1L Part II

Con Law

1

What is the supremacy clause?

The federal government is able to overrule state government

2

What are the elements of standing?

1. Injury in Fact

2. Causation

3. Redressability

3

In order to use the Commerce Clause, ____ must be established (3 elements)

1. Instrumentality

2. Crosses state borders

3. Substantial Effect

4

Dormant Clause analysis will analyze these types of discrimination:

1. Facial

2. Intent

3. Effect

5

In order for a case to be justiciable, it needs to establish ...

1. Ripe

2. not moot

3. have standing

4. not be an advisory opinion

5. not be a political question

6. Art. 3 S. 2

Civil Law Property

1

Vices of Possession

 1. violent

2. clandestine

3. discontinuous

4. equivocal

2

Methods of Acquiring Ownership

1. Occupancy

2. Quasi-occupancy

3. Acquisitive Prescription

3

Accession can be categorized as:

1. fruits

2. movables

3. immovables

4

Lengths of time for AP Requirements:

Good faith movables- 3 years

Bad faith movables- 10 years

Good faith immovables- 10 years

Bad faith immovables- 30 years

5

Elements of a Just Title

(1)  juridical act

(2) real title

(3) translative title

(4) nearly valid title

(5) written title

(6) recorded title

Civil Procedure II

1

What benchmark cases expanded the requirements for pleadings?

Twombly and Iqbal

2

Pre reqs of a class action suit

 (1) that it is too numerous for practical joinder

(2) there is commonality amongst the class, meaning the case will generate an answer for every class member at once

(3) the representative needs to have typicality, meaning that the representative needs to have the same harms as all of the class members

(4) the representative will adequately represent the class.

3

Rule 12(b) defenses for a motion to dismiss

(1) lack of SMJ

(2) lack of PJ

(3) improper venue

(4) improper process

(5) improper service of process

(6) failure to state a claim (using the Twombley and Iqbal standard)

(7) failure to join an indispensable party under Rule 19.

4

Ways to amend a pleading

1. within 21 days (Rule 15(a))

2. with variance (Rule 15(b))

3. after the statute of limitations is over, if it relates back (Rule 15(c))

5

Discovery Tools

1. Deposition, which is an oral testimony under oath outside of the courtroom;

2. Rule 33 establishes that derogatories are a discovery tool. Derogatories are answers in writing under oath, which can be sent to the parties;

3. Rule 34 allows requests for documents to be a discovery tool;

4. Rule 35 allows a court ordered medical examination to be a discovery tool; and 

5. Rule 36 is a request for admissions, which asks the other party to admit or deny any discoverable mater.

Obligations

1

What are the elements needed to contract in Louisiana?

1. Cause

2. Capacity

3. Consent

4. Object

2

What are the vices of consent?

1. Error

2. Fraud

3. Duress

3

What are the elements of object?

1. Lawful

2. Possible

3. Determinable

4

In a tripartite relationship, what are the three parties?

1. Stipulator

2. Promisor

3. Beneficiary

5

What are the types of dissolution?

Judicial Dissolution

Extra-Judicial Dissolution

Partial Dissolution

ACJ

1

What makes a search violate 4A? (established in Katz)

A search violates 4A if there was a reasonable expectation of privacy.

2

4A Standing Elements

1. A victim of 4A violation

2. possessory interest

3. privacy interest

3

Plain View Doctrine Elemements

(1) the officers searching must be lawfully in the area that they are searching

(2) the item must be in plain view/touch

(3) the incriminating nature of the item is immediately apparent.

4

Exceptions to needing a warrant

(1) exigent circumstances

(2) search incident to arrest (SIA)

(3) cars and containers/automobile exceptions

(4) the plain view/plain touch exception

(5) consent.

5

Rules of properly executing a warrant

(1) the officer searching must be searching within the location that was determined. With that being said, an honest, good faith mistake is okay

(2) if the officer is searching within a container, it has to be container big enough to fit what they are searching for (for example, if they are searching for a TV, the officer cannot search a jewelry box)

(3) new facts and finding from the search can expand or contract the search accordingly

(4) the searching officer needs probable cause to search for a new object (not mentioned in the warrant) 

(5) if the officer is searching for a person, it must be explicitly said in the warrant

 (6) Ybarra v. Illinois established that the detention of a person during a search is generally okay.