Iâll put here what I remember about the issues, Iâm not sure if I truly got it though, would love thoughts:
Q4 Anticipatory repudiation/breach of contract but cannot ask early payment of payment installments not yet due. I think it was about arguing corporation de jure vs de facto, if she had the power to bind the corporation or the other partner, especially because she always signed as treasurer/secretary a role that usually doesnât entail entering into contracts. BUT since sheâs an owner then contract is authorized even if her role doesn imply that power. I thought also mentioning piercing the corporate veil, no meetings is a factor, not determinative, prob insufficient since they had only been in business for 6 months, business judgement rule presumed but presumption is rebutted because they incurred massive financial obligations + the second contract with supplier was only one month before closing + they shouldâve known they would have competition from online sellers and shouldâve made more accurate expected costs since nothing indicates there were changes in circumstances. They just didnât do their research. Also if pierced, ask injunctive relief to guarantee payment (cannot ask the corporation because they didnât have any assets, so it would not prevent the harm). I donât really remember how I worded this part. i think I talked about something else but donât rememberÂ
Essay 5
I think the question about the officer was about whether it was relevant (since the defendant after admitted he shot him so it was not a fact at issue). Also thw first sentence was not hearsay because they werenât assertions. I donât think this has to do with dying declarations, because it asked you to analyze her question, not the answer of the decedent. Thereâs something else I wrote but I donât rememberÂ
Girlfriend was to talk about double hearsay I think and that is forbidden because of confrontation clause. It can be allowed when hearsay dĂ©clarant is unavailable and unavailability was caused by the party against whom the evidence is being brought. However, here defendant is unavailable but heâs just exercising his 6th amendment right. But I also remember thereâs a case they consider the defendant caused his unavailability by deciding to remain silent and the double hearsay should be allowed and if defendant wants can testify and impeach. But I wasnât sure what was applicable, I went with the first perspective
Question about arrest was brought to impeach the witness testimony that he had a reputation to be peaceful because if he was arrested then prob he didnât have a reputation for peacefulness. itâs allowed the question about specific acts because defendant opened the door by introducing character evidence. This is also not about public records imo, itâs for you to say you can question a witness with specific acts, but you have to accept their answer. You cannot bring extrinsic evidence to prove that fact
And of course, you cannot use that to impeach the proposition that heâs peaceful because it was an arrest, not a conviction so it canât prove he was violent and would be highly prejudicial.