Substantive Law & Legal Procedures Flashcards

Which doctrine prevents a party from asserting a position in litigation that is inconsistent with a position successfully taken in prior litigation?

Answer: Judicial estoppel

Judicial estoppel bars a party from taking a position in court that is clearly inconsistent with a position it successfully argued in a prior proceeding.

Under the Fair Debt Collection Practices Act (FDCPA), a debt collector who receives a written request from a consumer to cease contact must:

Answer: Cease all further communication except to notify the consumer of specific actions

Under 15 U.S.C. § 1692c(c), after receiving a written cease communication request, debt collectors may only contact the consumer to notify them of termination of collection efforts or to advise of specific legal action.

In workers' compensation law, the 'exclusive remedy' doctrine means that:

Answer: Workers' compensation benefits are the sole remedy against an employer for work-related injuries, barring most civil tort suits

The exclusive remedy doctrine of workers' compensation laws generally bars employees from suing their employer in tort for workplace injuries, limiting recovery to statutory benefits.

What is the primary purpose of a 'lis pendens' notice filed in a real estate transaction?

Answer: To notify potential purchasers that the property is subject to pending litigation that could affect title

A lis pendens (Latin for 'suit pending') is recorded to provide constructive notice to third parties that litigation involving the subject property is pending and that any interest they acquire may be bound by the outcome.

Under criminal law, which defense asserts that the defendant lacked the mental state required for the crime because of a mental disease or defect?

Answer: Insanity

The insanity defense argues that due to a mental disease or defect, the defendant either did not know the nature of their act or did not know it was wrong, negating criminal responsibility.

Which type of discovery device allows a party to require a non-party witness to produce documents or appear to testify?

Answer: Subpoena

A subpoena (subpoena duces tecum for documents, subpoena ad testificandum for testimony) is the mechanism used to compel non-party witnesses to produce documents or appear for testimony.

In real property law, which future interest is retained by a grantor who conveys a fee simple defeasible estate?

Answer: Possibility of reverter or right of entry, depending on the type of defeasible fee

A grantor who conveys a fee simple determinable retains a possibility of reverter, while a grantor who conveys a fee simple subject to condition subsequent retains a right of entry (power of termination).