Civ Pro
When a plaintiff's choice of venue is correct, it is considered this
What is proper?
What is rational basis review
A thank-you gift is considered this kind of consideration, which is to say, none at all
What is "past" consideration?
This exception states that a defendant cannot be liable under felony murder for the death of his co-felon
What is the Redline exception?
A waiver of one's Miranda rights must meet these 3 elements
What are knowing, intelligent, and voluntary?
If relevant evidence has been excluded, it is because a policy reason about prejudice, confusion, delay, or expense has done this to its probative value
What is "substantially outweigh it"?
Sublessees have this kind of privity with the landlord
What is none?
It's the standard of care for a child
What is a child of like age, experience, and intelligence?
"Tag" jurisidiction - that is, personal jurisdiction achieved by finding and properly serving the defendant in the forum state, does not work on this type of party
What is a corporation?
Almost always a wrong answer on the bar, it is the part of the Constitution that limits the ability of state law to interfere with private agreements
What is the Contracts Clause?
When a party has given another reasonable grounds of insecurity about whether it will perform, the other party has the right to do this
What is demand adequate assurances?
It's the mens rea for murder
What is malice aforethought?
It is these kinds of circumstances that can justify a search without a warrant
What are exigent circumstances?
This rule requires a party to produce the writing itself, and not merely other information that the writing exists or says something in particular
What is the Best Evidence Rule?
These things are subject to the Rule Against Perpetuities, since the law favors the ability to convey property.
What are restraints on alienation?
This variation on the rule for actual cause allows a plaintiff to sue two jointfeasors for negligence, even only one could have actually caused his damages, as long as both breached the standard of care
What is alternative causation or alternative liability?
This motion, which can be made at any time before the case is submitted to the jury, can end the case early if a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.
What is a judgment as a matter of law?
A common bar question, it is the kind of law that can survive a First Amendment free exercise of religion challenge because it regulates everyone, religious or not
What is a law of general applicability?
This rule allows a maker of fungible goods to recover the full contract price from a buyer, even if the maker successfully sells that same good to another buyer
What is the lost volume seller rule?
This property crime describes fraudulent conversion or misappropriation of another's property by a lawful possessor.
What is embezzlement?
The automobile exception allows a police officer to search any part of a car that meets this standard
What is probable cause that it contains evidence of crime?
It is what the use of subsequent remedial measures as evidence CAN prove in court
What is ownership, control, or feasibility?
If a landowner can show a zoning ordinance has practical compliance challenges or unreasonable requirements or createas an undue hardship, she can obtain this
What is a variance?
This doctrine allows for child trespassers, under some circumstances, to recover for the negligence of landowners
What is the attractive nuisance doctrine?
It is the test for determining a corporation's principal place of business for purposes of diversity citizenship
What is the nerve center test?
An exception to the mootness doctrine, it allows courts to hear cases or controversies about events that "may be over too quickly"
What is "capable of repetition, yet evading review"?
What is the merchant's confirmatory memorandum?
This is the mens rea required for attempt
What is the specific intent to bring about a criminal result?
What are adversarial proceedings?
What is circumstantial evidence of other crimes, wrongs, or acts?
This way of terminating an easement acquires when the dominant tenement purchases the servient tenement
What is merger?
This rule, only available in traditional contributory negligence jurisdictions, allows a negligent plaintiff to recover if the defendant had this regarding the accident causing the injury
What is the last clear chance (to avoid the injury)?
What is unlimited (or infinite)?
It is the part of the Constitution that applies the guarantees of Equal Protection to the federal government
What is the Due Process Clause of the Fifth Amendment?
An intended third party beneficiary of a contract must have proven this about her right in order to sue one of the main parties of that contract
What is "that they have vested" / vesting?
DAILY DOUBLE: Under the Pinkerton doctrine, a conspirator is liable for all crimes of the co-conspirators where their crimes meet these two elements
What is: (1) foreseeable outgrowth of conspiracy AND (2) committed in furtherance of the conspiratorial goal?
These are the requirements for a magistrate issuing a warrant
What are neutral and detached?
For hearsay to be excluded on Confrontation Clause grounds, it must be considered as this
What is testimonial?
If a mortgagor cannot pay off the mortgagee/creditor with the sale procedures of a foreclosure, the mortgagee/creditor can obtain this against him
What is a deficiency judgment?
This kind of misuse will absolve a manufacturer from products liability
What is unforeseeable or unintentional?