2 TRANSACTIONAL IMMUNITY VS. USE IMMUNITY

1. TRANSACTIONAL IMMUNITY PROVIDES THE WITNESS WITH IMMUNITY FOR ALL THE OFFENSES INVOLVED WITH HIS TESTIMONY WHILE 2. USE IMMUNITY PROVIDES THE WITNESS MAY NOT HAVE HIS TESTIMONY USED AGAINST HIM FOR PROSECUTION (UNLESS HE COMMITS PERJURY).

pmbr Flashcards by Kaisa Janzen

COMMONALITY REQUIREMENT FOR FEDERAL CALL - THESE SHARED FACTORS WILL NOT AMOUNT TO A COMMON INJURY

COMMON FACTS
COMMON ACCUSATIONS

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WHERE A PARTY INSTRUCTS MAILING A LETTER WHILE EXPLAINING THE PURPOSE OF THE LETTER, THE TESTIMONY REGARDING THE PURPOSE OF THE LETTER WILL NOT COME IN

AS NOTICE OF MAILING THE LETTER

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TO MAKE A LINEUP UNNECESSARILY SUGGESTIVE, THE SUGGESTING FACTOR/S MUST BE

DISTINCTIVE

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LEASE AGREEMENTS - COVENANTS TO NOT SUBLEASE WILL NOT PRECLUDE

LEASE ASSIGNMENTS

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IF A BUYER RIGHTFULLY REJECTS A NON-CONFORMING GOODS, AND DOES NOT HEAR FROM SELLER AS TO WHAT TO DO WITH THE REJECTED GOOD, HE MUST

ATTEMPT TO SELL THEM ON SELLER’S BEHALF

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NEW EVIDENCE DISCOVERED AFTER MOTION FOR NEW TRIAL DEADLINE HAS PASSED REQUIRES A

MOTION FOR RELIEF FROM JUDGMENT OR ORDER

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THE SUPREME COURT HAS ORIGINAL SUBJECT MATTER JURISDICTION TO HEAR A LAWSUIT WHERE A STATE IS SUING

ANOTHER STATE

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FIRING OF AN EMPLOYEE BECAUSE OF BAD BEHAVIOR/CREATING A DANGER TO OTHERS AFTER THE EMPLOYEE CAUSES AN INJURY WILL BE CONSIDERED AN INSTANCE OF A

SUBSEQUENT REMEDIAL MEASURE

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EMPLOYEE CONTRACTS FOR YEAR OR GREATER THAT INVOLVE SALARY PAYMENTS IN MONTHS/WEEKS WILL CREATE

DIVISBLE CONTRACT

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GUARANTEES OF DEBTS - EVEN WHERE THEY SEEM ILLUSORY

ARE ENFORCEABLE

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FOR A MENTAL OR PHYSICAL EXAMINATION OF A PLAINTIFF WHERE MENTAL/PHYSICAL STATE IS AT ISSUE, ESTABLISH THIS FIRST

GOOD CAUSE

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WILL COMPELLING A REPORTER TO TESTIFY AT A GRAND JURY HEARING VIOLATE 1ST AMENDMENT GUARANTEES OF FREE SPEECH?

SUPREME COURT HAS RULED NO.

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RACIAL DISCRIMINATION IN A STATE ELECTION PRIMARY PROCESS WILL BE FOUND VIOLATIVE OF

FOURTEENTH AMENDMENT EQUAL PROTECTION CLAUSE
FIFTEENTH AMENDMENT

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FAILURE TO PERFORM PAYMENT OF COMPROMISED DEBT AMOUNT ON DEBT BARRED BY SOL WILL ONLY GIVE CREDITOR THE RIGHT TO SEEK

COMPROMISED DEBT AMOUNT

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ALL-AFTER ACQUIRED PROPERTY CLAUSES IN MORTGAGES ARE NOT

AGAINST PUBLIC POLICY

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WHEN A PASSENGER IN A VEHICLE IS ARRESTED, THE OFFICER IS AUTHORIZED TO SEARCH (EVEN WITHOUT PROBABLE CAUSE OR REASONABLE SUSPICION OF CONTRABAND)

INTERIOR OF VEHICLE
WITHIN IN WINGSPAN OR IMMEDIATE CONTROL OF PASSENGER ARRESTED

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NO RIGHT TO RESCIND A REAL ESTATE CONTRACT DUE TO DEFECT IN TITLE EXISTS UNTIL

CLOSING OF THE CONTRACT

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WHERE A SUSPECT IDENTIFICATION ONLY OFFERS ONE PERSON FOR IDENTIFICATION, IT WILL BE

UNNECESSARILY SUGGESTIVE

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CONVERSION OCCURS WHEN THE DEFENDANT EXERCISES THIS OVER THE GOODS

DOMINION AND CONTROL
FOR ANY LENGTH OF TIME

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TRANSACTIONAL IMMUNITY VS. USE IMMUNITY

TRANSACTIONAL IMMUNITY PROVIDES THE WITNESS WITH IMMUNITY FOR ALL THE OFFENSES INVOLVED WITH HIS TESTIMONY WHILE
USE IMMUNITY PROVIDES THE WITNESS MAY NOT HAVE HIS TESTIMONY USED AGAINST HIM FOR PROSECUTION (UNLESS HE COMMITS PERJURY).

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A PHOTO ARRAY IS IMPERMISSIBLY SUGGESTIVE AND RAISES THE SUBSTANTIAL LIKELIHOOD OF SUBSTANTIAL MISIDENTIFICATION GIVEN THE

TOTALITY OF THE CIRCUMSTANCES

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BEFORE THE DECLARATION OF A CO-CONSPIRATOR CAN BE ADMITTED, THE JUDGE MUST ASCERTAIN IF

A CONSPIRACY EXISTED
IF THE DEFENDANT AND THE DECLARANT WERE MEMBERS OF THE CONSPIRACY

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CONGRESS MAY CREATE AGENCIES TO ENFORCE THE LAW, BUT IT MAY NOT

APPOINT MEMBERS TO THE AGENCIES

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WHERE A WARRANTY AGAINST ENCUMBRANCES IS BREACHED, DAMAGES MAY BE SOUGHT AT THE TIME

SALE OF PROPERTY CLOSES

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# 1 A BYSTANDER INJURED BY A DEFECTIVE PRODUCT USED BY A THIRD PARTYWILL BE ABLE TO MAKE A CLAIM BECAUSE SHE WAS THIS

1. A FORESEEABLE PLAINTIFF

# 2 SEEKING RELIEF FROM A TORT ARISING FROM THE SAME EVENTS GIVING RISE TO A PREVIOUSLY LIGITATED TORT WHERE NO LIABILITY WAS FOUND WILL BE PRECLUDED BY

1. RES JUDICATA 2. (IF ALL OTHER REQUIREMENTS MET)

# 1 WHERE LANDOWNER GRANTS EASEMENT TO COMPANY WHO FAILS TO REASONABLY MAINTAIN, AND LANDOWNER FAILS TO REPORT NOTICED SIGNS OF ISSUES W/EASEMENT, LANDOWNER STILL WILL NOT BE

1. CONTRIBUTORILY NEGLIGENT

# 1 DUE PROCESS - WHERE A PARTY CONTRIBUTED TO A JUDGES CAMPAIGN AND THAT JUDGE LATER PRESIDES OVER A CASE WHERE THE CONTRIBUTING PARTY IS A PARTY TO THE CASE, THE JUDGE WILL LIKELY **NOT** BE RECUSED IF THE CONTRIUBTING PARTY WAS

1. A SIZEABLE DONOR, BUT NOT THE LARGEST DONOR.

# 2 IN CONSIDERING A MOTION FOR SUMMARY JUDGMENT, THE COURT HAS THE 1. ________ BUT IS NOT 2. _______ TO CONSIDER NON-CITED MATERIALS IN FORMING ITS RULING.

1. DISCRETION 2. REQUIRED

# 1 EVEN WHERE THE DEFENDANT IS RAISED TO ADEQUATE PROVOCATION SUFFICIENT TO REDUCE MURDER TO VOLUNTARY MANSLAUGHTER - HE STILL HAS THE RIGHT OF

1. SELF-DEFENSE

# 1 WHERE PARTIES ARE INJURED BY A DEFECTIVE PRODUCT **NEGLIGENTLY** USED BY A THIRD PARTY, THE PRODUCT MANUFACTURER WILL STILL BE

1. STRICTLY LIABLE

# 1 IN COURT IDENTIFICATION OF DEFENDANT WILL BE ALLOWED WHERE IDENTIFICATION STEMS FROM

1. INDEPENDENT SOURCE

# 2 TYING VICTIMS UP IN ONE ROOM TO BE ABLE TO GO INTO ANOTHER ROOM TO TAKE THEIR VALUABLES WILL SATISFY

THE PRESENCE REQUIREMENT OF ROBBERY

# 2 ATTEMPTED MURDER MENS REA AND DEPRAVED HEART INDIFFERENCE MURDER

1. THE MENS REA SUFFICIENT FOR A MURDER BY WAY OF DEPRAVED HEART INDIFFERENCE TO HUMAN LIFE MENS REA 2. WILL USUALLY NOT BE SUFFICIENT IF THE MURDER IS NOT COMPLETE

