Ohio Contracts
Ohio Criminal Law
Ohio Criminal Law
What is Ohio's rule for consideration?
Minority - benefit/detriment analysis - is the promisee doing something he had a legal right not to do or is forgoing some activity in which he had a legal right to engage.
How does Ohio handle theft crimes?
Merged into theft - intent to deprive another of property or services, and knowingly obtains or exerts control over that property or service without consent, going beyond the consent of owner, or by deception, threat, or intimidation.
What theory of water rights does Ohio use?
Reasonable Use.
Explain the difference between a note and a draft.
Note - Maker promises to pay the payee money.
Draft - Drawer orders the Drawee (bank) to pay the payee money.
When must a lawyer withdraw?
Does Ohio require a duty to mitigate damages in lease contracts?
Yes, unless disaffirmed in the lease.
How does Ohio define burglary?
Trespassing in an occupied structure by force, stealth, or deception, with someone other than an accomplice present, with the intent to commit any criminal offense.
What tort theories can a party use for a medical procedure without informed consent in Ohio?
Battery or tort of lack of informed consent.
What are the elements of a negotiable instrument?
Signed writing, have an order, pay a fixed amount of money, payable to the bearer, on demand or a particular time.
28 days.
Does Ohio require privity in suits against attorneys for malpractice?
Yes. The lawyer is not liable to a will beneficiary. But this may be superceded if there is fraud, bad faith, collusion, or malice.
What is Ohio's rule with impeaching your own witness.
Limited to only a prior inconsistent statemtn if the proponent ca show surprise and damage resulting from the testimony.
Does Ohio recognize market-share liability for DES actions?
No.
What is a holder in due course?
A holder who takes for value, in good faith, and without any notice of a defect, defense, or claim.
What are the thresholds for the Court of Common Pleas versus County Courts versus Small Claims Courts?
Court of Common Pleas (more than $500, has original jurisdiction).
County Courts (exclusive if under $500, but may hear up to $15,000).
Small Claims Courts (less than $3,000).
Aggravated murder - "by prior calculation and design," including the purposeful murder of a child under 13, escaping incarceration for a felony, or engaged in law enforcement.
What is Ohio's rule with cross-examination?
What theory of comparative or contributory negligence does Ohio use?
What are the rights of shareholders?
1) Voting rights (elect board of directors)
2) Liquidation rights - get a share of assets at the end of the corporations existence.
3) Dividend rights - right to a current return on investment (subject to disbursement by the board of directors)
How many jurors are required in Ohio? Are majority verdicts allowed in Ohio?
Yes - 8 is the default unless stupulated. Marjority verdicts of 3/4ths are allowed.
How does Ohio frame assault and battery?
Ohio merges the offenses into only assault. Assault is defined as recklessly causing (or knowingly causing or attempting to causing) serious physical injury to another or to an unborn child.
What theory of mortgages does Ohio follow?
Lien theory - mortgagee gets a lien on the property and, mortgagor gets title and possession unless and until foreclosure occurs.
Does Ohio recognize the one-bite rule for dogs?
No. Owner's are strictly liable, even for the first bite, unless a defense applies.
Does Ohio recognize par value?
Yes.
Does Ohio require a party to file a JMOL before JNOV?
Unlike the FCRP, a party may file a JNOV alone in Ohio.