Torts
In Byrne v. Boadle (flour barrel case), what kind of evidence was used?
What is Res Ipsa Loquitor?
What is necessary to establish PJ under International Shoe?
What is minimum contacts that don't offend traditional notions of fair play and substantial justice
What is an executory gift?
Whst is Professor Ontiveros's daughter's last name?
What is Learned Hand's formula? Explain.
What is B<PL. Where B is the burden, P is the probability of harm and L is the seriousness of the risk
What is the traditional rule for a common carrier?
Exercise of utmost care, so far as human skill and foresight can go
What is the jurisdictional difference between state and federal courts?
What is state courts are courts of general jurisdiction and federal courts are courts of limited jurisdiction?
The condition results in a legal detriment to the promisee if
What is the conidition is not within the control of either party?
Who is the 2nd President of the United States?
What is John Adams?
What federal circuit is CA in?
What is the 9th circuit?
True or False? A question of FACT is decided by a judge.
Identify the factual differences between Hanson and McGee that justify the difference in outcome.
What is McGee actively sought business in forum state, whereas the company in Hanson didn't.
What is the rule for preexisting legal duty and give an example
What is Performance of a legal duty owed to a promisor which is neither doubtful nor the subject of an honest dispute is not consideration; but a similar performance is consideration if it differs from what was required by the duty in a way in which reflects more than a pretense of a bargain. Ex: firefighter
What is the rule for consideration?
What is Dibadj's first name?
What is Reza?
What is a judgment notwithstanding the verdict?
What facts would have been necessary for the original suit in Pennoyer to have been valid?
What is the attachment of land at onset of lawsuit?
What does the predominate purpose test relate to?
What is the difference between contract modification for UCC and common law?
What is UCC does not require consideration, common law does not?
What are the three types of proof in which a plaintiff can prove breach?
Direct, Circumstantial and Res Ipsa Loquitor
What is the 3rd Restatement of Torts for Strict Liability?
What is “abnormally dangerous” activity= strict liability where activity creates a forseeable and increased significant risk of physical harm even when reasonable care is exercised by all actors and the act is uncommon?
What would the plaintiff have needed to do to avoid summary judgment in Houchens?
What is sort of claim that husband died accidentally?
What are the exceptions to restitution?
What is 1.) a party officiously confers a benefit upon another and 2.) a party has conferred a gratuitious benefit without expectation of compensation?
What is the biggest organ in the human body?
What is skin?
What are the two types of restitution and describe
Quasi-Contract and Promissory Restitution