# 1 CHARGING ONE GROUP OF PEOPLE A HIGHER FARE FOR RIDING A BUS THAN OTHER PASSENGERS BECAUSE OF PAST SHENANINGANS FROM THAT GROUP OF PEOPLE IS AN

1. IRREIBUTABLE PRESUMPTION.

# 2 FELONY MURDER RULE - WHERE FELONY MURDER VERDICT IS INCONSISTENT WITH UNDERLYING CHARGE, THE DEFENDANT MUST BE

1. ACQUITTED OF ALL CHARGES

# 1 COMMON LAW ASSAULT AND BATTERY WILL BE INSUFFICIENT TO SUPPORT THE INTENT TO COMMIT

1. COMMON LAW BURGLARY

# 1 FEDERAL OFFICIALS WITH THE POWER TO PUNISH MUST BE APPOINTED BY THE

1. PRESIDENT

# 3 PRIOR RESTRAINT IS ONLY OK WHERE

1. IRREPERABLE AND SERIOUS HARM TO PUBLIC WILL OCCUR 2. NARROWLY DRAWN STANDARDS 3. FINAL DETERMINATION OF VALIDITY

# 1 NEGLIGENCE WILL NOT BE FOUND WHERE DEFENDANT DOES NOT CURTAIN ACTIVITY DUE TO A COMING STORM AND SUBSEQUENT LIGHTNING BOLT CAUSES INJURY IF

1. REASONABLE BELIEF STORM PRESENTED NO DANGER

# 2 WHERE A PARTY INDEPENDENTLY FULFILLS THE TERMS OF A UNILATERAL REWARD OFFER BUT ACTED WITHOUT KNOWLEDGE OF REWARD, THEY WILL NOT RECIEVE REWARD BECAUSE

1. LACK OF KNOWLEDGE OF OFFER 2. SO NO ACCEPTANCE BY PERFORMANCE

# 1 FOR THE DEFENSE OF INSANITY, THE DEFENDANT BEARS THIS BURDEN

1. BURDEN OF PRODUCTION

# 1 SPECIFIC INTENT FOR TRANSPORT OF DRUG WILL BE FOUND WHERE DEFENDANT HAD

1. KNOWLEDGE OR BELIEF THAT HE WAS TRANSPORTING DRUGS

# 1 RIGHT TO PETITION CONGRESS FOR REDRESS IS GRANTED BY

1. PRIVILEGES AND IMMUNITIES CLAUSE OF 14TH AMENDMENT.

# 1 IF THE FACT PATTERN INVOLVES A SUSPECT DEFENDING HIMSELF FROM AN ARREST, LOOK TO SEE

1. WHAT THE SUSPECT IS CHARGED WITH

# 2 SUPPLEMENTAL JURISDICTION **ONLY** NEEDS THESE THINGS

1. A CLAIM WITH VALID SUBJECT MATTERS JURISDICTION TO ATTACH TO 2. TO HAVE ARISEN FROM THE SAME TRANSACTION OR OCCURENCE AS THE ORIGINAL CLAIM WITH VALID SMJ

# 1 FOR REFORMATION - DAM FOIL WILL INCLUDE MISTAKES RESULTING FROM

1. ERRORS IN TRANSCRIPTION

# 1 INTENT FOR PERMANENT DEPRIVATION ELEMENT OF RECEIVING STOLEN PROPERTY CRIME MUST BE AN INTENT TO DEPRIVE THE RIGHTFUL OWNER OF

1. THE STOLEN PROPERTY ITSELF

# 1 REMOTE PARTIES MAY ENFORCE THE COVENANTS OF WARRANTY COVENANTS OF QUIET ENJOYMENT COVENANTS OF FUTHER ASSURANCES BECAUSE OF PRIVITY OF

1. ESTATE

# 1 PRESIDENT MAY NOT BE DELEGATED ANY LEGISLATIVE POWER THAT IS INHERENTLY

1. _LAW-MAKING_ IN NATURE

# 1 REQUIRING APPOINTMENT OF A CLERGY MEMBER TO A GOVERNMENT AGENCY OR COMMISSION IS NOT A PER SE VIOLATION OF THE

1. ESTABLISHMENT CLAUSE

# 1 FOR A FORECLOSURE SALE, A FAIR PRICE IS REACHED BY

1. DUE DILIGENCE IN CONDUCTING THE FORECLOSURE SALE.

# 1 EVEN IF ORAL CONDITION PRECEDENT IS GIVEN DURING/IMMEDIATELY AFTER SIGNING A CONTRACT - IT WILL BE ADMISSIBLE

1. PAROL EVIDENCE OF ORAL CONDITION PRECEDENT

# 4 TRICKS FOR MEMORIZING DIFFERENT INSANITY STANDARDS

1. M'NAUGHTEN - DEFECT OF REASON/DISEASE OF MIND DID NOT LET HIM A APPRECIATE THE NAUGHTURE QUAGHLITY OF HIS ACT. 2. DURHAM - MENTAL ILLNESS/RETARDATION MAKES YOU SAY DURRRRRR 3. MODEL PENAL CODE - LACK SUBSTANTIAL CAPACITY TO CONFORM CONDUCT TO CODE 4. IRRESISTIBLE IMPULSE - MENTAL DISEASE KEPT DEFENDANT FROM RESISTING AN IMPULSE

# 1 REMODELED HOME AND IMPLIED WARRANTY OF QUALITY

1. THE IMPLIED WARRANTY OF QUALITY WILL APPLY TO REMODELED HOMES.

# 2 UNDER CONGRESS' WAR POWER, IT MAY REQUIRE INDIVIDUALS TO SUBMIT TO

1. PHYSICALS 2. TO ASCERTAIN READINESS FOR SERVING IN ARMED FORCES IN THE EVENT OF A DRAFT

# 1 A LIFE ESTATE HOLDER WILL BE LIABLE TO THE REMAINDERMAN FOR STRIPPING THE LAND OF ITS NATURAL RESOURCES BECAUSE SHE IS COMMITTING

1. VOLUNTARY WASTE

# 1 A WITNESS' OPINION TESTIMONY WILL NOT BE ADMISSIBLE WHERE

1. IT DOESN'T HELP THE JURY LEARN ANYTHING

# 1 IF AN EXPERT WITNESS IS UNAVAILABLE TO TESTIFY, HE MAY BE IMPEACHED

WITH EVERYTHING HE COULD BE IMPEACHED WITH IF HE WAS PRESENT AT THE TRIAL.

# 2 FEDERAL COURT - PARTIES MUST BE GIVEN A CHANCE TO OBJECT TO JURY INSTRUCTIONS BEFORE

1. CLOSING ARGUMENTS

# 1 UCC - ACCEPTANCE W/VARYING TERMS _IS_ A COUNTER OFFER WHERE

1. IT EXPRESSLY CONDITIONS ACCEPTANCE ON THOSE VARYING TERMS

# 1 THE PRIVILEGE OF PRIVATE NECESSITY WILL ONLY RENDER THE DEFENDANT LIABILE FOR

1. DAMAGES CAUSED

# 1 IF AN OWNER OF A DEFECTIVE PRODUCT SUFFERS PROPERTY DAMAGE FROM A DEFECTIVE PRODUCT, SHE DOES NOT NEED TO SUFFER THIS TO RECOVER FOR THE PROPERTY DAMAGE

1. PERSONAL INJURY

# 4 TIME, PLACE AND MANNER RESTRICTIONS MUST BE

1. CONTENT NEUTRAL 2. NARROWLY TAILORED 3. TO SERVE IMPORTANT GOVERNMENT INTEREST 4. LEAVE ALTERNATIVE CHANNELS OF COMMUNICATION OPEN

