Civ Pro
What is the difference between general jurisdiction and specific jurisdiction?
General jurisdiction is based on the individual or corporation's place of citizenship and specific jurisdiction is when the contacts from that state are related to the claim.
What are the elements of Negligence?
Duty; Breach; Causation; Damages
What is mens rea?
Culpable mental state, how we measure culpability.
Answer honestly, how are your outlines going?
No wrong answer. But do yourself a favor and spend even 15 mins on them tonight.
In the typical civil action, notice consists of serving upon the defendant two documents, this makes up process. What are the two documents?
A summons from the court, and a copy of the complaint
What is a good samaritan?
If you act in good faith, you’re not liable
What are the three types of actus reus elements?
Act or Conduct; could also be an omission, Result, Attendant Circumstances
Where can you find useful resources at the library?
check out horn books at front desk, find multiple choice questions and flashcards in the think tank. I am sure there is more!
When is diversity jurisdiction proper?
When all plaintiffs are diverse from all defendants, and the amount on controversy is more than $75,000.
Is there a duty to rescue?
One does not have to take affirmative steps to prevent harm or assist someone harmed, unless a special relationship exists
What are the four culpability levels under the MPC?
Purposely, knowingly, recklessly, negligently
When are Susan's office hours?
Thursdays at noon
Why would a defendant file for removal?
less bias, better judges, bigger jury pool, etc.
What is a licensee?
An individual on premises, with consent i.e. as a social guest
What is criminal homicide under the MPC?
A person is guilty of this crime if they unjustifiably and inexcusably take the life of another human being purposely knowingly, recklessly or negligently.
When are Josh's office hours?
Tuesdays at 8:00am
What motion is appropriate for when a trial is not needed because no reasonable jury could find for one side or the other.
summary judgement.
What are the elements of battery?
Physical, volitional act;
Intent to act;
Causation and
Harmful or offense contact with person
Name TWO utilitarian justifications for punishment
general deterrence, specific deterrence, incapacitation, and rehabilitation
How are you going to use the IRAC method on your final exams?
Use it to format answer, make sure all elements are addressed, break analysis into smaller IRACs if necessary (definitely necessary for crim law)