Cases
The case in which a man failed to secure a board while on a ship causing it to fall and create an explosion.
What is in re Polemis?
The legal doctrine that prevents the same parties from relitigating a claim or defense that has already been decided.
What is res judicata?
The rule in which a party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought.
What is rule 56 of the Federal Rules of Civil Procedures?
The type of jurisdiction that allows federal courts to hear civil lawsuits between citizens of different states.
What is diversity jurisdiction?
The action of someone coming onto your land without permission.
What is tresspassing?
The case that changed the format of rule 8(a) creating the need for proof of plausibility of an action
What is Iqbal?
The legal doctrine that establishes that an act is negligent if it violates a statute or regulation.
What is negligence per se?
The rules that dictate which parties can join in a lawsuit.
What is rule 18-21 of the Federal Civil Procedures
A written statement of facts that is sworn under oath and used as evidence in legal proceedings.
What is an affidavit?
The unlawful and unconsensual touching of an individual that causes harm.
What is battery?
Which case created the precedent in which the movant must meet a certain burden of proof before the non-movant has the burden in a summary judgment motion.
What is Celotex corp?
A binding principle where federal courts exercising diversity jurisdiction apply federal procedural law of the Federal Rules of Civil Procedure, but must also apply state substantive law.
What is the Eerie Doctrine?
The rule that states if a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue?
What is rule 50(a) of the Federal Rules of Civil Procedures?
A civil wrong that occurs when someone intentionally acts in a way that causes harm to another person.
What is an intentional tort?
An action that causes severe emotional harm to an individual in which you had a duty of care to.
What is NIED?
The case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient.
What is Tarasoff v. Regents of the University of California?
A court's decision that is based on the facts and relevant law of a case, rather than on technical or procedural grounds that is considered final.
What is a judgment on the merits?
The district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.
What is 28 U.S. Code § 1367?
The first 3 pleadings under rule 7(a).
What is a complaint, an answer to a complaint and an answer to a counterclaim?
The action of somebody unlawfully taking one's water bottle for an extended period of time.
What is conversion?
The case that created a pleading standard that requires a complaint to be plausible and contain enough factual allegations to support a claim.
What is Twombly?
The federal court's power to hear a claim that would not normally be subject to federal jurisdiction if it arises from the same set of facts as a claim that is already before the court.
The pleading that states a party must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party in a claim.
What is rule 13 of the Federal Rules of Civil Procedures?
The difference between common and civil law.
What is the use of precedence instead of regulations?
The form of negligence in which there is no proof however no other explanation is possible.
What is res ipsa loquitor?