Criminal Law
duty to act?
usually no duty to act unless voluntarily, contractually, statutorily, or related then duty to act
When does a person have or not have standing?
What is injury, caused by defendant, and redressable by court
No taxpayer or citizen standing
right to possess, right to be free from damage, right to exclude, right to transfer, free from expropriation, use and enjoy
4 requirements of class actions
numerosity, commonality, typicality, and adequate representation
Commerce clause
1. channels 2. instrumentalities 3. substantially affects (hypothetical multiplier)
Robbery?
felonious, taking, carrying away, property, from person or presence, by violence or putting them in fear of force or threat of force
1. extent of burden 2. raise revenue 3. collected by IRS 4. scienter requirement met
Adverse Possession?
Actual, open, continuous, exclusive, adverse, notorious, for the statutory period
Calder Effects Test
What did Winter hold regarding TRO's?
what is the likelihood of success on the merits, irreparable harm, balance of equities, public interest
Attempt crimes
a special intent to do an act that amounts to a crime, takes a substantial step, failed or prevented
Congress's power of the purse
-provide for general welfare, money drawn must be apportioned by law, p+b, presidential impoundment
future interest on a fee simple subject to executory limitation where the 3rd party is the grantor?
Springing executory interest
Gilbert FNC factors
Private: access to evidence, location of witnesses, can courts enforce judgement
Public: court congestion, local interest in case, avoiding conflicts of law, burden on jury to solve foreign issues
leasehold where there is no fixed end point and can be terminated without notice
Tenancy at will
strict liability and policy goals
no mens rea required, protect society, deter socially dangerous conduct, act with greater caution, avoid exhausting courts
Major questions doctrine
if president or agency address issue of vast economic or political significance, the court will uphold if supported by statutory language, more scrutiny, no deference, add on helper
defendant's conduct considerations for nuisance?
priority in time, impracticability of preventing, social value, suitability of conduct
Carnival Cruise Case held?
forum selection clause enforceable
A developer owned 100 acres of land that he developed into a residential subdivision. Seventy-five acres were divided into one-acre lots on which single-family homes were built, and the remaining 25 acres were left undeveloped as a “recreational area.” In the deeds to each of the one-acre lots, the developer granted the homeowners a 10-year easement to use the recreational area. Ten years later, the developer sold the 25-acre tract to a waste disposal company, which plans to use the tract to dispose of low-level radioactive waste. The statute of limitations for adverse possession and prescriptive rights is 10 years.
If the subdivision homeowners seek to enjoin this use, will they likely prevail?
No, because they have no interest in the property.
The defendant and his friend entered a convenience store wearing ski masks and demanded all the money in the register, claiming they had a gun. The clerk promptly complied with that demand. The pair grabbed the money and ran out the door. A police officer saw them running through the parking lot, still wearing their masks, and surmised that a robbery had taken place. Without any warning, the police officer drew out his gun and fired two shots, one of which shattered the defendant’s kneecap and sent him tumbling to the ground. The other bullet struck the friend in the head, killing him instantly. The defendant is placed on trial for the friend’s death on a felony murder theory.
Which of the following is the best argument for the defendant to make in order to gain an acquittal?
The friend was a co-felon
War Powers Resolution Act of 1972
president may introduce troops, after declaration of war, statutory authorization, national emergency created by attack on US or territory
Title protections for present covenants?
warranty of seisin, right to convey, warranty against encumberances
What was the holding in Baidoo?
In order for application of alternative service to be granted, plaintiff must show:
1. That she is unable to have summons personally served on defendant
2. That it would be impracticable to serve him with substitute service on a person of suitable age and discretion using "nail and mail"
3. And that sending the summons through facebook can reasonably be expected to give him actual notice that he is being sued for divorce.
Lena, a citizen of Ohio, sues Vertex Medical Devices, Inc. (Delaware corporation with its principal place of business in Texas) in federal court under diversity jurisdiction. She alleges that a defective surgical implant caused her serious complications requiring hospitalization. During litigation, Lena also seeks to add a claim against Vertex for a separate incident involving a different product—a surgical adhesive—used in a different procedure one year earlier. She alleges the adhesive caused minor irritation but did not require hospitalization. Both products were marketed under Vertex’s “SafeCare” brand and were sold through the same hospital system. Vertex moves to dismiss the adhesive claim for lack of subject matter jurisdiction.
The court likely lacks supplemental jurisdiction because the claims involve different products, different medical procedures, and different injuries.