# 1 AT COMMON LAW, ASSAULT AND BATTERY WERE BOTH

1. MISDEMEANORS

# 1 HARMLESS ERROR

1. AN ERROR MADE DURING TRIAL THAT DOES NOT EFFECT OUTCOME OF CASE.

# 2 WAIVER OF MIRANDA - TO DETERMINE IF A KNOWING AND INTELLIGENT WAIVER HAS OCCURRED, THE COUR VIEWS

1. THE COMPETENCY OF THE DEFENDANT 2. THE CONDUCT OF THE POLICE

# 1 TAXES LEVIED ON SELLERS AT CONVENTIONS OR FAIRS WILL TYPICALLY

1. UNDULY BURDEN INTERSTATE COMMERCE

# 1 AGE RELATED RESTRICTIONS ON CANDIDACY WILL ONLY REQUIRE THIS LEVEL OF REVIEW

1. RATIONAL BASIS

# 2 ADDITIONAL TERMS IN A FORM CONTRACT - BOTH PARTIES MERCHANTS - TERMS BECOME PART OF THE CONTRACT UNLESS

1. OTHER MERCHANT OBJECTS W/IN 10 DAYS 2. NEW TERMS MATERIALLY ALTER CONTRACT

# 1 LAWS THAT IMPAIR EXISTING CONTRACTUAL RELATIONSHIPS MUST PROMOTE A

1. SIGNIFICANT AND LEGITIMATE PUBLIC PURPOSE

# 3 WHERE POLICE HAVE PROBABLE CAUSE TO SEARCH A CAR, THEY MAY SEARCH

1. CAR 2. TRUNK 3. CONTAINERS WITHIN CAR

# 1 PRIVACY EXPECTATION IN A JAIL CELL

1. NO REASONABLE EXPECTATION OF PRIVACY

# 1 A WRITTEN PROMISE TO PAY A DEBT BARRED BY THE STATUTE OF LIMITATIONS IS

1. BINDING

# 1 TEARING DOWN A SHED ON PROPERTY BEFORE IT IS PURCHASED WILL NOT REPRESENT

1. A DEFECT IN TITLE

# 1 WHERE RECEIPT OF PUBLIC FUNDS/SUBSIDIES ARE CONDITIONED ON RECIPIENTS' DENIAL OF CERTAIN SERVICES, LOOK TO SEE IF

1. LOSS OF THOSE SERVICES WOULD DEPRIVE SEEKING PARTIES DUE PROCESS RIGHTS

# 1 DEFENDANT WILL HAVE RIGHT TO COUNSEL PRESENT AT LINEUP WHEN

1. CHARGES HAVE BEEN FILED

# 1 EXECUTIVE AGREEMENT VS. STATE LAW - WHO WINS

1. EXECUTIVE AGREEMENT

# 1 POLITICAL QUESTIONS - A CLAIM BASED ON NON-COMPLIANCE WITH LAWS RELATED TO FOREIGN POLICY MAKING WILL CREATE

1. A JUSTICIABLE QUESTION

# 1 TRANSFERRED INTENT MAY OCCUR WHERE A DEFENDANT INTENDS TO COMMIT AN ASSAULT BUT INSTEAD COMMITS

1. A BATTERY

# 3 JUDGMENT IS VOID (RELIEF GRANTED TO PARTIES AGAINST WHOM JUDGMENT EXISTS) WHERE

1. LACK OF SUBJECT MATTER JURISDSICTION 2. LACK OF STANDING BY PLAINTIFF 3. DUE PROCESS ERROR DEPRIVING PARTY OF NOTICE/OPPORTUNITY TO BE HEARD

# 4 A COURT MAY NOT ADMINISTER ANTI-PSYCHOTIC MEDICATION AGAINST A DEFENDANT'S WILL WHERE THE DEFENDANT

1. IS ABLE TO UNDERSTAND THE PROCEEDINGS 2. CONSULT MEANINGFULLY WITH COUNSEL 3. ASSIST IN HIS/HER DEFENSE 4. **EVEN THOUGH** HE/SHE MAY BEHAVE IN AN UNUSUAL MANNER DUE TO MENTAL ILLNESS

# 1 HOURS BILLED BY AN ATTORNEY IS NOT COVERED BY

1. ATTORNEY CLIENT PRIVILEGE

# 2 IN A NUISANCE CLAIM, THE COURT MAY AWARD BOTH

1. INJUNCTION 2. DAMAGES

# 1 COMMERCE CLAUSE - EVEN WHERE A LOCAL FARMER PRODUCES LOCAL GOODS FOR A LOCAL MARKET ONLY - THE FARMERS ACTIONS WILL BE GOVERNED BY THE COMMERCE CLAUSE WHERE THEY HAVE A

1. SUBSTANTIAL EFFECT ON INTERSTATE COMMERCE

# 1 IF OMMITTED PARTY IS TAKING BY INTESTATE SUCCESSION AND TESTAMENTARY TRUST IS CREATED BY WILL USING LEFTOVERS OF ESTATE AS ITS PROPERTY, CARVE OUT

1. INTESTATE SHARE BEFORE TRUST TAKES

# 1 ONCE A DEED HAS BEEN DELIVERED, IT MAY NOT BE

1. CANCELLED

# 1 EVEN WHERE STATE COURT COMPLAINT IS AMENDED TO INCLUDE CLAIMS/DAMAGES THAT QUALIFY FOR DIVERSITY - REMOVAL MUST BE FILED

1. WITHIN ONE YEAR AFTER ACTION IS COMMENCED.

# 2 A PERSON WILL NOT BE LIABLE FOR DECEIT TORT IF

1. PERSON HAD A BELIEF STATEMENT WAS TRUE OR 2. PERSON DID NOT KNOW STATEMENT WAS FALSE

# 1 FIRST AMENDMENT AND DUE PROCESS REQUIRE AN ADULT BUSINESS OWNER DENIED A LICENSE FOR HIS BUSINESS AND CLAIMING DENIAL OF LICENSE VIOLATED CONSTITUTIONAL RIGHT TO RESOLUTION ARE ENTITLED TO

1. PROMPT JUDICIAL DETERMINATION OF VALIDITY OF THEIR CLAIM

# 1 COVENANTS OF WARRANTY COVENANTS OF QUIET ENJOYMENT COVENANTS OF FUTHER ASSURANCES MAY BE ENFORCED BY

1. REMOTE PARTIES

# 1 A CO-TENANT (TENANTS IN COMMON) IN POSSESSION OF PROPERTY IS NOT LIABLE TO THE CO-TENANT NOT IN POSSESSION FOR

1. RENT.

# 1 RUNNING FOR STATE OFFICE IS NOT THIS TYPE OF RIGHT

1. A FUNDAMENTAL RIGHT

# 1 WHERE A SELLER OF LAND DOES NOT DICLOSE THE EXISTENCE OF AN ADVERSE POSSESSOR, HE BREACHES THE

1. COVENANT OF WARRANTY

# 1 BEFORE MEETING THE NO REASONABLE MEANS OF ESCAPE ELEMENT OF FALSE IMPRISONMENT, THE PLAINTIFF MUST SHOW DEFENDANT HAD THE INTENT TO

1. RESTRAIN THE PLAINTIFF AGAINST HIS WILL.

# 2 WHERE BUYER RIGHTFULLY REJECTS A NON-CONFORMING GOODS, AND LATER SELLS THE GOODS ON SELLER'S BEHALF AFTER RECEIVING NO INSTRUCTION ABOUT WHAT TO DO WITH THE REJECTED GOODS, THE BUYER MAY DEDUCT

1. REASONABLE COSTS OF CARE AND SELLING GOODS 2. UP TO 10 PERCENT OF GROSS PROCEEDS

# 2 AN INDIGENT DEFENDANT REFUSED COUNSEL BY THE COURT MAY STILL BE

1. FINED

# 1 WHERE A PERSON HAS A REASONABLE OPPORTUNITY TO INSPECT GOODS, AND THE DEFECT IS _NOT_ DIFFICULT TO DISCOVER, THE ACCEPTANCE OF THE GOODS WILL NOT BE

1. REVOCABLE

# 1 FOURTH AMENDMENT - A VOLUNTARY STATEMENT MADE AFTER A VALID WAIVER OF MIRANDA MAY STILL BE INADMISSIBLE WHERE

1. FRUIT OF ILLEGAL ARREST, SEARCH OR SEIZURE

# 3 SUPPLEMENTAL JURISDICTION MAY EXIST DESPITE THE ABSENCE OF THIS IN THE SUPPLEMENTAL CLAIM

1. DIVERSITY 2. CITIZENSHIP 3. AMOUNT IN CONTROVERSY

# 1 WHERE AN INTERESTED PARTY WHOSE INTEREST MAY BE IMPAIRED BY ABSENCE REFUSES TO JOIN IN AN ACTION, THE COURT MAY MAKE HIM

1. AN INVOLUNTARY PLAINTIFF

# 1 WHERE A STATEMENT MADE TO A DOCTOR HAS NOTHING TO DO WITH TREATMENT/DIAGNOSIS, IT WILL NOT BE PROTECTED BY

1. THE PATIENT-PHYSICIAN PRIVILEGE

# 2 THE BEST APPROACH FOR AN ENEMY COMBATANT WHO IS CONFINED WITHOUT HEARING IS TO SEEK RELIEF BASED ON

1. DENIAL OF LIBERTY 2. WITHOUT SUFFICIENT DUE PROCESS

# 2 REPLEVIN TO RECOVER GOODS

1. BUYER CAN'T FIND SUFFICIENT COVER 2. GOODS WERE SUFFICIENTLY IDENTIFIED BY VALID CONTRACT

# 1 NON-ASSIGNABILITY CLAUSES WILL NOT AFFECT

1. ASSIGNMENTS OF ANYTHING LESS THAN THE ENTIRE INTEREST (USUALLY SUBLEASES)

# 1 A DEED ABSOLUTE WILL BE CONSTRUED TO ACTUALLY BE

1. A MORTGAGE

# 1 IF A TRIAL IS UNFAIR, RATHER THAN MERELY IMPERFECT, THE AFFECTED PARTY IS ENTITLED TO

1. A NEW TRIAL

# 2 TO ADMIT A SUMMARY OF VOLUMINIOUS RECORDS INTO THE EVIDENCE, THESE THINGS MUST HAPPEN

1. OPPORTUNITY FOR OTHER SIDE TO INSPECT 2. QUALIFYING WITNESS MUST TESTIFY AS TO THE RELIABLITY OF THE SUMMARY

# 1 FIDGETING CAR PASSENGERS DOES NOT AMOUNT TO

1. PROBABLE CAUSE FOR AUTOMOBILE EXCEPTION

# 2 CROSS-EXAMINATION OF A WITNESS AT A PRELIMINARY HEARING IS NOT REQUIRED BY

1. CONFRONTATION CLAUSE 2. OF SIXTH AMENDMENT

# 1 IF ALL PARTIES AGREE TO TRANSFER OF VENUE, TRANSFER IS APPROPRIATE EVEN WHERE

1. THE CASE MAY **NOT** HAVE ORIGINALLY BEEN BROUGHT.

# 1 AN OBSERVATION MADE BY THE DECLARANT, AS OPPOSED TO THE DECLARANT'S STATE OF MIND, WHILE UNDER THE STRESS OF THE INCIDENT OR IMMEDIATELY THEREAFTER WILL BE CONSIDERED AN

