...rty is narrower than defense of persons. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...able emergency action for the community. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...is an incomplete privilege as to damage. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...e owner could not lawfully do in person. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...hat was agreed to or reasonably implied. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...arent necessity and proportionate force. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...ful taking, and reasonable force matter. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...ense under a reasonable-belief standard. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...ve implied consent to ordinary contacts. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...manner define the shopkeeper privilege. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...defense privilege after the threat ends. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...rules, and reasonable defense of others. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...y, but responsibility for actual damage. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
...gues Farmer should have sued instead of using force. Analyze Farmer's privileges and limits on force used to recover property. This essay tests timely demand, peaceful recapture, wrongful taking versus innocent possessio...
Citations: Restatement intentional-tort privileges and defenses principles
...its limits on reasonable investigation. Restatement intentional-tort privileges and defenses principles
Citations: Restatement intentional-tort privileges and defenses principles
A client asks a lawyer how to structure future invoices so a planned kickback scheme will not be detected. The opposing party seeks the communication. Which doctrine is most directly implicated? Adverse spousal testim...
Citations: Federal Rule of Evidence 501, Federal Rule of Civil Procedure 26(b)(3)
A client receives a legal memorandum from her lawyer, then forwards it to her unaffiliated investor to reassure him about a business deal. The investor is not helping provide legal advice. What is the likely effect? N...
Citations: Federal Rule of Evidence 501, Federal Rule of Civil Procedure 26(b)(3)
A company president emails outside counsel asking whether firing an employee would violate federal labor law. The email is sent only to counsel and the company general counsel. What is the best privilege analysis? The...
Citations: Federal Rule of Evidence 501, Federal Rule of Civil Procedure 26(b)(3)
A corporation claims privilege over interviews its lawyer conducted with low-level employees after a spill. The employees gave facts so counsel could advise the corporation, and confidentiality was maintained. Which s...
Citations: Federal Rule of Evidence 501, Federal Rule of Civil Procedure 26(b)(3)
A federal court hears a diversity breach-of-contract action governed by California substantive law. During discovery, Buyer seeks three emails from Seller. The first is from Seller's CEO to outside counsel asking how...
Citations: Federal Rule of Evidence 501
...cause the case is pending in federal court. No privilege law, because privileges never apply in diversity cases. Only the privilege law chosen by the plaintiff. This item tests privilege doctrine and common privilege bou...
Citations: Federal Rule of Evidence 501, Federal Rule of Civil Procedure 26(b)(3)
A lawyer's investigator obtained signed witness statements after an accident because litigation was expected. One witness later died. The opposing party shows substantial need and inability to obtain equivalent inform...
Citations: Federal Rule of Evidence 501, Federal Rule of Civil Procedure 26(b)(3)
A plaintiff in federal court seeks notes from confidential sessions with a licensed psychotherapist. Federal privilege law governs. What is the best statement? There is no federal psychotherapist-patient privilege. Th...
Citations: Federal Rule of Evidence 501, Federal Rule of Civil Procedure 26(b)(3)
A startup is sued in federal court for securities fraud. Before the offering, its founder asked counsel whether a draft investor statement accurately disclosed the company's debt; counsel responded that the draft omit...
Citations: Federal Rule of Evidence 501
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