missed questions Flashcards
(51 cards)
rule for perpetuties
measured from the end of any life estate
can someone not be a citizen of any state and not be an alien for reasons of diversity
yes
knowledge of defect exception to hearsay
if a state is offered to prove that a D was aware of a defective condition, that is not hearsay
supplemental jurisdiction
discretion to exercise supplemental jurisdiction over related claims that derive from the same common nucleus of fact and are such that a plaintiff would ordinarily be expected to try them in a single judicial proceeding
REGARDLESS of lack of diversity, or amount in controversy
does estoppel by deed apply to quitclaim deeds
no
motion for judgment on the pleadings for failure to state a legal defense
motion filed when D admits a claim by not answering
administrative tribunal
admin agency with limited jurisdiction
no life tenure
are motel rooms considered residences under fourth amendment
yes
notice for procedural due process must be
adequate, meaning that it must be reasonably conducted to notify person
strict liability for defecitve products
(i) the defendant is a commercial supplier; (ii) production or sale of a defective product; (iii) actual and proximate cause; and (iv) damages.
when can an intended benficiary enforce a contract
when their rights vest
when does an intended benficiaries rights vest
Vesting will occur when the beneficiary (i) manifests assent to the promise in a manner invited or requested by the parties, (ii) brings suit to enforce the promise, or (iii) materially changes position in justifiable reliance on the promise.
interrogatories can only be used for
parties to a lawsuit
when transferring a deed, the magic word is
conveyance
does a d claim they were innocent nullify a guilty plea
no
can prosecution not honor a plea bargain after plea
if they do, it nullifies plea
when does a person waive privilege under medical examinition rule
when they request a copy of hte medical report, then they must produce copies of like reports
what is a remedy for fradulaent misrepresentation
reformation of th econtract
do land/property taxes count as covenants that touch and concern land
yes
does witness need to be available for prior identification exception to hearsay
yes
can congress repeal a treaty
yes with two thirds vote
when does the “probative valeu putweigh potential for prejudice” test come into effect
only when used against a criminal D
non hearsay statements
prior inconsistent (admissible as substantive evidence if under oath) statements
statements attributable to the other party
prior statements
adopted statements
vicarious statements
hearsay exception if declarant is unavailable
dying delcaration statement against interest former testimony (under oath) statement of family history
