BARBRI

When an installment land contract is used, the seller’s obligation is to furnish marketable title when

delivery is to occur

When can an easement be extinguished?

where the owner of the privilege demonstrates by physical action an intention to permanently abandon the easement. Mere nonuse is not sufficient to terminate an easement.

to establish a prima facie case for invasion of privacy involving public disclosure of private facts about the plaintiff, the plaintiff must show

the defendant publicized private information about the plaintiff and that its public disclosure would be highly offensive to a reasonable person.

Is there liability for publication of matters occurring in a public place?

Generally, there is no liability

To be admissible, real or demonstrative evidence must not only be relevant but must also be

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authenticated (identified as being what the proponent claims it to be

For a photograph that is used a demonstrative evidence, authentication is by

testimony that the photo is a faithful reproduction of the object or scene depicted

Obscenity, which is not protected speech under the first amendment is defined by the supreme court as

a description or depiction or sexual conduct that, taken as a whole by the average person, applying contemporary community standards, appeals to the prurient interest in sex, portrays sex in a patently offensive way, and using a national reasonable person standard - does not have serious literary, artistic, political, or scientific value.

A tax is valid under the Commerce clause if

(i) the tax does not discriminate against interstate commerce;

(ii) there is a substantial nexus between the activity taxed and the taxing state

(iii) the tax is fairly apportioned; and

(iv) the tax fairly relates to services or benefits provided by the state

a state generally may not discriminate against aliens absent a compelling state interest and no compelling interest is served by prohibiting aliens from teaching at a state university

A state generally may not discriminate against aliens absent a compelling state interest and no compelling interest is served by prohibiting aliens from teaching at a state university.

Why has the Supreme Court upheld state statutes prohibiting aliens from teaching primary or secondary school?

The Supreme Court upheld these statutes because teachers at this level have a significant influence on students' attitudes towards government, the political process, and citizenship.

Under the dying declaration exception to the hearsay rule, a statement made by a now-unavailable declarant while believing her death was imminent that concerns the cause or circumstances of what she believed to be her impending death is admissible (804(b). The declarant need not actually die as a result of the circumstances giving rise to her belief of imminent death.

Under the dying declaration exception to the hearsay rule, a statement made by a now-unavailable declarant while believing her death was imminent that concerns the cause or circumstances of what she believed to be her impending death is admissible (804(b). The declarant need not actually die as a result of the circumstances giving rise to her belief of imminent death.

Can any person familiar with an alleged speaker's voice authenticate a recording of the voice by giving an opinion as to its identity?

Yes, any person familiar with an alleged speaker's voice may authenticate a recording by giving an opinion on its identity.

The defendant must disclose the existence of the insurance policy under the Federal Rules, which expressly permit discovery of insurance agreements as an

initial disclosure

Under Article 2, when can a buyer declare a total breach of an installment contract?

A buyer may declare a total breach only if the defect substantially impairs the value of the entire contract.

What options does the beneficiary of a broken condition have under a contract?

The beneficiary can either terminate his liability or continue under the contract, being deemed to be waiving the condition.

What are the elements required for a claim of Trespass to Chattels?

(i) an act of defendant that interferes with plaintiff’s right of possession in the chattel

(ii) intent to perform the act bringing about the interference with the plaintiff’s right of possession

(iii) causation

(iv) damages

What must be done before a writing can be admitted as evidence in court?

Before a writing may be received in evidence, it must be authenticated by proof showing that the writing is what the proponent claims it is.

What is the authenticity of a document considered as in a trial?

The authenticity of a document is a preliminary fact to be decided by the jury.

A defendant may object to PJ in 2 ways:

(1) by raising it in a pre-answer motion to dismiss under R12(b) -or-

(2) if he has not moved under R12(b), by raising the defense in his answer

Failure to do so = PJ is waived

Under the former testimony exception to the hearsay rule, the testimony of a now unavailable witness given at another hearing is admissible in a subsequent trial as long as there is a

sufficient similarity of parties and issues so that the opportunity to develop testimony OR cross examine at the prior hearing was meaningful. Grand jury proceedings do not provide the opportunity for X-examination

Why is a physician's observations, opinions, and treatment discoverable in a legal case?

Because the physician developed opinions about the man's injuries for purposes other than litigation/trial.

Does a grand jury witness have a constitutional right to have counsel present when giving testimony before a grand jury?

No, a grand jury witness does not have a constitutional right to have counsel present during testimony.

May an indicted defendant have the indictment quashed on the grounds that it is based on illegally obtained evidence?

No

Who can testify to the authenticity of another person's signature?

Any person who has seen the signature and can express an opinion on its authenticity.

Can a nonexpert become familiar with the handwriting merely for the purpose of testifying?

No

FRE 413 provides that evidence of a defendant’s prior acts of sexual assault are admissible in a criminal case in which the defendant is accused of sexual assault, and may be considered on any matter to which it is relevant

Article II, Section 2 of the Constitution grants the President the power to grant reprieves and pardons for offenses against the United States. The pardon power is an

unqualified power. And not subject to the control by Congress.

Modern: An accessory after the fact is one who receives, relieves, comforts, or assists another knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction. Unlike an accomplice, an accessory after the fact has committed

a separate crime with a punishment unrelated to the felony committed

When a buyer accepts goods that turn out to be defective, he may recover as damages…

any loss resulting in the normal course of events from the breach. Which includes the difference between the value of the goods accepted and the value they would have ha dif they had been as warranted + incidental and consequential damages

Incidental damages resulting from the seller’s breach include:

expenses reasonably incurred by inspection, recepit, and transportation, care, and custody of goods rightfully rejected

Consequential damages resulting from the seller’s breach include:

Any loss resulting from general or particular requirements and needs of which the seller at the time of the contracting had reason to know and which would not reasonably be prevented by cover or otherwise, and injury to person or property proximately resulting from any breach of warranty.