Contracts and Obligations
Prescription on a promissory note
What is 5 years after each installment is exigible?
What are (1) intent to touch in a prohibited way (2) a touching, (3) harm or offense
an act or omission done, with the specific intent to commit a crime, for the purpose of and tending directly toward the accomplishment of the crime.
What is an attempt?
Nerve center test for principal place of business.
Where is the location where decisions are made concerning the command-and-control functions of the Corporation?
A state or federal regulation that retroactively alters criminal law in a substantially prejudicial manner so as to punish a person for past activity.
What is an ex post facto law?
This is when an obligor is liable for their failure to perform occurs. (3)
What is nonperformance, defective performance, or delay in performance?
The only absolute defense to defamation.
What is truth?
Intentional damaging of any property of another, without consent of the owner, by means other than fire or explosion when, when it foreseeable that human life might be endangered.
What is aggravated criminal damage to property?
a party may join as independent and alternative claims, as many claims as the party has against the opposing party
What is Rule 18 Claim Joinder?
A state law or action that discriminates against interstate commerce in favor of interstate commerce is almost always invalid unless it furthers this.
What is a non economic state interest and there are no reasonable alternatives available?
These are measured by the loss sustained by the obligee and the profit of which he has been deprived.
In Louisiana, slip and fall cases are governed by this statute.
What is 2800.6?
This attaches once criminal proceedings have begun and applies at all critical stages of prosecution and prohibits the government from deliberately eliciting a statement from the defendant about the crime of which he is charged without the presence of counsel.
What is the 6th AM RTC?
Permissible defendants in a 1983 claim?
What are state/government officials acting under the color of state law and local government entities or officials?
For there to be a claim under the 14th AM for either procedural or substantive due process or equal protection, there must first be this.
What is state action?
where the parties intend that the contract will produce no effects so it has no effect between the parties.
What is an absolute simulation?
Negligence in LA is evaluated using the duty-risk formulation of negligence. The duty risk formulation of negligence consists of these 5 elements.
What are cause in fact, duty, scope of the duty, breach, and injury?
Two types of seizures are
What are a stop and an arrest?
the federal court will stay the plaintiff’s action until the state court resolves the issue. Depending on the outcome, the federal court will then dismiss the claim or proceed to adjudicate plaintiff’s suit.
What is Pullman Abstention?
Clause that protects against state laws and regulations that burden fundamental rights or that restrict other activities in an arbitrary or irrational way.
What is the substantive due process clause?
the substitution of a new performance or a new cause in place of the original one.
What is objective novation?
In a med mal claim, damages against the defendant are capped at _______and total damages are capped_______ (exclusive of medical expenses) with the amount not paid by the QHCP to be paid by the Patient Compensation Fund, operated by the Division of Administration and funded by fees from QHCPs
What is $100k and $500k?
This forgives both the probable cause and warrant reqirement?
What is consent
This case held that Eleventh Amendment immunity is not extended to defendants sued in their official capacity when seeking an injunction or declaratory relief.
What is Ex Parte Young?
Justiciability principle requiring that the party seeking relief has “alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions." (Baker v Carr)
What is standing?