Civil Procedure
What is the amount of controversy for diversity jurisdiction?
Over $75,000
What is the plain meaning canon?
Words are to be understood in their every-day meaning, and these meanings should govern.
What type of force can you use to defend your property?
Reasonable force. You cannot use force that will cause death or serious bodily harm to defend your property.
When is the Civil Procedure Final?
December 6
What are the doctrinal classes y'all will take in the spring semester?
1. Contracts
2. Criminal law
3. Property
What is the citizenship of a corporation for subject matter jurisdiction?
Every state where it is incorporated and the one state where it has its principal place of business.
Identify and give examples for the three types of sources.
1. Intrinsic: the words themselves, syntax, punctuation, grammar, components (title, preamble, heading, etc.), textual (linguistic) canons
2. Extrinsic sources: legislative history, legislative inaction, borrowed statute jurisdictions, agency interpretations
3. Policy-based sources: the rule of lenity, broadly construe remedial statute, avoid constitutional conflicts
What is B=PL?
B= burden of avoiding the harm; cost of taking the precaution
P= probability that harm will be caused without precaution
L= (severity of) harm likely to be caused/ could be caused without the precaution
When is the Torts final?
December 3
What kind of animal does Jenica like to feed?
Cats
How can an individual be served?
1) In person
2) By leaving a copy at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there
3) By delivering a copy to an agent authorized by the defendant
What is the difference between noscitur a sociis and ejusdem generis? Give an example of both.
1. Noscitur a sociis- We understand words in an act, particularly listed words, by considering the words surrounding them.
2. Ejusdem generis- We understand general words in a statute, particularly catch-alls at the end of a list of words, by considering the specific words surrounding the words at issue.
What is the difference between intent in a battery claim and intent in an intentional infliction of emotional distress claim?
Intent in battery claims require knowledge with substantial certainty or on purpose. Intent in intentional infliction of emotional distress claims includes recklessness as well.
When is the Leg Reg final?
December 10
What is Brandon's favorite color?
Blue
What are the elements of personal jurisdiction?
(1) Defendant must have purposeful or deliberate contacts within the forum
(2) The claim must arise out of those contacts
(3) Fair and reasonable
What is textualism, intentionalism, and purposivism?
1. Textualism- looking for the ordinary, public meaning of the text in its statutory context
2. Intentionalism- looking for the intent of the enacting legislature on a specific issue
3. Purposivism- looking at the overall goal or purpose of the legislature in enacting the law
What are four factors that are considered when deciding conversion?
The extent and duration of the actor’s exercise of dominion or control
The actor’s intent to assert a right in fact inconsistent with the other’s right of control (theft, not just touching it)
The actor’s good faith
The extent and duration of the resulting interference with the other’s right of control
The harm done to the chattel
The inconvenience and expense caused to the other
When is memo 2 due?
November 17
What are the main parts of a black hole?
1. The event horizon
2. The singularity
What is the difference between in rem jurisdiction and quasi in rem jurisdiction?
In in rem jurisdiction, the court can declare the true owner of specific property relative to everyone in the world.
In quasi in rem jurisdiction, the court can declare which of the litigants has the better claim to the property without determining whether the winner is the true owner relative to everyone else in the world.
What is the difference between a bill, an act, and a statute?
1. Bill- Proposed legislation that has not yet been passed by the legislative body and therefore is not law.
2. Act- Legislation that has been passed by the legislative body and typically signed by the executive (e.g., President or Governor). An act may still need to be codified (organized and incorporated) into the body of existing statutes.
3. Statute- A specific, codified piece of legislation that has been enacted into law. It is part of the formal collection of laws (code) of a jurisdiction.
What is negligence per se?
An actor is negligent if, without excuse, the actor violates a statute that is designed to protect against the type of accident the actor’s conduct causes and if the accident victim is within the class of persons the statute is designed to protect.
When is the citation exam due?
December 10
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