“Is This Even Allowed?”
When may leading questions be used on direct examination?
Leading questions are generally not allowed on direct examination, but they may be used for preliminary matters, young or forgetful witnesses, hostile witnesses, or adverse parties.
What standard applies to a government classification based on gender, and who has the burden?
Intermediate scrutiny applies. The government has the burden to show the classification is substantially related to an important government interest.
What must a private plaintiff show for Article III standing?
Injury in fact, causation, and redressability.
What are three common nonhearsay uses of an out-of-court statement?
To prove the statement was said as legally operative words, to show the declarant’s state of mind, or to show effect on the listener.
What is the difference between false pretenses and larceny by trick?
Both involve obtaining property by false representation with intent to defraud. The difference is title. False pretenses occurs when the victim transfers title. Larceny by trick occurs when the victim transfers only possession or custody.
When may Congress delegate legislative power, and what is one thing Congress cannot delegate?
Congress may generally delegate legislative power to executive agencies or the judiciary, but it cannot delegate powers uniquely assigned to Congress by the Constitution, such as the power to declare war.
What standard applies when a public school regulates student speech?
Public school students have free speech rights, but school speech may be regulated if the regulation is reasonably related to legitimate pedagogical or educational concerns.
When can a shareholder bring a derivative suit?
A derivative suit is appropriate when the injury is to the corporation and the shareholder seeks to enforce the corporation’s rights.
What are the MIMIC purposes for admitting prior bad acts?
Motive, intent, absence of mistake, identity, or common scheme or plan.
What is the difference between trespass to chattels and conversion?
Both involve intentional interference with personal property. Trespass to chattels requires harm and damages are the cost of repair. Conversion requires serious and substantial interference, and damages are the fair market value of the property.
A plaintiff sues in federal court based on diversity. The plaintiff’s claim is for $80,000. The defendant files a compulsory counterclaim for $20,000 arising from the same accident. Does the federal court have jurisdiction over the counterclaim?
Yes. A compulsory counterclaim arises from the same transaction or occurrence, so supplemental jurisdiction will usually support it even if the counterclaim independently does not exceed $75,000.
A state law classifies people based on age and gives certain benefits only to residents over 65. What Equal Protection standard applies?
Rational basis review applies because age is not a suspect or quasi-suspect classification. The plaintiff must show the law is not rationally related to a legitimate government interest.
A private individual sues a state in federal court for money damages. The state has not consented, and Congress has not validly abrogated immunity. Is the suit barred?
Yes. The Eleventh Amendment generally bars private suits against states for money damages in federal court.
In a defamation case, Plaintiff offers Defendant’s statement, “Plaintiff stole from the company,” not to prove Plaintiff stole, but to prove the defamatory words were spoken. Hearsay?
No. The statement is offered as legally operative words, not for its truth. In defamation, the fact that the words were spoken is itself legally significant.
A buyer accepts a shipment of goods after a quick inspection. Later, the buyer discovers a defect that was difficult to discover and that substantially impairs the goods’ value. Can the buyer reject the goods?
No, not reject. Once the buyer accepts the goods, the buyer cannot reject them. The buyer may be able to revoke acceptance if the defect substantially impairs the value, the defect was difficult to discover or seller gave assurances, and revocation occurs within a reasonable time before substantial change in the goods.
A testator specifically devises “my lake house to A,” but sells the lake house before death. At death, the testator no longer owns it. What happens to the gift?
The gift adeems, meaning it fails because the specifically devised property is no longer owned by the testator at death.
A state law permanently occupies a small portion of private land by requiring owners to allow cable equipment on their buildings. Is this a taking?
Yes. A permanent physical occupation is a physical taking, regardless of how small the occupation is or what public interest it serves.
A creditor has a personal claim against one partner. The creditor seeks to take over the partner’s management rights in the partnership. Can the creditor do that?
No. A creditor of an individual partner may obtain an interest in the partner’s economic share, such as profits, but does not obtain management or voting rights.
A witness says, “I always lock the store at 9 p.m. every night,” and a party offers this to prove the witness locked the store at 9 p.m. on the night in question. Is this character evidence?
No. This is habit evidence, not character evidence. Habit or routine practice may be admitted to show conduct in conformity with that habit.
A child is injured while driving a motorboat. In a negligence action, should the child be judged under the child standard or the reasonable person standard?
The reasonable person standard applies. Children are usually judged by age, intelligence, and experience, but when engaged in an adult activity, such as driving a car or boat, they are held to the ordinary reasonably prudent person standard.
Police violate the knock-and-announce rule while executing an otherwise valid search warrant and find drugs. Defendant moves to suppress the drugs. Should the evidence be excluded, and why?
No. A knock-and-announce violation does not trigger exclusion. The exclusionary rule generally bars illegally obtained evidence from the prosecution’s case-in-chief, but one exception is where only the knock-and-announce rule was violated.
A city denies a building permit unless the owner gives the city part of her land for a public path. What constitutional doctrine is implicated, and what must the city show?
This is an exaction under the Takings Clause. The city must show a legitimate government interest and rough proportionality between the burden imposed on the property owner and the adverse impact of the proposed development.
Plaintiff sues a city under § 1983 for a constitutional violation caused by an official municipal policy. Plaintiff also sues the state for money damages. Which defendant is potentially liable, and which is generally immune?
The city may be liable under § 1983 if the constitutional violation was caused by an official municipal policy or custom. The state is generally immune from private suits for money damages in federal court under the Eleventh Amendment.
In a criminal trial, Defendant wants to offer evidence that the victim had a violent character to support Defendant’s self-defense claim. What form may Defendant use, and how may the prosecution respond?
Defendant may offer reputation or opinion evidence of the victim’s violent character. The prosecution may rebut with reputation or opinion evidence of the victim’s peacefulness or Defendant’s violent character.
Defendant enters a house at night intending only to sleep there. Once inside, Defendant decides to steal jewelry. Is Defendant guilty of common-law burglary? What other crime may apply?
No common-law burglary because burglary requires breaking and entering the dwelling of another at night with intent to commit a felony or larceny therein at the time of entry. Defendant formed the intent only after entering. Defendant may be guilty of larceny if he trespassorily takes and carries away the jewelry with intent to permanently deprive the owner.