CIV PRO
A general sanctions motion procedure
What is serve on a bad party, and wait 21 days to file, if bad party corrects, don't file?
Juvenile convictions can be used for impeachment in these circumstances
What is 1) criminal case, 2) non-def witness (never in a civil case to impeacher IV for truthfulness)
These are your options if the other party repudiates
1) ignore and demand perf OR 2) treat as breach (unless the date of perf has not yet passed and the non-repudiating party has fully performed, they have to wait until performance is due before filing suit)
Types of executory interest
Shifting (divests prior grantee) and springing (divests grantor), both are subject to RAP
This is when a remedy is possible for personal jurisdiction
Only when the suit concerns the property
This applies when a Plaintiff was first voluntarily dismissed without a court order, and when there is a second action on the same claim and notice of voluntary dismissal without a court order
What is the 2 dismissal rule
A party can compel the rest of the statement. If fairness doesn't require immediate intro, Def has to wait until their turn to present.
What is the rule of completeness?
These are the requirements for firm offer rule
Duties of tenant
Pay rent, avoid waste, repair (if non-residential and in lease)
The majority requirements for conspiracy
Unilateral agreement, overt act, and specific intent to accomplish purpose
What is they must 1) assert the right to relief jointly/severally OR same transaction or occurrence and 2) there will be a question of law/face common to all Plaintiffs
The expectations to the best evidence rule
This is the effect of a mutual mistake
What is a voiding contract?
The requirements for adverse possession
Actual, notorious, open, continous, hostile, and exclusive
These damages are available when expectation damages are not
Two claims arose out of the same transaction
What is identical for preclusion?
These are non-character purposes for past crime/bad act.
What is motive, intent, mistake, idenity (pattern), common scheme (still subject to 403 balancing)?
The merchant exception to the Statute of Frauds
Tenant remedies for failure to repair
What is treat as constructive eviction and treat as violation of IWH?
These are the three types of class action
Requirements for stat interpleader action
What is 1) min diversity + $500 AIC, 2) PJ - nationwide service of process, 3) venue - where any claimant resides, 4) deposit with court/post bond
This happens with a criminal defendant introduces victim bad trait
These promises are binding without confirmation
New promise to pay debt barred by SOL, new promise to perform voidable duty, Material benefit rule if necessary to prevent injustice, promissory estoppel if: reasonably expect to induce action, does induce action, enforcing is the only way to avoid injustice
The exceptions to RAP
1) Wait and see approach, 2) gift from one charity to another O - C1, then C2, 3) option by current tenant to purchase fee interest in leasehold, 4) right of first refusal in commercial transaction, 5) cy pres: court can reform transfer to avoid RAP
The retaliatory eviction doctrine
LL can't evict: res tenant for complaining in: good faith; w/ reasonable cause, about housing code violation OR refusing to pay rent for violation of IWH