Section 1
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When you get right to counsel (6th amendment)
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Last updated
4 years ago
Date created
Mar 1, 2020
Cards (86)
Section 1
(50 cards)
When you get right to counsel (6th amendment)
initiation of adversarial process (formal charge) in any charge that actually results in imprisonment
Time limit for service
90 days from filing of complaint
First amendment scrutiny- don't forget
considers whether there are alternative protections available
When does miranda apply
custodial interrogation = after formal arrest or situation where a reasonable person in the suspect's position would believe their freedom had been deprived
Time limit for jury demand
14 days after the last pleading directed toward jury-eligible issue
Content and viewpoint neutral time place and manner restrictions on public forum
intermediate scrutiny
Time limit for expert disclosures
90 days before trial
Service of process (corporations)
1. officer 2. managing agent 3. any other agent authorized to receive process
personal jurisdiction constitutional standard
1. Purposeful availment, as demonstrated by minimum contacts 2. Relationship between those contacts and the lawsuit
Character evidence for case in chief used by prosecution after criminal defendant has opened the door
A. if defendant puts on testimony about defendant's good character AND that testimony deals with a pertinent trait to the crime, then prosecution may put on testimony about defendant's bad character through reputation or opinion B. In homicide cases only, if defendant puts on testimony that victim had violent character, the prosecution may offer evidence of peacefulness of victim
Time limit for impleader as of right
within 14 days after serving answer
Residency of corporation (for personal jurisdiction and venue)
EITHER state where incorporated or headquartered
Character evidence for case in chief (attacking character of a PARTY) used by a criminal defendant
A. defendant's good character through reputation or opinion B. victim's violent character as circumstantial evidence that victim was the first aggressor
Commercial speech
intermediate scrutiny
Subject to/ assuming mortgage
o "subject to": purchaser not personally liable o "assuming": purchaser primarily liable
Time limit for Renewed JMOL and motion for a new trial
28 days of judgment
Character for impeachment (attacking character of a WITNESS)- character for truthfulness
This is always material and IF it has been attacked, it may be proved through reputation or opinion
Time limit for initial discovery disclosures
14 days after Rule 26 conference
Prior conviction- not crimen falsi
Punishable more than 1 year imprisonment, admissible: A. For criminal defendant: probative value must outweigh the prejudicial effect B. For everyone else: discretionary
Time limit for amendments of right
21 days of complaint, or responsive pleading
When does speedy trial start?
clock beings when defendant is arrested or formally charge
Residency of individual (for personal jurisdiction and venue)
where the person lives
Future covenants in general warranty deed
• Quiet enjoyment: no third party has a valid claim to land • Warranty: grantor will defend grantee against any future 3rd party claim • Future assurances: grantor will do anything reasonably necessary to protect grantee's interest
Character evidence for case in chief (attacking character of a PARTY) in a civil case
When character is at issue in a case, ok to prove through reputation, opinion, or specific acts
When does due process apply to IDs?
always
Hearsay exceptions only when declarant is unavailable
• Former testimony • Dying declaration • Statement of personal or family history • Forfeiture by wrongdoing
Time limit for responsive pleading
21 days if service was filed, 60 days if service was waived, 14 days to file an answer if a motion to dismiss was denied
Prior conviction- crimen falsi
Less than 10 years old: automatically admissible More than 10 years old: admissible if probative value substantially outweighs prejudicial effect
Not hearsay
• Statement by party opponent (including adoptive, authorized, vicarious) • Statement by co-conspirator • Prior inconsistent statement and prior consistent statement (requires that the declarant have testified at trial) • Prior identification (requires that the declarant have testified at trial)
Who is entitled to jury trial?
any criminal proceeding with potential sentence of longer than 6 months
Time limit for removal
30 days from when grounds of removal became apparent
Privileges and immunities (14th amendment)
right to travel vote for federal offices
Residency of unincorporated association (for personal jurisdiction and venue)
state where headquartered or PPB
Citizenship of individual (for diversity jurisdiction)
where resides and intends to remain indefinitely
Current covenants in general warranty deed
• Seisen: grantor owns the property • Right to convey • No encumrabances
Viewpoint neutral restrictions on non-public forum
intermediate scrutiny
Time limit for rule 11
21 days after motion for opposing party to voluntarily change his behavior
Character for impeachment (attacking character of a WITNESS)- character for untruthfulness
This is always material and may always be proved through A. reputation or opinion B. questioning on cross about specific un-convicted acts (but you're stuck with whatever answer you get, because no extrinsic evidence allowed)
Time limit for pretrial disclosures
30 days before trial
Time limit for summary judgment
anytime before 30 days after close of discovery
Waste
o Voluntary: intentional or negligent property damage o Permissive: failure to act that leads to damage o Ameliorative: improvements to land
Hearsay exception regardless of availability
• Present sense impression • Excited utterance • Then-existing physical, mental, emotional condition • Statements made for the purpose of medical diagnosis or treatment • Past recollection recorded • Business records • Public records
Time limit for Appeal
30 days except only 14 days to appeal a denial of class cert
Citizenship of corporation (for diversity jurisdiction)
EITHER PPB/nerve center or place where incorporated
Venue rules
o When all defendants live in same state, venue is ok in any district where any defendant resides o When defendants reside in multiple states, venue is appropriate in any district in which a substantial part of the events giving rise of the claim occurred
Service of process (persons)
1. deliver to defendant 2. leave process at abode 3. mail with request of waiver of service
Citizenship of unincorporated association (for diversity jurisdiction)
any state where a member is a citizen
Prior bad acts
Are not character evidence. Are admissible in civil or criminal cases when used for non-conformity purposes so supposedly not about character
403
probative value substantially outweighed by prejudicial effect
Privileges and immunities (Article IV)
comity = can't discriminate against out of state residents
Section 2
(36 cards)