Crim Pro, Crim Law, Evidence
____________ is an out of court statement offered for the truth of the matter asserted.
What is Hearsay?
A Landlord may sue a tenant for this or terminate the lease and evict the tenant if not received.
What is Rent.
Under this rule, a public safety officer may not recover in negligence injuries attributable to the specific negligence that required his/her presence at the scene.
A ______ is a belief not in accordance with the facts or law as it existed at the time of contracting.
What is a mistake?
_______ is the process by which the parties to a law suit provide and obtain information about their claims and defenses before trial.
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Substantive-due-process rights are guaranteed to citizens through the ______ and ___________ Amendments.
What is Discovery?
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What are the Fifth and Fourteenth Amendments?
The confrontation clause of the Sixth Amendment does not bar the admission of this kind of statement when the objective primary purpose of the interrogation was to address an ongoing emergency.
What is an out-of-court statement?
This occurs if the Landlord or someone with a superior title physically excludes or dispossesses a tenant from some or all of the property.
What is an actual eviction?
Fill in the blank:
A ________ force is an additional act or force other than the actor's breach that contributes to the victim's harm along with the breach.
What is an intervening force?
This defense posits that specific types of contracts are unenforceable unless their terms appear in a writing signed by the party to be charged.
What is the statute of frauds?
Bar Exam Tip: On the exam, be on the lookout for telephonic or oral negotiations, or terms that were discussed orally but did not make it into a written contract.
These two rights have this in common: right to marry and the right to purchase and use contraception.
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A party may serve a maximum of 25 of these, including subparts, on any other party.
What is an implied right?
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What are interrogatories?
These kinds of statements are those made to police in the course of an interrogation.
What is a testimonial statement?
To invoke this doctrine, a tenant must give a landlord (1) notice of the problem and (2) a reasonable opportunity to cure
Hint: this is available to both residential and commercial tenants.
What is constructive eviction?
An actor may owe a duty to protect a victim from a ____ if the actor has a _______relationship with the _________.
Hint: the first and last blanks are the same.
What is a third-party and special relationship?
This mistake involves (1) a basic assumption on which the contract was made,(2) a material effect on the agreed exchange of performances.
Hint: It does not involve a risk impliedly or expressly assumed under the contract by the adversely affected party.
What is a mutual mistake?
Under this standard, the government may only deprive individuals of a fundamental right if the gov. action is necessary and narrowly tailored to achieve a compelling government interest.
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Parties may use discovery to obtain any information that is (1)not privileged,(2)_____ __ __ ____ ___ ____, and (3) proportional to the needs of the case. (Hint: P.R.P)
What is strict scrutiny?
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What is relevant to the claims or defenses?
The witness's statements were made during a violent attack that startled her, and the victim was still being attacked when they were made.
What is an excited utterance?
(A statement relating to a startling event or condition made while the declarant was under the stress or excitement that it caused.)
Under this lease, the Landlord and the tenant are neither in privity of contract nor privity of estate.
What is a sublease?
A possessor of land must carry on all activities on the premises with reasonable care under the circumstances to avoid creating an unreasonable risk of harm to a _______ trespasser.
What is a known trespasser?
A party’s ______ is due to infancy, mental incompetence, or intoxication at the time the contract forms render a contract voidable by the party lacking capacity.
What is incapacity?
If a party fails to disclose required information under Rule 26(a) or fails to supplement under Rule 26(e), the court may impose any sanction that falls within its _______.
What is the court's discretion?
Bar Exam Tip: Common Scenario
Sanctions may be imposed if: (1) ESI that should have been preserved is lost because a party failed to take reasonable steps to preserve it, and (2) another party suffers prejudice as a result of the loss.
______________, the supreme court held, that the admission of an “testimonial” out-of-court statement violates the defendant’s right to confrontation if the witness is unavailable to testify at trial and the defense has not had a prior opportunity to cross examine the witness.
What is Crawford v. Washington?
Fill in the blanks:
_______ possession means no 3rd party has sufficient property rights to evict the tenant. ______ possession means the tenant may physically occupy the property free from any wrongful occupants.
What is (1) legal and (2) actual possession?
When this is proven, the victim will have established the elements of duty, the standard of care, and breach, but not actual or proximate causation.
What is negligence per se?
A contract entered into by a party lacking capacity, or by a party acting under duress or undue influence, is _________ by the party whose free will is compromised.
voidable
Economic rights are generally treated as _________ rights.
Hint: rational basis review applies typically to these kinds of rights.
What is a nonfundamental right?