Tricky issues

Question 1

When is evidence of a conviction for a crime of dishonesty of more than 10 years ago admissible?

Answer 1

Only if:

1. Probative value substantially outweighs prejudicial effect (reverse 403), and
2. Reasonable notice given

Question 2

When is evidence of a conviction for a crime of dishonesty of less than 10 years ago admissible?

Answer 2

At any time

Question 3

When is evidence of a conviction for a felony of less than 10 years ago admissible against a criminal defendant?

Answer 3

Only if the probative value outweighs prejudicial effect

Question 4

When is evidence of a conviction for a felony of less than 10 years ago admissible against a non-criminal witness?

Answer 4

Only if the probative value is substantially outweighed by the prejudicial effect (403)

Question 5

What four factors are evaluated to determine whether something is curtilage?

Answer 5

1. Proximity to home;
2. Enclosed;
3. Nature of uses; and
4. Steps taken to keep private

Question 6

When can evidence about a victim’s sexual conduct or predisposition be admitted in a civil case?

Answer 6

After an in camera hearing, if the probative value of the evidence substantially outweighs the danger of harm to the victim AND unfair prejudice to any party (reverse 403)

Question 7

When is an inventory search permissible?

Answer 7

When:

1. Police have lawful possession of the vehicle; and
2. Have acted in accordance with a reasonable, standard policy of routinely securing and inventorying contents

Question 8

What are the elements of forgery?

Answer 8

1. Making a false writing of apparent legal significance;

2. with the specific intent to defraud

Question 9

If a criminal statute is silent, what is the default mental state read into the statute under the MPC?

Answer 9

Recklessness

Question 10

Do detainees have the right to file habeas corpus petitions?

Answer 10

Yes, including aliens, unless the privilege is suspended

Question 11

If a Taking is in response to a public peril, does the government have to provide just compensation?

Answer 11

No

Question 12

Can the government favor religious interests over nonreligious interests?

Answer 12

No

Question 13

Do students have a right to a hearing for academic dismissal?

Answer 13

No

Question 14

Does the Fourteenth Amendment’s Privileges & Immunities Clause apply to the federal government?

Answer 14

No, it only prohibits state–not federal–action that denies natural persons P&I of national citizenship

Question 15

Does Article IV’s Comity Clause (Privileges & Immunities Clause) apply to the federal government?

Answer 15

No, it only prohibits state–not federal–action discriminating against natural or corporate persons of another state

Question 16

What factors are relevant to determining whether a defendant has been deprived of his post-accusation right to a speedy trial?

Answer 16

(i) the length of the delay;
(ii) the reason for the delay;
(iii) the defendant’s assertion of a right to a speedy trial; and
(iv) the prejudice to the defendant resulting from the delay.

Question 17

How many days between custody must police wait to re-open interrogation of a suspect who invokes his Fifth Amendment right to counsel?

Answer 17

14 days or more

Question 18

What are examples of structural errors requiring mandatory reversal of a criminal trial?

Answer 18

1. Biased judge;
2. Deprivation of right to counsel;
3. Guilty plea entered over D’s objection;
4. Batson;
5. Exclusion of D from courtroom during trial;
6. Denial of public trial or jury trial; or
7. Improper instructions on burden of proof

Question 19

Can federal courts apply federal common law in diversity suits that is in conflict with state law?

Answer 19

No, unless there are prevailing federal interests

Question 20

Can a defendant’s answer generally deny all allegations in a complaint?

Answer 20

Yes, if done in good faith

Question 21

How many days after disposition of a pre-answer Rule 12 MTD does the defendant have to file an answer?

Answer 21

14 days

Question 22

Is additur permitted in federal court?

Answer 22

No, a court cannot increase damages awarded by a jury because it violates the Seventh Amendment right to a jury trial

Question 23

How many days after a Rule 26(f) discovery conference must the parties make initial disclosures?

Answer 23

Within 14 days, unless the parties otherwise agree

Question 24

How many days after service of an amended complaint does the D have to file an answer?

Answer 24

within the later of 14 days or the responsive time to the original pleading (21 days)

Question 25

What is the Wharton Rule?

Answer 25

A conspiracy must have more parties than are necessary to complete the crime

Question 26

Does a mortgage include improvements to the property?

Answer 26

Yes, generally so

Question 27

When are restrictions in the recorded declarations of common-interest ownership communities unenforceable?

Answer 27

When illegal, unconstitutional, or against public policy

Question 28

When are rules adopted by a condominium board unenforceable?

Answer 28

When unreasonable

Question 29

Under the mailbox rule, if both a rejection and acceptance are sent, which one controls?

Answer 29

The first one received by the offeror

Question 30

If someone agrees to perform for under market value and the other party breaches, are restitution damages available?

Answer 30

Yes, because otherwise the breaching party could benefit from breach

Question 31

How can an implied warranty of fitness for a particular purpose be waived?

Answer 31

Only if the disclaimer is in writing and conspicuous

Question 32

When does a taxpayer have standing for violation of the Establishment Clause?

Answer 32

When it is an appropriation, not a tax credit

Question 33

Must a court take judicial notice if a party requests it?

Answer 33

Yes, if it judicial notice would be appropriate

Question 34

Are the owners of wild animals strictly liable to trespassers?

Answer 34

No, except for injuries caused by a vicious watchdog

Question 35

Is a license or permit to engage in business a property interest under the Due Process clause of the Fourteenth Amendment?

Answer 35

Yes, if it can only be terminated or suspended for cause

Question 36

What standard governs whether to grant a Rule 59(a) motion for a new trial?

Answer 36

Whether the jury's verdict is contrary to the great weight of the evidence and setting it aside is necessary to prevent injustice