Order in the Tort!
In this tort, the tortfeasor acts with intent to cause harmful or offensive contact to another.
What is battery?
A corporation is found to have its Principal Place of Business through this test.
What is The Nerve Center Test?
These are requirements for what part of a contract?
1. Be communicated 2. Sufficiently certain & definite terms 3. A manifestation of the offeror's intent to be bound
What is an offer?
Tom leaves some scrap metal in his front yard after cleaning out his garage. Fiona, Tom's nieghbor, sees the scrap metal and takes it home. Fiona makes jewelry out of the scrap metal and sells it at a yard sale. Tom claims that he has a right to the jewelry. What gives Fiona greater rights to the metal?
What is the Law of Accession?
A court lacking this type of jurisdiction must dismiss the case even if neither party objects.
What is subject matter jurisdiction?
There are 4 main defenses brought in an intentional tort action. Which one applies to merchants?
What is shopkeeper's privilege?
Peter (Alabama) sues Dan (Florida) for these claims.
- Breach of Contract $20,000
- Property Damage $60,000
- Battery $10,000
What, if any, federal jurisdiction exists?
What is Diversity Jurisdiction?
The governing law for a contract for goods and services is determined by what test?
What is The Predominant Purpose Test?
Susan leaves her coat at a coat check at a nice restaurant downtown. She expects to receive her coat at the end of the night. What kind of possession does this represent?
What is Bailment?
This concept describes the collection of legal rights that property owners may possess, including the rights to possess, use, exclude others from, and transfer property.
What is bundle of sticks (rights)?
This formula was developed to determine whether a breach of duty occurred.
What is the Hand Formula?
i.e. B<PL = negligence
This notice regarding venue must be filed by the defendant within 30 days of receiving the initial complaint.
What is a Notice of Removal?
This rule of acceptance is abandoned by the UCC.
What is the Mirror Image Rule?
An adverse possession claimant must prove what elements other than the required statute of limitations?
Bonus $100 for a definition of each element!
What are Actual, Notorious, Open, Continuous, Hostile, and Exclusive possession?
Cases involving federal statutes, treaties, or the U.S. Constitution may be heard under this type of jurisdiction.
Whats is federal question jurisdiction?
This doctrine of necessity creates a rebuttable presumption of negligence.
What is Res Ipsa Loquitur?
Paige sues David in federal court for a claim under the ADA and also brings an IIED claim. What gives the federal court the authority to hear both claims?
What is Supplemental Jurisdiction?
A contract by conduct in which only the terms that are agreed to in both writings become part of the contract.
What is the Knockout Rule?
Olivia purchased a 25-acre parcel of rural land from Martin. Martin gave Olivia a deed that appeared valid on its face, and Olivia promptly recorded it. Believing she was the rightful owner, Olivia built a fence around the property, paid property taxes each year, posted "No Trespassing" signs, and regularly maintained the land. A title search revealed that Martin never actually owned the property. Twenty years earlier, the land had been left to Martin's sister, who never transferred it to him. As a result, the deed from Martin to Olivia was legally defective and did not convey valid title. Assuming the statute of limitations has been met, what action of adverse possession would Olivia bring?
What is Color of Title / Right?
This fast track to breach requires that a statute be in place that is designed to protect against the harm or injury which has occurred.
What is negligence per se?
A reasonably prudent standard of care supersedes the subjective intent of ____ _____.
What is industry custom?
Doug set fire to a building jointly owned by Penny and Paul, causing its complete destruction. The building was worth $100,000. Penny and Paul wish to bring a diversity action against Doug in federal court. How should the value of the building be treated when determining whether the amount-in-controversy requirement is satisfied?
What is a common undivided interest?
What are the three exceptions to the possible additional terms for transactions between merchants?
1. The offer is expressly limited
2. The term "materially alters" the offer
3. There has been a timely objection to the terms
Rights of possession are hierarchical. Put these labels in order from highest rights to lowest rights:
Owner of Locus in Quo, Prior Possessors, True Owner, Finder
What is True Owner, Prior Possessors, Finder, Owner of Locus in Quo?
This type of contract allows an offeree to accept the underlying offer during a specified period, even if the offeror later changes their mind, provided the offeree gave consideration for the promise to keep the offer open.
What is an option contract?