Are you forReal Property
A rule you hate to see coming.
What is RAP ?
This is the tort where one person intentionally causes emotional distress to another through outrageous or extreme conduct.
What is intentional infliction of emotional distress (IIED)?
Under Rule 22 of the Federal Rules of Civil Procedure, a stakeholder may use this procedure to bring in multiple adverse claimants to resolve competing claims against the stakeholder. What is this called?
What is interpleader?
In California, under Evidence Code Section 1220, a statement made by a party opponent is generally not hearsay. How does this rule differ from the federal rule regarding party-opponent statements?
What is the California rule allows admission of statements made by a party opponent (which aligns with the federal rule, but California does not require that the statement be made by the partys authorized agent as is needed under federal law)?
The Dormant Commerce Clause prohibits states from discriminating against or unduly burdening interstate commerce. What is the basic principle behind this clause, and why is it considered dormant.
What is the Dormant Commerce Clause arises from the Commerce Clause of the U.S. Constitution and limits state actions that could negatively affect interstate commerce, even though Congress has not legislated in that area? The dormant aspect refers to the implied limitation on state powers that prohibits discrimination or undue burden on interstate trade.
These are interest that operate as an exception to the rule above.
What is a Charitable Trust?
This type of defamation is when a statement is written or published to a third party and harms someones reputation.
What is libel?
Under Rule 14, a defendant may bring a third party into the lawsuit if the defendant believes this third party is liable to the defendant for all or part of the plaintiffs claim. What is this procedure called?
What is impleader?
Under California law, what is the rule regarding the admissibility of character evidence in a criminal case compared to the federal rules?
What is California generally does not allow character evidence to show propensity (even in criminal cases), while under federal rules, character evidence may be admissible in criminal cases under certain exceptions (e.g., in self-defense claims)?
Under the Dormant Commerce Clause, a state law that discriminates against interstate commerce is subject to strict scrutiny. What are the conditions under which such a discriminatory law may be upheld despite its discriminatory effect?
What is a discriminatory state law may be upheld if necessary to achieve an important state interest (e.g., health and safety), and if the state cannot achieve that goal through less discriminatory means?
This doctrine, often used in modern jurisdictions, allows courts to wait to determine if an interest actually vests within the mandated period.
What is the wait & see doctrine?
When a defamatory statement is spoken and harms someones reputation, its referred to as this.
What is slander?
if the third-party defendants liability is secondary to the defendants, this type of claim is typically made.
What is a contribution or indemnity claim?
In California, how is hearsay evidence from an absent witness treated differently under the Evidence Code Section 1291 as compared to the federal rules for hearsay exceptions?
What is California allows statements by a declarant who is unavailable due to memory loss to be admissible as a hearsay exception under Evidence Code Section 1291, while the federal rules do not have a similar exception for memory loss?
What is the market participant exception to the Dormant Commerce Clause, and how does it allow a state to regulate commerce despite its potential to discriminate against interstate commerce?
What is the market participant exception allows a state to favor its own citizens or businesses in certain commercial transactions (such as when the state is a buyer or seller in the market), and this exception does not violate the Dormant Commerce Clause because the state is acting as a market participant rather than a regulator.
This rule is known as the “too bad too sad” rule of property as applied to future interests that impacts those who would've otherwise benefited if not for someones interest vesting.
too bad for anyone else who could've joined later!
What is the rule of convenience ?
This intentional tort involves making a false statement about someone that harms their reputation, and it could involve slander or libel.
What is defamation?
Under Rule 14, what is the time limit for a defendant to file a third-party complaint, and what must the defendant show to do so?
What is 14 days after serving the original answer, and the defendant must show the third partys potential liability to the defendant for all or part of the plaintiffs claim?
Under California Evidence Code Section 352, a court can exclude evidence if its probative value is substantially outweighed by the risk of undue prejudice, confusion, or delay. How does this compare to the federal balancing test for Rule 403?
What is Californias Section 352 is nearly identical to the federal Rule 403, but it applies more broadly and focuses specifically on prejudice, confusion, and delay, while federal courts also consider unfairness in the balance?
A state enacts a law imposing a fee on goods entering its borders. The fee is higher for out-of-state businesses than in-state businesses. How would the Dormant Commerce Clause apply in this case?
What is the Dormant Commerce Clause likely prohibits the fee because it discriminates against out-of-state commerce, placing an undue burden on interstate trade and creating a barrier to market entry for businesses outside the state?
A classic example that violates the [] is a gift “to the first of my descendants to reach the age of 30” This hypothetical child is commonly known as what?
What is the “fertile octogenarian rule”?
In a defamation case, when the statement involves a matter of public concern, the plaintiff must show actual malice to recover presumed or punitive damages. However, when the statement is about a private concern, this standard does not apply, and the plaintiff can recover these types of damages without showing actual malice.
What are presumed or punitive damages for public concern, and general damages for private concern?
If a court dismisses a case without prejudice, can the plaintiff appeal the dismissal, and what principle would govern whether the dismissal can be appealed?
What is no appeal until the case is dismissed with prejudice because dismissal without prejudice is not a final judgment?
In California, what is the rule regarding the admission of a witness’s prior felony conviction for impeachment purposes, and how does it differ from the federal rule under Rule 609.
What is Californias rule under Evidence Code Section 788 allows a prior felony conviction to be used for impeachment only if it involves moral turpitude or a crime punishable by death or imprisonment in the state prison, whereas under the federal rule, felonies are automatically admissible for impeachment (subject to balancing for age and relevance)?
In analyzing whether a state law unduly burdens interstate commerce under the Dormant Commerce Clause, courts apply a balancing test. What factors are weighed in this test, and how do courts determine whether a state law violates the Dormant Commerce Clause?
What is the court balances the states legitimate local interests (e.g., public health, safety, environmental protection) against the burden on interstate commerce that the law imposes. The law is upheld if the local benefits outweigh the burdens, but it may be struck down if the burden on commerce is excessive.