Spring 2001/2004: Consumer Protection Outline I. Introduction A. FRAUD: Intent to conceal the facts/ deceive Before the DTPA 1. Elements for fraud in Tx a. material misrepresentation b. Ds knowing its false c. or recklessly d. intending P to rely up
1. 2. 3. 4.
Hearsay Does it meet definition? Does it fit under exclusion or not for truth of matter? Does it fit under exception? Does it fit under catch-all exception? An out-of-court statement (assertive conduct included) offered to prove the trut
Sports Law, Scott Powe, Spring `05:_ I. INTRODUCTION: A. Baseball: 1. The National Agreement: 1903, created the structure of MLB. Set up 2 leagues with territorial exclusivity. Cities with competing teams could keep them both. 2. The Reserve Clause:
CH 1: Best Interest of the Sport: Role of the Commissioner Rose v. Giamatti Giamatti acting under powers granted by Art. 1 of the Major League Agreement investigates Rose. Breadth of Powers: 1. Investigate any practices suspected not to be in the bes
Sports Law, Scott Powe, Spring `05:_
I. INTRODUCTION: A. Baseball: 1. The National Agreement: 1903, created the structure of MLB. Set up 2 leagues with territorial exclusivity. Cities with competing teams could keep them both. 2. The Reserve Clause:
Evidence Outline I. Relevancy [FRE Art. IV] A. General Principles [FRE 401-403] TxR 401: Meaning of the relevance of evidence: ".any tendency to make the existence of any fact." This rule has us ask whether the evidence has any weight at all. 401 is
Todd, Consumer Protection Outline
DTPA: Consumer Protection in Texas 1. Statutory Tort a. Driven by words of statute b. Common Law similarities i. Fraud 1. Knowing or reckless 2. Punitives unlikely, no attorney's fees ii. Negligent Misrepresentation
Capital Punishment Notes 09/06
8th amendment issues
I. Types of Execution a. Kemmler- constitutionality of electric chair i. Ex post facto question bc he`s sentenced to death by hanging and then NY adopted electric chair. Kemmler gets chair even tho
Canned Answers: Consumer Protection (Todd) DTPA basics: Consumer, Goods / Services, Seller For a cause of action to arise under the DTPA, several basic components must be met. First, there must be a consumer, goods or services, and a seller (17.45).