A contract is defined as a promise or a set of promises for the breach of which the law gives a
remedy, or the performance of which the law in some way recognizes as a duty.
(1) A promise is a manifestation of intention to
EVIDENCE OUTLINE FALL 2012
Witness: a person who gives testimony in court
Testimony: a sworn oral report by a witness of information relating to a legal dispute
Exhibit: physical object (contract, picture, gun, etc.) presente
Rule 401 - defines relevant evidence (probative value) as evidence that has any tendency to
make a material fact (a fact of consequence) more or less likely.
The common law divided logical relevance into
2. unconsented touching or trauma upon a body of another.
Intent -P would lay out his prima facie case by showing that here D acted with a purpose to .
Or he knew with substantial ce
I) Relevancy, Probative Value, and The Rule 403 Dangers
a) Relevancy Basic Concept
i) Only relevant evidence helps the jury reach rational outcomes
ii) Rule 401 (Two Issues the judge must consider)
(1) Is the item offered to prove a fact that is of conseq
Buckler Fall 2015
Basics of Legal Ethics
a. Business/profession dichotomy
i. Business: money, regulation by market forces, government involvement
ii. Profession: promote public good, self-regulation
b. Example high profile c
Willa Dies First
a. If the spouses are joint tenants, then half of the property goes as a testamentary substitute.
b. If the spouses are joint tenants with anyone else, then the testamentary substitute is the value put in by the dead
Testimonial Proof: Direct Examination
Background info, then foundation for testimony, then substantive questions
Cant use leading questions let the witness testify not the lawyer.
Leading questions are problematic because: Could invoke false m
Sources of Regulation
1. Professional Responsibility Sources of regulation of legal profession
2. RLGL3: restatement of law governing lawyers, third edition really good hornbook to look things up for research purposes,
good place to start, its also
O UTLINE FOR T ORTS
A. Definition: A tort is a private wrong, independent of a contract, resulting form
a breach of duty.
B. When discussing any possible tort always consider:
1. Elements of a tort:
c. Causation (Cause
What is a contract
A contract is formed in any transaction in which one or both parties make a legally enforceable promise.
A promise- is a commitment or undertaking that a given event will or will not occur in the future
and may be e
Chapter One: Overview
Four things lawyers must be good at:
Problem solving is the art of developing a plan to control events which is what clients
hire lawyers to do