con law clowning
Congress has granted SCOTUS exclusive jurisdiction over controversies between 2 or more ______. All other cases within its original jurisdiction are concurrent with lower federal courts.
What are states?
While historically viewed as inadequate, the modern trend is to enforce certain promises involving this under the material benefit rule
What is past consideration?
When it is reasonably foreseeable that a 3rd party might hear the defendant's false statement about the plaintiff, the statement was negligently communicated and the defendant may be liable for this tort.
What is defamation?
________ impossibility is a defense to attempt if the act intended is not a crime.
What is legal?
This doctrine allows an immediate appeal from an interlocutory order that (1) conclusively resolves an important issue that (2) is separate from the merits of the claim and (3) cannot be effectively reviewed on appeal from a final judgment.
What is the collateral order doctrine?
Once Congress delegates power to an executive agency, it cannot interfere with the agency's functions without satisfying _____ & ______. Any attempt to bypass this process is an unconstitutional legislative veto.
What is bicameralism and presentment?
A contract is voidable based on mutual mistake when (1) both parties are mistaken about a basic assumption upon which the contract was made, (2) the mistake _____________________, and (3) neither party bore the risk of the mistake.
What is "materially affects the agreed upon exchange?"
What is pecuniary loss?
This theft crime involves obtaining title to another's property through that person's reliance on a representation of a material past or present fact that was known to be false and made with the intent to defraud.
__________ is generally permitted with regard to any nonprivileged matter that is (1) relevant to any party's claim or defense and (2) proportional to the needs of the case.
What is discovery?
Indirect (sales/excise) federal taxes comply with the taxing & spending clause so long as they are (1) geographically uniform and (2) _________________.
What is reasonably related to revenue production?
In evaluating a m_________, it is each party's knowledge or reason to know about the m__________ that controls (a subjective test), not what a reasonable person would know.
What is misunderstanding?
A defendant who has permission to use the plaintiff's chattel commits ______ when they (1) intentionally use the chattel in a way that exceeds the scope of permission and (2) seriously violate the plaintiff's right to control the chattel.
What is conversion?
A person who obtains possession of property owned by another by fraud/lies, with the intent to permanently deprive, and resulting in the conversion of the property is guilty of this.
What is larceny by trick?
Under the Erie Doctrine, a federal court sitting in diversity must apply a federal law that is (1) ___________ & does not (2) ____________.
What is arguably procedural; modify a substantive right?
When Congress presents a bill to the president, the president has 10 days to act. If the president takes no action and Congress is ______ during that 10 day period, the bill does not become law and the President's inaction cannot be overridden.
What is adjourned?
What is material?
This type of intoxication serves as a defense only to specific intent crimes if the intoxication prevents the formation of the requisite mental state.
What is voluntary intoxication?
Attempted murder requires proof that the defendant acted with _________________, no other form of malice aforethought will suffice.
What is intent to kill?
Under this special rule, subject matter jurisdiction for statutory impleader requires an amount in controversy of at least $500 and _________ diversity between the claimants.
What is minimal?
Under this clause, persons in federal custody can challenge their detention by filing a writ of habeas corpus in federal courts unless congress has suspended the writ. This applies to noncitizens classified as enemy combatants in territories over which the US has sovereign control.
What is the suspension clause?
This type of fraudulent misrepresentation prevents the party from knowing the contract's character/essential terms and results in the contract being void.
What is fraud in the factum?
Under the MPC test for insanity, which combines M'Naghten and irresistible impulse tests, the defendant is NGRI if he lacked substantial capacity to appreciate the wrongfulness of the act or to ____________________ because of a mental disease or defect.
What is conform his conduct to the law?
Under this doctrine, a person can be guilty of larceny if they form the requisite intent after the taking occurs.
What is continuing trespass?
When a federal officer or employee is sued in their official capacity, special venue rules apply. Venue is proper where the resides.
What is plaintiff?