Short's Torts
Purpose and Substantial certainty.
What is Intent?
The content of the notice documents and the manner of deliver to the defendant
What are the elements of notice?
Scope, Nature, Breach
What is personal jurisdiction?
What is the rule of lenity?
When two reasonable interpretations of a criminal statute exist, the court should use the less penal.
What is duty?
Adding a stale claim against an existing party and adding a new party after claims's period has run
What is the Doctrine of Relation Back?
Frequency of the practice and Scope of the practice
What are the two key elements of custom to consider?
Defendant's conducts are so substantial and extensive defendant can be said to be at home in the jurisdiction, so defendant is subject to any claim at all in that forum.
What is general jurisdiction?
What is in pari materia?
"Part of the same material" - identifies material that is relevant to a statute's meaning, including the entire act and other related acts. The language should be interpreted harmoniously with other statutes about the same subject.
When a court directs a verdict on standard of care, the holding has limited precedential value
Two types of long arm statutes
What are laundry list statutes and limits of due process statutes?
Non-compliance with a statute that is designed to promote safety and defines the standard of reasonable care.
What is Negligence Per Se?
Notice must satisfy what clause in the Constitution?
Due Process Clause
Which rule would allow a court to ignore a mistake that they believe was erroneous due to a clerical error in writing?
Scrivener's Error
Defendant must intend contact that ends up being harmful or offensive.
What is Single Intent Jurisdiction?
Both state and federal courts have jurisdiction over state claims exceeding $75,000 between citizens of different states (diversity)
What is concurrent jurisdiction?
Why is Duty Delegable?
2. Risky Activity
3. Legislatively or administratively prescribed duty
To be physically present and intent to stay there performantly
What is domiciliary?
The linguistic canon that limits general words to the definition of specific words.
When no specific evidence is available jury may rely on circumstantial evidence to conclude defendant's conduct was negligent.
What is Res Ispa Loquitor?
Elements of personal jurisdiction
Amenability, Notice, Forum Law
This doctrine is a rule of circumstantial evidence that often proves vital in allowing plaintiffs to satisfy their burden of proving negligence in a tort case.
What is Res Ipsa Loquitur
3 types of Subject Matter Jurisdiction
1. Arising under the constitution under constitution, laws, and treaties of the united states
2. between citizens of different states (diversity)
3. between a state, or citizens thereof, & foreign states, citizens, or subjects (alien)
2. Two meanings are equally plausible