Civ Pro
Rule 3
A civil action is commenced by filing a complain with the court.
2:201 Merchant's exception
Subsequent confirmation in writing and recipient has reason to know of its contents satisfies the requirements of subsection 1 unless written notice of objection to its contents is given within 10 days after it is received (waives signature requirement, not quantity requirement)
Everyone owes an ordinary duty of care not to cause foreseeable harm to others.
Best known as broadway's most iconic leading man, better known by some in this group for being gorgeous.
Jeremy Jordan
Please state the wildest quote by any professor. Impressions are encouraged.
Judge chooses based on vibes. :)
Rule 12(b)
Every defense to a claim for relief in any pleasing must be asserted in responsive pleading if one is required. But a party may assert the following defenses by motion: (1) lack of subject matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficient process, (5) insufficient service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19.
Exclusive dealings agreement imposes an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to sell.
2:306(2)
Importance of Demag v. Better Power Equipment
Changes the standard so both invitees and licensees were owed reasonable care.
Best known for Evita, Gypsy, Anything Goes, and a scandal earlier this year. She's never afraid to say exactly what she's thinking.
Patti LuPone
7th Amendment
In suits at common aw, where the value in controversy shall exceed $20, the right of trial by jury shall be preserved.
Importance of Twiqbal duology
Established that, under Rule 8, complaints must have enough factual basis, absent any legal conclusions, to establish the plausibility of the claim. Promises its not created a probability test, but also requires that the claim is more likely than other reasonable conclusions.
-it is reasonable to suppose that the defendant submitted its bid to obtain the contract
-Where it is reasonable for the offeree to rely on an offer, even though it doesn't become binding until acceptance, and it is foreseeable they will suffer detriment until it is revoked, it is binding for a reasonable amount of time.
Drennan v. Star Paving
Compliance with custom is probative of ordinary care, not dispositive (not to be used for professional malpractice cases). Establishes a cost benefit analysis test for the protection/safety feature in question.
TJ Hooper
Made his broadway debut in Sweeney Todd as Tobias Ragg in 2024, now stars in Clarkton on the West End.
Joe Locke
Which DWTS non-winner danced to Ain't No Sunshine for their iconic freestyle?
Milo Manheim
If feasible, a party must be joined if: (A) in that person's absence the curt cannot accord complete relief among existing parties; or (B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person's ability to protect that interests of leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of interest.
Rule 19(a)
-Mistake is material
-would be unconscionable to enforce the contract
-mistake didn't violate a legal duty and wasn't the result of negligence
-whether the party to whom the offer is made would be prejudiced
-whether they gave prompt notice of the error (before performance)
No affirmative duty to protect gives the police immunity from most negligence cases. Rationale is that to allow liability would inevitably determine how limited police resources should be allocated, so it's better if police have no duty to protect absent affirmative undertakings but the plaintiff. Acid throwing case.
Riss v. NYC
Sings Wild Child, Man of the House and Old Therefore. Spent their first paycheck on Starbucks for their entire lunch table.
Rachel Zegler
On circe's island, what iconic event happened to Percy Jackson that had us all squeaking with laughter?
He was turned into a guinea pig (bonus, even as a guinea pig bro was down bad for annabeth)
Rule 65(a)
The court may issue a preliminary injunction only on notice to the adverse party. The court may advance the train on the merits and consolidate it with eh hearing. Security required.
UCC 2:207; A consumer who buys a product is making an offer that is accepted by processing the payment. If additional terms continue after that, they must be expressly accepted by consumer. Usually, it is requires that there is accessible notice of terms at the time of the agreement. Computer sale case.
Klocek v. Gateway
Defendant was held liable for another person's actions based on their employer/employee relationship. Navy was liable for an off base accident caused by a sailor's drinking because drinking was "in the line of duty" (aka characteristic of employment)
Taber v. Maine
One of the most celebrates Musical Theatre Goddesses of all time, seriously give her the EGOT already. She originated in My Fair Lady, but she's also a previous Queen of Genovia.
Julie Andrews
Name and describe the facts/holding of the most out of pocket case from any of our classes.
Judge Chooses based on vibes!