Criminal Law
When a social harm is done, there must be a voluntary act, cuplable mind and this
What is concurrence of the act and mens rea
This type of contract is a one sided agreement where one party makes a promise in exchange for the other party's performance of a specific action.
What is a unilateral contract
This tort occurs when someone takes dominion over an item and that item becomes either lost/taken/damaged
What is Conversion
§1332 allows for this type of jurisdiction when a case is between citizens of different states, and damages exceed $75,000
What is Diversity juriscition
Rather than making an offensive contact with a person, snatching or taking something from someones possesion can be a sufficient for committing this tort
What is battery
Reflexes, bodily movements while asleep, and conduct during hypnosis are considered this
Involuntary acts
UCC applies when we deal with these types of contracts
What is sale of goods
For there to be assault a person must be in this type of apprehension
What is imminent
The two places of citizenship for corporations
What are the state of incorporation and the principle place of business
Arbitration clauses and Disclaimer of warranties are considered this type of term when trying to be an additional term in a merchant V. Merchant contract
What is a materially altering term
Breaking and entering with the intent to commit a felony are the elements for this crime
What is burglary
Under this contract rule an acceptance can include additional terms without preventing contract formation
What is UCC 2-207
This defense of a tort occurs when you trespass during an emergency
Under §1446(a) A notice of removal containing a statement of the grounds of removal must be filed within this many days
What is 30 days after the receipt by the defendant through service or amended terms
Waiving or surrendering a legal right is considered this
What is a legal detriment
When someone desires or is substantially certain a result will occur they have this type of intent and this type of mens rea (2 part question)
Specific intent and purposefully
Mutual benefit(like getting rid of Aggrite as to not have to dispose of it) is a type of this
What is consideration
This occurs when someone attempts to commit a tort on someone and does it against an unitended person
What is transferred intent
Under §1441(a) Civil action brought in state court of which the district courts of the U.S. have original jurisdiction may be ___ by the defendant to the district court of the U.S.
What is removed
These are 5 ways you can be liable for not acting
Special relationship-Wife, kids
Contracted to act certain ways-Caretaker
Statutory duty to act- pay taxes
Defendant creates risk of harm to victim
Defendant voluntarily assumes care of a person
At common law this type of mistake can negate liability from satisfying an element of a GENERAL intent crime
What is an honest and reasonable mistake
These rules are the exceptions to additional terms being automatically added to a contract between two merchants.
What is 2-207 2a-2c
To commit the tort of infliction of emotional distress, ones conduct must be this
What is extreme/outrageous
To serve someone with constructive notice, you must do these two things
What is Publicate and attach the land
§1367 allows for this type of jurisdiction for federal courts when a claim arising from state statute is added to a case with a claim arising from a federal statute
What is supplemental jurisdiction