1. EXCITED UTTERANCE

# 1 EVEN WHERE DEFENDANT HAS COMMITTED BURGLARY, WHERE THERE IS A VIOLENT TAKING OF THE VICTIM'S PROPERTY, DEFENDANT IS ALSO GUILTY OF

1. ROBBERY

# 3 ONLY THESE INVOLUNTARY DISMISSALS WILL NOT SERVE AS AN ADJUDICATION ON THE MERITS

1. LACK OF JURISDICTION 2. IMPROPER VENUE 3. FAILURE TO JOIN A NECESSARY PARTY UNDER RULE 19

# 2 WHERE IT IS UNCLEAR IF A STATE COURT DECISION WAS MADE ON FEDERAL LAW OR STATE LAW, THE SUPREME COURT MAY

1. TAKE THE CASE 2. DISS CASE 3. REMAND CASE FOR CLARIFICATION

# 1 MERGER OF SOLICIATION WITH ATTEMPT CRIME

1. SOLICIATION WILL MERGE WITH ATTEMPT CRIME

# 1 RIGHT TO JURY TRIAL ONLY ATTACHES WHERE

1. POTENTIAL SENTENCE OF OVER SIX MONTHS

# 2 JOINT CONTROL CONSENT TO SEARCH WILL ONLY APPLY TO

1. COMMON AREAS 2. NOT PRIVATE AREAS (LOCKED OR UNLOCKED)

# 1 DORMANT COMMERCE CLAUSE - STATES MAY DISCRIMINATE AGAINST OUT OF STATE BUSINESSES WHERE THE IN STATE BUSINESSES ARE PERFORMING

1. A TRADITIONALLY GOVERNMENT FUNCTION

# 1 WITNESS STATEMENTS WITHIN POLICE REPORTS AMOUNT TO

1. DOUBLE HEARSAY

# 1 MOTIVE EVIDENCE IS NOT

1. HEARSAY

# 1 IF THE SELLER FAILS TO CURE A TITLE DEFECT AT THE TIME OF CLOSING, THE BUYER MAY SUE FOR

1. AN ABATEMENT OF THE PRICE

# 2 PRIVILEGES AND IMMUNITIES CLAUSE WILL NOT APPLY TO

1. NON-CITIZENS 2. CORPORATIONS

# 1 WHERE BUYER RECEIVES LESS THAN CONTRACTED FOR QUANTITY OF ITEMS AND ACCEPTS THE NON-CONFORMING QUANTITY, HE MAY STILL

1. SUE FOR MATERIAL BREACH

# 1 FEDERAL COURT CUTOFF FOR TIME TO FILE A MSJ AFTER DISCOVERY HAS ENDED

1. 30 DAYS

# 1 IF IT IS UNCLEAR WHETHER OR NOT A CASE DECISION WAS FORMED ON "ADEQUATE AND INDEPENDENT STATE GROUNDS", THE SUPREME COURT WILL EVALUATE THE INDEPENDENCE OF THE STATE DECISION BASED ON

1. THE APPARENT INDEPENDENCE OF STATE GROUNDS BASED ON THE FOUR CORNERS OF THE STATE COURT'S OPINION

# 1 SIXTH AMENDMENT CONFRONTATION CLAUSE ONLY APPLIES TO HEARSAY STATEMENTS THAT ARE

1. TESTIMONIAL IN NATURE

# 1 IN FEDERAL CRIMINAL PROSECUTIONS, THE BURDEN OF PROOF OF INSANITY IS ON THE

1. DEFENDANT

# 1 WHEN A SUMMARY OF VOLUMINOUS RECORDS IS ADMITTED, THE JURY MAY DECIDE

1. HOW MUCH WEIGHT TO GIVE THE SUMMARY

# 1 WHERE A CONTRACT IS ENTERED INTO AND THE INTENDED PURPOSE FOR ENTERING THE CONTRACT BECOMES ILLEGAL, PERFORMANCE WILL BE EXCUSED DUE TO

1. FRUSTRATION OF PURPOSE

# 1 EVIDENCE OF MOTIVE BASED ON FINANCIAL HARDSHIP BEING USED IN A THEFT CRIME WILL LIKELY BE

1. MORE PREJUDICIAL THAN PROBATIVE

# 1 EXPRESS CONSENT TO ACT OCCURS WHERE PLAINTIFF

1. AFFIRMATIVELY COMMUNICATES PERMISSION TO PERFORM ACT

# 1 JURY INSTRUCTIONS ON CRIMES WHERE ONE INVOLVES MALICE AND ONE FOR AN INDEPENDENT OFFENS DOES NOT INCLUDE MALICE MUST PROPERTY INSTRUCT ON

1. WHAT CONSTITUTES MALICE

# 1 BATTERY W/OUT TOUCHING FROM CAUSING ALLERGENS MAY RESULT WHERE DEFENDANT KNEW

1. PLAINTIFF WAS EXTREMELY SENSITIVE

# 3 PLAIN ERROR STANDARD

1. SERIOUS TRIAL ERROR NOT OBJECTED TO BY COUNSEL 2. ADMITTED EVIDENCE CAUSING PREJUDICE TO CRIMINAL DEFENDANT 3. APELLATE COURT MAY ORDER NEW TRIAL

# 2 FOR A FORECLOSURE SALE, A "FAIR" PRICE IS NOT THE SAME THING AS

THE MARKET PRICE.

# 3 JURY SELECTION CHALLENGES FOR CAUSE FALL INTO THESE CATEGORIES

1. GENERAL DISQUALIFICATION (FELONY CONVICTION OR INHERENT DISQUALIFICATION) 2. IMPLIED BIAS 3. ACTUAL BIAS

# 1 A PHOTOGRAPH OF THE SITE OF AN ACCIDENT, EVEN IF TAKEN SEVERAL MONTHS LATER, WILL BE ADMISSIBLE IF

1. IT MEETS FOUNDATIONAL REQUIREMENTS

# 1 TOLLS THAT ARE APPLIED EVENLY TO IN STATE AND OUT OF STATE DRIVERS DO NOT

UNDULY BURDEN INTERSTATE COMMERCE

# 1 IF LIABILITY/ABSENCE OF LIABILITY IS FOUND BY A PREVIOUS VERDICT, USE THIS TO PREVENT ENTIRE CLAIM FROM BEING HEARD AGAIN

1. CLAIM PRECLUSION/RES JUDICATA

# 1 AN OUTDOORSMAN WHO ACCIDENTALLY SHOOTS AN UNKNOWN PERSON IN A REMOTE AREA WILL NOT BE LIABLE FOR SHOOTING BECAUSE

1. THE UNKNOWN PERSON WAS AN UNFORESEEABLE PLAINTIFF

# 1 VOLUNTARILY BECOMING INVOLVED IN A MATTER OF PUBLIC CONCERN WILL LIKELY PUT YOU INTO THIS FOR DEFAMATION STANDARDS

1. PUBLIC FIGURE

# 1 TO DEFEND DEPICTIONS OF PHOTOGRAPHS OF SEXUAL INTERCOURSE FROM A CLASSIFICATION OF OBSCENITY, USE THEIR

1. SLAP CLASSIFICATION

# 2 NON-JURY TRIAL MOTION FOR NEW TRIAL MUST BE FILED WITHIN

28 DAYS

# 1 CRIMINAL STATUTE IS NOT VOID FOR VAGUENESS WHERE

1. NOTICE IS PROVIDED AS TO WHAT KIND OF BEHAVIOR WILL RESULT IN CRIMINAL PROSECUTION

# 2 WHERE A JUROR HAS BEEN PREJUDICED AGAINST DEFENDANT BY READING A NEWSPAPER ARTICLE ABOUT THE DEFENDANT (AGAINST THE COURT'S ORDERS) THE COURT SHOULD

1. ORDER A NEW TRIAL 2. IF REASONABLE LIKELIHOOD OF PREJUDICE

# 2 COVENANT OF WARRANTY - GRANTOR AGREES TO

1. DEFEND GRANTEE AGAINST CLAIMS OF A THIRD PARTY AGAINST TITLE 2. COMPENSATE GRANTOR FOR ANY CLAIMS OF SUPERIOR TITLE

# 1 A SELLER HAS UNTIL ______ TO REMEDY A DEFECT IN TITLE

1. CLOSING DATE

# 1 ON FACT PATTERNS WITH YOUNG ADULTS, EXAMINE

1. AGE OF YOUNG ADULT WHEN ENTERED THE CONTRACT.

# 1 MORTGAGES CANNOT CIRCUMSCRIBE A RIGHT TO REDEEM BY DISGUISING A MORTGAGE AS AN

1. OUTRIGHT CONVEYANCE

# 1 FEDERAL CIVIL JURY VERDICTS MUST BE

1. UNANIMOUS

# 1 ANTICIPATING A FEDERAL DEFENSE WILL NOT CREATE

1. FEDERAL QUESTION JURISDICTION

# 1 INJUNCTIONS FOR NUISANCE CLAIMS MAY ONLY BE SOUGHT BY

1. THE POSSESSORS OF PROPERTY

# 1 STATEMENTS MADE TO LAW ENFORCEMENT ARE TESTIMONIAL IN NATURE WHEN THERE IS NO

1. ONGOING EMERGENCY

# 1 WHERE INDIGENT DEFENDANT REFUSED COUNSEL BY THE COURT FOR A CRIME CARRYING THE POTENTIAL OF IMPRISONMENT BUT ONLY SENTENCED WITH A FINE, THE SENTENCE WILL BE

