Squib Tech: Legal Sample Flashcards

1
Q

What are the steps involved in filing a law suit?

A

Step 1: π Files Complaint

Step 2: ∆ Responds to π’s Complaint

Step 3: Discovery Process

Step 4: Trial

Step 5: Post-Judgment Motions and Appeals

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2
Q

How many days does a defendant have to respond to a complaint?

A

21 Days

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3
Q

What are the 5 ways the UCC Statute of Frauds can be satisfied?

A
  1. A signed writing;
  2. Merchants Confirmation;
  3. In court admission;
  4. Partial Performance;
  5. Specially Manufactured goods;
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4
Q

What steps should you take when faced with a Statute of Frauds question?

A
  1. Does the statute of frauds apply? <span><i>(if not, stop)</i></span>
  2. Is the statute of frauds satisfied?
  3. Is there alternative enforcement available?
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5
Q

Larceny v. Robbery

What is the difference?

A

Larceny ≠ Force used to obtain possession

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6
Q

What is the legal definition of an assignment?

A

Assignment

a transfer of a right to receive a performance under a contract

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7
Q

What are the elements of Felony Murder?

A

Felony Murder

Unintentional injury that results in killing
+
Proximately caused
+
During the attempt, commission, or flight from
+
Inherently dangerous felony

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8
Q

What is the majority rule for co-felon murder liability?

What is the minority rule?

A

Majority

Felony murder liability is limited to the hand of the co felon.

≠ liable for killings of non-felons

Minority

Any death proximately caused by the felony was attributed to all co-felons.

= liable for killings of

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9
Q

What are the requirements of a failed attempted battery assault?

A

The defendant intended to commit the battery.

+

The intended battery failed

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10
Q

When does the victim of an assualt need to be aware of the threatened battery? When do they not?

A

Must Be Aware

“Fear of Battery Assault”

Need NOT Be Aware

“Failed Attempted Battery”

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11
Q

When does the Rule Against Perpituities Apply?

A
  1. Does not ≠ present estates.
  2. Only applies to three future interests:
    (a) executory interest
    (b) contingent remainder
    (c) vested remainder subject to open
  3. Two other interests are subject to the rule:
    (a) purchase option
    (b) right of first refusal
  4. All other future interests are exempt.

More information: rule against perpituities

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