Assault, Battery, IIED + Defenses
The second half of the definition of intent for intentional torts, preceded by "The defendant acts with the purpose of producing the result."
What is: Acting with substantial certainty that the result will occur?
A manifestation of assent to an offer in a manner required by the offeror.
What is acceptance?
Parol evidence is a category of this type of evidence.
Rule 11(a) requires this to for anything an attorney submits to the Court.
What is the attorney's signature?
This test says, in addition to its state of incorporation, a corporation is "at home" in its principle place of business, and its PPB is where its headquarters is located.
What is the "nerve center test"?
When the defendant knows of and disregards serious risk of harm.
What is recklessness?
The Mailbox Rule only applies to these communications.
What is acceptance?
Parol evidence can only be used for this purpose.
What is to supplement a partially integrated contract?
In rule 11(b), representations to the court must have support in the law and facts as well as this requirement.
What is no improper purposes? (Harassment, unnecessary delay, or needless increase in cost of litigation.)
A state's long-arm statute allows it to establish general jurisdiction over people outside its borders. Long arm statutes cannot override...
What is the U.S. Constitution?
In Vetter v. Morgan, this principle of assault was demonstrated when the plaintiff could have fled her harassers, but did not do so.
What is: Ability to escape does not negate?
Under UCC 2-205, these elements differentiate a firm offer from an option contract.
What is:
1. The offeror is a merchant?
2. The offer is written and signed by the offeror?
3. Irrevocability period is no longer than 90 days?
When a seller knows a good is for a particular purpose, they imply a warranty that the good will work.
What is implied warranty of fitness?
Rule 11(b) states that a party certifies the information complies with 11(b)(1-4) after...
What is an inquiry reasonable under the circumstances?
When moving to change venues under 28 USC 1404, the Court will give deference to the Plaintiff when this is true.
What is: when the current venue is most convenient to the Plaintiff and it was not chosen for tactical reasons?
What is consent?
For counter offers, the UCC uses UCC 2-207. Common law doctrine is based on this rule.
What is the mirror image rule?
Under this UCC, this is prioritized above all other methods of clarifying ambiguous language in a contract.
What is the course of the parties' performance of the contract at hand?
After a motion for sanctions is submitted under rule 11(c), the violating party has this many days to revise or withdraw the material.
What is 21 days?
Under 28 USC 1406, the Court cannot dismiss the case, even if venue is improper, if the Defendant concedes this.
What is: There is proper venue in some other federal court?
In Hall v. McBryde, the Defendant shot his neighbor when firing at a car of attackers. This case exemplifies these two Battery rules.
What is contact occurs when an object is set in motion by the Defendant to contact the Plaintiff?
AND
What is transferred intent?
To avoid "bait and switch" deals, advertisements are only offers when these are true.
What is clear, definite, and leaves nothing to interpretation?
The four ways a seller can establish an express warranty in a contract.
What is:
1. Affirmation of Fact?
2. Promises?
3. Product Descriptions?
4. Samples/Models?
This party/parties is liable for misrepresented factual statements presented to the Court.
Who are the Lawyer and Client?
FRCP Rule 4(k)(B) states that if a defendant from outside the forum state is joined to a federal case, that court can extend general jurisdiction to that defendant if this is true.
What is: the defendant is within 100 miles of the courthouse?