FUCK BAR SURVEY

What are the three methods of Service of Process mentioned in the lecture notes?

1. Personally serving the defendant, 2) Leaving the summons and complaint with a suitable person at the defendant’s abode, 3) Serving an agent designated by law.

What is a 'bona fide purchaser'?

A subsequent bona fide purchaser gives valuable consideration and has no notice of the prior instrument.

Under what circumstances does the police have the authority to search a vehicle?

If they find probable cause to believe it contains contraband, fruits, or instrumentalities of a crime.

What are the requirements for a statement to qualify as a 'dying declaration'?

1. Declarant believes death is imminent, 2) Statement relates to the circumstances of impending death, 3) Declarant is unavailable.

What are the three requirements for the government to regulate speech in public forums?

1. Content neutral, 2) Narrowly tailored to serve an important governmental interest, 3) Leave alternate avenues of expression.

What is the effect of assigning contract rights based on privity of contract?

An assignor's rights are transferred to the assignee, who stands in the shoes of the assignor.

What must happen for a plaintiff to obtain a judgment lien under a recording statute?

The plaintiff must record the judgment to protect their interest.

What does the Equal Protection Clause require concerning classifications based on alienage?

Such classifications must be narrowly tailored to promote a compelling state interest.

What are the four unities required for a Joint Tenancy with Right of Survivorship (JTWROS)?

Possession, Time, Title, and Interest.

What is required for a plaintiff to dismiss a case without prejudice?

The defendant must not have filed an answer or motion for summary judgment.

What type of evidence is generally inadmissible when a person is charged with a crime?

Extrinsic evidence of their other crimes or misconduct is inadmissible if offered solely to establish criminal disposition.

What is the definition of 'proximate cause' in tort law?

Proximate cause largely turns on the idea of foreseeability.

What distinguishes a plaintiff who has a judgment lien on joint tenants?

They do not have a lien over the interests of other joint tenants unless they sever joint tenancy and enforce the lien.

What are the requirements for informal impeachment of a witness?

Impeachment can be done through reputation or opinion testimony, or specific instances of conduct.

What is the legal status of character evidence in court?

Character evidence is generally inadmissible, but can be offered through reputation/opinion or specific instances of conduct.

What happens when a non-resident commits a tort within a state?

The state's long arm statute grants the court specific jurisdiction over the non-resident for related claims.

What indicates a motion for summary judgment (MSJ) is appropriate?

When the non-moving party fails to demonstrate a genuine issue of material fact for trial.

What are the two types of damages a provision for liquidated damages does not preclude?

Other types of damages.

What is the definition of a 'novation' in contract law?

A novation occurs when an obligee explicitly agrees to accept the delegate's performance in full substitution for that of the delegator.

What is an accomplice in a criminal context?

An accomplice is a person who aids or encourages another in the commission of a crime and is liable for the principal crime.

How may a plaintiff enforce a judgment lien against a joint tenant?

By foreclosing on the lien through severing joint tenancy and collecting from the proceeds of the sale.

Under what circumstances can evidence relating to the beliefs or opinions of a witness on religion be admissible?

If it shows bias or motive.

What is the implication of taking property 'subject to' a mortgage?

The mortgagor remains personally liable; however, the property can still be lost through foreclosure if the mortgage is not paid.

When is a motion for judgment as a matter of law appropriate?

When a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.

What defines the curtilage of a property?

1. Proximity to the house, 2) Enclosure or lack thereof, 3) Nature of use, 4) Steps taken to avoid detection.

In the context of the FRCP, what is 'impleader'?

It occurs when a defendant joins a third party to the case.

What is a requirement for the admissibility of a declarant's statement as a 'business record' exception to hearsay?

It must pertain to acts, events, conditions, or diagnoses made at or near the time by someone with knowledge and kept in the regular course of business.

What is the significance of the 'speech and debate clause' in the US Constitution?

It provides immunity from prosecution for anything said during the federal legislative process.

How does the FRCP handle the assignment of contractual duties?

Generally, all contractual duties may be delegated, but the delegator remains liable for the delegate's performance.

What constitutes the circumstances under which evidence of other crimes may be admissible?

To show motive, intent, absence of mistake, identification, common plan or scheme, or opportunity.

Under what conditions can evidence of a witness's prior inconsistent statements be admitted?

If the witness is given an opportunity to explain or deny the statement, and the opposing party has the chance to examine the witness.

What does it mean for a dismissal to be ‘with prejudice’?

It means the same claim cannot be brought again, constituting an adjudication on the merits.

How is 'constructive notice' relevant in property law?

It refers to what a buyer should know based on the inspection of the property, impacting their claim in title race issues.

What is the effect of a lessor's failure to disclose defects in a lease property?

The lessor becomes liable for any injury resulting from undisclosed defects.

How is the admissibility of evidence affected by a question of foundation?

There is no foundation requirement for impeachment of a witness through sensory defects.

What is the standard for a court to grant a motion to transfer venue?

A motion to transfer venue is more likely granted than a dismissal for forum non conveniens.

What is the timeline for filing a motion for summary judgment after the close of discovery?

MSJ can be filed up to 30 days after the close of discovery.