CIV-PRO
The power of a given court to issue a judgement that is binding on a person or affect his property
What is Personal Jurisdiction
A tenant remains liable on the lease after assigning it because of this continuing relationship with the landlord.
What is privity of contract?
A law that intentionally treats similarly situated individuals differently must satisfy this clause.
What is the Equal Protection Clause?
The rule protects confidential communications between attorney and client.
What is the attorney-client privilege?
Name that Proper Venue Alternative: Venue is proper in a judicial district where any defendant resides, if all defendants reside in the state where the district is located.
What is the Residence Alternative
What is the name of the statute that gives the state the authority to exercise jurisdiction over a non-resident defendant?
What is a Long-Arm Statute
A tenant who transfers less than their full interest retains this relationship with the landlord.
What is privity of estate?
The First Amendment prohibits laws abridging speech, but this category of speech receives no protection.
What is obscenity?
A party introduces a statement for a limited purpose, and the court instructs the jury to consider it only for that purpose.
What is a limiting instruction (FRE 105)?
A requirement that a plaintiff must have suffered an injury in fact, fairly traceable to the defendant, and likely to be redressed by the court.
What is standing?
Name That Test: The non-resident defendant must have had (1) purposeful contacts with the forum state, (2) the plaintiff's cause of action must arise from or relate to the defendant's contacts with the forum state and, (3) the exercise of personal jurisdiction must be reasonable
What is the Minimum Contacts Test
What are the elements for transferring title through gifts?
What is (1) Donative Intent; (2) Manual Delivery; and (3) Acceptance
A state tax that discriminates against interstate commerce is virtually per se invalid under this doctrine.
What is the Dormant Commerce Clause?
A witness may testify to an opinion about a person’s character for truthfulness, but not specific acts on direct.
What is FRE 608(a)?
Name that Doctrine: Federal courts must apply state law if federal law is inapplicable
What is the Erie Doctrine
Name That Theory: It applies to companies within the chain of distribution when there is a "middleman" involved
What is the Stream of Commerce Theory
A deed that contains no covenants of title and conveys only whatever interest the grantor has.
What is a quitclaim deed?
The government may take private property for public use only if it provides this.
What is just compensation (Takings Clause)?
When a witness once had knowledge but now cannot recall, a writing may be read into evidence but not received as an exhibit unless offered by the adverse party.
What is past recollection recorded (FRE 803(5))?
This clause prohibits states from passing laws that retroactively punish conduct.
What is the Ex Post Facto Clause?
What are the Reasonableness Factors for Specific Personal Jurisdiction?
(1) Burden on the defendant; (2) State's interest in adjudicating the dispute; (3) Plaintiff's interest in obtaining convenient and effective relief; (4) Interstate judicial system's interest in obtaining the most efficient resolution of controversy; and (5) The shared interest of the several state sin furthering fundamental substantive social policie
What are the elements of Adverse Possession?
What is (1) Entry/Actual Possession; (2) Exclusivity; (3) Open & Notorious; (4) Hostile/Claim of Right; (5) Continuous/Statute of Limitations
A law that targets speech based on ideology or perspective is subject to this and is almost always invalid.
What is a viewpoint-based restriction (strict scrutiny)?
A witness may testify to an opinion that is rationally based on perception and helpful to the jury, but not based on specialized knowledge.
What is lay opinion testimony (FRE 701)?
What are the (4) requirements needed for a Class Action Suit?
(1) Numerosity; (2) Commonality; (3)Typicality; (4) Adequacy of Representation