Civ Pro
What FRCP states failure to state a claim upon which relief can be granted?
What is FRCP Rule 12(b)(6)?
A bargained-for exchange of promises, performances, or both. The exchange is bargained for if each party’s promise or performance induces the other’s.
What is consideration?
Principle was established in Marbury v. Madison?
What is Judicial Review?
Elements of Adverse Possession
What is "Continuous, Hostile, Open & Notorius, Statutory Period continuance?"
A plaintiff, a citizen of Ontario, Canada, sues a defendant, a citizen of State A, on a note for $80,000 in federal court in State A.
On what basis does the federal court have subject matter jurisdiction?
What is Diversity of citizenship (75,000+)?
Under what circumstances can an advertisement constitute a valid offer?
What is "an ad that states (1) material terms that are (2) clear, definite, and explicit, (3) is reasonably understood to invite acceptance by public, (4) and leaves NOTHING open for negotiation?"
Justiciability limits on judiciary include the following. . .
What is Ripeness, Advisory Opinions, Mootness, Political Question, Standing (RAMPS)?
An interest in land that affords its holder the present right to possess real property
What is a present estate or present possessory estate?
The plaintiff, a citizen and resident of the District of State A, is planning to sue the defendant, a citizen and resident of Germany who was visiting relatives in the District of State A, for personal injuries the plaintiff suffered when the defendant pushed him off a ski lift in State B. State B also has only one federal court district.
In which district or districts may the defendant be sued?
What is the District of State B?
Elements necessary for doctrine of promissory estoppel to apply?
What is the (1) promisor made a promise, (2) promisor had a reasonable expectation that the promisee would act or forbear from acting in reliance on the promise, (3) promisee did in fact act or forbear from acting in justifiable reliance on the promise, (4) promisee suffered economic loss as a result of that reliance, and(5) enforcement of the promise is necessary to avoid injustice. Or kinda close . . . ?
A hairdresser who applied for a job in another state discovered that the state charged nonresidents twice as much as residents for licenses. The hairdresser sued the state, claiming the licensing fee structure violated the Privileges and Immunities Clause. While the case was pending, the state changed its licensing fees to make resident and nonresident fees the same. The hairdresser obtained a license and began working in the state. Counsel for the state argued that the case should be dismissed.
On what grounds will the case most likely be dismissed?
What is "the case is moot "?
The three rights are afforded to the holder of a present estate
What is the right to use, transfer, and exclude others from their property?
A resident of the District of State A properly brought a diversity action in federal court against a resident of the District of State B and a resident of the District of State C for a cause of action that arose from events that occurred in the District of State D.
In which judicial districts is venue proper?
What is the District of State D?
Under common law, the parties must both give _______________ to validate the modification of a contract.
What is new consideration?
Within a year of the president of the United States appointing him to the U.S. Supreme Court (with the advice and consent of the Senate), a justice was cited three times for driving while under the influence of alcohol. The justice refused to seek treatment for alcohol addiction, even after the president urged him to do so.
How may the justice be removed from the U.S. Supreme Court?
What is impeachment?
A father executed a deed to his art gallery “to my daughter for her life, and on my daughter’s death to her children; provided, however, that if my daughter stops painting, to my brother.” The daughter has two children and is still painting.
At the time of the grant, what is the best description of the interest of the daughter’s two children?
What is a vested remainder subject to open and to total divestment?
You are an in-house counsel for an insurance company. One of its life insurance policyholders has recently passed away and each of his three children claims the right to the proceeds from the policy.
Which type of action would you bring on the insurance company’s behalf?
What is an interpleader action?
A carpenter noticed that the handrail on his neighbor’s deck was rotting. The carpenter called the neighbor and offered his services to repair the handrail the following Saturday for $100. The neighbor responded, “I accept, but my old college roommate is visiting on that Saturday. The work needs to get done on Friday.”
What is the legal status of the carpenter’s offer?
What is terminated by neighbor's counteroffer?
A federal district court dismissed a plaintiff’s action on the ground that it failed to allege either a past injury or a threat of real and immediate injury.
In light of this finding, on which justiciability doctrine could the court’s dismissal be based?
What is standing, ripeness, and/or mootness?
A landowner included in his will a provision giving “all of my property, both real and personal, wherever situated, to my widow for life, and after her death to any of our children who may survive her.”
What is the gift to the children?
What is a contingent remainder?