Leg Reg
Name the four types of statutory interpretation
Pragmatism , Purposivism , textualism, dynamic interpretation
What is the apprehension of imminent harmful or offensive contact that is intentionally cause by the defendant?
Assault
What type of contracts does the UCC govern?
Goods
Which Rule authorizes a defendant to plead a counterclaim that is not transactionally related to the plaintiff’s claim(s) against the defendant?
Rule 13(b).
Contract- Name the rule that specifies acceptance has to be on the exact terms that has been offer
Mirror image rule
What part of the Constitution gives Congress their authority?
Vesting clause
Article I, Section 1
What is negligence?
Having duty, breach, factual causation, proximate causation, damages.
A man offered to sell his motorcycle to his neighbor for $10,000. The neighbor was interested but wanted additional time to think about it. The man promised his neighbor that he would leave the offer open for a year.Is the man legally obligated to leave the offer open for a year?
No, because there is no consideration.
What part of Conley v. Gibson did Bell Atlantic v. Twombly overrule?
The principle that a claim should not be dismissed unless the plaintiff “can prove no set of facts” to support his claim.
Two plaintiffs sue one defendant for a car accident in which both plaintiffs were injured. One of the plaintiffs also happened to have lent the defendant money. May that plaintiff add a claim for repayment of the debt?
Yes, under Rule 18(a).
How do you end a filibuster?
End with cloture vote/ need 67 votes
Two college students, A and B, were out drinking heavily one night. A third college student, C, who knew the drunk students watched as A and B passed out. C drove B to B’s house and left B there. After doing this C thought it would be a great idea to drop the unconscious A on some random stranger’s lawn. C pulled up next to an unfenced yard and dragged A onto the lawn. The next morning the irate property owner woke A up and asked A to leave. Did A and/or C trespass?
Only C trespassed
A woman was looking for someone to trim the hedges around her house. She placed an advertisement stating that she would pay $300 for the job. A gardener responded by text that he would be willing to do the job for $400. The woman never replied. The next day, the gardener was in the woman’s neighborhood and decided to stop at her house. The woman was sitting in her front yard reading a book. The gardener got out his tools and began trimming the hedges while the woman silently watched.
Is there a valid contract between the woman and the gardener? And if so for how much?
There is a valid contract to trim the hedges for $400 that the woman accepted by remaining silent while the gardener performed.
Rule 26(a):
-mandates disclosure of certain material.
-. Rule 26(a), labeled “Required Disclosures,” tells parties what they must disclose, even without a discovery request from another party.
Charles is a guest in Heights Hotel. The bathroom in the hotel includes a shower, which is protected by a sliding door made of ordinary glass. While taking a shower, Charles trips and falls on the glass door, causing it to shatter. The shards of glass cut Charles causing serious injuries. It is a standard practice among hotels to use shatterproof, safety glass rather than ordinary glass at shower enclosures. In a negligence action brought by Charles against Heights Hotel, what effect, if any, will Hotel’s departure from the industry custom have on Hotel’s negligence?
Heights Hotel’s departure from this custom is evidence of its negligence.
Which case addressed the executive authority power to remove executive officials?
Myers
Hiker was hiking in the woods. As hiker approached a bend in the path a large tree branch snapped, hitting hiker and sending her airborne for about 30 yards. She landed relatively unhurt but in the process was thrown over the unmarked property line of landowner, landing on landowner’s land damaging some shrubs. If landowner sues for trespass to land, will landowner win or lose?
Hiker will win because her entry onto landowner’s property was not volitional.
- The entry onto the land was non-volitional. Intent requires a volitional or voluntary act to bring about a tortious result. Here there was no volitional act on the part of the hiker to enter the landowner’s property.
Can a contract still be enforced even if one of the parties make a unilateral mistake in interpreting the argument?
Which case addressed this?
Yes,Ray v. Williams G. Eurice & Bros., Inc
Under what circumstances is permission of a judge (or the opposing party) needed for a party to amend a complaint?
-If the amendment is not made within 21 days of service of a motion or an answer.
-If the complaint has already been amended as a matter of course.
Who has the burden of showing that electronically stored information (ESI) is not reasonably accessible?
-Using which rule
-The responding party
Rule 26(b)(2)(B) states that “the party from whom discovery is sought” (the responding party) “must show that the information is not reasonably accessible.”
Name two approaches discussed about presidential power in Youngstown v. Sawyer
List all methods of Breach
Unstructured /Basic Breach
Structured / learn & hand method
Custom
Res Ispa loguitur
Negligence per se
Notice & opportunity to cure
How is the power of acceptance terminated?
Give 3 examples
Counteroffer
Revocation
Through time lapse
Does the Twombly and Iqbal pleading standard apply to the defendant’s pleading of an affirmative defense?
A. Yes
B. No
C. Sometimes
C. Sometime, depends on the court .
Footnote 8 of GEOMC and Note 1 on p. 78 demonstrate that courts are divided on this question. Thus, whether Twiqbal applies depends on the court in which the answer is filed.
If you receive a discovery request that you think is disproportionately burdensome, what motion should you think about making?
A motion for a protective order under Rule 26(c).