Civil Procedure
These actions must be taken within X days of being served: (1) answering a complaint, (2) amending a pleading once as a matter of course, and (3) responding to a Rule 12 motion with an amended pleading.
What is 21 days?
This requires (1) a clear promise, (2) reasonable and detrimental reliance, and (3) enforcement necessary to prevent injustice.
What is promissory estoppel?
This doctrine allows a plaintiff to recover in full from any negligent defendant when multiple causes combine to produce a single, indivisible injury, even if each defendant acted independently.
What is joint and several liability?
This gives a lender rights in collateral when (1) value is given, (2) debtor has rights in the collateral, and (3) there is a security agreement.
What is attachment?
These hearsay exceptions require X in order to apply: statement against interest, dying declaration, former testimony, and statement of personal or family history.
What is an unavailable declarant?
This doctrine instructs federal courts to apply state substantive law and federal procedural law in diversity cases.
What is the Erie Doctrine?
This doctrine allows enforcement of a contract lacking a bargained-for exchange if one party received a material benefit and retention would be unjust.
What is material benefit rule (quasi-contract)?
This type of causation requires that the harm would not have occurred “but for” the defendant’s conduct.
What is actual (or factual) cause?
This is achieved by filing a financing statement or taking possession or control of the collateral.
What is perfection?
This exception applies when a declarant makes a statement under belief of impending death concerning the cause or circumstances.
What is a dying declaration?
This allows a party to bring in a third party who may be liable for part or all of the plaintiff’s claim against them.
What is impleader (Rule 14)?
This bars a party from enforcing a term in a contract if their conduct caused the other party to reasonably believe the term would not be enforced.
What is waiver or estoppel?
Under this doctrine, the plaintiff must show that all defendants were negligent, one caused the injury, the exact cause is unknown, and all possible tortfeasors are before the court—shifting the burden of proof to the defendants.
What is alternative liability?
This interest has super-priority if perfected within 20 days of the debtor receiving the X [type of goods].
What is a purchase money security interest (PMSI) on inventory?
This rule allows a prior inconsistent statement to be admitted for its truth if it was made under oath at a prior trial, hearing, or deposition, and the declarant now testifies and is subject to cross-examination.
What is a prior inconsistent statement under oath?
This requires (1) a common nucleus of operative fact and (2) that the court already has original jurisdiction over at least one claim.
What is supplemental jurisdiction?
This UCC rule requires a signed writing for a contract of $500 or more unless an exception applies.
What is the Statute of Frauds (UCC § 2-201)?
This defense bars/decreases recovery when a plaintiff voluntarily and knowingly assumes a specific risk.
What is assumption of risk?
This rule determines which perfected security interest has priority.
What is first-in-time rule (first to file or perfect)?
This impeachment method challenges a witness’s ability to perceive or remember events.
What is sensory or mental defect?
Parties must, without awaiting a discovery request, disclose the names of individuals likely to have discoverable information, copies or descriptions of documents they may use to support their claims or defenses, a computation of damages claimed, and applicable insurance agreements.
What are the required Rule 26(a)(1)(A) initial disclosures?
This doctrine discharges duties when a party’s principal purpose is substantially frustrated without their fault.
What is frustration of purpose?
This allows employers to be held liable for employee torts committed within the scope of employment.
What is respondeat superior or vicarious liability?
This occurs when the secured party keeps the collateral in satisfaction of the debt, if the debtor consents.
What is strict foreclosure?
Under impeachment rules, bias and prior inconsistent statements may be proven with X evidence, but X evidence of specific instances of conduct is generally inadmissible except when showing bias, contradiction, or dishonesty.
What is extrinsic evidence?