Article IV Privileges and Immunities Clause
Prevents economic discrimination by one state against ‘citizens’ or ‘residents’ of another state, unless the discrimination is closely related to a substantial government interest.
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Danger – Utility Test
A product is defective as designed if the magnitude of the danger outweighs the utility of the product.
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“Gap Filler” Terms
UCC Section 2-300
Where there is an open delivery term seller’s place of business is deemed the place for the delivery
Risk of loss is on buyer during transit (shipment contract) i.e F.O.B seller’s place of business…
UCC 2-603: Buyer’s Duties as to Rightfully Rejected Goods
Buyer must not take acts” inconsistent with the seller’s ownership”. Buyer may make reasonable efforts to resell for the seller’s account, and buyer may be reimbursed for expenses incurred (up to …
Hierarchy of Laws
1. Constitution
2. Acts of Congress Treaty : Last in time prevails
3. Executive Agreement – foreign policy
4. State Law…
Impracticability – UCC Section 2-615
Delay in delivery or non delivery by a seller is not a breach if the seller’s performance is made impracticable by contingency whose non-occurrence was a basic assumption on which the contract was made.…
Third-Party Consent
A warrantless search of a shared residence for drugs over an express refusal of consent by physically present occupant cannot justify a consent search by another occupant.…
Dragnet Clause
A mortgage provision that makes the real property itself serve as security for other unspecified debts of the mortgagor.…
Right to Jury Trial – Sixth Amendment
Applies to the States
. Arises for ‘serious offenses’ where imprisonment for more than six months is possible
Guilty Plea
. Must be voluntary & intelligent
. Defendant must understand the constitutional rights …
F.R.E. 613 (b)
“Interests of Justice” Exception
The witness need not have an opportunity to explain or deny the prior inconsistent if the court finds ‘the interest of justice’ would not be served (e.g where sitness’ testimony ‘surprises’ or damages …
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