Intentional Torts
the elements of False imprisonment
what are
the defendant intend to confine the plaintiff
the plaintiff was conscience for the Confinement
the plaintiff did not consent to the confinement
The containment was not otherwise privileged
What is MYLEGS
the appropriate motion for the defendant to file when the Statute of Limitations has expired on a case
what is a motion to dissmiss
the two types of causation that must be shown for a negligence claim
factual and proximate causation
Presumed consent contains these elements
what are
The actor is justified, under prevailing social norms, in engaging in conduct and
The actor has no reason to believe that the person would NOT have actually consented to the conduct if the actor had requested the person's consent.
1) buyer intends to use goods for a “particular purpose”; 2) buyer relies on seller’s skill or judgment as to the fitness of the goods for that particular purpose; and 3) seller knows of this reliance by buyer.
what is an Implied warranty of fitness for a particular purpose
Plaintiff, who lives in KY files lawsuit under 42 USC 1983 and state torts in IN state court.
Can Defendant remove it?
What if one of the ∆s is a resident of KY?
What if one of the ∆s is a resident of IN?
yes to all
Plaintiff, who lives in KY files lawsuit under 42 USC 1983 and state torts in IN state court.
Can Defendant remove it?
What if one of the ∆s is a resident of KY?
What if one of the ∆s is a resident of IN?
Yes to all. This case is based on Federal Question Jurisdiction and as such the forum defendant exception does not apply (only applies to Diversity actions).
3 catergories of special relationship
what are common carrier/passenger, innkeeper/guest, and employer/employee
The remedy for a converted chattel
what is the the full fair market value of the chattel?
Elements include that the event was not reasonably foreseeable; the purpose of the contract has been effectively destroyed by the occurrence of the event; and the purpose was understood by both parties at the time of making the contract.
what is frustration of purpose
Plaintiff must meet a standard of plausibility when pleading in complaint
What is the holding of Ashcroft v. Iqbal?
the two tests for NIED Claim
Definite and objective physical injury test (majority), and Bystander
The reasonable mistake standard, and the Step-into-shoes method
What are the 2 standards of evaluating a claim of defense of others?
Formula for computing expectation damages
what is: loss of value, plus other loss, minus cost avoided, minus loss avoided.
3 proper AND 3 improper objections to make in an objection
What are proper and improper objections to make in a deposition?
privilege, form (compound, confusing, calling for speculation), mischaracterizes earlier testimony, asked and answered, calls for legal conclusion, harassment
improper - irrelevant, hearsay, assumes facts not in evidence, calls for an opinion, speaking and coaching objections
The two types of comparative falut
What are,
1. Does not exceed 50% (50% jurisdictions)
2. Is less than 49% ( 49% jurisdictions)
the elements of the Emergency Exception Doctrine
what are
1. an emergency makes it necessary or apparently necessary, in order to prevent the harm to the other, to act before there is opportunity to obtain consent from the other or one empowered to consent for him, and,
2. the actor has no reason to believe that the other, if he had the opportunity to consent, would decline.
EVSCCEC represents these exeptions
1) Explanatory evidence
2) Evidence regarding Validity
3) Evidence regarding Subsequent Agreements
4) Evidence regarding Condition Precedent
5) Evidence regarding Equitable Remedies
6) Evidence regarding Collateral Agreement
7) UCC Article 2 – UCC Article 2 assumes partial integration, unless otherwise stated. A party may submit evidence of consistent additional terms (but not contradictory terms). Furthermore, Article 2 provides that a written contract’s terms may be explained or supplemented by evidence of course of performance, course of dealing, and usage of trade, even if the written agreement is not ambiguous.
The proper methods of service of process on an individual under the Federal rules?
What are the proper methods of service of process on an individual under the Federal rules?
what are
FRCP 4(c)(2) - service can be done by someone who is at least 18 and not a party
FRCP 4(e)(2) - can serve by (1) personal service in the forum state, (2) leave a copy at ∆'s usual place of abode with someone of suitable age; or (3) delivering a copy to a registered agent (if ∆ is a corporation)
factors to determine if something is a dangerous activity subject to strict liability
what are
Existence of a high degree of risk of some harm to the person land or chattels of others
Likelihood that the harm that results from it will be great
Inability to eliminate the risk by the exercise of reasonable care
Extent to which the activity is not a matter of common usage
Inappropriateness of the activity to the place where it is carried on
Extent to which its value to the community is outweighed by its dangerous attributes