Torts I
Intent in battery requires intent to make contact or this.
What is substantial certainty?
This rule requires "short and plain" statements.
What is Rule 8(a)?
Common-law marriage requires agreement to be married, holding out, and this.
What is cohabitation?
Under the mailbox rule, acceptance is effective on dispatch — except when the offeror requires this specific condition.
What is receipt of acceptance?
A bystander can recover for IIED even without physical injury only if the defendant knew this key fact.
What is that the bystander was present and a close relative?
Conversion requires intentional dominion over another’s property that seriously interferes with this
What is their right to control the chattel?
Supplemental jurisdiction allows additional claims if they arise from this nucleus.
What is a common nucleus of operative fact?
Desertion requires a spouse’s voluntary departure and this additional element.
What is intent not to return?
A contract signed under an unlawful threat is voidable based on this defense
What is duress?
A putative spouse may still receive property rights even though the marriage is void because this matters more than legality.
What is a good-faith belief the marriage was valid?
Necessity allows entry onto another’s land; when it is private necessity, the entrant must still pay for this.
What is actual damage caused?
Rule 20 permits joinder of parties if claims arise out of the same transaction and share this.
What is a common law question of law or fact?
Modification of custody requires a material change and this.
What is that the change is in the child’s best interests?
Expectation damages give the plaintiff the value of this type of position.
What is the position they would be in had the contract been performed?
This is the key distinction between Rule 56 and Rule 50 regarding what evidence the court considers.
What is Rule 56 considers the whole record; Rule 50 considers only evidence actually admitted at trial?
A plaintiff who consents to a minor touching (e.g., a handshake) does not consent to a harmful or offensive touching because of this limitation.
What is consent is limited to the scope reasonably understood by the parties?
Even relevant information may be denied in discovery when its probative value is substantially outweighed by this.
What is undue burden or expense?
This doctrine allows unequal division of marital property when one spouse wastes assets during the breakdown of the marriage
What is dissipation?
A contract is unconscionable when these two components are both present.
What are procedural and substantive unconscionability?
A federal court may assert personal jurisdiction without relying on any state long-arm statute when jurisdiction is authorized under this rarely used rule.
What is Rule 4(k)(2) (federal claims against foreign defendants)?
Deadly force may never be used solely to protect property unless this rare scenario applies.
What is the occupant reasonably believes the intruder threatens serious bodily harm?
This prerequisite must always be satisfied before a party may file a Rule 50(b) motion after trial.
What is making a Rule 50(a) motion before the case is submitted to the jury?
This heightened constitutional protection limits the state’s power to terminate parental rights.
What is the strict scrutiny requirement for fundamental parental rights?
Under common law, this type of response operates as a rejection even if the party says they “accept,” making the original offer permanently terminated.
What is a conditional acceptance?
This type of conditional promise looks like consideration but is not, because the promisor retains complete discretion over performance.
What is an illusory promise?