Week 5 Flashcards
Police conduct amounts to an interrogation when that conduct is reasonably likely to:
Elicit an incriminating response under the totality of the circumstance, including the suspect’s personal characteristics ad coercive tactics
A misrep renders a contract voidable by the adversely affected party if:
- the misep. was fraudulent or material,
- it induced assent to the contract,
AND - the adversely affected party justifiably relied on it
If goods do not conform perfectly to the K, is it a breach of the UCC
YES
Does the UCC allow buyers to reject or accept goods in whole in part?
Yes, when the buyer accepts the goods, the buyer must pay the seller the K price or the accepted goods minus any damages incurred as a result of the breach.
The best evidence rule only applies when the contents of what type of evidence are at issue?
Only when the contents of recording, writing, or photograph are at issue, not when a witness is testifying based on personal knowledge.
Before physical evidence can be admitted at trial, it must be authenticated through what?
A prima facie showing that the item is what the proponent claims it to be. This is commonly done by testimony of personal knowledge of the object.
Issue preclusion bars the relitigation of what?
Issues that were actually litigated, determined, and necessary to a valid final judgement. Issue preclusion can only be asserted against parties to the first action.
The 21st amendment grants states broad authority to regulate alcohol within their boarders, but when doing so:
states cannot violate the dormant commerce clause by discriminating against interstate commerce. unless:
1. the state statute furthers a legit, noneconomic state interest, AND
2. no reasonable alternative exists to do so.
