Torts
A defendant may be liable for all damages resulting from his negligence, even if the plaintiff suffers injuries greater than what an ordinary person would have suffered due to their preexisting medical conditions
Eggshell Plaintiff Rule
If PL>B, then precautions should be taken
Hand Formula
Motion to dismiss for failure to state a claim upon which relief can be granted
Rule 12(b)(6)
Written questions to a party which must be answered in writing, under oath
Interrogatories
If you don't know this case, you know nothing of Tort Law. What standard was established by this case?
Palsgraf. Plaintiff is liable only for those who he can foresee would be injured and only for the foreseeable injuries.
A plaintiff can only recover in a negligence claim if their own negligence is less than the defendant's
Modified-Greater Fault Bar
What is the 42 U.S.C § 1983 exception to the government employee's immunity?
Any person acting under color of state law is liable to another person for depriving that person of a cognizable right
Federal Question Jurisdiction
The three elements for an issue to be reviewable
1. Must be preudicial
2. Preserved Below
3. Presented Above
Documents prepared by a lawyer for trial which have an intermingling of their own legal reasoning and mental impressions
Work-Product Doctrine
An injured party's damages cannot be reduced by payments received from third parties
Collateral Source Rule
Except for special circumstances, an actor owes no duty to prevent purely _________ harm stemming from the actor's negligence.
Economic
This rule allows a court to exercise jurisdiction over an individual as long as they are served within the state's borders, even if they leave immediately afterwards.
Tag or Transient Jurisdiction
A party cannot argue issues they've already argued in a previous lawsuit
Issue Preclusion or Collateral Estoppel
When solving disputes that do not directly relate to federal law, federal courts must use state substantive law
Erie Doctrine
This doctrine requires someone to be within the range of the inciting incident, a reasonable person to have feared for their own safety, and for them to have subjectively feared for their own safety to recover for emotional harm.
Zone of Danger
The elements of negligence
Duty, Breach, Causation, and Damages
This rule states a pleading is required to state as a counterclaim any claim that, at the time of service, the pleader has against an opposing party if the claim arises out of the same transaction or occurrence that is the subject matter of the opposing party’s claim and does not require adding another party over whom the court cannot acquire jurisdiction
Rule 13(1)(A),Compulsory
Alice was born and raised in Prince George's County, Maryland. In 2023, She moved from Maryland to Pennsylvania for law school. Alice intended to move back to Maryland after law school, but met a boy, named Joey, who seduces her and convinces her Chicago, Illinois is the greatest city on Earth her 2L year. Alice now plans to move with Joey to Chicago after graduation. Alice and Joey have graduated and are currently driving to Illinois from Pennsylvania which will take them through Ohio and Indiana. Unfortunately, they've blown a tire about 30 minutes away from Cleveland. While Alice waits for Joey to change the tire (as a man should) Alice is domiciled in ________.
Maryland
A landowner has a duty to warn this person of any dangerous conditions on the landowner's property if they are on the property with the landowner's permission.
Licensee
One of the factors in determining how much to award in punitive damages is the " degree of reprehensibility." What are the factors to determine the reprehensibility of an action?
1. Physical harm as opposed to economic
2. Indifference or reckless disregard of health or safety of others
3. Target was financially vulnerable
4. Repeated actions or isolated incidents
5. Harm was result of intentional malice, trickery or deceit or mere
Under the doctrine of joint and several liability, all defendants are fully liable for damages no matter how small their contribution to the negligence. In cases where one defendant pays more than they were liable for, they can bring a cross-claim to recover against a codefendant for the codefendant's portion of the fault to make up their own losses.
Contribution or Indemnification
A party with the burden of persuasion on a relevant issue must show _________.
Twombly and Iqbal establish and subsequently expand on this standard of pleading that calls for a claimant to make a complaint that contains enough factual allegations to reasonably infer that the defendant is liable for the alleged misconduct
Plausible Pleading
The factual bases for all 4 Gateway Motions
Dismiss: Does the complaint make plausible allegations that the court can grant relief for
Summary Judgment: Taking the results of discovery and affidavits in the light most favorable to the non-movant party
Standard JMOL: Based on the trial, could a reasonable jury have found in favor of the non movant
Renewed JMOL: Same as Standard