127. A mere assertion of identity by a person talking on the telephone is not sufficient evidence of teh authenticity of the conversation. Some additional evidence is required to lay a foundation, such as the fact that the speaker discloses knowledge of facts known peculiarly to him.
128. A mortgage executed and recorded before any of teh leases were executed give mortgagee in possession superior rights to tenants; tenants all have junior leases.
129. Larceny is the trespassory taking and carying away of the personal property of another with intent to permanently deprive that person of the property. Larceny is a crime against possession. Watch out for bailees with possessory liens - they don't own the property but have a right to retain possession of the property until their bill is paid.
130. Larceny is a crime against rightful possession.
131. To be liable for assault, the defendant must commit a volitional, unauthorized act with intent to place another in apprehension of an imminent harmful or offensive touching with apparanet ability for the touching to occur.
132. A right to property acquired by adverse possession or by prescription is not subject to the requirements of the recording act in order to be valid.
133. Jeopardy does not attach to grand jury proceedings. Jeopardy attaches when the jury has been empaneled and sworn. Until there has been an actual criminal trial, no double jeopardy protection extends to grand jury proceedings. I'll take redundancy for $600, Alex.
134. The Privileges and Immunities Clause of Article IV, Section 2, prohibits discrimination against nonresidents as to basic rights like employment unless the state or local government can show that the discrimination is supported by a substantial government purpose.
135. F.R.E. 803(7) allows the use of records to prove absence of an entry in the records so long as the documents satisfy the requirements for records of a "regularly conducted activity": there must be a regular business practice to make such records; they must be made at or near the time of the event; and be made by a person with knowledge of the matters therein.
136. In lien theory states, there is a split in authority as to whether a mortgage executed by one joint tenant effects a severance of teh joint tenancy; one group holds that it does not, the other holds that it does but only to the extent necessary to protect the security interest of the mortgagee - even in these jurisdictions, if the mortgagor dies while the mortgage is outstanding, the surviving joint tenant takes the deceased mortgagor's interest by right of survivorship.
137. Where an employee receives property from a third party on behalf of her employer, the employee is generally considered to have received possession (as opposed to custody) of the property, except where the transaction is to be completed in the victim's presence or the property is placed in a receptacle. Thus, if the employee converts the property to her own use, she is guilty of embezzlement. Her initial possession is rightful, so there is no trespassory taking to support a larceny.
138. The owner of a lost object continues in "constructive possession" of it until it is found by someone. Thus, if the finder forms an intent to permanently deprive the owner at the moment the object is found, there is a sufficient trespassory taking to support a conviction for larceny. If there are sufficient clues to ownership, through which the true owner could be found via the exercise of reasonable diligence, the trespassory taking is larceny.
139. Generally, the lessor of real property is not liable for injuries resulting from conditions on the land. The lease is considered a transfer of all rights and responsibilities with regard to conditions on the land. There are a number of exceptions to this rule, however. One exception involves dangerous conditions existing at the time of the lease of property the lessor knows the lessee will be holding open to the general public. The interest in protecting the public is considered so important that the lessor continues to be liable. The intent is to motivate lessors to transfer property in safe condition.
140. Government action which has a religious purpose, a primary effect which either advances or inhibits religion, or would require excessive government entanglement with religiou will be struck down under the First Amendment Establishment Clause.
141. When a government action has a religious purpose, a primarily religious effect or excessively entangles the government with religion, the government action violates the Establishment Clause.
142. When a government regulation infringes on religious conduct, the govnerment must show that the government interest advanced by the regulation outweighs the burden on religious conduct.
143. The hearsay rule forbids evidence of out-of-court assertions offered to prove the facts asserted in them. Proof of utterances and statements may be made with an almost infinite variety of other purposes which do not rest for their value upon the veracity of the out-of-court declarant and hence they fall outside the hearsay classification. A few of the more common types of nonhearsay include (1) verbal acts; (2) statements offered to show effect on the hearer or reader; and (3) declarations offered to show circumstantially the feelings or state of mind of the declarant.
144. Under the Best Evidence Rule (also known as the original document rule) in proving the terms of a writing, where the terms are material, the original must be produced unless unavailable for some reason other than the serious fault of the proponent. Note that "writing," within the meaning of this rule, means handwriting, typewriting, printing, photostating, photographing and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds or symbols.
145. The owner of a servient estate is not permitted to obstruct or otherwise interfere with the owner of the dominant estate's reasonable use of the easement.
146. The scope of an express easement is determined by the grant of easement and will be strictly enforced. Subsequent changes in the land or the needs of the parties will, in general, not alter the scope of the original rights described in the conveyance.
147. Easement rights may be acquired by adverse possession, or more accurately, by adverse use. So long as the mental (hostile), physical (actual, open and notorious) and time (continuous for a statutory period) elements are satisfied, a use of property can establish a right by prescription in the same sense that an adverse possession can establish ownership.
148. A conspiracy exists when two or more persons agree or combine together for an unlawful purpose. The agreement may be tacit, that is, may be evidenced by conduct without any explicity expression of agreement.
149. In order to be guilty of attempt, the defendant must have the specific intent to commit the target crime. In attempted murder situations, the examiners interpret this to mean that teh defendant is liable only as to teh person she intended to kill, even though an unintended victim may suffer the effect of the attempt, including full-fledged bone collection.
150. People ask for unlisted telephone numbers because they wish to maintain some level of personal privacy. Really.
151. A person is privileged to defend a third person from harmful or offensive contact under the same conditions and by the same means by which he is privileged to defend himself.
152. A bystander can recover for intentional infliction of emotional distress under very limited circumstances. Generally, the bystander must witness an intentional tort leading to a physical injury of a close family member. In addition, the violent actor must know that the bystander is present.
151.
OK- I read the first 4.
Posted by: Michelle | Monday, May 18, 2009 at 05:12 PM