Torts
What is the definition of a battery?
An intentional harmful or offensive contact to P's person by D.
What is the deal with character evidence in civil cases?
Generally inadmissible to prove they acted in conformity with that character on a given occasion. Exception for when character is at issue.
What are the four legal insanity tests?
(1) M'Naghten- D doesn't know right from wrong (2) Irresitible Impulse- D acted due to an irresistible impulse (3) MPC - combination of M'Naghten & II and (4) Durham - but for his mental illness, D would not have acted.
What is the "final judgment requirement" to Supreme Court review?
SC only hears cases on review if there has been a final judgment of a lower federal court or a state's highest court.
What are the four types of Subject Matter Jurisdiction?
Diversity, Federal Question, Supplemental, and Removal.
When can a bystander make an IIED claim?
(1) D's conduct seriously injured or killed third person, (2) P is closely related to injured person, (3) P was present when the injury occurred, (4) D knew elements 2 and 3, and (5) P suffers severe emotional distress.
What. are common non-character uses of prior acts evidence?
MIMIC- Motive, intent, mistake, identify, common plan or scheme.
When can you use deadly force in defense of your dwelling?
May be used if one reasonable believes: (1) force is necessary to prevent attack on oneself or others by a person who made or attempted violent entry, or (2) force is necessary to prevent entry by a person who intends to commit a felony in the dwelling.
Describe Congress's Taxing and Spending Power
May tax an spend in any way deemed necessary for the "general welfare".
What are common areas of exclusive federal jurisdiction?
Bankruptcy, Patent and Copyright, Federal Antitrust claims, and Postal Matters.
What are the common law elements of defamation?
(1) Defamatory statement, (2) Concerning P, (3) Publication, (4) Harmful to P's reputation, (5) Falsity & Fault.
When is opinion testimony admissible by a lay person?
When the opinion is rationally based on W's perception, when it is helpful to the trier of fact, and it is not based on scientific, technical, or other specialized knowledge.
What are the limitations one liability for felony murder?
D must be guilty of the underlying felony, the underlying felony itself must be independent of a killing, victim's death must be a foreseeable result of the felony, victim's death must be caused before D reaches a place of temporary safety, and D is not liable for the death of a co-felon killed by police or the original victim.
What is the "Executive Privilege"?
Protects against disclosure of presidential papers and conversations. Important government interests in criminal cases can override the privilege.
What are the three possibilities for venue to be proper in most actions?
(1) Any D resides (if all Ds reside in the same state. in which the district is located), (2) location of claim or property), (3) where D is subject to PJ (fallback provision)
What are the specialized duties of care?
For: Children, Common Carriers, Custom or usage in an industry, professionals, by statute, and owners/occupiers of land.
What is the difference between spousal testimonial privilege and marital communications privilege?
STP- crime cases only, only W-spouse may invoke, only during marriage. MCP- civil and criminal, either spouse may invoke.
What is voluntary manslaughter?
A killing resulting from an adequate provocation OR imperfect-self defense.
What is the test for the Dormant Commerce Clause?
A state/local law regulating interstate commerce is invalid if: (1) discriminates against out of state competition, (2) unduly burdens interstate commerce, or (3) regulates wholly out of state activity.
What is the distinction between a compulsory and a permissive counterclaim?
Compulsory - same transaction or occurrence. Claim by D against P that arises from the same T/O as one of Ps claims, required in answer or waived. Permissive- different T/O, claim by D against P that doesn't arise from the same T/O, not required in answer.
Define and describe comparative negligence (partial/modified/pure) and common law contributory negligence.
Partial/modified- P can only recover damages if he was less than 50% at fault. Pure- P can recover damages even if he was more than 50% at fault. CN- totally barred if D establishes P's negligence contributed to her injuries.
What is the effect of judicially noticed facts/laws?
Civil- jury must take as conclusive. Crim- Jury may take facts as conclusive but need not.
What is the scope of a permissible search under the automobile exception?
Police can search entire vehicle and all containers within the vehicle that might contain the object for which they are searching AND passengers and their belongings.
What is the difference between a limited/designated public forum and a non-public forum?
L/D PF- government property that government opens for speech, but can close at any time. Nonpublic forum can be closed for speech as long as its reasonably related to some legitimate purpose and viewpoint neutral.
What is the function of Impleader?
Allows D to join a non-party who may be liable to D for all or part of the claim brought by P against the original D. Allows D to assert claims for indemnity, contribution, etc. against another party for the claim D is defending.