Crim
Four categories of specific-intent crimes (Mnemonic)
What is FIAT?
Felony Murder
Inchoate Crimes
Assault with Intent to Commit a Battery
Theft Offenses
This type of evidence (unlike character evidence) is admissible without corroboration or an eyewitness to prove conduct on a specific occasion
What is habit evidence?
A defendant who takes the plaintiff as found and is liable for unforeseeably severe injuries caused by a preexisting condition is subject to this rule.
What is the eggshell skull rule?
Under the UCC, this is the only essential term that must be included for a contract to avoid failing for indefiniteness.
What is quantity?
Diversity jurisdiction requires complete diversity and this minimum amount in controversy
What is more than 75k?
Under Miranda, if a suspect invokes the right to counsel, police must stop questioning unless the suspect initiates contact again or this many days pass with a fresh warning given.
What is 14 days?
This hearsay exclusion applies when a statement is offered against a party and was made by that party.
What is a statement of a party opponent?
Under this rule, a plaintiff's recovery is reduced by the plaintiff's percentage of fault rather than completely barred
What is comparative negligence?
A merchant's signed written promise to keep an offer open is enforceable without consideration under this doctrine
This doctrine allows a federal court with original jurisdiction to hear additional claims arising from the same common nucleus of operative facts.
What is supplemental Jx?
This doctrine allows the intent to harm one person or object to satisfy the mens rea when the act directly results in harm to a different person or object
What is transferred intent?
A witness's prior statement made under oath at a prior proceeding and inconsistent with trial testimony is admissible both to impeach and as this.
What is Substantive evidence?
This doctrine lets a jury infer negligence from circumstantial evidence alone when an accident is the kind that doesn't normally happen absent negligence and the instrumentality was in the defendant's exclusive control.
What is res ipsa loquitur?
Under the UCC's "battle of the forms," when both parties are merchants, additional terms in an acceptance become part of the contract automatically unless one of three exceptions applies — name one.
What is:
the term materially alters the contract,
the offer expressly limits acceptance to its terms,
or the offeror objects within a reasonable time?
A defendant generally has this many days after service of the complaint to file a notice of removal.
What is 30 days?
This doctrine makes all co-felons liable for crimes committed by other felons that are foreseeable and committed in furtherance of the felony
What is the Pinkerton Rule?
A memorandum made or adopted by a witness while the matter was fresh in memory may be read into evidence when the witness cannot presently recall the information, but the writing itself is not admitted as an exhibit unless offered by the adverse party
What is a recorded recollection?
Each of two or more defendants liable for a single indivisible harm can be held liable for the entire harm to the plaintiff.
What is Joint-Several Liability?
Differing terms between offer and acceptance do this to each other, with gaps filled by Article 2.
This doctrine bars relitigation of an issue actually litigated and necessarily decided in a prior action
What is collateral estoppel?
Defense to general-intent crimes > valid only if the mistake was reasonable. For specific-intent crimes, it's a defense even if unreasonable.
What is mistake of fact?
Prevents a person with a financial interest in an estate from testifying about communications with the deceased when adverse to the estate.
What is a Dead Man's Statute?
This doctrine allows a manufacturer of a prescription drug to satisfy its duty to warn simply by informing the prescribing physician, rather than the patient directly.
What is a learned-intermediary?
Equitable doctrine; excuses a party's duty to perform when an unexpected event destroys the party's underlying purpose for entering the contract, even though performance itself remains possible
What it frustration of purpose?
Under Erie, when no federal statute or Federal Rule controls, a federal court may apply federal law if the federal interest outweighs the state's interest after considering outcome determination, forum shopping, and inequitable administration
What is the Byrd balancing test?