsibilities of the lawyer:

A

Atty must not represent client if rep. may be materially ltd by atty’s responsibility to another client, 3d party, or atty’s own interest UNLESS:

  1. Atty reasonably believes representation to current client will not be adversely affected, AND
  2. Each client consents after consultation.
43
Q

PR: Note: When rep of multiple clients for single matter is undertaken consult must explain:

A

implications of common representation and risks/advantages involved.

44
Q

K: Money damages: Expectation damages are generally the:

A

P’s standard of measure of damages.

45
Q

K: Expectation damages are defined as:

A

sufficient damages for non breaching party to buy substitute performance.

Note: Also known as benefit of the bargain damages.

46
Q

K: Reliance damages are awarded when:

A

P’s expectation damages are too speculative to measure.

e.g. P can’t show w/ sufficient certainty the profits she would have made if D had performed K.

47
Q

K: Damages: P only gets _____ _______ or ______ ________ , but not both.

A

expectation damages or reliance damages, but not both.

48
Q

K: Reliance damages are the award to P for the:

A

cost of her performance.

Designed to put P in position she would have been in had K never been formed.

49
Q

K: Consequential damages:

A

Special damages and reflect loss over and above standard expectation damages.

Consequential damages arise b/c of non-breachers particular circumstances and most often are lost profits.

50
Q

K: Consequential damages awarded if:

A

at the time K was made a REASONABLE PERSON would have FORESEEN damages as a result of breach.

51
Q

K: Consequential damages may be recovered when breaching party must:

A

have known or had reason to know of the special circumstances giving rise to damages.

NOTE: In K for sale of goods only buyer recovers consequential damages.

52
Q

K: Incidental damages: K for sale of goods: Buyer may recover:

A

expenses reasonably incurred by buyer in inspection, receipt, transport, care, and custody of goods that were rightfully rejected and other expenses reasonable incident to seller’s breach.

53
Q

K: Incidental damages: K for sale of goods: Seller may recover:

A

Expenses for storing, shipping, reselling, and returning goods as a result of the buyer’s breach.

54
Q

K: Compensatory damages: Goal is to:

A

put non breaching party in same position she would have been had the promise been performed.

55
Q

K: Types of compensatory damages: (4)

A
  1. Expectation
  2. Reliance
  3. Consequential
  4. Incidental
56
Q

K: Three essential terms that all land Ks must have:

A
  1. Description of property
  2. Price
  3. ID of parties to K.
57
Q

Evi: In GA, expert opinion is admissible on any question of:

A

science, skill, trade or like questions.

58
Q

Evi: Who decides when science is ready for the court room and how?

A

Trial court.

Determination is based on expert testimony, treatises, or rationale of other cases in other jurisdictions.

59
Q

Evi: In GA, experts testifying in prof. malpractice cases on the issue of the standard of care must be:

A

licensed to the practice or teaching at the time of the alleged act.

60
Q

Evi: In GA, experts testifying in med. mal. cases must have been in practice or teaching for how long? What must their expertise relate to?

A

at least 3 - 5 years w/ sufficient frequency to establish appropriate level of knowledge RELATIVE TO the procedure, diagnosis, or treatment that the malpractice action is based on.

61
Q

Evi: In GA, experts testifying in med. mal. cases: Physicians w/ sufficient/experience and knowledge may testify as to the standard of care for:

A

nurses and other specified health care providers.

62
Q

Evi: In prof. malpractice cases the expert must be a member of the:

A

same profession as the defendant.

63
Q

Torts: Strict products liability: What damages must be shown for recovery?

A

Physical injury or property damages.

Recovery denied if loss is solely economic.

64
Q

Remedies: To obtain injunctive relief P must show: 6

HaP LRI PR EF HsD DnD

A
  1. Harm has or is about to result against P
  2. Legal remedy is inadequate
  3. Property right of protectable interest
  4. Enforcement is feasible
  5. Hardship to D doesn’t outweigh benefit to P
  6. D has no defenses.
65
Q

GA Civ Pro: Physician Shield Statute: Drs. only required to release medical information in 3 cases:
RbL Ct WC

A
  1. When req’d by law.
  2. In response to an appropriate ct order/subpoena
  3. With written consent of patient.
66
Q

Torts: Last clear chance: In ‘helpless peril’ situations D must have:

A

ACTUAL knowledge of P’s peril. Not sufficient that D should have known.

67
Q

Torts: Assumption of the Risk: P’s Last Clear Chance Exception: P will be completely barred from recovery if:

A

through exercise of reasonable care could have avoided the consequences of D’s negligence.

68
Q

Torts: Damages: Effects of abolishment of joint and several liability: Claims involving multiple defendants trier of fact must:

A

apportion fault among ALL persons who contributed to injury, including non-parties.

69
Q

Torts: Damages: Effects of abolishment of joint and several liability: Since fault is apportioned to everyone contributing to the injury D will be liable only for:

A

damages charged against him and there is no right of contribution.

70
Q

Torts: Damages: Where joint liability applies, GA follows traditional contribution rules which requires D’s to pay:

A

equal share, regardless of their degree of fault.

71
Q

Sec Trans: PMSI in consumer goods is:

A

automatically perfected. SUPER PRIORITY

72
Q

Sec Trans: PMSI in inventory only enjoys super-priority if: 2 things

A
  1. It files financing statement BEFORE inventory is delivered to debtor, AND
  2. Prior perfected SI in same inventory receives written notice BEFORE debtor receives inventory.
73
Q

Sec Trans: PMSI in equipment must file:

A

financing statement w/i 20 days after debtor receives equipment to maintain perfection and SUPER PRIORITY.

GA Bar Prep (24 decks)

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