Contracts:

Latent Amguity

Evidence:

medical expenses

Torts:

Vicarious Liability

Crim Pro:

Miranda Right to Counsel and Interrogation

Where the suspect invokes his right to counsel, all interrogation must stop UNTIL counsel is present. 

Interrogation includes any words or actions by the police that the police know or should know are likely to produce an incriminating response.

Contracts:

Merger Doctrine

Under the doctrine of merger, the contract merges into the deed, and the terms of the contract are meaningless. 

That is, the terms of the DEED will control, not the contract.

Evidence:

Opinion Testimony

A lay person's opinion is iadmissible if it is:

Rationally based on the perception of the witness

Helpful to a clear understanding of the witness's testimony on the determination of fact in issue

NOT based on scientific/technical/specialized knowledge

Criminal Law:

Conspiracy Elements

(1) Intent to Commit the underlying crime

(2) meeting of the minds or agreement between two or more persons

(3) Some JX require an overt act in furtherance of the conspiracy

Criminal Law:

Defense of Others and deadly force

Deadly force in defense of others is acceptable if the other is being threatened with serious bodily harm

Evidence:

Best Evidence Rule

Generally, this is a wrong answer choice UNLESS

Where the Plaintiff testified that there was a written agreement, to prove its terms she would be required to produce the written agreement or explain its absence

Evidence:

Authentication

Lay opinion testimony is permissible and often essential to identify telephone voices and handwriting. 

Any lay witness whop is familiar with the signature of a person may testify as to his opinion as to its genuineness. 

Foundation must first be laid to show familiarity with the handwriting. - The lay witness may testify in support of, or against, the genuineness.

Constitutional Law

Equal Protection and the Poor

A membership privilege is not a significant enough deprivation to implicate the Equal Protection Clause.

Only the denial of particularity important rights (such as marriage license) to those unable to pay for them has been held to violate EP.

Constitutional Law

Establishment Clause

1A prohibits laws respecting the establishment of religion. Government action that does not contain a sect preference will pass muster under the Establishment Clause if it:

(1) has a SECULAR PURPOSE

(2) its primary EFFECT neither advances nor inhibits religion AND

(3) does not require excessive government ENTANGLEMENT with religion.

Contracts

Condition Precedent: Complete and Utter Satisfaction

The promise only to purchase if complete and utter satisfaction is NOT illusory because she has to exercise her right of rejection in good faith.

Torts:

Scope to Protect Property

One may use reasonable force to prevent the commission of a tort against one's property, real or personal.

Force that will cause death or serious bodily harm may not be used. That means indirect deadly force may not be used when such force could not lawfully be directly used. 

Property 

License

A license is a privilege to enter onto another's property. It may be revoked at any time merely by a manifestation of the licensor's intent to end it. 

A tenant at sufferance, recall, is entitled to statutory notice (in question)

Torts

Manufacturer and SL/failure to warn

Courts in a strict liability case require a commercial supplier to anticipate reasonably foreseeable uses even if they are misuses of the product. 

Thus, if a manufacture knows that the public sometimes does X with a product, marketing X without warnings against the practice or instructions to do X safely make the product DEFECTIVE.

Property

Easements and Abandonment Rule

Easements are presumed to be of perpetual duration, and mere nonuse is not enough to constitute termination by abandonment.

To abandon, the easement holder must demonstrate by physical action an intent to permanently abandon the easement.

Criminal law

Self Defense Rule

NOTE: use of a deadly weapon in the commission of a battery elevates the crime to aggravated battery.

Rule: A person must REASONABLY believe that he is faced with imminent death or great bodily harm to use deadly force. 

While a contract may not specify the quality of title, the law implies a marketable title is to be conveyed

A title based on Adverse Possession is NOT marketable (although it may be good)

Once a buyer accepts a deed, however, the doctrine of merger comes into play and the K merges into the deed. Any K provisions for quality of title, express or implied, are no longer effective.

Criminal Law

False Imprisonment

Constitutional Law

13th Amendment

The 13A simply provides that neither slavery nor involuntary servitude shall exist within the US and gives Congress the power to adopt appropriate legislation to enforce the proscription. 

Amendment is NOT limited to proscribing state action, thus Congress may adopt legislation regulating PRIVATE parties.

Criminal Law

Self Defense

One may act in self defense not only where there is a real danger but also where there is a reasonable appearance of danger. 

This is an objective test - the use of deadly force is allowed only if a reasonable person would have acted similarly under those circumstances.