OH AT Law flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Commencement of civil action

Under Ohio Civ. R. 3(A), an action begins when the complaint is filed with the clerk. The filing date controls whether the statute of limitations is satisfied.

One-year service rule

Civ. R. 4(E) requires service within one year of filing. If service is not obtained, the action may be dismissed without prejudice and is not deemed commenced for limitations purposes.

Waivable Rule 12 defenses

Lack of personal jurisdiction, improper venue, insufficient process, and insufficient service are waived if not raised in the first responsive pleading or a pre-answer motion under Civ. R. 12(B).

Summary judgment standard

Civ. R. 56(C) grants judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law, with evidence construed in the nonmovant's favor.

Amendment as of course

Civ. R. 15(A) permits a party to amend once without leave within 28 days of service of the pleading, or later by written consent or leave of court freely given.

Ohio personal injury limitations

R.C. 2305.10 generally imposes a two-year limitations period for bodily injury and property damage claims; R.C. 2305.11 imposes one year for assault, battery, false imprisonment, and defamation.

Involuntary dismissal effect

Under Civ. R. 41(B), dismissal for failure to prosecute or to comply with the rules operates as an adjudication on the merits unless the court orders otherwise.

Ohio free speech clause

Ohio Const. art. I, § 9 protects speech and press. Content-neutral time, place, and manner rules must be narrowly tailored and leave open ample alternative channels of communication.

Ohio due course of law

Ohio Const. art. I, § 16 supplies state procedural and substantive due process protection, paralleling the Fourteenth Amendment but subject to independent state interpretation.

Ohio civil jury right

Ohio Const. art. I, § 5 preserves the right to a jury in civil cases without the federal Seventh Amendment's twenty-dollar amount limitation.

Ohio habeas corpus clause

Ohio Const. art. I, § 10 guarantees the writ of habeas corpus and bars suspension except when public safety requires it during rebellion or invasion.

Ohio speedy trial guarantee

Ohio Const. art. I, § 15 guarantees a speedy public trial by impartial jury in the county where the offense occurred and prohibits excessive bail and cruel punishment.

Ohio judicial power article

Ohio Const. art. IV, § 1 vests judicial power in the Supreme Court, courts of appeals, courts of common pleas, and other courts the General Assembly establishes.

UCC statute of frauds

R.C. 1302.02 requires a signed writing for goods priced over $500, subject to exceptions for specially manufactured goods and admissions in pleadings or testimony.

Battle of the forms

R.C. 1302.04 makes a definite and seasonable expression of acceptance operative despite additional terms, unless acceptance is expressly conditional on assent to those terms.

Predominant purpose test

For mixed goods-and-services contracts, courts apply the predominant purpose test to decide whether UCC Article 2 or common law governs the transaction.

Ohio statute of frauds

R.C. 1335.05 requires writings for leases over one year, promises to answer for another's debt, and agreements not performable within one year.

Consideration requirement

A contract requires a bargained-for exchange. Past consideration, moral obligation, and illusory promises generally do not constitute consideration.

Holder in due course defenses

Under R.C. 1303.36, a holder in due course takes free of personal defenses but remains subject to real defenses such as fraud in the factum, infancy, and bankruptcy discharge.

Anticipatory repudiation

When a party repudiates before performance is due, the nonbreaching party may treat the contract as breached immediately or await performance for a commercially reasonable time.

Ohio felony classification

R.C. 2901.02 classifies offenses by degree. Murder is an unclassified felony, and first-degree felonies carry a presumption of imprisonment upon conviction.

Self-defense burden

R.C. 2901.05 places the burden on the defendant to prove self-defense, defense of others, or defense of property by a preponderance of the evidence.

Criminal discovery obligations

Crim. R. 16 requires the state to disclose the defendant's statements and record, tangible objects, and reports of examinations and tests upon request.

Exclusionary rule in Ohio

Mapp v. Ohio (1961) applied the exclusionary rule to state prosecutions, barring use of evidence obtained through unconstitutional searches and seizures, subject to recognized exceptions.

Allied offenses merger

R.C. 2941.25 bars multiple convictions for allied offenses of similar import arising from the same conduct, though the state may pursue all charges at trial.

Ohio speedy trial statute

R.C. 2945.71 requires trial within 90 days of arrest for felonies and 30 days for misdemeanors, excluding tolling periods such as defense continuances.

Hearsay definition

Evid. R. 801(C) defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted, rendering it generally inadmissible.

Excited utterance exception

Evid. R. 803(2) admits a statement relating to a startling event made while the declarant was under the stress of excitement it caused.

Other acts evidence

Evid. R. 404(B) bars evidence of other crimes to prove character but permits it for motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.

Impeachment by conviction

Evid. R. 609 allows impeachment with felony convictions subject to Rule 403 balancing, and with crimes involving dishonesty regardless of the punishment imposed.

Expert testimony foundation

Evid. R. 702 requires a qualified witness whose specialized knowledge will assist the trier of fact, based on reliable principles and methods reliably applied to the facts.

Best evidence rule

Evid. R. 1002 requires the original writing, recording, or photograph to prove its content, unless an exception such as loss or unavailability under Rule 1004 applies.