Bar 7

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Bar 7
2011-07-13 04:13:00

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  1. Commerce Clause
    • Congress has plenary power to regulate interstate and foreign commerce.
    • Limited to rational relation to regulations on:
    • 1) Channels,
    • 2) Instrumentaties, AND
    • 3) Any person, thing, or activity w/ substantial affects on interstate commerce
  2. Advisory Opinions
    May not be issued by federals courts.
  3. Due Process requires a Prior Evidentiary Hearing...
    • Determined by weighing:
    • 1) the importance of the individual rights involved,
    • 2) the value of specific procedural safeguards to that interest, AND
    • 3) the governmental interest in efficiency.
  4. Surety Agreement
    • Agreement to answer the debts of another.
    • Subject to S/F UNLESS main purpose is to benefit self.
  5. Delivery of Deed
    • Rebuttable resumption of delivery if:
    • 1) Lawful Execution, AND
    • 2) Intent
    • Physical delivery not req'd
  6. Constitutional Test for Personal Jurisdiction
    My Parents Frequently Forgot to Read Children's Stories

    • Minimum Contacts
    • Purposeful Availment
    • Foreseeability
    • Fair Play and Substantial Justice
    • Relatedness of Contact and Claim
    • Convenience
    • State's Interest
  7. Forms of Impeachment
    • Prior Inconsistent Statements - EE ADM W opp
    • Bias
    • Prior Criminal Convictions - Truthfulness ADM, Misd INADM, Fel ADM subj to bal
    • Prior Bad Acts - EE INADM
    • Reputation or Opinions - EE ADM
  8. Class Actions
    • Commonality
    • Adequate and Fair Representation
    • Numerosity
    • Typicality
  9. Res Judicata
    • Reqs:
    • Valid and Final Judgement
    • On the Merits
    • Same Party
    • Same Claim
    • Was actually litigated
  10. Ad Valorem Tax
    A property tax based on a percentage of the assessed value of the property.
  11. State Taxation on Interstate Commerce
    • Discriminatory state taxes prohibited unless authorized by Congress.
    • Non-discriminatory state taxes on allowed if:
    • 1) taxed activity has substantial nexus to the state,
    • 2) tax is fairly apportioned, AND
    • 3) tax is fairly related to services/benefits provided by state.
  12. Property Clause
    Congress has power to dispose of and make rules for property and territories belonging to the US.

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