Section 1

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When you get right to counsel (6th amendment)

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Last updated

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Date created

Mar 1, 2020

Cards (86)

Section 1

(50 cards)

When you get right to counsel (6th amendment)

Front

initiation of adversarial process (formal charge) in any charge that actually results in imprisonment

Back

Time limit for service

Front

90 days from filing of complaint

Back

First amendment scrutiny- don't forget

Front

considers whether there are alternative protections available

Back

When does miranda apply

Front

custodial interrogation = after formal arrest or situation where a reasonable person in the suspect's position would believe their freedom had been deprived

Back

Time limit for jury demand

Front

14 days after the last pleading directed toward jury-eligible issue

Back

Content and viewpoint neutral time place and manner restrictions on public forum

Front

intermediate scrutiny

Back

Time limit for expert disclosures

Front

90 days before trial

Back

Service of process (corporations)

Front

1. officer 2. managing agent 3. any other agent authorized to receive process

Back

personal jurisdiction constitutional standard

Front

1. Purposeful availment, as demonstrated by minimum contacts 2. Relationship between those contacts and the lawsuit

Back

Character evidence for case in chief used by prosecution after criminal defendant has opened the door

Front

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

Back

Time limit for impleader as of right

Front

within 14 days after serving answer

Back

Residency of corporation (for personal jurisdiction and venue)

Front

EITHER state where incorporated or headquartered

Back

Character evidence for case in chief (attacking character of a PARTY) used by a criminal defendant

Front

A. defendant's good character through reputation or opinion B. victim's violent character as circumstantial evidence that victim was the first aggressor

Back

Commercial speech

Front

intermediate scrutiny

Back

Subject to/ assuming mortgage

Front

o "subject to": purchaser not personally liable o "assuming": purchaser primarily liable

Back

Time limit for Renewed JMOL and motion for a new trial

Front

28 days of judgment

Back

Character for impeachment (attacking character of a WITNESS)- character for truthfulness

Front

This is always material and IF it has been attacked, it may be proved through reputation or opinion

Back

Time limit for initial discovery disclosures

Front

14 days after Rule 26 conference

Back

Prior conviction- not crimen falsi

Front

Punishable more than 1 year imprisonment, admissible: A. For criminal defendant: probative value must outweigh the prejudicial effect B. For everyone else: discretionary

Back

Time limit for amendments of right

Front

21 days of complaint, or responsive pleading

Back

When does speedy trial start?

Front

clock beings when defendant is arrested or formally charge

Back

Residency of individual (for personal jurisdiction and venue)

Front

where the person lives

Back

Future covenants in general warranty deed

Front

• 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

Back

Character evidence for case in chief (attacking character of a PARTY) in a civil case

Front

When character is at issue in a case, ok to prove through reputation, opinion, or specific acts

Back

When does due process apply to IDs?

Front

always

Back

Hearsay exceptions only when declarant is unavailable

Front

• Former testimony • Dying declaration • Statement of personal or family history • Forfeiture by wrongdoing

Back

Time limit for responsive pleading

Front

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

Back

Prior conviction- crimen falsi

Front

Less than 10 years old: automatically admissible More than 10 years old: admissible if probative value substantially outweighs prejudicial effect

Back

Not hearsay

Front

• 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)

Back

Who is entitled to jury trial?

Front

any criminal proceeding with potential sentence of longer than 6 months

Back

Time limit for removal

Front

30 days from when grounds of removal became apparent

Back

Privileges and immunities (14th amendment)

Front

right to travel vote for federal offices

Back

Residency of unincorporated association (for personal jurisdiction and venue)

Front

state where headquartered or PPB

Back

Citizenship of individual (for diversity jurisdiction)

Front

where resides and intends to remain indefinitely

Back

Current covenants in general warranty deed

Front

• Seisen: grantor owns the property • Right to convey • No encumrabances

Back

Viewpoint neutral restrictions on non-public forum

Front

intermediate scrutiny

Back

Time limit for rule 11

Front

21 days after motion for opposing party to voluntarily change his behavior

Back

Character for impeachment (attacking character of a WITNESS)- character for untruthfulness

Front

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)

Back

Time limit for pretrial disclosures

Front

30 days before trial

Back

Time limit for summary judgment

Front

anytime before 30 days after close of discovery

Back

Waste

Front

o Voluntary: intentional or negligent property damage o Permissive: failure to act that leads to damage o Ameliorative: improvements to land

Back

Hearsay exception regardless of availability

Front

• 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

Back

Time limit for Appeal

Front

30 days except only 14 days to appeal a denial of class cert

Back

Citizenship of corporation (for diversity jurisdiction)

Front

EITHER PPB/nerve center or place where incorporated

Back

Venue rules

Front

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

Back

Service of process (persons)

Front

1. deliver to defendant 2. leave process at abode 3. mail with request of waiver of service

Back

Citizenship of unincorporated association (for diversity jurisdiction)

Front

any state where a member is a citizen

Back

Prior bad acts

Front

Are not character evidence. Are admissible in civil or criminal cases when used for non-conformity purposes so supposedly not about character

Back

403

Front

probative value substantially outweighed by prejudicial effect

Back

Privileges and immunities (Article IV)

