BCP
This doctrine permits federal courts to hear state claims only if they arise from the “common nucleus of operative fact.”
What is supplemental jurisdiction under 28 U.S.C. §1367(a)?
This U.S. Supreme Court case prevents courts from basing custody on private racial biases.
What is Palmore v. Sidoti?
On February 1, a graphic design firm entered into a written contract with a sports team to design a new team logo. The parties’ contract required the firm to complete the work by April 1 to enable selected manufacturers to print products with the new logo before the beginning of the team’s season. On March 15, the firm requested a 30-day delay in the completion date because it was behind schedule on another project. When the team refused to agree to the delay, the firm stated that it would try to complete the work by April 1.
The team has consulted you to discuss its legal options.
At this point, should you advise the team that it has legal grounds to cancel the contract with the firm and hire a replacement? Select one.
No, because the firm did not state unequivocally that it would be unable to complete the work by April 1.
When two independently sufficient causes occur, this test is used to determine actual causation.
What is the substantial factor test?
Contact with something closely associated with a person counts as contact — this case established it.
What is Fisher v. Carrousel Motor Hotel?
This subsection prevents plaintiffs joined under Rules 14, 19, 20, or 24 from using supplemental jurisdiction to defeat diversity.
What is §1367(b)?
This case requires courts to give “special weight” to a fit parent’s decisions about third-party visitation.
What is Troxel v. Granville?
On March 1, a homeowner contacted a builder about constructing an addition to the homeowner’s house. The builder orally offered to perform the work for $200,000 if his pending bid on another project was rejected. The homeowner accepted the builder’s terms, and the builder then prepared a written contract that both parties signed. The contract did not refer to the builder’s pending bid. One week later, upon learning that his pending bid on the other project had been accepted, the builder refused to perform any work for the homeowner.
Can the homeowner recover for the builder’s nonperformance?
No, because the builder’s duty to perform was subject to a condition.
This case established alternative liability when both defendants were negligent but only one caused the harm.
What is Summers v. Tice?
This rule determines whether you can add claims together to meet $75,000.
What is aggregation?
Under this Rule, a party may join as many claims as it has against a defendant—even unrelated ones.
What is Rule 18(a)?
This doctrine allows property division based on fairness rather than equal division.
What is equitable distribution?
Under the terms of a written contract, a builder agreed to construct a garage for a homeowner for $10,000. Nothing was stated in the parties’ negotiations or in the contract about progress payments during the course of the work. After completing 25 percent of the garage according to the homeowner’s specifications, the builder demanded $2,000 as a reasonable progress payment. The homeowner refused, and the builder abandoned the job.
If each party sues the other for breach of contract, which of the following will the court decide?
Only the builder is in breach and liable for the homeowner’s damages, if any.
This leading case rejected the “directness” test and limited proximate cause to foreseeable harms.
What is Overseas Tankship (Wagon Mound No. 1)?
Minimum contacts and fairness come from this Supreme Court case.
What is International Shoe?
A compulsory counterclaim must be raised if it arises from this.
What is the same transaction or occurrence?
Under UCCJEA, the “home state” is where the child lived for this long.
What is six months?
A debtor’s liquidated and undisputed $1,000 debt to a creditor was due on March 1. When the debt was still unpaid on March 15, the creditor told the debtor that if the debtor promised to pay the $1,000 on or before December 1, then the creditor would not sue to collect the debt. The debtor orally agreed. On April 1, the creditor sued the debtor to collect the debt that had become due on March 1. The debtor moved to dismiss the creditor’s complaint.
Should the court grant the debtor’s motion?
No, because there was no consideration to support the creditor’s promise not to sue.
This case held that unforeseeable plaintiffs cannot recover in negligence.
What is Palsgraf v. Long Island R.R.?
These two elements define assault.
What are intent + reasonable apprehension of imminent contact?
This rule permits a defendant to bring in a third-party who may be liable for part or all of plaintiff’s claim.
What is Rule 14 (impleader)?
Courts may only intervene in a parent’s religious teachings when this is shown.
What is actual harm?
On March 1, an excavator entered into a contract with a contractor to perform excavation work on a large project. The contract expressly required that the excavator begin work on June 1 to enable other subcontractors to install utilities. On May 15, the excavator requested a 30-day delay in the start date for the excavation work because he was seriously behind schedule on another project. When the contractor refused to grant the delay, the excavator stated that he would try to begin the work for the contractor on June 1.
Does the contractor have valid legal grounds to cancel the contract with the excavator and hire a replacement?
No, because the excavator did not state unequivocally that he would delay the beginning of his work.
In this case, although the exact manner of a plane’s crash was unusual, the harm was still within the scope of the risk.
What is Doss v. Big Stone Gap?
This early case established assault even without physical contact.
What is I de S et ux. v. W de S?