CivPro (Fall)
Contracts (Fall)
Property
CivPro (Spring)
Contracts (Spring)
100
An appeal made prior to a final judgment (name and rule)
Interlocutory Appeals (28 USC §1292)
100
Consideration requires these to find a contract enforceable (+ state rule)
RST §79
Agreement bargains for performance sought by the Promissor + given by the Promisee
100
A finder of mislaid has good title to all but ______
The true owner and Locus in Quo
100
A type of sanction on the plaintiff for failure to prosecute/comply with court orders (+ rule)
Voluntary Dismissal
Rule 41(a)
100
an event, not certain to occur, which must occur, unless its non-occurrence is excused, before performance under a contract becomes due + is stated in the agreement (Name + Rule)
Expressed Conditions
RST §224
200
Three Cases/Holdings of Complaint Requirements
Conley -- No 12(b)(6) Motions unless it is clear P can't prove any set of facts in support of the claim
Twombley -- complaint must have facts, if accepted as true, that state a claim to relief that is plausible on its face
Iqbal -- complaint must also allege non-conclusory facts
200
The Princess Cruise Analalysis Elements
Language of the Contract → Does it discuss more services or goods?
Nature of the Business of the Supplier → What does Seller generally provide?
Intrinsic Value → Does the Contract place value on goods or services ($$)?
Nature of Dispute → Was the dispute for failure of goods or services?
200
Elements of Adverse Possession
Entry giving exclusive possession
Open and notorious
Continuous for the statutory period
Adverse/Hostile and under a claim of right
200
Elements of Issue Preclusion
An Identical Issue of Fact/Law
Against the Same Party
Based on a Final Judgment
The issue was Actually Litigated (Determined + Essential to Judgment)
Valid Judgment
[Mutuality of Estoppel]
200
When a party has not yet breached, but seems like they might + you are justified in withholding performance
Anticipatory Repudiation
300
The Tolling Clause of 28 U.S.C. §1367(d) allows for _____
If a claim is dismissed (no supplemental jx) the P has whatever time left in Statute of Limitations + 30 days to file in State Ct.
(If no more time in statute of limitations --> 30 days from dismissal)
300
Three-Step Analysis for if the Statute of Frauds Applied
Does the type of contract fall under the Statute of Frauds?
Is there a sufficient memorandum?
Do any exceptions apply?
300
O conveys “to A for life, then to such of A’s children as survive him, but if none of A’s children survives him, to B and her heirs.” At the time of the conveyance, A is alive and has two children, C and D.
The State of Title is ______
A has a Life Estate
A's Children have a contingent remainder in fee simple
B has a contingent remainder in fee simple → subject to condition precedent (C and D not surviving A)
O has a reversion → not vested remainder
(Problem 1(b) on page 334)
300
The power grant for the right to jury trial + year that matters for if you have a right to a jury trial or not
7th Amendment
1791
300
7 Doctrines to argue a contract is voidable
Minority Incapacity
Mental Incapacity
Duress
Undue Influence
Misrepresentation/Non-Disclosure
Unconscionability
Restraints on Trade (Non-Compete Covenants)
400
Requirements for Amending a pleading after the statute of limitations runs
Once as a matter of course + within 21 days of being SERVED the pleading + opposition consent/as justice so required + arises out of the same conduct/transaction/occurrence
400
Hierarchy of Interpretation Evidence
400
The concurrent ownerships that allows partition by one cotenant
Tenancy in Common
400
Order of when judgment affecting motions can be made (+ rules for each)
1. JML -- 50(a)
2. JNOV -- 50(b)
3. New Trial --59
400
A party bears the risk of a mistake when _______ (+ state rule)
RST §154
(a) the risk is allocated to him by agreement of the parties, or
(b) he is aware, at the time the contract is made, that he has only limited knowledge with respect to the facts to which the mistake relates but treats his limited knowledge as sufficient, or
(c) the risk is allocated to him by the court on the ground that it is reasonable in the circumstances to do so.
500
A person intended to testify at trial + only requires a summary of topics/opinions + CAN be asked interrogatories/deposed + must produce records if requested.
An Expert NOT retained in anticipation for litigations but WILL Testify at trial
500
Doctrine of Restitution
Moral Obligation substitutes Consideration
RST §86
Promise + Made in Recognition + of Prev. Benefit + By Promisor to Promisee = Binding
EXCEPTIONS: Benefit = Gift / Promisor ≠ Unjustly Enriched OR Value ≠ Benefit
500
T devises property “to A for life, then to A’s children for their lives; then to T's grandchildren.” A and B survive T.
This [does/does not] survive the RAP
DOES SURVIVE THE RAP
Open Class → closes when T's last child dies
T's children must be born before T dies → will vest when the last of T's children dies
T's last child must be alive when T dies → is a life in being
Interest must vest or fail when T's last child dies → T's last child alive = validating life
(Problem 6 page 358)
500
Grounds for Vacating a Judgment (+ rule)
60(b)
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
(6) any other reason that justifies relief.
500
Owner hires builder to construct a building for a total price of $200,000. The estimated total cost of construction is $180,000. The owner breaches by unjustifiably terminating the contract when the work is partly done. At the time of termination the owner has paid the builder $70,000 for work done, and the builder has spent a total of $95,000 for labor and materials (some of which are incorporated in the partially completed building). After the owner’s breach the builder is able to resell $10,000 of materials purchased for the project.
Damages = $35,000
Loss in Value = $130,000
Incidental = None
Consequential = $180,000
Cost Avoided = None
Loss Avoided = $10,000