Constitutional Law

Abortion: A woman has a fundamental right to an abortion that can be subject to reasonable
restrictions. The test is an undue burden test.

Contracts Clause: Prohibits state legislation that retroactively impairs contract rights.

Taxpayer standing: Not sufficient basis for challenging government spending except for specific
appropriations under the taxing and spending power for violation of the Establishment Clause.

Contracts

Assignments: Not allowed if they materially increase the duty or risk of the obligor or materially reduces
the obligors chance of obtaining performance.

Warranty of Merchantability: Under UCC, a warranty of merchantability is implied in every contract for
a good by a seller who is merchant with respect to that good.

Criminal Law

Checkpoints: Police may stop cars at a checkpoint without reasonable, individualized suspicion of a
violation of the law if the stop is based on neutral, articulable standards and its purpose is closely
related to an issue affecting automobiles (i.e. driving safely).

Double Jeopardy: Where a mistrial is granted over a defendants opposition, the defendant cannot be
retried unless the mistrial is due to a manifest necessity. A hung jury is a manifest necessity.

Larceny: Under the continuing trespass rule, if the person forms the intent to deprive the other person
of property after the taking, it is still larceny.

Search: A canine sniff is not a search under the 4
th
Amednment.

Sixth Amendment: Does not apply to any pre-indictment eyewitness identification.

Warrantless Search: As part of a valid warrantless search incident to arrest, the police may make a
protective sweep of the area if they believe accomplices may be present.

Evidence

Truthfulness: The general rule is that a witness may always be impeached with evidence that he has
been convicted of a crime involving dishonesty or false statements within 10 years of the conviction.
Other felonies may be used for impeachment purposes, subject to a probative-prejudicial balancing test,
unless (i) more than 10 years have elapsed since the conviction (or release from confinement, whichever
is later), (ii) the felony was a juvenile adjudication, or (iii) the witness has been pardoned for the felony.

Ultimate Opinion: It does not apply to civil cases.

Real Property

License: A license is an oral easement that is a mere privilege (non-possessory right) to enter anothers
land for some delineated purpose.

Tenants in Common: It is possible for one co-tenant to acquire title by adverse possession against
another co-tenant.

Waste: The owner of a fee simple subject to executory interest (or any qualified estate) is not generally
liable to the holder of a future interest for any waste based on the possibility that the holder of the
future interest may take.

Torts

Damages: Damages in strict products liability are permitted to the extent that they include any personal
injury to plaintiff or property damage. A claim for purely economic loss (i.e. loss of business) is not
allowed under a strict liability theory.

Failure to warn: Whether there were foreseeable risk of harm, not readily recognized by an ordinary
user of the product, which risks could have been reduced or avoided by providing reasonable
instructions or warnings.

Rescuer: A person who comes to the aid of another is a foreseeable plaintiff; If the defendant
negligently puts either the rescued party or the rescuer in danger, he is liable.