Civil Procedure
To be physically present and intent to stay there permanently
What is domiciliary?
Scope, Nature, Breach
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
what is the amount in controversy requirement for diversity jurisdiction?
When is my Tort's practice exam?
October 28 during Academic Support
the summons & the complaint
What has to be served on the defendant for proper notice?
Frequency of the practice and Scope of the practice
What are the two key elements of custom to consider?
What is the rule of lenity?
When two reasonable interpretations of a criminal statute exist, the court should use the less penal.
What does Professor Handler like to examine procedural decisions through?
formalism v. realism
When is my Civ Pro practice exam?
October 21 during Academic Support
The power of a court to enter a binding, final judgment against the defendant or any other party brought into a lawsuit
What is personal jurisdiction?
Non-compliance with a statute that is designed to promote safety and defines the standard of reasonable care.
What is Negligence Per Se?
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.
What are the pertinent policy considerations for torts?
deterrence, compensation, & moral fairness
When is my Leg Reg practice exam?
November 3 at 12:00 in room 204
2 main types of Subject Matter Jurisdiction
diversity jurisdiction & federal question jurisdiction
When is a duty not delegable?
1. Duty to the public at large
2. Risky Activity
3. Legislatively or administratively prescribed duty
The linguistic canon that limits general words to the definition of specific words.
What state recognizes a duty for companions on a social venture?
Michigan
What candy does Payton and Brandon like to eat during the Academic Support staff meetings?
Milk Duds
Elements of specific personal jurisdiction
minimum contacts, nexus, fundamental fairness
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
2. Two meanings are equally plausible
What case said federal cases sitting in diversity should apply the general law?
Swift v. Tyson (bad law, overturned by Erie)
Which one of your professors has been a Professor at TAMU law the longest?