Mixed Deck — All Legal - Attorneys Topics Flashcards

Which hearsay exception requires that the declarant be unavailable?

Answer: Statement against interest

Statements against interest fall under FRE 804(b)(3), which requires unavailability.

In a jury trial, jeopardy attaches when:

Answer: The jury is empaneled and sworn

Under Crist v. Bretz, jeopardy attaches in a jury trial once the jury is empaneled and sworn.

Under FRE 615, which person may NOT be excluded from the courtroom upon a party's request to sequester witnesses?

Answer: A party who is a natural person

FRE 615 exempts a party who is a natural person, an entity's designated representative, essential persons, and persons authorized by statute.

Which best describes the scope of Civil Procedure & Litigation in professional practice?

Answer: A comprehensive area covering both theoretical foundations and practical applications

Civil Procedure & Litigation encompasses both theoretical foundations and practical applications that are essential to professional practice in this field.

Under the traditional common law rule against perpetuities, an interest in property is void unless it must vest, if at all, within what time period?

Answer: A life in being at creation of the interest plus 21 years

The common law rule against perpetuities voids any contingent future interest that might vest beyond a life in being at the creation of the interest plus 21 years.

A director buys company shares on January 10 and sells them at a profit on May 20 of the same year, without using any inside information. Under Section 16(b), the director:

Answer: Must disgorge the profit to the corporation

Section 16(b) imposes strict liability on directors, officers, and >10% holders for short-swing profits from matching trades within six months.

A defendant whose own speech is unprotected challenges a statute as overbroad. To succeed, the defendant must show the statute:

Answer: Prohibits a substantial amount of protected speech relative to its legitimate sweep

Overbreadth permits facial invalidation only when the law's unconstitutional applications are substantial relative to its plainly legitimate sweep.

What is the appropriate action when discovering a colleague has violated professional standards?

Answer: Report through proper channels as outlined in the code of ethics

Professional standards require reporting violations through proper channels to protect the public and maintain the integrity of the profession.

Which best describes a private nuisance?

Answer: A substantial and unreasonable interference with another's use and enjoyment of land

Private nuisance requires a substantial and unreasonable interference with a possessor's use and enjoyment of land, judged by a normal person's standard.

A defendant lies to a seller about his creditworthiness and obtains title to a car. What crime has he most likely committed?

Answer: False pretenses

False pretenses involves obtaining title, not just possession, through a knowing misrepresentation of fact.

Under UIFSA, the state that issued a child support order retains continuing, exclusive jurisdiction to modify it as long as:

Answer: The obligor, the obligee, or the child continues to reside in the issuing state

UIFSA keeps modification jurisdiction in the issuing state while the obligor, individual obligee, or child still lives there, unless the parties consent otherwise.

Merchant A sends Merchant B a signed written confirmation of an oral sale of goods. B has reason to know what it says. To keep the statute of frauds defense, B must send written notice objecting within:

Answer: 10 days

Under the merchant's confirmation rule, the writing satisfies the statute against the recipient unless they object in writing within 10 days.

A defendant who timely waives service under Rule 4(d) within the United States has how long to answer, measured from when the waiver request was sent?

Answer: 60 days

Rule 12(a)(1)(A)(ii) gives 60 days from when the request was sent as an incentive to waive.

Gail builds a fence one foot onto Hal's land, reasonably and honestly believing the land is hers based on an old survey. Hal sues for trespass to land. What is the best outcome?

Answer: Gail is liable because she intended to enter that land, and mistake is no defense

Trespass to land requires only intent to enter the land, so a good-faith mistake about ownership is not a defense, and damages are presumed.

California limited welfare benefits for new residents during their first year to the amount paid in their prior state. Under Saenz v. Roe, the law:

Answer: Violates the right to travel protected by the Fourteenth Amendment Privileges or Immunities Clause

Saenz held that durational residency limits on benefits violate new citizens' right to be treated equally, grounded in the Privileges or Immunities Clause.

A state military college admits only men. Under United States v. Virginia, the state must demonstrate:

Answer: An exceedingly persuasive justification substantially related to important objectives

Gender classifications receive intermediate scrutiny requiring an 'exceedingly persuasive justification,' as held in the VMI case.

Which best describes the scope of Business Organizations & Corporate Law in professional practice?

Answer: A comprehensive area covering both theoretical foundations and practical applications

Business Organizations & Corporate Law encompasses both theoretical foundations and practical applications that are essential to professional practice in this field.

A citizen sues her own state in federal court over an ongoing violation of federal law. Absent waiver or valid abrogation, what relief may she obtain?

Answer: Prospective injunctive relief against the responsible state official

Ex parte Young permits suits against state officials for prospective injunctive relief, while state sovereign immunity bars retroactive monetary relief from the treasury.

In Shelby County v. Holder (2013), the Supreme Court held unconstitutional which part of the Voting Rights Act?

Answer: Section 4(b)'s coverage formula

Shelby County struck down the Section 4(b) coverage formula as based on outdated data, leaving Section 5 without operative effect.

Expectation damages are designed to:

Answer: Put the plaintiff in the position they would have been in if the contract had been performed

Expectation damages give the non-breaching party the benefit of the bargain.