Civ Pro (booooo)
claim joinder
a party may join as many claims as they have against an adversary, regardless of whether those claims are connected (assuming there is jx)
common law burglary
1 - breaking
2 - entering
3 - the dwelling
4 - belonging to another
5 - at night
6 - with the specific intent to commit a felony inside
felony murder
- killing committed while committing an inherently dangerous felony (BARRK)
- agency theory
- when a cofelon is killed by police:
majority: dfd not guilty of FM
minority: dfd maybe guilty of FM
UCCJEA
ct has jx to issue an initial custody order if there is:
home state jx
significant connection jx
appropriate connection jx
civ pro standards of review
Q of law --> de novo
Q of fact --> clear error
case mgmnt --> abuse of discretion
SJ: other side failed to present sufficient evidence demonstrating a genuine issue of material fact for trial, and JMOL is proper
JMOL: there is a legally insufficient basis from which a reasonable jury could find in the nonmovant's favor
4 unities for Joint Tenancy
1 - possession
2 - time
3 - title
4 - interest
relevance
material - related to an issue of consequence
probative - has a tendency to make a fact more or less likely
attachment & perfection
For a security interest to be enforceable against a debtor, the interest must attach to the collateral.
Attachment: (1) secured party gives value, (2) debtor has rights in collateral, AND (3) authenticated security agreement
Perfection of a security interest gives the secured party greater rights than third parties in collateral.
Perfection: (a) filing a financing statement, (b) possession, (c) control, OR (d) automatic PMSI in consumer goods
Private vs public nuisance
private nuisance: an activity that substantially and unreasonably interferes w another's use and enjoyment of their property
public nuisance: an unreasonable interference w a right common to the public as a whole
traditional vs statutory interpleader
statutory: minimal diversity & AIC $500+
convenants of general warranty deed
present covenants: (1) seisin, (2) right to convey, and (3) against encumbrances
future covenants: (4) quiet enjoyment, (5) warranty, and (6) further assurances
property - shelter rule
The shelter rule protects a person who takes from a BFP that was protected by a recording act (even if the taker is not a BFP and would not normally be protected)
creation of a trust
1 - intent
2 - res
3 - purpose
4 - ascertainable beneficiaries
exclusionary rule exceptions
knock & announce violation
inevitable discovery
independent source
intervening events causing attenuation in causal chain
good faith
negligence (kind of)
when are interlocutory appeals allowed
- trial ct granted/denied injunction
- class action certification by lower ct
- lower ct certifies something
- bankruptcy
- mandamus
- collateral order doctrine
new term controls under UCC
1 - both parties are merchants
2 - new term does not materially alter deal
3 - initial offer did not expressly limit acceptance to its terms
4 - O does not object within a reasonable amount of time to the new term
Brady evidence
wills - incorporation by reference
1 - will refers to separate doc
2 - doc exists when will is executed
3 - testator intends to incorporate the doc into the will, AND
4 - doc is sufficiently described such that it can be identified
categories of lesser protected/unprotected speech
Obscenity
Incitement
Fighting words/threats
Defamation
Commercial speech/advertising
impleader rules
When D impleads a third party D, P can assert a claim against 3rd party D only if:
1 - claim arises out of same TA/O as original claim
2 - claim satisfies SMJ on its own
Even if there is a common nucleus of operative fact, supplemental jx over P's claim against 3rd party D is barred if:
1 - claim is made by an existing P against a D added thru joinder, intervention, or impleader
2 - adding 3rd party does not destroy complete diversity
Daubert (expert witness qualification)
Expert witness testimony is admissible if it regards a subject that is scientific, technical, or specialized, and will assist the trier of fact.
1 - expert is qualified by knowledge, skill, experience, training, or education
2 - expert's testimony is based on sufficient facts or data
3 - expert's testimony is based on reliable principles and methods
4 - expert will apply principles and methods reliably to facts of the case
limits the power of states to legislate in ways that impact interstate commerce. If Congress has not enacted legislation in a particular area of interstate commerce, state can regulate as long as it does NOT:
1 - discriminate against out of state commerce
2 - unduly burden interstate commerce, OR
3 - purposefully regulate wholly out of state activity
types of authority & how created
Actual express: created by oral or written words; clear, direct, and specific language; or detailed terms & instructions. An express manifestation of P's intent, which causes A to reasonably believe that A is doing what P wants.
Actual implied: created by custom, position, or acquiescence. A reasonably believes that they are doing something necessary, proper, and usual to achieve P's objective.
Apparent: words or conduct causing a 3rd party to reasonably believe that A had authority to act on P's behalf.
shareholder approval