1. UPHELD

# 3 SUFFERING FROM DELUSIONS AND UNCONTROLLABLE OUTBURSTS WILL NOT RENDER A DEFENDANT INCOMPETENT TO STAND TRIAL AND/OR REQUIRED TO TAKE MEDICATION TO BE COMPETENT WHERE THE DEFENDANT STILL

1. CAN ASSIST COUNSEL IN HIS/HER DEFENSE 2. CONSULT MEANINGFULLY WITH COUNSEL 3. UNDERSTAND THE PROCEEDINGS

# 1 TIMING OF INTENT REQUIREMENT FOR RECEIVING STOLEN PROPERTY - DEFENDANT MUST KNOW PROPERTY IS STOLEN AT THE TIME

1. PROPERTY IS RECIEVED OR DEFENDANT EXERCISES CONTROL OVER THE GOODS

# 1 DAMAGES FOR PERSONAL INJURY CAUSED BY BREACH OF CONTRACT ARE RECOVERABLE IF

1. THE POSSIBLE PERSONAL INJURY WAS FORESEEABLE AT THE TIME OF ENTRY INTO THE CONTRACT.

# 1 THE DEFENDANT FEELING BETTER WILL NOT AMOUNT TO

1. SUFFICIENT CONSIDERATION

# 1 WHERE UNFORSEEN CIRCUMSTANCES FRUSTRATE THE PURPOSE OF A LANDSALE PURCHASE AND BUYER WILL NOT CLOSE ON A PROPERTY GREATLY REDUCED IN VALUE, THE COURT MAY NOT ORDER PAYMENT/SPECIFIC PERFORMANCE BECAUSE,

1. SELLER WILL BE UNJUSTLY ENRICHED

# 1 A DEFENDANT WHO USES A CABIN FOR PRIVATE NECESSITY AND DOES NOT CAUSE ANY HARM WILL NOT BE LIABLE FOR ITS

1. RENTAL VALUE

# 1 STRICT LIABILITY FOR AN ABNORMALLY DANGEROUS ACTIVITY IS STILL IMPOSED WHERE THE HARM WAS TRIGGERED BY

1. AN ACT OF GOD

# 1 WHERE A PRODUCT IS INTENDED TO PERFORM A DANGEROUS FUNCTION, AND IT PERFORMS THAT DANGEROUS FUNCTION AS INTENDED, IT WILL NOT BE FOUND TO BE

1. DEFECTIVE OR UNREASONABLY DANGEROUS.

# 2 SEARCH WARRANTS AND BARNS

1. USUALLY NEED A WARRANT 2. UNLESS WARRANT EXCEPTION EXISTS

# 1 FEDERAL COURT - DEADLINE TO FILE A REPLY TO OPPOSITION TO MSJ

1. 14 DAYS

# 1 PROCEDURAL DUE PROCESS - BEFORE DEPRIVATION OF LIFE, LIBERTY OR PROPERTY INTEREST, GOVERNMENT MUST PROVIDE

1. FAIR PROCESS/PROCEDURE

# 1 WHERE A PORTION OF SELLER'S PROPERTY IS CONVEYED, MAKE SURE THE LAND SALE CONTRACT DOES NOT MISTAKENLY IDENTIFY

1. SELLER'S ENTIRE TRACT OF LAND

# 1 IF TYPE OF TITLE BEING CONVEYED IS OMMITTED FROM A LAND SALE CONTRACT, THE SELLER IS REQUIRED TO CONVEY THIS AT CLOSING

1. MARKETABLE TITLE

# 1 A LIFE TENANT MAY NOT LEASE PROPERTY FOR LONG THAN THE PERIOD OF

HIS LIFE

# 2 IS A DETERMINATION OF CUSTODY BASED ON OBJECTIVE OR SUBJECTIVE FACTORS?

1. OBJECTIVE FACTORS 2. NOT POLICE OR DEFENDANT'S SUBJECTIVE BELIEFS

# 1 A JUDGE MAY NOT ENTER SANCTIONS FOR VIOLATIONS OF RULE 11 WITHOUT A

1. SHOW CAUSE HEARING

# 1 IN A CONTRACT MADE BETWEEN TWO MERCHANTS AND A CONFIRMING MEMO HAS A TRANSCRIPTION ERROR IN REGARD TO THE QUANTITY OF ITEMS BEING SHIPPED, A STATUTE OF FRAUDS DEFENSE WILL NOT WORK WHERE

1. AFFECTED PARTY FAILS TO OBJECT TO THE CHANGED QUANTITY WITHIN 10 DAYS.

# 1 WHERE A 911 CALL IS MADE TO OBTAIN POLICE ASSISTANCE FOR AN EMERGENCY, THE STATEMENTS MADE ARE NOT

1. TESTIMONIAL IN NATURE

# 2 PRE-TRIAL ATTACHMENT OF PROPERTY REQUIRES THAT THE PROPERTY BE LOCATED IN A FORUM WHERE PLAINTIFF HAS

1. MINIMUM CONTACTS 2. SUFFICIENT TO NOT OFFEND FAIR PLAY AND SUBSTANTIAL JUSTICE

# 1 TO ESTABLISH FEDERAL SMJ OVER A STATE LAW CLAIM THAT INVOLVES FEDERAL LAW, THE FEDERAL LAW'S IMPACT ON THE CLAIM MUST BE

1. SUBSTANTIAL

# 2 ACQUITTAL FOR UNDERLYING CRIME GIVING RISE TO FELONY MURDER CHARGE WILL TRIGGER

1. DOUBLE JEOPARDY

# 2 A PROSECUTOR CAN OVERRIDE A WITNESS' CLAIM OF FIFTH AMENDMENT PRIVILEGE BY GIVING HER

1. TRANSACTIONAL OR 2. USE IMMUNITY.

# 1 EMPLOYEE BONUSES PROMISED _AFTER_ EMPLOYEE GARNERS SALES INCREASES FOR HER COMPANY WILL TYPICALLY BE CONSIDERED

1. UNENFORCEABLE DONATIVE PROMISE

# 3 REQUIREMENTS FOR LEGAL SUCCESSION RELATIONSHIP BETWEEN STEP OR FOSTER CHILDREN AND STEP OR FOSTER PARENT

1. RELATIONSHIP BEGAN DURING CHILD'S MINORITY 2. PARENT WOULD HAVE ADOPTED BUT FOR LEGAL HURDLE 3. RELATIONSHIP LASTED THROUGH LIFETIMES

# 1 IN ABSTAINING TO MAKE A DECISION OF UNSETTLED ISSUES OF STATE LAW IN A CASE THAT ALSO INCLUDES A CONSTITUTIONAL ISSUE, THE COURT ABSTAINS **_BECAUSE_**

1. STATE COURT RESOLUTION OF THE UNSETTLED STATE LAW ISSUE MAY MAKE IT UNNECESSARY TO TO DECIDE THE CONSITUTIONAL LAW ISSUE

# 2 A DUPLICATE DOCUMENT IS ADMISSIBLE TO THE SAME EXTENT AS ORIGINAL DOCUMENT UNLESS

1. AUTHENTICITY OF THE ORIGINAL IS IN DISPUTE OR 2. UNDER THE CIRCUMSTANCES, IT WOULD BE UNFAIR TO ADMIT THE DUPLICATE IN LIEU OF THE ORIGINAL

# 1 WHERE THE PRESIDENT EXERCISES HIS EXECUTIVE PRIVILEGE TO IN RESPONSE TO A SUBPOENA OF COMMUNICATIONS, HIS PRIVILEGE IS ABSOLUTE WHERE DEALING WITH MATTERS OF

1. NATIONAL SECURITY.

# 2 FIFTH AMENDMENT PRIVILEGE WILL NOT APPLY TO SHIELD THE DEFENDANT FROM

1. CIVIL LIABILITY 2. EMBARASSMENT

# 2 CONSEQUENCE OF TRANSFER OF FEE SUBJECT TO EXECUTORY LIMITATION THAT VIOLATES THE RAP

1. EXECUTORY LIMITATION IS STRICKEN 2. BECOMES FEE SIMPLE

# 1 WHERE DEFENDANT MADE ALREADY MADE PAYMENTS TO PLAINTIFF (OR DEFENDANT'S INSURANCE DID SO)

1. COLLATERAL SOURCE RULE WILL NOT APPLY.

# 1 WHERE A PARTY IS SEEKING MEDICAL ASSISTANCE, STATEMENTS POINTING TO THE PERSON WHO IS RESPONSIBLE FOR THE CONDITION WILL NOT COME IN

