Evidence
What is the black letter law for hearsay?
Hearsay is an out of court statement that is offered for the truth of the matter asserted. Hearsay is not admissable unless it falls under a valid exception.
What is a life estate?
A life estate is a present possessory estate that is limited by a person's life (terminates when the measuring life dies).
A traditional, enforceable contract is formed when there is:
Mutual assent (a valid offer + valid acceptance of that offer)
Consideration; and
No defenses to formation
What are three main parties to an Article 9?
Secured party
Debtor
Obligor
What are the four core elements of a crime?
Physical Act (Actus Reus)
Mental State (Mens rea)
Causation
Concurrence of requisite physical act and mental state
Evidence is relevant if it is both...?
Probative and Material. Evidence is probative if it has any tendency to make a fact more or less probable than it would be without the evidence AND evidence is material if it is a fact of consequence in determining the outcome of the action.
What is an express easement?
A right held by one person to use another's land. An express easement can be created by grant or by reservation.
Under the common law, what are the four terms necessary for the offer to be valid:
Parties
Subject
Quantity; and
Price
What are the three methods of perfection?
Filing a financing statement
Take possession
Automatic perfection
What is common law murder?
The unlawful killing of a human being with malice aforethought
Which hearsay exceptions require the declarant to be unavailable?
Former testimony
Dying declaration
Statements against interest
Forfeiture by wrongdoing
Define the implied covenant of marketable title
Marketable title is free from an unreasonable risk of litigation. Seller has a duty to convey marketable title to the buyer at closing.
List the four types of irrevocable contracts
Detrimental reliance
Firm offers
Offeree has started performance. A unilateral offer to contract cannot be revoked by the offeror if the offeree has started performance
What is an acceleration clause?
The parties may provide for the acceleration of payments upon the happening of a specified event
What is malice aforethought?
Malice aforethought exists if there are no facts reducing the killing to voluntary manslaughter or excusing it AND it was committed with one of the following states of mind:
Intent to Kill
Intent to inflict great bodily injury
Reckless indifference to an unjustifiably high risk to human life
Intent to commit a felony (felony-murder rule)
Which hearsay exceptions do not require declarant to be unavailable?
Present Sense Impression
Excited Utterance
State of Mind
Medical Diagnosis or Treatment
Recorded Recollection
Business Records
What is a real covenant?
A promise concerning the use of the land that runs to successors of the promise. It typically requires the holder to either do something or refrain from doing something.
What are the two main ways to satisfy the statute of frauds?
Writing; or
Performance
A buyer of consumer goods take the goods free of security interest, even if perfected, if the buyer:
1) Buys without knowledge of the security interest
2) for value
3) primarily for the buyer's personal, family, or household purposes; and
4) before the filing of a financing statement covering the goods
Define false imprisonment
For character evidence, specific instances of conduct are generally NOT admissible to show propensity, BUT are admissible to show what? (5 purposes)
Motive or opportunity
Intent
Mistake (lack thereof)
Identity
Common plan or scheme
What is an implied easement by prescription
Created when a landowner allows a trespasser to use his land continuously for the statutory period. The trespasser's use must be:
Hostile
Open and notorious; AND
Continuous for the statutory period
What is the implied warranty of merchantability
Under the UCC, all merchants make an implied warranty (unless disclaimed) that the goods are being sold are fit for their ordinary commercial purposes.
What is a PMSI?
A purchase money secutiry interest is a security held by the seller of collateral to secure payment of all or part of the price; OR
A security interest of a person that gives value to a debtor so that the debtor may acquire rights in or the use of collateral
Define false pretenses
False pretenses consists of obtaining title to the personal property of another by an intentional false representation of a material past or present fact with intent to defraud.