Obligations
Define obligation of result v. obligation of means
Obligation of result is when the performance or object of the obligation must lead to a definite result
Obligation of means is when the obligor is expected to use best possible means to attempt performance
What are the categories of things (basic division of things)
448: things are divided into common, public, private
- corporeals and incorporeals
- movable and immovable
What are the 4 things in which the 4A EXPLICITLY protects a person's privacy interests from unreasonable searches and seizures
the right of the people to be secure in their persons, houses, papers, and effects
What article lays out the powers of Congress?
Art. 1 section 8
What are the two ways to get SMJ?
Diversity (1332)
What article requires that there be good faith?
1759: all obligations have a good faith requirement --> duty to act honestly/ attempt to create a requirement of a cooperative relationship
- bonus 200 pts if you can name at least 6 of the factors
1) state v. 2 O'Clock Bayou
2) Burns v. Crescent Gun and Rod Club
3) Amite Gravel and Sand
What rule do we get from RAKAS v. ILLINOIS
Fourth Amendment rights are personal rights - only your person not others
- have to show it was your 4A rights that were infringed upon
What are the 5 general categories for interpretation?
1. Text
2. Structure
3. Framers Intent
4. Precedent (legal v historical)
5. Policy
What are the three kinds of pleadings? (rule 7)
complaint, answer, and reply
What is the effect of a natural obligation?
a) unenforceable by juridical act
b) what is given in compliance with a natural obligation cannot be reclaimed
What is the seaways test - defines a building/ other construction (4 factors)
1. Size
2. Cost
3. Materials
4. Purpose
What is the test set out by KATZ (hint - there are two steps)
1. did the person believe they had a right to privacy (subjective)
2. is that belief something society is ready to recognize as reasonable (objective)
What are the 3 constitutional requirements for standing and the 2 (really 3 but dev didn't teach 1) prudential requirements?
Injury in fact
Causation
Remedy/ Redressability
Generalized Grievances
Third-Party Standing
(Zone of interest)
What are the waivable defenses (rule 12)
- you have to name them in order to get the points
2-5
lack of IPJ
Improper Venue
Insufficient process
Insufficient Service of Process
What are the elements of fraud
1. misrepresentation/ suppression of the truth,
2. made with the intention to obtain unjust advantage OR cause a loss to the other party
Explain the conflict of 463 v. 465
the police can be said to have seized an individual only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave
What are the limits the court set on the commerce clause and what cases do they come from
Has to be commercial/economic in nature (Lopez and Morrison)
Congress cannot force people/ create commerce in order to regulate it (Sebillus)
What is the requirement to amend a pleading as a matter, of course,/ before trial
It has to be within 21 days of service
Define and contrast joint, solidary, and several obligations
Several Obligations: multiple obligors owe a separate performance to one obligee/ one obligor owes a separate performance to multiple obligees (each bound for indiv. share)
Joint obligations: several obligors together owe a performance to the obligee/ an obligor owes one performance intended to benefit multiple obligees (owe together but none are liable for the whole)
Solidary: each obligor is liable for the whole performance; performance by one relieves the others/ when each obligee has the ability to demand the whole performance (all liable for whole)
What are the elements of 10-year AP AND what article gives the elements?
- 200 pts if you only get the elements and not the article #
Art 3475: the requisites for the AP of 10 years are: possession of 10 years, good faith, just title, and a thing susceptible of acquisition by prescription
What was the holding of Carpenter (what was the evidence in question and was it excluded? If it was, why?
A person has a constitutionally protected interest in cell phone records when the search of the records extends past 7 days
- the fact that the indiv continuously reveals his location to his wireless carrier implicates the third-party principle
What is the limit on Congress's spending power?
Cannot Coerce: Congress can compel but cannot coerce states into participating in a federal program.
When does 1367(b) take away supplemental jurisdiction?
Takes away supplemental jurisdiction in diversity cases for claims by plaintiffs against persons made parties under Rule 14 (Third-party practice), 19 (Required Joinder of Parties), 20 (Permissive Joinder of Parties), & 24 (Intervention).