Front

comity = can't discriminate against out of state residents

Back

Section 2

(36 cards)

Defenses and privileges to intentional torts

Front

o Privilege o Defense of Others o Defense of Property o Consent o Authority (to arrest- police and shopkeeper's privilege) o Necessity o Self-defense

Back

How to create an easement

Front

o Express o Prescription o Conveyance: common ownership then severance o Necessity o Public use

Back

Property is marital property until

Front

final divorce decree

Back

Attractive nuisance

Front

child is treated like an invitee

Back

Contractual agreement for child custody

Front

parents is not enforceable if it would adversely affect the child's rights. Cannot eliminate a parental relationship by contract

Back

Jurisdiction for alimony and child support

Front

• State that entered the order has continuing, exclusive jurisdiction to enforce if any party continues to reside there, or if the parties all agree to keep it there • But any other state can enforce an existing child support order. If the state in which it is filed has no jurisdiction over the party, it is forwarded to the original issuing state.

Back

Duties of majority shareholders to minority

Front

o duty to disclose material information that would cause loss to minority shareholders o duty of fair dealing when purchasing a minority interest

Back

Jurisdiction for child custody

Front

• Any state that has jurisdiction over the child can adjudicate child custody (generally child has lived there for more than 6 months) • State that entered the order has continuing, exclusive jurisdiction unless everyone moves away or a court decides the state does not have a significant relationship with the matter

Back

Duties to known/frequent tresspasser

Front

warn of known, concealed dangers resulting from artificial conditions

Back

Duties to invitee

Front

reasonable care to prevent injuries, including inspections. Must search out dangers on the property

Back

Negligent infliction of emotional distress

Front

A. zone of danger B. bystander

Back

Perfection in secured transaction

Front

A. by filing a financing statement with the secretary of state B. by secured party taking possession (only for goods, etc) C. PMSI in consumer goods automatically perfects upon attachment

Back

Advancement

Front

like satisfaction, but for an intestate share

Back

Ademption

Front

when a gift under a will fails

Back

Products liability theories

Front

o Strict liability o Negligence o Warranties

Back

Character for impeachment (attacking character of a WITNESS)- character for untruthfulness

Front

Back

Corporations- duty of loyalty defenses

Front

Action approved by disinterested majority of directors after all information is disclosed Action approved by disinterested majority of shareholders Action is objectively fair

Back

What torts does transferred intent apply to?

Front

o Battery o Assault o False imprisonment o Trespass to lands o Trespass to chattels

Back

Anti-lapse

Front

preserve a gift to a pre-deceasing beneficiary if survived by descendants (can apply also if you disclaim)

Back

If a gift fails under a will and there is no residuary

Front

o majority rule is that it passes as if under intestate o minority rule is that it passes only to the other people named in the will

Back

Priority in secured transaction

Front

o First in time is first in right o Secured over nonsecured o Perfected over unperfected o Perfected PMSI in consumer goods takes precedence over other perfected interest

Back

Corporations- can pierce the veil if:

Front

o 1. the corporate is merely a façade o 2. The corporate form has been used for a improper or fraudulent purpose o 3. Injury or unjust loss has resulted from this wrongful use o in consideration of the following factors: • Under-capitalized • Corporate formalities have not been followed • Individual and corporate funds have been co-mingled • Extent to which the corporation is no more than an alter ego of the shareholders

Back

Abatement

Front

reducing shares if the estate is insufficient to satisfy all requests

Back

Pairs of torts

Front

1. libel and slander 2. public disclosure of private facts and false light 3. intrusion into seclusion and commercial appropriation 4. malicious prosecution and wrongful initiation of legal proceedings 5. fraudulent and negligent misrepresentation 6. interference with contractual relations and interference with prospective economic advantage 7. wrongful death and loss of consortium

Back

Validity of premarital agreements

Front

• Voluntariness • Fairness • Disclosure

Back

What are the intentional torts?

Front

o Battery o Assault o False imprisonment o Intentional infliction of emotional distress o Trespass to lands o Trespass to chattels o Conversion

Back

Will contract

Front

irrevocable after the death of one party

Back

Attachment in secured transaction

Front

1. secured party gives value (usually credit) 2. debtor has rights in the collateral 3. authenticated security agreement

Back

Court can dissolve a partnership if

Front

• Economic purpose is frustrated • Impracticable to carry on business in conformity with the partnership agreement • Impracticable to carry on business with a particular partner, given that partner's previous conduct

Back

Decisionmaking in a partnership

Front

o Decisions in the ordinary course of business require a majority of partners o Decisions outside the ordinary course of business require all partners

Back

Duties to unknown tresspasser

Front

no willful harm

Back

Testamentary capacity requires

Front

understanding of 1. nature and extent of property 2. nature and extent of distribution being made 3. Names and relationship of the people receiving under the will

Back

Satisfaction

Front

when a gift is made while the testator is alive that satisfies a portion of the will

Back

Duties to licensee

Front

warn of known, concealed dangers

Back

Duties of agent

Front

o Care o Loyalty o Account for money received o No co-mingling of funds o Candor

Back

Reasons to contest a will

Front

o Invalid execution o Revocation o Undue influence o Fraud o Mistake

Back