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Documents > Law School Outlines
sammyc2007 2/4/2008 | 0 (0) | 163 | 8 | 0 | English
Criminal Law Check List Actus Reas: Voluntary Act, omission Mens Rea: Mental State Common Law: Specific Intent (has future purpose/actual knowledge) Or General Intent (aware of conduct but no desire/purpose to bring about new circumstances MPC: Purpose: Conscious objective/desire as to conduct & result, awareness/belief as to circumstance Knowledge ... more>>
sammyc2007 2/4/2008 | 0 (0) | 165 | 8 | 0 | English
PART A: INTRODUCTORY NOTIONS AND BACKGROUND TO INTERNATIONAL HUMAN RIGHTS MOVEMENT 1. HUMAN RIGHTS CONCEPTS AND DISCOURSE A. GLOBAL SNAPSHOTS ? In seeking to describe HR problems, most newspaper articles stress the broad political, social, economic or military context. As in responses to many of today's deepest and gravest human rights problems, th ... more>>
sammyc2007 2/4/2008 | 0 (0) | 114 | 4 | 0 | English
Strict Scrutiny: (triggered by racial classification or infringement of fundamental rights) - Is the state enactment supported by a compelling governmental interest w/a statute that is narrowly tailored to serve that interest (w/no other less discriminatory alternative) - Facially Discriminatory statutes automatically trigger strict scrutiny - Equa ... more>>
sammyc2007 2/4/2008 | 0 (0) | 222 | 8 | 0 | English
Civil Procedure Basic Joinder 13(a) Compulsory C/C (Same Trans/Occur./Series of) π1 or 13(b) Permissive C/C (Diff Trans/Occur) ║ 20 Permissive Joinder ←---------------------v----------------------------1 (becomes 3rd party π) via 13(g) ║ Same Trans/Occur./Series -----Claim 1--------v------------------------→ 13(g) ↓ ↑ 13(a) or (b) C/C ║ Common Q of ... more>>
sammyc2007 2/4/2008 | 0 (0) | 195 | 27 | 0 | English
Criminal Law 1 Elements Actus Reas Action Voluntary, Volitional Act (bodily movement) x Not a reflex (shockunconsciousness-Newton; sleepwalking- Cogdon) x Not a status (addict-Robinson) x Not a movement against 's will (drunk in public-Martin) Crime caused by addiction (out of control alcoholic act, but first drink taken voluntarily-Powell) Epilept ... more>>
sammyc2007 2/4/2008 | 0 (0) | 153 | 3 | 0 | English
"The reliance interest in contract damages", Lon Fuller Supposition that law exists as a means to an end --not new, but hardly enjoys a pervasive application in practice. Esp. in the assessment of damages --law perceived not as a purposive ordering of human affairs but as a kind of juristic mensuration. However, in actuality the losss that the P su ... more>>
sammyc2007 2/4/2008 | 0 (0) | 142 | 3 | 0 | English
-1 -Bankruptcy & Creditors' Rights Outline Prof. Neal Fall 2006 MD - Maryland; SI - Security Interest; SC - secured creditor; SP - secured party; T/E - tenancy by the entirety; DIP - Debtor in Possession; TIB - trustee in bankruptcy; FMV - Fair Market Value; Ct, ct - court; MD - Maryland; GUSC - General Unsecured Creditors; DSO - domestic support o ... more>>
sammyc2007 2/4/2008 | 0 (0) | 105 | 4 | 0 | English
I. INTRODUCTION AND FUNDAMENTALS A. CONTEXT AND DEVELOPMENT OF THE WTO 1. Key documents a) WTO Agreement (1) GATT 1947 (2) Annex 1A: GATT 1994 (a) Agriculture (b) Sanitary and Phytosanitary measures (c) Textiles and clothing (d) Technical barriers to trade (e) TRIMS (f) Anti-dumping (g) Customs valuation (h) Preshipment inspection (i) Rules of orig ... more>>
sammyc2007 2/4/2008 | 0 (0) | 343 | 21 | 0 | English
I. PERSONAL JURISDICTION A. DEFINITIONS 1. Jurisdiction = power of a court to adjudicate your case 2. Jurisdiction over the person = power to make a person come to that court and litigate, and have judgment rendered against you 3. domicile = permanent home, no immediate intention to leave; remains domicile after you leave until you establish yourse ... more>>
sammyc2007 2/4/2008 | 0 (0) | 115 | 0 | 0 | English
1 REGULATION OF BANKS -KLAUSNER -SPRING 1995 I. Introduction -What is a bank? A. Financial Institutions 1. Takes savings and channels them to investments 2. Types a. *Bank /S & L b. Stock brokerage firm c. *Mutual fund d. *Life insurance /other insurance -take premium, banking fcn, investment fcn e. Pension fund f. (securities exchange i.e. NYSE) g ... more>>
sammyc2007 2/4/2008 | 0 (0) | 43 | 1 | 0 | English
Powers of the Court Review of congressional action: Marbury v. Madison (3) Why: . 1. The Constitution is the Supreme Law . 2. Judges determine the applicable law and apply it to a controversy Congressional control of Court jurisdiction. Ex. Parte McCardle (76) . Appellate jurisdiction may be stripped on an issue-by-issue basis, provided that the ac ... more>>
sammyc2007 2/4/2008 | 0 (0) | 109 | 4 | 0 | English
1) The Takings Clause a) Taking Property (1) Federal and state governments have power to take private property for public use (eminent domain) (2) An exercise of the eminent domain satisfies the "public use" requirement if it is rationally related to a conceivable public purpose. Hawaii Housing Authority v. Midkiff (1983) (3) Example: Interest inco ... more>>
sammyc2007 2/4/2008 | 0 (0) | 139 | 1 | 0 | English
C:\Docstoc\Working\ActivePDF\Input\$ASQProperty_ownership possesion.doc.doc 1 Property Exam Outline ACQUIRING AND SHARING PROPERTY RIGHTS I. Property Rights Arise a. Discovery: first-in-time rule stipulates property rights b. Capture: mere pursuit is not enough, must have actual corporeal possession (occupancy) i. Custom of industry relevant to det ... more>>
sammyc2007 2/4/2008 | 0 (0) | 169 | 2 | 0 | English
1 Contracts I. General Themes a. Autonomy v. Fairness b. Law v. Equity i. Rules v. Standards 1. Rules eliminate subjectivity problem 2. Cost of rule: Some cases will be decided incorrectly 3. Standards are superior in heavily fact-based scenarios a. Child custody: Standard of best interest of child c. UCC v. Common law i. UCC: governs sales of good ... more>>
sammyc2007 2/4/2008 | 0 (0) | 218 | 7 | 0 | English
Autonomy Principle: Society should bind people only to what they mutually agree to be bound to. Intent: Objective theory of intent - one is bound to what a reasonable interpretation of one's behavior implies. If one party has a secret intention that intention is void. . Zehmer did not let Lucy know he was joking. Lucy v Zehmer, (12) . Employment co ... more>>
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