CIV-PRO
This requires complete diversity between parties and an amount in controversy exceeding $75,000.
What is diversity jurisdiction (28 U.S.C. § 1332)?
This type of co-ownership includes a right of survivorship and requires the four unities.
What is a joint tenancy?
This level of scrutiny requires a law to be narrowly tailored to serve a compelling government interest.
What is strict scrutiny?
A statement made by a party and offered against that party is not considered hearsay.
What is a party-opponent admission (FRE 801(d)(2))?
Government regulation of speech in a public forum must be narrowly tailored and leave open ample alternative channels.
What is a time, place, and manner restriction?
This occurs when a defendant fails to respond, but it does not automatically establish damages.
What is a default judgment under Rule 55?
Landowner has rights to oil and gas extracted from their land, even if it drains from neighbors.
What is ratione soli?
A state law that discriminates against interstate commerce is usually invalid unless it is necessary to achieve an important government interest.
What is the Dormant Commerce Clause doctrine?
A rule that prohibits using prior bad acts to show a person acted in conformity with that character.
What is FRE 404(a)?
A complete defense where the plaintiff knowingly and voluntarily encounters a known risk.
What is assumption of risk?
When a defendant’s contacts with the forum are so continuous and systematic that they are essentially “at home.”
What is general jurisdiction?
Property acquired by open, notorious, continuous, and hostile possession for the statutory period.
What is adverse possession?
This doctrine gives courts the power to declare laws unconstitutional.
What is judicial review (Marbury v. Madison)?
An out-of-court statement offered to prove the truth of the matter asserted.
What is hearsay?
A future interest held by a third party that divests a prior estate upon the occurrence of a condition.
What is an executory interest?
This doctrine allows federal courts to hear additional claims that arise from the same “common nucleus of operative fact.”
What is supplemental jurisdiction (28 U.S.C. § 1367)?
Notice based on what a reasonable inspection of the property would reveal.
What is inquiry notice?
Congress may regulate channels, instrumentalities, and activities that substantially affect interstate commerce.
What is the Commerce Clause power?
Statements made in civil settlement negotiations are inadmissible in civil cases but may be admissible in subsequent criminal cases unless made to a government regulator.
What is FRE 408?
A statement describing an event made while or immediately after the declarant perceived it.
What is a present sense impression (FRE 803(1))?
This applies when the second claim arises out of the same transaction or occurrence as the first, even if it was not actually litigated.
What is res judicata – transactional test?
A person who purchases property for value without notice of prior claims.
What is a bona fide purchaser?
This doctrine protects fundamental rights from government interference, even if procedures are fair.
What is substantive due process?
Evidence of a person’s routine response to a repeated situation is admissible to prove conduct in conformity.
What is habit evidence under FRE 406?
A doctrine that allows a plaintiff to recover even if partially at fault, but reduces recovery by their percentage of fault.
What is comparative negligence?