Term
| Relevant evidence - balancing against prejudice |
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Definition
| PCDS: 1.DANGER OF UNFAIR PREJUDICE; 2. CONFUSION CREATED; 3. CREATE UNDUE DELAY; 4. SURPRISE |
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Term
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Definition
| NOT UNLESS RELEVANT IN CIVIL CASES; AND THEN LIMITED TO CRIMES INVOLVING DISHONESTY; CRIMINAL: PRIOR SEXUAL OFFENSES ADMISSIBLE; COMMON SCHEME OR PLAN; REBUT ACCIDENT DEFENSE; LOCATION; PRIOR DOMESTIC VIOLENCE; (ALL SUBJECT TO BALANCING TEST) IF D INTRODUCES EVIDENCE OF GOOD CHARACTER, THEN LIMITED TO REPUTATION IN COMMUNITY FOR TRUTH AND VERACITY. CAN BE USED FOR IMPEACHMENT PURPOSES, OTHER RULES. |
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Term
| HABIT OR ROUTINE PRACTICE |
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Definition
| IS ADMISSIBLE TO SHOW LIKELY COMPLIANCE |
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Term
| SUBSEQUENT REMEDIAL MEASURES |
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Definition
| GENERALLY INADMISSIBLE; BUT OK TO SHOW OWNERSHIP; CONTROL OR FEASIBILITY, BUT ONLY IF THE ISSUE IS DISPUTED. |
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Term
| WAIVER OF ATTY CLIENT PRIV |
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Definition
| 1. WNEN CLIENT CALLS ATTY AS A WITNESS; 2. WHEN CLIENT CHOOSES TO TESTIFY AS TO PRIVILEGED COMMUNICATIONS; 3. WHEN CLIENT HAS OPPORTUNITY TO ASSERT PRIV AND DOES NOT; WHEN CLIENT PLACES CONFIDENTAL INFORMATION AT ISSUE |
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Term
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Definition
| applies to RDP; lack of marriage licence would not defeat priv. |
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Term
| evidence - privilege gen rules |
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Definition
| Relationship; confidentiality expectation; holder may waive; strictly construed; subject to exceptions |
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Term
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Definition
| Accountant; Parent - child - priest whose religion does NOT encompass confessional aspect of priest's role. |
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Term
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Definition
| CHILD UNDER 4, PRESUMED NOT (CT WIL FOCUS ON CHILD'S UNDERSTANDING OF BOLIGATION TO TELL TRUTH AND ABILITY RO REMEMBER AND SPEAK ACCURATELY; UNSOUND MIND - UNDERSTAND THE NATRUE OF THE OATH ANC CAN GIVE AN ACCURATE ACCOUNT OF WHAT SHE HAS SEEN AND HEARD; ALCOHOL OR DRUGS - NOT IF UNDER INFLUENCE AT TIME OF TRIAL; BUT OK IF WAS AT TIME TESTIFYING ABOUT (GOES TO CREDITIBILITY, WHICH IS JURY QUES) |
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Term
| BIAS OR PREJUDICE OF WITNESS; REPUTATION FOR TRUTHFULNESS |
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Definition
| ADMISSIBLE FOR IMPEACHMENT PURPOSES; GEN REP FOR TRUTHFULNESS ADMISSIBLE |
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Term
| **OPINION OF LAY WITNESS ON ULTIMATE ISSUE |
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Definition
| NOT ADMISSIBLE; BUT OK IF IT IS OPINION ON FACT (D HAD BEEN DRINKING) THAT EMBRACES ULTIMATE ISSUE. |
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Term
| HEARSAY; STATMENTS THAT ARE NOT - OFTEN ONLY WHEN USED AGAINST PARTY MAKING STATEMENT |
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Definition
| PRIOR STATEMENTS BY WITNESS; ADMISSION BY PARTY OPPONENT; (DECEDENT AGAINST ESTATE); PARTY'S AGENT,CO-CONSPIRITOR |
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Term
| EVIDENCE HEARSAY, DECLARANT AVAILABLE/UNAVAILABLE |
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Definition
