by Scott Caron | Aug 3, 2022 | Evidence
This flow chart walks you through the analysis for determining whether impeachment evidence is admissible, and what kind of impeachment evidence can be offered under different circumstances. Generally, reputation and opinion testimony for a witness’s character for...
by Scott Caron | Aug 3, 2022 | Evidence
This flow chart walks through the basic relevance analysis. You will need to know FRE Rules 407-415 in order to use it. View...
by Scott Caron | Aug 3, 2022 | Evidence
Recognize that there are two steps to analyzing the admissibility of character evidence: (1) whether the evidence is admissible in the first place; and (2) whether the manner of presentation is proper. As to the first step, evidence of a character trait to prove...
by Scott Caron | Aug 2, 2022 | Torts
Breach of warranty is an issue under both Contracts and Torts. The applicable warranties arise under UCC §§ 2-313, 2-314, and 2-315, and accordingly are related to the law of contracts. When a breach of warranty results in defective goods (i.e., goods the buyer did...
by Scott Caron | Aug 2, 2022 | Torts
This flow chart breaks down the analysis of the damages element of a defamation claim. The rules for recoverable damages in defamation depend on whether the alleged defamatory statement constitutes libel (written) or slander (spoken). The analysis therefore begins by...
by Scott Caron | Aug 2, 2022 | Torts
This flow chart walks through the appropriate rules to use in the “Duty” section of a negligence analysis when the defendant is an owner or occupier of land. Your first task in a negligence hypothetical in which the defendant is a landowner is categorize the plaintiff...
