Evidence
Name 5/7 of the Impeachment methods
Prior Inconsistent Statement
Bias
Conviction of a Crime
Specific Instances of Misconduct
Sensory Deficiencies
Contradiction
Reputation/Opinion for Truthfulness
Supreme Court will no hear a federal question case if it was decided by the state court on adequate independent state grounds, i.e. based on state law.
Name the 4 elements of Negligence & Define Res Ipsa Loquitur.
Duty, Breach, Causation, Harm.
Res Ipsa Loquitur "The Thing Speaks for Itself" i.e. injury itself infers breach of duty.
What is Personal Jurisdiction about?
Define/Explain General vs. Specific Jurisdiction
Personal Jurisdiction is about fairness to Defendant
General: P can sue D for anything generally. Look for consent, presence or domicile.
Specific: Lawsuit MUST arise out of specific contacts with the state. MUST be constitutional in state (long arm jurisdiction) and under 14th Amend. (minimum contacts)
Name the 3 inchoate crimes.
Attempt, Conspiracy & Solicitation.
What does MIMIC stand for & what is admissible to prove such?
Defendants prior bad acts may be admissible to prove MIMIC.
Where does Congress have police powers?
MILD
Military Bases
Indian Reservations
Federal Lands
DC
3 main Defenses to Negligence claims.
Comparative Negligence: Pure (allows full recovery no matter how negligent plaintiff is) & Partial (if plaintiff more at fault than defendant - no recovery)
Contributory Negligence: Plaintiff found at all negligent= no recovery. (last clear chance exception)
Assumption of Risk: You knew of the risk and assumed it willingly.
4 Requirements of a Class Action lawsuit.
Commonality, adequacy, numerosity & typicality.
Larceny by trick: D intentionally makes false rep to obtain custody of P's property.
False Pretenses: same as above BUT D obtains title to P's property with the intent to defraud.
KEY: if P hands over property w/ no intention of getting back, it's false pretenses.
Differences between: Privilege of Spousal Immunity & Privilege of Confidential Communications?
Spousal Immunity: ONLY @ criminal trial, ONLY held by witness spouse, MUST be married @ time of trial.
Confidential (marital) Communications: Criminal & Civil, held by both spouses, communication was confidential, communication made during the marraige.
What is the Dormant Commerce Clause? & What is the common exception?
States cannot restrict commerce/favor in state commerce. Must pass strict scrutiny.
Common Exception: when State is a market participant rather than a regulator.
7 Intentional Torts & 4 Defenses
Bonus: In which can intent be transferred?
Assault, Battery, False Imprisonment, IIED, Trespass to Land, Trespass to Chattels, Conversion.
Consent, Self-Defense, Public Necessity, Private Necessity.
Bonus: assault, battery, false imprison, trespass to land& chattels.
What must the plaintiff serve to the defendant?
What are the SAID methods of service?
P must serve D with summons & complaint.
SAID=
(S) STATE law service methods
(A) serve an AGENT of D
(I) serve INDIVIDUAL defendant themselves
(D) DWELLING leave @ house with person 18+ that lives there.
2 types of Intentional Killings & 3 types of Unintentional Killings
Intentional: First Degree Murder & Voluntary Manslaughter
Unintentional: Second Degree Murder, Involuntary/Misdemeanor Manslaughter, Felony Murder
Hearsay Exceptions where Declarant MUST be unavailable.
Former Testimony
Statement Against Interest
Dying Declaration
Statement Personal/Family History
Procedural vs. Substantive Due Process
Procedural: Gov may not intentionally deprive someone of life, liberty or property without notice and an opportunity to be heard.
Substantive: Individual Fundamental rights = strictly scrutiny, i.e. privacy rights. Everything else = rational basis.
What is NIED? What are its elements (3)? What are the 2 special cases that don't require element 2?
Negligent Infliction of Emotional Distress
(1) Defendant is Negligent
(2) Plaintiff suffers physical symptoms from emotional distress.
(3) Plaintiff in zone of danger OR plaintiff witnesses negligent injury to close relative.
* Mishandling of a corpse, erroneous reports of a relatives death.
Define/Explain Issue Preclusion & Claim Preclusion
Issue Preclusion: Same exact issue, issue was previously raised and litigated, issue was decided in previous trial, issue decided was necessary to court's judgment.
Claim Preclusion: Same transaction/occurrence test, parties must be same or in privity, final non-modifiable judgement issues by court, judgement was on the merits.
6 exceptions to the warrant requirement.
Automobile Exception, Search incident to arrest, Plain View, Administrative Search, Consent, & Emergency Circumstances.
Any statement made by the opposing party
Adoptive Admissions (adopted through silence)
Agent/Employee Statements (during employment/concerning a matter within scope of employment)
Statements by Co-conspirators (during course/ in furtherance of conspiracy)
Name + describe the 3 types of forums for speech.
Designated/Limited Public Forum: School gym used at night for town hall meetings.
Traditional Public Forum: Streets, sidewalks, parks
Private Forum: military bases, airports, prisons.
3 Main Strict Liability Cases & 3 Defenses.
Abnormally Dangerous Activities, Wild Animals & Products Liability.
Assumption of risk, comparative negligence, unforeseeable misuse of product.
Define/Explain: Impleader, Intervention & Interpleader.
Intervention: Movant may intervene as a matter f right where: (1) has an interest in the action, (2)continuing without movant may impair their ability to protect their interest, (3) movants interest not adequately represented by existing parties.
Interpleader: holder of property subject to conflicting claims files a lawsuit with all claimants to avoid double liability. ($500 min, + diversity among 2 claimants)
Name the 8 Defenses.
Self-Defense, Insanity, Incompetent to Stand Trial, Intoxication, Mistake of Fact, Mistake of Law, Necessity & Duress.