Civ Pro
What does the court focus on when determining if D has sufficient minimum contacts with the forum state?
1.) Purposeful Availment
2.) Foreseeability
What's required for a will to be valid?
1.) in writing
2.) Signed by testator.
3.) Signed by at least two witnesses.
4.)Testator must also have capacity and the requisite testamentary intent
Under the Final Judgement Rule, when are the only times the Supreme Court can hear a case on review?
1.) When there has been a final judgement of a lower federal court or
2.) A final judgement by a state's highest court
What are the two implied promises in every land sale contract.
1.) promise to provide marketable title
2.) Promise to disclose and make no material false statements
1.) First Degree Murder
2.) Inchoate Crimes (Solicitation, Conspiracy, Attempt)
3.) Assault
4.) Theft Crimes (Robbery, Burglary, False Pretenses, Larceny/Larceny by trick, Embezzlement, Forgery)
What is required for a court to hear additional claims on the basis of Supplemental Jurisdiction?
BONUS: Which type of claims are generally brought in under supplemental jurisdiction?
1.) Common nucleus of operative fact
Bonus: Counterclaims and cross-claims
What is a Codicil?
An amendment, modification, or alteration to a previously executed will. When a codicil is validly executed, the original will is treated a republished and deemed to have been executed on the date the codicil was executed
Under the commerce clause, Congress has the power to regulate what?
Channels, instrumentalities, or economic activities that have a substantial effect on interstate commerce.
Congress can also regulate intrastate commercial or economic activities that substantially affect interstate commerce. This is reviewed under a rational basis test.
List of Hearsay Exceptions for when the declarant must be unavailable?
Former Testimony
Dying Declaration
Statement against interest
Statements of personal or family history
Statement against party that caused their unavailability
What is required for an arrest?
Probable Cause, which is trustworthy facts or knowledge sufficient for a reasonable person to believe a suspect has committed or is planning to commit a crime
What are the requirements to amend a pleading and add a new claim or D after the statute of limitations has ran?
New claim
1.) Same transaction or occurrence as original pleading
New D
1.) Same transaction or occurrence
2.) Filed within 90 days of the original pleading
3.) D knew or should have known of the action, and but for the mistake, would have been named originally
What is Ademption?
Under the doctrine of ademption, a gift of specific property in a will fails if it is no longer in the testator's estate at the time of their death
When does state action apply to private conduct
1.) private entity performs a task that is traditionally performed by the government
2.) There is significant state involvement where the government authorizes or facilitates private conduct
What are the hearsay exceptions for when a declarant is unavailability is immaterial?
2.)Excited Utterances
3.) prresent sense impressions
4.) Physical condition for the purposes of medical diagnosis
5.) Past recollection recorded
6.) Business records
7.) Public records or reports
8.) Judgments and prior convictions
9.) Ancient documents
10.) Learned treatises.
1.) passengers and their belongings, as well as the passenger compartment if reasonable belief weapons are present
2.) Entire car if they have probable cause. Probable cause must arise before the search begins.
What are the grounds for a motion for a new trial?
1.) Prejudicial error or misconduct
2.) Judgement entered against the weight of evidence
3.) Newly discovered evidence
4.) Excessive or inadequate damages
5.) File within 28 days after entry of judgement
What are the requirements to create a trust Inter vivos?
A trust created inter vivos is a trust created during the settlor's lifetime. Creation requires:
1.) Transfer of a property from the property owner to a trustee or:
2.) Declaration of trust: property owner declares himself trustee for another
Writing isn't required but oral trust must be established by clear and convincing evidence.
When is a prior restraint on speech valid?
1.) Government has a significant interest in justifying the restraint
2.) There must be procedural safeguards to ensure the restraint is narrow, reasonable, and definite
Under the UCC, when can a buyer revoke their acceptance?
Under the UCC, a buyer generally can't revoke acceptance unless they discover a defect that substantially impairs the goods value.
What is the standard of review for an exclusionary rule violation
Harmless review. For admission of illegal evidence to be upheld on review, government must show that it was harmless beyond a reasonable doubt
What are the elements for Res Judicata and Collateral Estoppel?
Res Judicata (Claim Preclusion) (party that has an opportunity to litigate a claim, can't relitigate the claim once judgement has been entered
1.) Same parties (parties are in privity with each other)
2.) Same Claim
3.) Final Judgment on the merits in original claim
Collateral Estoppel (Issue Preclusion)
1.) Final judgement on the merits
2.) Same issue
3.) Issue was essential to the judgement
4.) Asserted against the actual party in the case
When can an extrinsic document to a will be incorporated by reference to the will>
1.) the will shows the testator's intent to incorporate the document
2.) The will authenticates the document
3.) The document is in existence at the time the will is executed
When can government regulate protected commercial speech?
1.) When there is a substantial government interest in regulating the speech
2.) The regulation advances that government interest
3.) Regulation is not more extensive than necessary, must be narrowly tailored
How is an easement terminated
1.) Estoppel
2.) Necessity ends
3.) Destruction of servient tenement
4.) Release
5.) Abandonment
6.) Merger
7.) Prescription
8.) Expiration
TRUE OR FALSE: Exclusionary Rule applies to evidence seized as a result of Miranda violations.
False. Confessions resulting from Miranda violations can be used for impeachment purposes.