CIV PRO
GENERAL JURISDICTION or SPECIFIC JURISDICTION
Defendant (by being DOMICILED in the state) will have such substantial contacts with the forum state to make it fair to assert jurisdiction even over claims unrelated to those contacts
Preponderance of the evidence
Plaintiff holds burden of proof (51% certainty)
COMMON LAW vs. U.C.C.
1. Sale of services/land
2. Sale of tangible/movable goods
SLICE IN TIME RULE (CIV PRO)
Citizenship for diversity purposes is determined when the cause of action is filed
INDIVIDUAL vs. CORPORATION JURISDICTION
1. Subject to personal jurisdiction and state where domiciled (general) or where personal availment has been fulfilled (specific)
2. Subject to jurisdiction where incorporated or principal place of business lies (headquartered)
RESPONDEAT SUPERIOR
Holds an employer responsible for the conduct of an employee (Christensen v. Swenson)
MUTUAL ASSENT
Must have a “meeting of the minds” to form a valid K. Analyze the words spoken/written and actions taken by the parties, and how a reasonable person would understand the words/actions used. (Lucy v. Zehmer, Harvey v. Facey)
INFORMED CONSENT (TORTS)
Required by patient for doctor to perform invasive or non-invasive procedures (Matthies v. Mastromonaco: Standard of care is a reasonable patient and what is material to a reasonable patient)
TAG JURISIDCTION
In a jurisdiction physically + voluntarily? (Baidoo v. Blood-Dzraku: Wife serves husband with divorce papers while he is visiting California for business, as well as to visit their children, even though he is domiciled in New Jersey, because he was in the state of California voluntarily = purposeful availment to laws and benefits of state)
PROVING A BREACH
STATUTE
CIRCUMSTANTIAL/DIRECT EVIDENCE
CUSTOM
RES IPSA LOQUITUR\
OFFER + ACCEPTANCE
1. OFFER = Intent to contract, Definite/certain terms, Directed to a specific offeree
2. ACCEPTANCE = Manifestation of assent, Manner of acceptance required, In time provided (or reasonable–within 3 months)
ESSENTIAL TERMS (CONTRACTS)
Quantity
Time for performance
Parties to K
Price
Place for performance
Subject matter
How to properly OBJECT TO JURISDICTION
12(b)2-5 = first response, 12(b)1, 6, 7 = any time
Exceptions to REASONABLE MAN STANDARD
1. Negligence is measured by the hypothetical reasonable person of ordinary prudence. OBJECTIVE, ORDINARY CARE is the standard. (Hamontree v. Jenner, Brown v. Kendall, Adams v. Bullock)
2. Obvious physical disability/Children
THE PRE-EXISTING DUTY RULE
A promise to do what one is already legally obligated to do is not good consideration.
DUTY FOR PHYSICAL INJURY (TORTS)
MALFEASANCE: Affirmatively created the risk, therefore responsible. GENERAL DUTY to avoid causing physical harm through action
NONFEASANCE: Failure to act/neglect results in harm. GENERALLY NO DUTY to avoid harm through inaction
SUBJECT MATTER JURISDICTION
1. FEDERAL QUESTION (1331)
2. DIV. OF CITIZENSHIP + A.I.C. (1332)
Representation by the purported principle
Reliance on that representation by a third party
Change in position by that third party in reliance on representation (Roessler v. Novak)
THE MAILBOX RULE
1. Offeree Sends Acceptance, Then Rejection—Mailbox Rule Generally Applies: If the offeree sends the acceptance first, the acceptance is effective upon dispatch. However, if the offeror received the rejection first and changed his position in reliance on it, the offeree will be barred from enforcing the contract.
2. Offeree Sends Rejection, Then Acceptance—Mailbox Rule Does Not Apply: If the offeree sends a rejection and then sends an acceptance, the mailbox rule does not apply. Whichever one is received first is effective.
PROMISSORY ESTOPPEL (CONTRACTS)
Elements:
A promise made, that
The promisor can reasonably expect that the promise will induce action or forbearance,
The promisee in-fact relied on the promise to her detriment, and so
Justice requires enforcement of K.