1. UNDER THE MEDICAL DIAGNOSIS EXCEPTION

# 1 WHERE A PARAMEDIC IS **NOT** ACTING UNDER THE DIRECTION OF A PHYSICIAN - CONVERSATIONS WITH HIM WILL NOT BE PROTECTED BY THE

1. PATIENT-PHYSICIAN PRIVILEGE

# 1 MONEY OBTAINED BY MISREPRESENTATIONS MADE W/DEFENDANTS INTENT TO PERMANENTLY DEPRIVE VICTIM OF MONEY

1. WILL AMOUNT TO FALSE PRETENSES CRIME

# 1 WHENEVER ASSAULT OR BATTERY (NOT AGGRAVATED, NO INTENT TO COMMIT SERIOUS BODILY DAMAGE) CAUSE AN UNINTENDED HOMICDE, DEFENDANT WILL TYPICALLY BE CHARGED WITH

1. INVOLUNTARY MANSLAUGHTER

# 1 CONGRESS MAY ABROGATE STATES' SOVEREIGN IMMUNITY

TO ENFORCE 14TH AMENDMENT

# 1 MARITAL PRIVILEGE DOES NOT APPLY TO

1. DOMESTIC ACTIONS

# 1 CONGRESS MAY ABROGATE STATES' SOVEREIGN IMMUNITY

1. ANYTHING NOT VIOLATING CONSTITUTION

# 1 A PLAINTIFF WILL ONLY PREVAIL ON A TRESSPASS TO CHATTELS ACTION WHERE SHE CAN SHOW

1. ACTUAL DAMAGES

# 1 NON-DISCLOSURE OF VALUE WILL NOT CREATE LIABILITY FOR

1. DECIEPT

# 1 PAST GOOD ACTS ARE ALSO NOT ADMISSIBLE TO SHOW

1. CONDUCT IN CONFORMITY WITH CHARACTER

# 1 UNDER UNIFORM VENDER AND PURCHASRER RISK ACT, THE RISK OF DAMAGES TO THE PROPERTY STAYS WITH THE ______ UNTIL CLOSING

1. THE SELLER.

# 1 IF THE CRIME SEEMS TO BE A GENERAL INTENT CRIME, BEFORE EVALUATING ANSWERS, MAKE SURE IT IS NOT ACTUALLY

1. AN ATTEMPT OF THAT GENERAL INTENT CRIME

# 1 FOREIGN CITIZENS SEEKING REDRESS FOR THE ACTIONS OF THE MILITARY WILL USUALLY POSE

1. A POLITICAL QUESTION

# 1 A PROMISOR MAY NOT ASSERT DEFENSES AGAINST PROMISEE BASED ON

1. OTHER TRANSACTIONS

# 1 TIMELY CLAIM FOR JURY TRIAL IN FEDERAL COURT MUST BE MADE

1. WITHIN 14 DAYS OF SERVICE OF LAST PLEADING DIRECTED TO ISSUES TO BE TRIED BEFORE A JURY

# 1 LEASEHOLDS AND DEATH - A DEATH WILL NOT TERMINATE

1. A LEASE OF PROPERTY

# 1 FORCED INCLUSION BY STATUTE OF MEMBERS INTO A PRIVATE ORGANIZATION VIOLATES THE

1. FIRST AMENDMENT FREEDOM OF ASSOCIATION

# 2 EMPLOYEE FINES BASED ON WARNING/NOTICES AT WORK SITE WILL TYPICALLY BE FOUND

1. UNENFORCEABLE AS A PENALTY 2. BECAUSE DAMAGES SHOULD LIQUIDATE DAMAGES CAUSED BY VIOLATION, IF ANY

# 1 WHERE AN TRESPASSER MEETS THE ADVERSE POSSESSION REQUIREMENTS FOR A PART OF AN OWNER'S LAND

1. THE TRESPASSER WILL GAIN OWNERSHIP OF THE PART OF LAND SHE ADVERSELY OCCUPIED.

# 2 CONFESSION BY DEFENDANT - VOLUNTARINESS STANDARD IS EVALUATED BY

1. NATURE OF THE DEFENDANT (AGE, SEX, RACE, MENTAL CONDITION, PHYSICAL CONDITION, HISTORY OF DRUG OR ALCOHOL ABUSE) 2. NATURE OF THE POLICE CONDUCT

# 1 CRIME SCENE EXCEPTION TO WARRANT REQUIREMENT

1. NO SUCH THING

# 1 IMPEACHMENT OF A WITNESS USING A FRAUD/CRIMEN FALSI IS ONLY ALLOWED IF THE WITNESS WAS

1. **CONVICTED** OF THE CRIME, NOT JUST CHARGED.

# 1 IF THE URGED CRIME IS COMMITTED, SOLICITATION

1. WILL BE MERGED INTO THE URGED CRIME.

# 1 WHEN CHARACTER IS AT ISSUE IN A CASE, STILL BE ON THE LOOKOUT FOR INSTANCES OF CHARACTER SHOWN BY

1. HEARSAY

# 1 RECORDED EASEMENT FOR SHARED DRIVEWAY - EVEN WHEN A NEW ROAD IS BUILT, AND DRIVEWAY IS PRIMARILY ON ONE LOT - THIS WILL NOT OCCUR

1. TERMINATION OF EASEMENT

# 1 DORMANT COMMERCE CLAUSE - IF A STATE CONSTRUCTS A STATE OF THE ART RECYCLING FACILITY TO SHOWCASE NEW DISPOSAL METHODS AND CHARGES OUT-OF-STATES BUSINESSES A HIGHER DISPOSAL FEE, IT WILL BE ALLOWED TO VIOLATE THE DORMANT COMMERCE CLAUSE BECAUSE

1. THE STATE IS A MARKET PARTICIPANT

# 1 FOR A MOTION TO DISMISS BASED ON FAILURE TO JOIN INDISPENSIBLE PARTY UNDER 19B, SEE IF THE FACT PATTERN PROVIDES THIS IF CASE IS DISMISSED

1. ALTERNATE FORUM WHERE PLAINTIFF CAN SEEK RELIEF

# 1 BECAUSE FEE TAILS ARE DISFAVORED IN MODERN LAW, WHERE A GRANTEE RECEIVES A GRANT WITH THE WORDS "AND THE HEIRS OF HIS BODY", MOST JURISDICTIONS WILL FIND THE GRANTEE HAS

1. A FEE SIMPLE ABSOLUTE

# 1 THE COURT MAY GRANT LEAVE TO FILE UNTIMELY JURY INSTRUCTIONS

1. ON ANY ISSUE

# 1 A REFERENDUM ALLOWING DIRECT POLICTICAL PARTICIPATION IN VETO OVER LEGISLATIVE ENACTMENTS IS NOT

1. A DELEGATION OF LEGISLATIVE POWER

# 2 WHAT IS THE DEADLINE TO FILE A RESPONSE TO A MOTION FOR SUMMARY JUDGMENT IN FEDERAL COURT?

21 DAYS

# 1 ADVERSE POSSESSION AND GOVERNMENT PROPERTY - TITLE TO GOVERNMENT PROPERTY MAY NOT BE OBTAINED BY

1. ADVERSE POSSESSION

# 2 WHERE A COURT GRANTS A RENEWED MOTION JUDMENT AS A MATTER OF LAW, IT MUST ALSO RULE ON

1. MOTION FOR NEW TRIAL

# 1 DEFAMATORY STATEMENTS ARE NOT

1. HEARSAY

# 1 DIVERSITY - A CORPORATION'S HEADQUARTERS EXISTING IN THE SAME STATE AS THE OPPOSING PARTY

1. WILL NOT DESTROY DIVERSITY.

# 1 FOR DETERMINING APPELLATE REVIEW QUALIFICATIONS FOR INTERLOCUTORY ORDER, LOOK TO SEE IF INTERLOCUTORY ORDER (TRIAL ORDER)

1. WOULD DESTROY A SUBSTANTIAL RIGHT OF THE PARTY

# 2 UCC - REQUIREMENT CONTRACTS IMPLIED COVENANT OF BEST EFFORTS REQUIREMENTS - BEST EFFORTS ARE REQUIRED TO

1. SUPPLY GOODS BY PRODUCER 2. PROMOTE SALE BY BUYER

# 1 WHEN THE GOVERNMENT USES PRIVATE AGENTS OR QUASI-PRIVATE AGENTS TO ACCOMPLISH A SEARCH OR SEIZURE, THOSE AGENTS/QUASI-AGENTS ARE SUBJECT TO

1. FOURTH AMENDMENT REQUIREMENTS

# 1 GOREY MURDER VICTIM PHOTOS ARE TYPICALLY

1. MORE PREJUDICIAL THAN PROBATIVE

# 1 FOR A NEGLIGENCE CAUSE OF ACTION, EVEN WHERE A DUTY WAS BREACHED, THE PLAINTIFF WILL NOT RECOVER IF THESE WERE NOT CAUSED BY THE BREACH

