Negligence
True or False? “But-for” causation is required in EVERY action for negligence.
TRUE
What are the intentional torts?
a.False imprisonment b.Battery c.Assault d.Conversion e.Trespass to chattels f.Trespass to land g.IIED
This is a type of liability for which mens reas does not have to be proven in relation to one or more elements compromising the actus reus
Strict Liability
What is a long-arm statute?
A statute which gives states additional power to potentially assert jurisdiction over non-residents for certain conduct.
A complaint must contain these three components.
1) Statement of grounds for subject matter jurisdiction, 2) Short, plain statement of the claim, 3) Demand for relief sought?
What is the term for when two negligent defendants are liable for the entire amount of damages?
Joint and Several Liability
What are the defenses to intentional torts?
a.Necessity b.Consent c.Defense of others d.Defense of property e.Defense of Self
name the Landmark Case which gives us the test on a reasonable person standard for purposes of a Self Defense Justification
People v Goetz
What are the 4 traditional bases of in personam jurisdiction under Pennoyer?
Physical Presence, Domicile, Consent, Agent
What happens if you dont include all Rule 12 motions and defenses in your answer?
you waive them.
What is the exception to negligence per se?
When it is more dangerous to comply with the statute than to violate the statute or the statute has an exception within itself.
What is the "Egg Shell" rule?
a.You take the plaintiff as you find him and you are responsibility for any harm caused by your negligence
even if they were particularly sensitive due to a pre-existing condition
a justification for punishment which uses punishment to create a greater good for compliance with the law and protecting people from victimization Forwards looking → justifies punishment based on good consequences of the future
Utilitarian Justification
What is the test for asserting general jurisdiction under Goodyear
For general jurisdiction, contacts must be so continuous and systematic as to render the defendant at home in the forum state.
Pleadings can be amended once, without leave, within this many days.
21 days
Under the doctrine of Contributory negligence how much can a plaintiff recover if total damages are $1,000 and plaintiff is 10% negligent and the defendant is 90% negligent?
Zero because under contributory negligence a plaintiff cannot recover if plaintiff is negligent.
What is the difference between Trespass to Chattels and Conversion?
Conversion involves extreme harm to chattel or complete deprivation of use by the owner
Name the 5 most common situations where felony murder occurs
BARRK
Burglary, Arson, Robbery, Rape, Kidnapping
State the Holding of International Shoe (Modern Analysis of In Personam Jurisdiction
Due process requires that, to subject a defendant to a judgment in personam, if they are not present within the forum state, they must have minimum contacts such that the suit comports with the traditional notions of fair play and substantial justice.
When a statement is vague or ambiguous, this motion under Rule 12 is appropriate.
12(e) Motion for a more definite statement. (e stands for explain more)
What are the elements of Res Ipsa?
a.(1) the accident is of a type that normally would not occur unless someone was negligent; and b.(2) defendant exercised exclusive control over whatever caused the injury
What are the two types of necessity and define them
a.Public – acting for greater good of the public i.No compensation unless by statute b.Private – acting for own private interest to avoid a greater harm i.Entitled to compensation
What are the common law elements for a heat of passion murder
Extreme assault or battery on ∆ ; Mutual combat ; Sudden discovery of spousal Infidelity; Close relative serious abuse; Illegal Arrest of ∆
EMICA (Emily Might Injure Cheating A**hole)
What is the difference between in personam, in rem, and quasi in rem proceedings
In Personam Jurisdiction: Power of the court to render a judgment against a defendant as an individual.
In Rem Jurisdiction: Power of the court to act with regard to property within its borders.
Quasi In Rem = Hybrid: Attaching property at the onset of the claim to establish jurisdiction. Cause of action can be related or unrelated to the property
In evaluating the evidence for summary judgement, the court must draw all reasonable inferences in favor of this party.