EVIDENCE
This is an out-of-court statement offered to prove the truth of the matter asserted
What is hearsay?
When a state passes a law regulating business, it cannot discriminate against out of state businesses thanks to this.
What is the dormant commerce clause?
These are the two requirements for diversity jurisdiction.
What are (1) parties are citizens of different states and (2) the claim exceeds $75,000?
These are the elements of a valid contract.
What are offer, acceptance (or mutual assent), consideration, capacity, and legality?
This principle of law allows one to acquire property through continuous, hostile, open and notorious, actual and exclusive use.
What is adverse possession?
This is a witness who may offer opinions based on their knowledge, skill, experience, training, or education.
What is an expert witness?
An Article of the U.S. Constitution that vests judicial power in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
What is Article III?
A motion under this rule is designed to address when a compliant fails to state a claim upon which relief can be granted.
What is Rule 12(b)(6)?
The UCC will take precedence over the common law in interpreting contracts for this.
What are goods?
The rule against perpetuities states that no interest in land is good unless it must vest, if at all, no later than THIS NUMBER OF YEARS after some life in being at the creation of the interest.
What is 21 years?
A court uses this principle to consider as evidence facts that are generally known or that can be accurately and readily determined from sources whose accuracy cannot reasonably be disputed.
What is judicial notice?
The principle that Congress cannot delegate its legislative powers or lawmaking ability to other entities.
What is the non-delegation doctrine?
Rule 26 of the Rules of Civil Procedure describes the parameters for this phase of a case.
What is discovery?
The statute of frauds can invalidate this type of oral contract.
What is a contract for the sale of land (or a contract that cannot be completed in one year)?
This is the legal definition of murder.
What is the unlawful killing of a human being with malice aforethought?
The rule regarding this principle makes actions that would have mad an earlier injury less likely to occur inadmissible to prove a party’s negligence.
What are subsequent remedial measures?
This principle recognizes that the supremacy clause of the U.S. Constitution requires that any state law which interferes with or is contrary to federal law must yield.
What is federal preemption?
This type of order, often issued by the litigating parties, requires non-parties to a lawsuit to provide documents or testimony.
What is a subpoena?
DAILY DOUBLE
This rule of contract interpretation excludes extrinsic evidence that contradicts or creates a variation in the terms of an integrated written contract.
These two things are required for a couple’s common-law marriage to be legally recognized.
What are cohabitation (living together for a period of time) and holding themselves out to the community as “married”?
This type of evidence can only be admitted after a witness’s character for truthfulness has been attacked
What is evidence about a witness’s reputation for having a character for truthfulness or untruthfulness.
Courts will use this level of review to evaluate the constitutionality of laws that classify based on race, national origin, religion, or alienage.
What is strict scrutiny.
This action taken by a court compels a government official to fulfill their official duties or obligations.
What is a writ of mandamus?
A refusal by one party to a contract to perform his or her future obligations under the contract that is expressed either by a clear statement of refusal or by a statement or action that clearly implies refusal.
What is anticipatory repudiation?
The Economic Loss Rule/Doctrine bars a claimant from recovering these types of damages when a contract governs the dispute.
What are tort damages?