Torts
List the four invasion of privacy torts
Intrusion upon seclusion
Misappropriation
Public Disclosure of Private Facts
False Light
When is an attorney-Client relationship formed?
When the client reasonably believes it has formed, and when the Attorney takes no actions to prevent formation
What are the equitable defenses?
Laches & unclean hands
What are the tyree types of waste & explain?
Affirmative - Voluntary acts that decrease value
Permissive - Neglect that decreases the value
Ameliorative - cchanges that increase the value
When is evidence logically relevant?
BONUS: What does FRE 403 say?
When it makes a material fact more likely than it would be without the evidence
403 - Relevant elevance will be excluded if the probative value is substantially outweighed by the risk of undue prejudice
What are the defenses to intentional torts?
Consent, self-defense, defense of others, defense of property, necessity, recapture of chattels
Advertisement Requirements
L must not make false or materially misleading statements about L or L's services. Ad must include the name and addresses of at least one L or firm.
What is the formula for compensatory damages?
Expectation Damages + Conseqential + incidentals - mitigation - cost savings
What are elemens of Adverse Possession?
Continuous
Hostile
Open & Notorious
When can you use specific acts in a civil case?
When an essential issue in the case or child molestation/rape
Distinguish Trespass to chattel from conversion
Damages for Trespass to chattels include the cost of repair or rental value, damages for conversion can recover full market value @ time of conversion.
Attorney-Client Privilege & Exceptions
Statements between a client and lawyer that are intended to be confidential, and made for the purpose of seeking legal advice/representation, are privileged, unless: (1) Client's communications were intended to further a crime or fraud, (2) there's a dispute between the client and lawyer, or (3) the information is likely to result in substantial bodily injury or death.
What are the elements for a preliminary injunction?
Irreperable harm (money damages inadequate)
Balance of the harms/equities if injunction granted/not granted
Likelihood of success on the merits
Feasibility of enforcement/supervision
What are the three types of recording acts? & Explain
BONUS: What is shelter rule
Race - First to record wins
Notice - Subsequent purchaser wins if she acquires without notice an unrecoerded conveyance
Race-Notice - subsequent purchaser wins if acquired without notice & records first
Shelter rule - Someone who purchases from a BFP, who was protected by a recording statute, the protection extends to purchaser
When is work-product discoverable?
It is not discoverable unless the opposing party shows a substantial need for it and it cannot be obtained by othermeans without undue hardship
Res Ipsa Loquitor
Type of harm would not normally occur without negligence
The type of harm is normally caused from negligence by someone in the defendant's position
The injury-causing instrument was in D's exclusive control
Cram Sheet Blurb
What are the restitution elements?
Party confers measureable benefit on another party
Benefit was not gratuitous (P expected to get paid)
It would be unjust for party to retain the benefit without paying other party
What are the 6 covenants of a general warranty deed?
Seisin
Covenant of conveyance
Covenant against encumberances
Covenant of enjoyment
Covenant of warranty
Covenant of assurances
What are all of the hearsay exclusions?
Prior inconsistent statement
Prior consistent statements
Statements of identification
Party Opponent Admission
Legally operative facts
Strict Products Liability requirements AND types of product defects.
Defendant is a merchant
Product is defective
Product is unaltered since leaving D's control
Plaintiff used product in a foreseeable manner
1. Manufacturing Defect 2. Design Defect 3. Failure to Warn
Opposing Counsel asked Attorney for a brief extension of time to respond to Client's interrogatories because he was going on a long-planned vacation. Client told Attorney not to grant the extension because Defendant had gouged him on chip prices. She denied the request for an extension.
List possible ethical violations
Duty of Fairness
Duty of Diligence
Scope of Representation
What are the elements for specific performance?
Valid Contract
Clear and Definite Terms
All Conditions satisfied
Money damages inadequate
Feasibility of enforcement/superivison
No defenses
Real Covenant Elements
Intent to run with land
Touch and concern the land
Notice (Actual or constructive)
Privity, vertical & horizontal
What are all the unavailable declarant hearsay exceptions?
Statement of Family History
Forfeiture, when you cause declarant to be unavailable
Former Testimony
Dying declaration
Statement against interest