| IMMATERIAL FOR PRESENT SENSE IMPRESSION (STATEMENT MADE AFTER JUST HANGING UP FROM A PHONE CALL); EXCITED UTTERENCE; STATE OF MIND; STATEMENTS MADE FOR MEDICAL TREATMENT; PAST RECOLLECTION RECORDED (PIFAT); BUSINESS RECORDS (ABC-APR-CQ); ABSENSE OF BUSINESS RECORD; PUBLIC RECORDS; |
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Term
| HEARSAY EXCEPTIONS; DECLARANT UNAVAILABLE. |
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Definition
INCLUDES UNAVAILABILITY DUE TO: PRIVILEGE, REFUSAL TO TESTIFY, LACK OF MEMORY, DEATH OR INFIRMITY, ABSENT AND PROPONENT UNABLE TO PROCURE ATTENDANCE; EXCEPTION: DECLARANT NOT UNAVAILABLE IF ABSENSE IS DUE TO THE PROPONENT'S ACTIONS (FLYING WITNESS OUT OF COUNTRY)
FBI: FORMER TESTIMONY; BELIEF IN IMPENDING DEATH; STATEMENT AGAINST INTEREST. |
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Term
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Definition
| NOT EXCLUEDED IF EACH PART IS ADMISSIBLE (POLICE REPORT OF ACCIDENT - ADMISSIBLE - BUSINESS RECORDS; STATEMENTS UNDER ADMISSION; EXCITED UTTERENCES; STATEMENTS AGAINST INTEREST) |
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Term
| ARGUMENT AGAINST ALLOWING HEARSAY EXCEPTION |
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Definition
| IRRLEVANT, UNFAIRLY PREJUDICAL, NEEDLESS PRESENTATION OF CUMULATIVE EVIDENCE (RULE 403) |
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Term
| non expert on handwriting |
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Definition
| OK based upon familiarity acquired PRIOR to litigation (family member) |
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Term
| Records acquired from opposing party |
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Definition
| still have to meet the business records, except authentication; or statement against interest (?) |
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Term
| Best evidence and photocopies |
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Definition
| photocopies OK; but if none available and no original; witness can testify about the document. |
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Term
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Definition
| SERF ELEMENTS MUST BE PRESENT: STANDING, EXHAUSTION, RIPENESS, FINALITY |
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Term
| LAND SALE KT (EARNEST MONEY AGREEMENT) |
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Definition
| LEGAL DESCRIPTION; SIGNED BY BOTH PARTIES (h&w-/CP), TERMS, DISPOSITION OF E.M. -- FORM 17 MUST ACCOMPANY (RESIDENTIAL ONLY)- |
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Term
| BARGAIN AND SALE DEED (SPECIAL WARRANTY DEED) |
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Definition
| ONLY WARRANTS THAT SELLER (NOT PRIOR TRANSFERORS) HAS NOT BREACHED ANY OF THE WARRANTIES IN THE WARRANTY (TAFED) DEED. |
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Term
| REAL PROPERTY SALE - RISK OF LOSS |
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Definition
| RISK OF LOSS TRANSFERS AT CLOSING? (REAL KT OF SALE HAS INSURANCE PROVISION) |
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Term
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Definition
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Term
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Definition
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Term
| COMMERCIAL LL RIGHT TO ENTER |
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Definition
| TO INSPECT, REPAIR OR SHOW PROSPECTIVE TENANTS - MUST BE REASONABLE AND AFTER PRIOR NOTICE TO TEN |
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Term
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Definition
