2001 July Essays memo

God, I really need to go through crime elements and tort elements.

Q1 Civil Pro

• SMJ

FQ

Diversity of Citizenship

• nature person: domicile : physical and mental
• citizenship of corporate: state where incorporated/ PPB
  
• aggregate the claim: joint tortfeasors

• venue

all the Dd reside

cause of action

one of the Dd reside

• motion for change of venue
• personal jurisdiction
• final judgment rule
• interlucotory appeal

Q2 Real Property ( Artist went to London and sublease his place)

• sublease
• assign
• privity of K
• privity of estate: share common interest
• real covenant
• equitable servitude
• quiet enjoyment
• constructive eviction

Q3 Evidence(What objections can be raised?)

• Assume facts not in evidence ( =Argumentive?)
• lack of relevance
• lack of personal knowledge
• speculation
• questions call for a narrative
• hearsay
• present sense impression
• excited utterance
• opinion

Q4 Con Law(female priest)

Q5 Torts/PR(lawyer files frivolous suits for the client to help him getting custody)

• malicious prosecution

• use criminal procedure ( civil also, in many states)
  
• no probable cause to believe
  
• results favor for Dd
• causation
• damages
  

• abuse of process
• use process for a u purpose
  
• defamation

Q6 Wills/Trusts

• holographic
• Anti-lapse
• death before the will
• death after the will
• omitted child
• trust