Criminal Law
Using force or fear to derive someone of their property are elements of this crime
Robbery
This type of offer will always reject the original offer as seen in Normile V. Miller
This also works in UCC if you see the words like "Only If" when talking about additional terms
Counter-Offer
If you are acting in _ then you can not be sued for a tort due to transferred intent
Self defense
Under §1446 (b) if there are multiple defendants and they want to remove to federal court, they must all do this
Consent or join in
If mens rea is not defined in a statute you must assume it is this one
Recklessness
Lying about your income reports to keep more money than you should will make you guilty of this crime
Larceny by false pretenses
§71-79 typically deal with this valuable term in contracts that both parties must exchange to each other
Consideration
Being confined with the threat of the cops being called, when they were not, is confinement by _
False legal authority
A party's citizenship is determined at this point in time, meaning a party can relocate after the event that gave rise to their claim and acquire new citizenship that creates or destroys diversity.
When the case if filed
Punishing someone for being an alcoholic is unlawful because it is punishing someone for their _
Status
In Lambert V. California, Lambert's conviction for failure to register was overturned because of lack of this
Fair Notice
You doing a lot of work after seeing an offer can lead to that offer not being able to be revoked due to this
Substantial performance
The first thing you must do before determining if you can use reasonable force to stop someone from trespassing is this
Request the person to desist(Typically vocally)
Under §1332(c)(2) Suits brought by a legal representative will use the citizenship of this person
The person they are representing.
Usually a decedent, infant, or the incompetent
For Bi-lateral contracts, under this rule acceptance is effective upon dispatch if properly mailed
Mail-Box rule
These types of offenses(like drug possession) do not require a mens rea to be committed
Strict liability offenses
Under restatement §36 An offerees power of acceptance may be terminated by these four factors
(a)rejection or counter-offer by the offeree, or
(b)lapse of time, or
(c) revocation by the offeror, or
(d) death or incapacity of the offeror or offeree.
Dispossessing one from using their movable property, leading to damage will likely leave you liable for this tort, just like Slender when he would not let a jockey's horse leave the stall
Trespass to chattel
Mottley introduced this doctrine that does not allow for federal jurisdiction to arise from a state law case that had an anticipated federal defense. §1331
The well pleaded complaint doctrine
In United States V. Jewell the defense of not being certain there was weed in the car did not work because the court said you can not have this
Deliberate ignorance
When you consciouslly desire something the mens rea is purposfully, but if you are aware something is substantially certain to follow from your conduct, regardless of desire, the mens rea is this
Knowingly
MYLEGS is an acronym for these types of contracts in the statute of frauds
Marriage, Year or more, Land, Executory, Goods(UCC), Surety
It is a duty to do this if it is safe for you to do so, if someone is presenting deadly force
Retreat
These are the exceptions where a judge can choose not to exercise supplemental jurisdiction under §1367(c)
Claim raises novel or complex issue of state law
Claim substantially predominates over the claim over which the district court has jurisdiction
The district court has dismissed all claims over which it has original jurisdiction
Exceptional Circumstances
Under §1441(b) A civil action otherwise removable solely on the basis of diversity jurisdiction may not be removed under these circumstances
If any of the defendants are a citizen of the state in which such action is brought.