| LL DOES NOT COMPLY WITH COVENANTS MADE IN LEASE; DUTY TO REPAIR; ETC; ENTERING WITHOUT NOTICE (UNLESS NOT OBJECTED TO). TEN CAN SUE FOR DAMAGES AND TERMINATE LEASE. |
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Term
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Definition
| GARBAGE, SEWER, TAXES, TEN PAYS FOR METERED SERVICE, GAS, ELECTRICITY, WATER, IF METERED. |
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Term
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Definition
| MAY MAKE REASONABLE RULES; 30 DAY NOTICE FOR NEW RULES; LL CAN WAIVE BY ACCEPTING RENT WITH KNOWLEDGE OF VIOLATION. |
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Term
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Definition
| OBEY LAWS; CLEAN; DAMAGE PROPERTY; NUISANCE; WITHHOLD CONSENT OF LL TO ENTER AFTER 2 DAY NOTICE; T MUST BE REASONABLE IN LETTING LL HAVE ACCESS; LL CANNOT HARASS; ($100 PENALTY PER VIOLATION) |
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Term
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Definition
| NOT RETALIATE; NOT LOCK OUT; GIVE 3 DAY NOTICE BEFORE COMMENCING DETAINER; PROVIDE LOCKS AND KEYS (DEADBOLT); KEEP PREM HABITABLE AND IN CONFORMANCE WITH STATE AND LOCAL REGS; IF CONDEMNATION, PAY UP TO $2000 IN RELOCATION ASSISTANCE OR 3 X MONTHS RENT, IF HIGHER. |
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Term
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Definition
| AFTER WRITTEN NOTICE BY T - 24 HRS WATER, HEAT ELECT, OR HAZARD; 72 APPLIANCES AND PLUMBING; 10 DAYS IN ALL OTHER CASES, (NO DUTY IF DAMAGE CAUSED BY T) |
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Term
| RLTA - RENT ACCELERATION ON BREACH BY T |
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Definition
| NOT ALLOWED, HAS TO WAIT UNTIL EACH MONTH HAS PASSED, CL DUTY TO REASONABLY MITIGATE. |
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Term
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Definition
| FOR BAILOR - GROSS NEGL; FOR BAILEE, HIGHER STANDARD THAN NEGL; FOR MUTUAL BEN, ORDINARY CARE; PROFESSIONAL BAILEE, REBUTTABLE PRESUMPTION OF NEGL IF THERE IS DAMAGE (EXCEPTION FOR SELF PARK GARAGES). |
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Term
| ATTEMPTS TO RESTRICT TRANSFER OF LAND |
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Definition
| "RESTRAINT ON ALIENATION" == REVERTS BACK TO GRANTOR IF ATTEMPTS TO TRANSFER = INVALID, GRANTEE GETS FEE SIMPLE. |
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Term
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Definition
| UNDISCLOSED PPL; INCAPACITATED; OR HE MISREPRESENTS SCOPE OF AUTHORITY; ALSO WHEN AGENT SAYS HE IS ACTING FOR PPL BUT DOES NOT DISCLOSE WHO. |
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Term
| THRESHOLD AGENCY QUESTION |
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Definition
| WAS AGENT ACTING AS INDEPENDENT CONTRACTOR OR EMPLOYEE? |
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Term
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Definition
| PPL MUST NOTIFY THOSE AGENT WAS DEALING WITH THAT AGENT TERMINATED - WATCH FOR AGENT COLLECTING FUNDS FROM 3RD PARTY. |
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Term
| PTNSP - CREDITOR GOING AFTER PROPERTY IN NAME OF INDIVIDUAL PTNR |
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Definition
| IT WOULD BE LIABLE AFTER PARTNERSHIP ASSETS EXHAUSTED, BUT WAS IT BOUGHT WITH PTNSHP ASSETS? |
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Term
| SALE OF PARTNERSHIP ASSETS BY PARTNER |
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Definition
| IF NOT PROHIBTED IN PTNSERSHP AGMT, OK, IF NOT AUTHORIZED BY WRITTEN PTNSERSHP AGREEMENT (ORAL?); PTNSHP CAN RECOVER FROM THIRD PARTY IF KNEW ABOUT LIMITATION, BUT NOT FROM SUBSEQUENT BFP |
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