1. NO DAMAGES

# 1 AN OWNER OF A DOMESTIC ANIMAL WILL NOT BE LIABLE FOR THE INJURIES IT CAUSES WHERE SHE

1. KEEPS IT WITH DUE CARE.

# 1 BURDEN OF PROOF OF COMPETENCY IN CRIMINAL CASE RESTS ON

PROSECUTION

# 1 NOTICE IS REQUIRED TO BE GIVEN TO CERTIFIED CLASS MEMBERS WHEN A VOLUNTARY DISMISSAL IS MADE

1. WITH PREJUDICE

# 2 WHERE A PARTY RECOGNIZES A FORGERY BECAUSE SHE IS FAMILIAR WITH THE VALID VERSION OF THE SIGNATURE, HER TESTIMONY IS ADMISSIBLE BECAUSE A LAY WITNESS CAN TESTIFY REGARDING

1. HANDWRITING

# 1 WHEN CONGRESS IS REGULATING A STATE BUSINESS, SAFETY LAWS ARE NOT GENERALLY FOUND TO

1. VIOLATE THE TENTH AMENDMENT

# 1 WHEN ALLEGING VIOLATION OF DUE PROCESS, THE PARTY ALLEGING THE VIOLATION MUST FIRST SHOW

1. HIS/HER DUE PROCESS RIGHTS WERE VIOLATED.

# 1 A PROFESSIONAL RACE CAR DRIVER MUST HAVE THE DRIVING SKILLS OF A

1. REASONABLE PROFESSIONAL RACE CAR DRIVER

# 1 TO NECESSITATE LEGISLATION UNDER THE EQUAL PROTECTION CLAUSE/14TH AMENDMENT - THE STATE VIOLATIONS OF THE BEHAVIOR MUST BE

1. WIDESPREAD

# 1 UPON GAINING HER INTEREST, THE REMAINDERMAN MAY DO THIS WITH TENANTS OF THE LIFE ESTATE HOLDER

1. EJECT THEM

# 1 IN CALIFORNIA, TO TRULY OMIT A CHILD, IT MUST BE

1. APPARENT ON FACE OF WILL

# 2 WAIVER OF MIRANDA - DEFENDANTS HAVE TYPICALLY HAD DIFFICULTY ASSERTED THEIR WAIVER OF MIRANDA WAS INVALID DUE TO

1. INTOXICATION 2. INFLUENCE OF DRUGS OR ALCOHOL

# 1 A STATUTE BARRING AN PHYSICIAN FROM PRACTICING MEDICINE AFTER LOSING HIS LICENSE IS NOT DESIGNED TO PROTECT AGAINST

1. USING UNSANITIZED INSTRUMENTS DURING SURGERY

# 1 STANDING WILL EXIST FOR PROSPECTIVE INJURIES WHERE INJURY IS

1. IMMINENT

# `1 DEFINITIONS FOR STRICT PRODUCTS LIABILITY

1. UNDER TORT LAW, ANY COMMERCIAL SUPPLIER WHO RELEASES AN UNREASONABLY DANGEROUS DEFECTIVE PRODUCT INTO THE STREAM OF COMMERCE WILL BE STRICTLY LIABLE FOR THE PERSONAL INJURY OR PROPERTY DAMAGE THAT THE DEFECT CAUSED.

# 1 UNDER THE DOCTRINE OF WORTHIER TITLE, WHERE THE GRANTEE CONVEYS AN ESTATE LESS THAN FEE SIMPLE BUT GIVES HIS HEIRS THE REVERSIONARY INTEREST, THERE IS A REBUTTABLE PRESUMPTION THAT THE GRANTOR WANTED TO ACTUALLY CREATE

1. A REVERSION FOR HIMSELF

# 3 PROCEDURAL DUE PROCESS - WHERE LIFE, LIBERTY, OR PROPERTY INTEREST IMPAIRED/DEPRIVED, THE GOVERNMENT MUST PROVIDE

1. NOTICE 2. OPPORTUNITY TO BE HEARD 3. BEFORE A NEUTRAL DECISION MAKER

# 1 APPEAL/MOTION TO VACATE JUDGMENT BASED ON VOIDNESS TIME DEADLINE

1. NONE

# 1 FOR THE LAST CLEAR CHANCE DOCTRINE TO APPLY, THE PLAINTIFF'S NEGLIGENCE MUST HAVE PLACED HIM IN A POSITION OF PERIL FROM WHICH

1. HE COULD NOT EXTRICATE HIMSELF

# 2 RIGHT TO COUNSEL - IF A DEFENDANT WAIVES RIGHT TO COUNSEL AND IS COMPETENT

1. HE MUST BE ALLOWED TO DO SO

# 2 DISCLOSURES FROM CONSULTING EXPERTS ARE ONLY AVAILABLE UNDER

1. EXCEPTIONAL CIRCUMSTANCES 2. WHERE IT WOULD BE IMPRACTICABLE FOR THE PARTY TO OBTAIN FACTS OR OPINONS BY ANY OTHER MEANS

# 1 A PRODUCT IS UNREASONABLY DANGEROUS IF THE FORESEEABLE USER WOULD NOT EXPECT

1. THE TYPE OF INJURY CAUSED BY THE PRODUCT.

# 1 TO RELIEVE A TENANT OF A DUTY TO PAY RENT DUE TO BREACH OF COVENANT OF QUIET ENJOYMENT OR CONSTRUCTIVE EVICTION, THE TENANT MUST

1. MOVE OUT.

# 1 BEFORE CRIME IS COMMITTED, IF DEFENDANT VOLUNTEERS TO HELP CO-DEFENDANT W/A CRIME, HE IS NOT YET AN ACCESSORY BUT HE IS

1. A CONSPIRATOR

# 1 LEVEL OF PROOF REQUIRED FOR PROOF OF COMPETENCY

1. PREPONDERANCE OF EVIDENCE

# 1 PROPONDERANCE OF EVIDENCE STANDARD FOR ADMISSIBILITY OF EVIDENCE

1. ENOUGH FACTS TO TIP THE BALANCE TOWARD ADMISSIBILITY

# 1 EVEN WHERE DEFENDANT REASONABLY BELIEVES SHE IS TRESPASSORILY TAKING ANOTHER'S PROPERTY, SHE WILL NOT BE GUILTY OF LARCENY WHERE THE RIGHTFUL OWNER

1. HAS CONSENTED TO THE TAKING.

# 1 FOR TORTIOUS ASSAULT, THIS IS CHARACTER TRAIT IS AT ISSUE SUFFICIENT TO ALLOW EVIDENCE OF PAST VIOLENT ACTS TO COME IN

1. THE DEFENDANT'S CHARACTER FOR BEING A VIOLENT PERSON

# 1 CERTIFIED CLASS ACTIONS MUST HAVE THIS TO BE VOLUNTARILY DISMISSED

1. COURT APPROVAL

# 1 DUTIES MAY NOT BE DELEGATED WHEN THE PROMISOR

1. IS A WELL KNOWN PROFESSIONAL WITH UNIQUE SKILLS.

# 1 IF YOU RECOVER SPECIFIC PERFORMANCE, YOU MAY NOT ALSO GET

1. DAMAGES

# 1 THE APPELLATE COURT WILL REVIEW THESE TRIAL COURT DECISIONS DE NOVO

1. CONCLUSIONS OF LAW

# 1 LIQUIDATED DAMAGES CLAUSES WILL NOT BE ENFORCED WHERE THEY ARE ESSENTIALLY

1. PENALTIES

# 4 NON-MUTUAL COLLATERAL ESTOPPEL IS AVAILABLE FOR USE IN FEDERAL COURT WHERE

1. ISSUE WAS LITIGATED AND DETERMINED IN PRIOR SUIT 2. ISSUE WAS ESSENTIAL TO JUDGMENT 3. FINAL JUDGMENT ON THE MERITS 4. PARTY WHOM AGAINST PRECLUSION SOUGHT HAD FULL AND FAIR OPPORTUNITY TO LITIGATE THE ISSUE IN THE PREVIOUS LAWSUIT

# 2 EXPERT TESTIMONY ASSESSING DEFENDANT'S MENTAL HEALTH MAY TESTIFY TO

1. MENTAL DISEASE 2. BUT NOT WHETHER OR NOT HE COULD DETERMINE RIGHT FROM WRONG

# 1 WHERE DEFENDANT A SOLICITS DEFENDANT B TO COMMIT A MURDER WITH AN INSTRUMENTALITY INCAPABLE OF CAUSING HARM AND DEFENDANT B IS GUILTY OF ATTEMPTED MURDER - DEFENDANT A WILL BE GUILTY OF

1. NOTHING.

# 2 WHERE A HOMEOWNER/MORTGAGOR GRANTS AN EASEMENT AND IS **CURRENT** ON HER MORTGAGE PAYMENTS

SHE CANNOT BE FOUND IN DEFAULT AND FORECLOSURE PROCEEDINGS CANNOT BE COMMENCED.

