Civ Pro
Where venue is proper
(1) where any defendant lives, if all live in the same state,
(2) where a substantial part of the events occurred,
(3) where property at issue is located, or
(4) where any defendant is subject to personal jurisdiction
Four unities are required to create a joint tenancy
Possession, interest, time, and title
Type of liability that prohibits plaintiff from recovering when they are in any way at fault for their harm
Contributory negligence
Basic requirements for a plaintiff to have standing
Injury in fact, causation, and redressability
Allows either spouse to claim privilege and refuse to testify, or prevent the other spouse from testifying
Marital Communication privilege
Prevents identical parties from relitigating identical claims after the entry of a valid, final judgment on the merits
Res judicata (claim preclusion)
Four types of implied easements
Necessity, Implication, Prescription, and Estoppel
Plaintiff must show these three elements to succeed on a strict products liability claim
(1) product was in some way defective, (2) defect existed when the product left the defendant's control, and (3) the defect caused plaintiff's injury when the product was used in a foreseeable way
Retroactive change to a criminal law
Ex post facto law
Some types of witnesses who cannot be excluded
Opposing party, victims, person whose presence is essential to party's presentation (expert witnesses), officer or employee designated as a party's representative
Requirements for a proper class action
Numerosity (joinder of all is impracticable), Commonality (class shares common questions of law or fact), Typicality (named parties claims or defenses are typical of class), and Adequacy (named parties will protect the class interests)
Two theories of mortgages
Lien: mortgagor retains title and possession, unless the lender forecloses
Title: title reverts to the mortgagor once debt is paid
The risk utility analysis considers...
whether the design creates a foreseeable risk of harm, and whether the risk could have been mitigated by a reasonable design alternative (ie a safer design available at a reasonable cost)
Protects citizens of one state from discrimination by another state in exercise of their fundamental rights
Privileges and Immunities Clause, Article IV
Rights of an unwed father
An unwed father has substantive due process rights to object to an adoption, but only if he demonstrates a commitment to the responsibilities of parenthood (bonus points if you mention adoption registries)
The reach of the court's subpoena power over people
May command attendance:
(1) within 100 miles of where the subpoenaed person resides, is employed, or regularly transacts business;
(2) within the state where the subpoenaed person resides, is employed, or regularly conducts business (if he is a party or a party's officer)
Requirements for implied reciprocal servitudes
(1) developer must intend to create a covenant on all plots, (2) promises must be reciprocal (benefit and burden each parcel equally), (3) must be a restriction on use, (4) successor must be on notice of the restriction, and (5) must be a common plan or scheme
Elements are required for a plaintiff to show Public Disclosure of Private Facts
The defendant (1) gave publicity to a matter concerning the private life of another, and (2) the matter publicized is of a kind that would be highly offensive to a reasonable person, and is not of legitimate concern
Three things will violate the duty of loyalty
(1) competing with the partnership business,
(2) advancing an interest that is adverse to the partnership,
(3) usurping a partnership opportunity
Plaintiff's options after the defendant requests remittitur
(1) reduced damages, or (2) new trial only on damages
A tenant can remove crops that they planted on a leased property when...
(1) the lease is for an uncertain duration, (2) the lease is terminated through no fault of the tenant
Requirements for a filing statement for real property
(1) an indication that it covers real property, (2) an indication that it will be filed in property records, (3) a description of the property, (4) name of the record owner, if debtor does not have interest in it, and should include addresses of both parties