Jurisdictional Splits
Under UCC 2-207, California alone handles "different" terms in this way.
What is: the same as additional terms?
When performance of promise A is a constructive condition on the performance of promise B (and vice versa).
What is a dependent promise?
FRCP 4(e)(1) says federal service of process is valid if it...
What is: conforms with the forum state's service rules?
A dual citizen is considered a citizen of a state if...
What is: they are domiciled in that state?
The minority of jurisdictions require this to establish a prima facie case for IIED.
What is physical injury and/or diagnosable mental illness?
The course of action a non-breaching party can/must take in the event of an immaterial breach.
What is: sue for damages and complete performance?
Under FRCP 4(m), a case filed in federal court can be dismissed if...
What is: it is not served to the defendant within 90 days of filing?
An act by a third party that disrupts the causal chain but does not remove the Defendant's proximate causation of the Plaintiff's injury.
What is an intervening cause?
US Citizens cannot sue this type of defendant in US Federal Court.
What are foreign states?
When determining if a product design is defective, courts split between these two tests (or using both).
What is the consumer expectations test and the risk-utility test?
A repudiating party, unless informed by its counterpart that it has also repudiated or its counterpart changes its position relying on repudiation, can do this.
What is: retract the repudiation?
An "Erie Guess"
What is a federal judge's best guess at how a state's supreme court would interpret an issue of state law?
An example of this exception to Scope of Liability is when an injured Plaintiff suffers further injuries in an ambulance on the way to the hospital.
What is the Subsequent Medical Malpractice Rule? (Medical Malpractice is always within the scope of the risk.)
Yes or no, 2 plaintiffs suing a single defendant, one plaintiff is suing for over $75,000, the other is suing for less. Is there diversity jurisdiction?
What is yes?
What is the Holistic/Contextualist method? It uses writings and evidence outside the contract itself to determine the likely intended meaning of ambiguous language.
Under the UCC, a buyer can revoke acceptance of nonconforming goods when these are true.
What is:
1. The buyer accepted relying on the promise that the nonconformity would be cured and it has not been?
2. The buyer accepted without discovering the nonconformity because of the seller's assurances or the defect being hard to discover?
When a Defendant is delivered a request to waive service of process, they have this much time to submit their first response (assuming they agree).
What is 90 days? (30 days to agree, 60 days to respond).
This doctrine overrides the "preponderance of evidence" burden when establishing causation.
What is the loss of chance doctrine?
Yes or no, 1 plaintiff suing a two Defendants, one for over $75,000, the other for less. Is there diversity jurisdiction?
What is no?
While some jurisdictions have abolished the landholder duty distinctions, others have modernized them into these two doctrines.
What is:
1. Merged Distinctions: Only flagrant trespassers are exempt from the reasonably prudent person duty?
2. Expanding Exceptions: Expanding who is a licensee and creating more exceptions to landholder duties?
Timely performance is a constructive condition of a contract ONLY when...
What is: time is of the essence?
Hanna 1 and 2 analysis.
What is:
Hanna 1: Will ignoring the state statute lead to forum shopping or inequitable administration of the laws?
Hanna 2: Is the federal rule procedural or does it infringe on or modify a state's substantive right?
What are criminal, intentional, or grossly negligent acts?
True or False, A citizen of Delaware and Georgia (the country) sue a citizen of France in Federal Court, there is no diversity jurisdiction.
What is false? (Need US Citizens on both sides.)