# 1 EXECUTIVE AGREEMENT VS. FEDERAL LAW - WHO WINS?

1. FEDERAL LAW

# 1 AN INDIGENT DEFENDANT REFUSED COUNSEL BY THE COURT MAY NOT BE

1. IMPRISONED FOR ANY OFFENSE

# 3 MISTRIAL - DOUBLE JEOPARDY WILL NOT BAR RETRIAL WHERE

1. REVERSAL DUE TO CONVICTION BEING AGAINST WEIGHT OF THE EVIDENCE 2. DEFENDANT SUCCESSFULLY APPEALS CONVICTION DUE TO ERROR AT TRIAL 3. MISTRIAL GRANTED ON DEFENDANT'S MOTION

# 1 AT COMMON LAW, WHERE PREMISES ARE RENDERED UNINHABITABLE, THE TENANT WILL STILL BE RESPONSIBLE FOR

1. PAYING RENT

# 1 "ALMOST ALWAYS" DOING SOMETHING OVER A LENGTH OF TIME WILL QUALIFY AS

1. HABIT

# 1 COMMERCIAL LESSORS WILL BE STRICTLY LIABLE FOR

1. DEFECTIVE GOODS LEASED.

# 2 A FEE SUBJECT TO CONDITION SUBSEQUENT MUST STATE THESE TWO THINGS

1. THE OCCURENCE THAT WILL CUT SHORT THE ESTATE 2. A RIGHT IS REENTRY IS RESERVED

# 1 WHERE A HOMEOWNER WITH SPECIAL DESIRES HAS AN EXPRESS CONDITION FOR A PARTICULAR TYPE OF THING TO BE BUILT IN THE HOUSE, FAILURE TO DO SO WILL AMOUNT TO

1. MATERIAL BREACH

# 1 PAROL EVIDENCE TO PROVE TRUE INTENTIONS OF PARTIES IS ADMISSIBLE TO DO THIS TO A CONTRACT

1. REFORM IT

# 1 WHERE A BANK PURCHASES A MORTGAGE NOTE THAT IS COMPLETE AND VALID ON ITS FACE, THE BANK IS NOT SUBJECT TO PERSONAL DEFENSES BECAUSE IT IS A

1. HOLDER IN DUE COURSE

# 1 PAST BAD ACTS MAY ONLY BE USED TO IMPEACH WHERE

1. X-EXAM OF A CHARACTER WITNESS TO IMPEACH HER JUDGMENT OF THE DEFENDANT'S CHARACTER

# 1 A REFERENDUM ALLOWING DIRECT POLICTICAL PARTICIPATION IN VETO OVER LEGISLATIVE ENACTMENTS IS

1. A VALID EXERCISE OF POWER RESERVED FOR THE PEOPLE

# 1 A BAIL BOND USING A HOME AS COLLATERAL IS IN FACT

1. A MORTGAGE

# 2 A PLAINTIFF MAY DISMISS ITS COMPLAINT BEFORE DEFENDANT FILES

1. ANSWER OR 2. MOTION FOR SUMMARY JUDGMENT

# 1 DUE PROCESS - WHERE A PARTY CONTRIBUTED TO A JUDGES CAMPAIGN AND THAT JUDGE LATER PRESIDES OVER A CASE WHERE THE CONTRIBUTING PARTY IS A PARTY TO THE CASE, THE JUDGE MUST BE RECUSED WHERE

1. CONTRIBUTING PARTY HAS A SIGNFICANT AND DISPROPORTIONATE INFLUENCE ON GETTING THE JUDGE ELECTED.

# 1 IN CALIFORNIA, OMMITTED CHILD TAKES

1. INTESTATE PORTION

# 1 DRIVING INTO AN ELECTRIC FENCE NEXT TO COMBUSTIBLES

1. WILL AMOUNT TO A SUBSTANTIAL RISK OF BURNING SUFFICIENT TO SUPPORT AN ARSON CHARGE

# 1 DUE PROCESS - IRREBUTTABLE PRESUMPTIONS VIOLATE

1. PROCEDURAL DUE PROCESS

# 1 A PROMISOR MAY NOT SETOFF A DUTY OWED TO A PROMISEE BASED ON THE AMOUNT OWED TO PROMISEE

1. FROM A SEPARATE TRANSACTION/CONTRACT.

# 1 IN A FACT PATTERN WHERE OTHER SIMILAR PRODUCTS CAUSED INJURY, ASSESS WHETHER INJURY FROM OTHER SIMILAR PRODUCTS OCCURRED

1. BEFORE OR AFTER PLAINTIFF'S ALLEGED INJURY FROM PRODUCT

# 1 IN FEDERAL CRIMINAL PROSECUTIONS, THE DEFENDANT MUST PROVE INSANITY BY THIS KIND OF EVIDENCE

1. CLEAR AND CONVINCING EVIDENCE

# 1 SUSPENSION OF PERFORMANCE BASED ON COMMERCIAL IMPRACTICABLITY WILL ONLY OCCUR WHEN

1. THE IMPRACTICABLITY HAS A REASONABLY KNOWN END DATE.

# 1 WHEN STATE ACTION PREFERS ONE RELIGION (OR LACK THEREOF) OVER ANOTHER, LOOK TO

1. ESTABLISHMENT CLAUSE

# 1 WHERE BANK RECORDS ARE GIVEN TO AN ATTORNEY, AND THEN SUBSEQUENTLY SUBPOENAED, PRODUCTION WILL NOT VIOLATE THE

1. ATTORNEY-CLIENT PRIVILEGE

# 1 THIS PORTION OF A POLICE REPORT WILL NOT BE ADMISSIBLE

1. CONCLUSIONS AS TO DEFENDANT'S GUILT

# 1 WHERE A STATE AG SUBMITS AN ISSUE REGARDING A STATE LAW TO A FEDERAL DISTRICT COURT FOR AN ADVISORY

1. THE FEDERAL COURT REFUSE TO HEAR THE ISSUE BASED ON A VIOLATION OF THE SEPARATION OF POWERS

# 1 WHERE A SELLER DOES NOT SPECIFY A RESERVE PRICE FOR AN ITEM BEING SOLD AT AUCTION, IT WILL AMOUNT TO PUTTING THE ITEM UP FOR AUCTION

1. WITHOUT RESERVE

# 1 WHERE THE MORTGAGEE COMMITS A FORECLOSURE SALE WITH DUE DILIGENCE AND NO BIDDERS SHOW UP, THE MORTGAGEE MAY BUY THE PROPERTY AT 1.00 AND IT WILL NOT

1. SHOCK THE CONSCIENCE

# 4 A POLICE OFFICE MAY NOT CONDUCT A SEARCH OF A VEHICLE INCIDENT TO A LAWFUL ARREST BASED ON AN ARREST FOR

1. PROBATION 2. FAILURE TO APPEAR 3. SPEEDING 4. (NO FRUITS ASSOCATED WITH THE ARRESTED CRIME)

# 1 PARTY PRIMARIES UNDER THE GUISE OF BEING A "PRIVATE CLUB" ARE STILL CONSIDERED STATE ACTION WHERE THEY

1. DIRECTLY FEED INTO THE ELECTION SYSTEM

# 1 A FEDERAL LAW SITTING IN DIVERSITY OR W/SUPPLEMENTAL JURISIDCTION **MUST** APPLY THIS TO STATE LAW CLAIMS

1. APPLY THE SUBSTANTIVE STATE LAW OF WHERE THE COURT IS SITTING.

# 1 FOR SERVICE CONTRACTS, PERFORMANCE AFTER A FAILURE OF AN EXPRESS MATERIAL CONDITION WILL AMOUNT TO

1. WAIVER

# 1 PERCENTAGE OF LAND OCCUPIED - TO GAIN ADVERSE POSSESSION, THE OCCUPIER DOES NOT NEED TO OCCUPY

THE RIGHTFUL OWNER'S ENTIRE PARCEL OF LAND

# 1 TO QUALIFY AS INTIMIDATION FOR ROBBERY, THE DEFENDANT MUST HAVE HAD TO

1. ASSERTIVELY ACTED TO INTIMIDATE

# 2 WHERE LAWFULLY OWNED PROPERTY IS IN THE LAWFUL POSSESSION OF ANOTHER AND FUNCTIONING AS A SECURITY INTEREST, THE INTEREST WILL BE CONSIDERED

1. THE PROPERTY OF ANOTHER 2. SUFFICIENT TO SUPPORT THE CHARGE OF LARCENY WHEN WRONGFULLY RECLAIMED

# 1 HOSTILE FOR ADVERSE POSSESSION SIMPLY MEANS THE TRESPASSER IS HOLDING THE PROPERTY

1. IN A MANNER INCONSITENT WITH THE RIGHTS OF THE OWNER.

# 1 DUE PROCESS - THE ABILITY TO FILE A CIVIL ACTION TO CONTEST A DENIAL OF A LICENSE IS NOT THE SAME AS

1. ACCESS TO PROMPT JUDICIAL DETERMINATION OF THE CONSTITUTIONALITY OF THE DENIAL OF THE APPLICATION FOR LICENSE.

# 2 COMMERCE CLAUSE - EVEN WHERE A LOCAL FARMER PRODUCES LOCAL GOODS FOR A LOCAL MARKET ONLY - THE FARMERS ACTIONS HAVE A SUBSTANTIAL EFFECT ON INTERSTATE COMMERCE BECAUSE

1. SALE OF GOODS IS AN ECOMONOMIC ACTIVITY 2. CUMALATIVE NATURE OF THE GOODS' IMPACT ON THE NATIONAL ECONOMY

# 1 BATTERED WIFE DEFENSE WILL NOT WORK AND ACTIONS WILL BE UNREASONABLE WHERE SELF DEFENSE WHERE THE HARM THREATENED WAS NOT

1. IMMINENT.