Contracts
What three essential terms are normally required in a signed writing to satisfy the Statute of Frauds?
(1) Identity of the contracting parties
(2) Description of the subject matter of the contract
AND
(3) Terms and conditions of the agreement
[These requirements are different for contracts for the sale of goods of $500 or more under the UCC]
Under the Dormant Commerce Clause, where the regulation is discriminatory, either on its face or practical effect, which level of scrutiny applies?
Where the regulation is discriminatory, either on its face or in practical effect, it is subject to strict scrutiny
Which crimes require proof of specific intent?
(1) Assault
(2) Attempt
(3) Burglary
(4) Conspiracy
(5) Embezzlement
(6) False Pretenses
(7) First-Degree Premeditated Murder
(8) Forgery
(9) Larceny
(10) Robbery
(11) Solicitation
What is the joint venture doctrine?
The joint venture doctrine holds that a jury may impute one defendant's tortious conduct on others who are engaged in a common enterprise. There must be an explicit or implied agreement to engage in the tortious conduct.
How is the amount in controversy determined for purposes of diversity jurisdiction?
There must be a good faith allegation in the complaint that the amount of damages exceeds $75,000, excluding interest, costs, and potential counterclaims
Where the buyer has received the purchased goods and the seller is in breach, what is the measure of the buyer's damages?
The buyer's damages are the difference between perfect goods and the value as tendered
What is the legal standard for a "substantial economic effect" on interstate commerce?
A "substantial economic effect" exists where there is any conceivable rational basis to find that the activity, in the aggregate, may substantially affect interstate commerce.
[the substantial economic effect does not need to come from the regulated activity alone, but that activity in conjunction with other activities]
What is the two-part legal standard for the Model Penal Code Test for insanity?
Under the Model Penal Code Test, a defendant may be acquitted if, due to a mental disease or defects, they lacked the substantial capacity to EITHER:
(1) appreciate the wrongfulness of their conduct
OR
(2) conform their conduct to the requirements of the law
What is the standard of care for a rescuer?
When one individual aids another, liability will not attach unless:
(1) the individual fails to exercise reasonable care to secure the safety of the other;
OR
(2) discontinues aid leaving the other in a worse position
What is the timing requirement for a response to an amended pleading?
A response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later
What is the appropriate length of time for a party to provide assurances after a valid demand was made?
The party who received a valid written demand for assurances must provide the requesting party adequate assurances of performance within a reasonable time, not to exceed 30 days
[UCC 2-609]
Which type of regulation violates the Free Exercise Clause?
The government may not pass a law that intentionally interferes with or limits religious practices, nor may it single out a particular religion for adverse treatment
What are the six circumstances when a judge may exclude otherwise relevant evidence under FRE 403?
Under FRE 403, a judge has broad discretion to exclude relevant evidence if its probative value is substantially outweighed by:
(1) the danger of unfair prejudice;
(2) confusion of the issues;
(3) misleading the jury;
(4) undue delay;
(5) waste of time;
AND/OR
(6) needless presentation of cumulative evidence
What is required to prove strict products liability based on a manufacturing defect?
To prove strict products liability based on a manufacturing defect the plaintiff must establish that:
(1) the defendant is a commercial supplier;
(2) the product is not in the condition that the manufacturer intended at the time it left the manufacturer's control;
(3) the defective product was the actual and proximate cause of plaintiff's injury;
AND
(4) the plaintiff suffered damages
When may a plaintiff permissively join other defendants
The plaintiff may permissively join other defendants IF:
(1) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences;
AND
(2) any question of law or fact common to all defendants will arise in the action
What is the Merchant's confirmatory memo rule and how does it affect the Statute of Frauds written requirement?
The UCC Statute of Frauds may be satisfied when two merchants enter an oral agreement and within a reasonable time one of them sends the other a written confirmation of the agreement. In such a circumstance, the Statute of Frauds is satisfied against the recipient merchant if:
(1) they have reason to recognize the confirmation's contents;
AND
(2) fail to object to the confirmation within 10 days of receipt
What are the factors balanced to determine whether a state's "doing business" tax is an undue burden?
To determine if a state's "doing business" tax is an undue burden, courts will balance whether:
(1) there is a substantial nexus between the activity being taxes and the taxing state;
(2) the tax is fairly apportioned;
AND
(3) the tax is fairly related to the services being provided
What are the aggravating factors that elevate assault to aggravated assault?
Assault may become aggravated if the defendant:
(1) uses a deadly weapon
OR
(2) intends to rape or murder
When may a person validly enter another person's land to recover their chattel?
A person may validly enter another person's land to recover their chattel under the following circumstances:
if the chattel is on the wrongdoer's property, the chattel owner may enter at a reasonable time and in a reasonable manner to reclaim;
OR
if the chattel is on an innocent third-party's property, the chattel owner may enter at a reasonable time and in a peaceful manner if the property owner has notice and refuses to return the chattel;
BUT
if the chattel is on another's property because of the chattel owner's fault, the chattel owner has no privilege to enter and may only recover through legal process
Which seven pre-answer defenses are available under FRCP 12(b)?
(1) Lack of subject matter jurisdiction
(2) Lack of personal jurisdiction
(3) Improper Venue
(4) Insufficient Process
(5) Insufficient Service of Process
(6) Failure to State a Claim upon which Relief can be Granted
AND
(7) Failure to Join Necessary Parties
What are the three possible outcomes of a contract with a latent ambiguity?
A latent ambiguity serves as a defense to contract formation when:
(1) neither party realizes the ambiguity (no contract unless both parties understood the ambiguous term in the same way);
(2) both parties realize the ambiguity (no contract unless both parties meant the same meaning);
OR
(3) one party realizes the ambiguity (there IS a contract with terms based on what the ignorant party reasonably believed the ambiguous terms to mean)
Which three requirements will cause a person's affiliation with an illicit group to lose the freedom of association?
Freedom of association is not protected if the person is:
(1) an active member of an organization participating in illegal activities;
(2) aware of the group's illegal activities;
AND
(3) has the specific intent to further those illegal activities
[generally, any law regulating the freedom of association is subject to strict scrutiny]
What are the elements of the "statements against interest" hearsay exception?
A "statement against interest" requires:
(1) the statement to have been against the declarant's pecuniary, proprietary, or penal interest when made;
(2) the declarant to have had personal knowledge of the facts;
(3) the declarant to have been aware that the statement was against their interest and had no motive to lie;
AND
(4) the declarant to now be unavailable as a witness
[an extra showing of trustworthiness is required when a statement against interest is offered as exculpatory evidence in a criminal case]
What are the elements of qualified privilege under defamation law?
(1) reasonable belief that an important interest is threatened;
(2) the statement heard is reasonably relevant to the interest protected;
(3) a reasonable belief that the person to whom the statement is published can protect the interest;
AND
(4) some relationship between the publisher and the person to whom the statement is published
What is intervention as a matter of right?
Intervention allows a non-party to join an already pending lawsuit.
A party may intervene as a matter of right if EITHER:
(1) an absentee's interest will be harmed if not joined and no existing party will adequately represent that interest;
OR
(2) the absentee had an unconditional statutory right