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Contracts
Torts
Property
Civil Procedure
LWRA
100
This famous Cardozo opinion stands for the proposition that "an omission, both trivial and innocent, will sometimes be atoned for by allowance of the resulting damage, and will not always be both the breach of a condition to be followed by a forfeiture."
What is Jacob & Young v. Kent?
100
Under this rule, the publication of a book, periodical, or newspaper gives rise to only one cause of action for libel, which accrues at the time of the original publication.
What is the single publication rule?
100
In this case SCOTUS held that courts could not constitutionally enforce covenants restricting private property owners' rights to transfer property to persons of color, even though such covenants were lawful as written.
What is the holding of Shelley v. Kramer?
100
This rule permits suit on behalf of a group where the group is so numerous that joinder is impracticable, there are common questions of law or fact, the claims or defenses of the representative are typical of those of the group, and the a named party will adequately represent the interests of absent group members.
What is Federal Rule of Civil Procedure 23, class action?
100
(a) F.3d (b) F. 3d (c) F.3d. (d) F. 3d.
Which of the following is correct and why? (a) is correct because you do not need a space between any two abbreviations when both are a single capital letter. Rule 2.2(a). For purposes of spacing, ordinal contractions are treated as single capital letters. Rule 2.2(e)
200
This is the famous contracts case in which one of the parties was trying to get "the shaft".
What is Hadley v. Baxendale, Court of Exchequer, 9 Exch. 341, 156 Eng. Rep 145 (1854), in which the court articulated the rule for recovery of consequential damages?
200
Incapacity, being a child, fraud.
What are circumstances that toll the statute of limitations in a negligence action?
200
This federal law provides primary support for the rule that the government may not take private property for public use without just compensation.
What is (takings clause of the ) Fifth Amendment to the United States Constitution?
200
This pre-trial procedure pierces the pleadings and requires parties to put forward evidence in support of their claims or defenses which demonstrates a genuine dispute of material fact.
What is summary judgment or Federal Rule of Civil Procedure 56?
200
Steel at 924-5. [NOTE: There are three things wrong – you must name all three to get credit.] What is wrong with this short citation?
What is There needs to be a comma after “Steel.” There needs to be the reporter volume number and name before “at” (ex. 971 P.2d) and when you have a page span, you must retain two numbers on the right side (ex. 924-25).
300
This is the standard by which the sufficiency of a party's performance is measured in sale-of-goods contracts in Georgia.
What is the U.C.C. Article 2's perfect tender rule? (Or: What is U.C.C. Section 2-601?)
300
This rule provides that a defendant is liable for all injuries when unforeseeable consequences follow from a physical injury to the plaintiff caused by the defendant’s negligence, even if a pre-existing condition makes plaintiff’s injuries greater than would be expected.
What is the thin skull rule?
300
Knowingly and deliberately misrepresenting a material fact with the intent of deceiving another party into relying on the statement to the other party's legal injury.
What is fraud?
300
This rule and procedure provides an opening win-win in a lawsuit by relieving the plaintiff of the expense and obligation of formal service and providing the defendant with more than twice the time otherwise permitted to file an Answer.
What is waiver of service under Federal Rule of Civil Procedure 4(d)?
300
What is wrong with this citation and why? Craig v. Boren, 429 U.S. 190, 197 (U.S. 1976).
What is You do not need the court abbreviation in the parenthetical here because it is clear what court decided the case from the reporter abbreviation. If it were not clear from the reporter abbreviation, then you would need the court.
400
Intentional relinquishment of a known right
What is a waiver?
400
Special relationships, instrumentality under the defendant’s control, undertaking plus detrimental reliance.
What are exceptions to the no duty to rescue rule?
400
Changed circumstances and relative hardship are defenses to the enforcement of this type of promise regarding real property.
What are covenants?
400
These pleadings in a federal action do not require the court’s permission to file.
What is a Complaint, an Answer, and a Third-Party Complaint? [Their answer may also include a Counterclaim and a Crossclaim, but FEDERAL RULE OF CIVIL PROCEDURE 7 implicitly treats these as different types of Complaints.]
400
two examples of when the abuse of discretion standard of review would apply.
What is courtroom management and discovery issues for example. Other examples: admissibility of evidence, decisions on nondispositive motions, objections, etc.
500
The process of transferring a right to a performance
What is an assignment?
500
Actual knowledge of a particular risk, appreciation of the magnitude of the risk, and voluntary encountering of the risk.
What are the elements of implied assumption of risk?
500
“No conveyance of an interest in real property shall be valid against third parties unless it is recorded” is an example of this type of recording statute.
What is a race statute?
500
This common post-verdict motion can be brought only as a renewal of a motion made before the verdict was rendered.
What is a FEDERAL RULE OF CIVIL PROCEDURE 50(b) motion for judgment as a matter of law?
500
Logos, pathos, and ethos. Logos refers to persuading through logic and rational argument. Pathos involves persuading by appealing to the audience’s emotions. Ethos refers to persuading by establishing credibility in the eyes of one’s audience.
What are the three general means of persuasion recognized by classical rhetoricians and what does each involve?