1L Final review! (2)

Civ Pro

100

A civil action begins when the plaintiff files a complaint with the court

FRCP 3

200

This standard requires a complaint to state a plausible claim rather than a conceivable one. 

the Twiqbal test

300

This rule governs permissive joinder of multiple plaintiffs or defendants for claims from the same transaction or occurrence 

FRCP 20

400

this rule determines whether a case can proceed without an absentee party 

FRCP 19

500

Prerequisites of class actions

FRCP 23(a)

Numerosity, commonality, typicality, adequacy

Property

100

This future interest requires the grantor to take affirmative action to regain possession after breach of a condition

a right of re-entry

200

This estate can only be held by married couples, includes survivorship, and cannot be unilaterally conveyed

tenancy by the entirety

300

This doctrine limits life tenants by preventing voluntary, permissive, or ameliorative actions that would harm the value of the property

doctrine of waste 

400

This modern doctrine presumes that ambiguous conveyances give this estate (rather than a life estate) as in White v. Brown

What is the presumption of fee simple

500

This present possessory state is potentially infinite, freely alienable, devisable, and descendible and is created by the words, "to A and her heirs."

Fee simple absolute

Contracts

100

This famous case clarified that consideration exists when the promisor asks something -- anything -- in exchange, regardless of its objective value

Hamer v. Sideway

200

This type of online contract requires a user to affirmatively click "I agree," making it the strongest and most enforceable form of electronic assent

clickwrap agreement

300

This case held that oral contracts for goods can be enforceable even with essential terms left open, as long as conduct shows agreement.

Jannusch v. Naffziger

400

these damages differ from incidental damages because they include the buyer's losses stemming from reliance on the seller's knowledge of their needs

consequential damages

500

Under this UCC section, a merchant's signed assurance to keep an offer open is binding even without consideration, but only for up to three months

UCC §2-205 (Firm Offers)

Torts

100

The elements of Battery

Act

Harmful OR Offensive contact

Intent

Causation 

Element of Consent

200

This form of actual causation asks whether the harm would have occurred in the absence of the defendant's actions 

Actual Causation (But-for causation)

300

This rule says a defendant must take a plaintiff as they find them, even if the injuries are more severe than expected

Eggshell rule

400

This doctrine protects people who render reasonable assistance in emergencies from liability 

Good Samaritan Law 

500

This test give the elements for liability to bystanders for NIED which are: (1) proximity/closeness to the accident (2) whether the shock resulted from a direct emotional impact (perception from the observance of the accident compared to learning about it later) (3) manifestation of emotional distress through observance 

The Dillon test

Civ Pro

100

This rule lists all allowed pleadings, including complaints, answers, and third party complaints

FRCP 7

200

This rule requires heightened pleading for fraud, mistake, and special damages

FRCP 9

300

This rule allows a party to assert as many claims as they have against an opposing party, regardless of relation

FRCP 18

400

This rule determines whether a case can proceed without an absentee party

FRCP 19 (required parties) 

500

These disclosures, including witnesses, documents, damages, and insurance are due 14 days after the discovery meeting

initial disclosures under rule 26