Bar Essay Questions Missed
Terms
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copy deck
- Personal Jurisdiction
- My Parents Frequently Forgot to Read Childrens Stories -Min. Contacts- Purposeful Availment Forseeability -Fairness- Relatedness Convenience State Interests
- Erie Doctrine Easy Ones
- All Substantive 1-Elements 2-Stat. Lim. 3-Tolling Rules 4-Conflict of Laws If not an easy one, look for conflict, and apply Fed if it is valid. If no fed. law on point, and judge wants something besides state law, apply three tests: 1-outcome determ (prob substan.) 2-balance of interests 3-avoid forum shopping (if will flock to fed, go with state)
- Supplemental Jurisdiction
- The Test, The Limitation 1-Test: Does supplemental claim arise from teh \"same common nucleus of operative fact\" or same T/O? 2-Limitation: in diversity, Plaintiff can\'t use supp. to cure lack of diversity. 3-Discretion if complex, state law, or FQ dismissed early
- Shield Extra Element Issue Preclusion
- As long as old party had chance to litigate in previous case
- Sword Extra Element in Issue Preclusion
- as long as not \"unfair\" Factors 1-full, fair opp to litigate 2-forsee mult. claims 3-wouldn\'t have been easy for new user to join old case 4-no inconsist judgments
- Supp Jurisdiction
- 1-Test: common nucleus opp fact; T/0 2-Limit:if P in diversity, can\'t add if shatters full diversity 3-Discretion
- Discretion factors in Supp Juris
- complex state issues dominate fed q issue dismissed early
- Removal
- Under FRCP, only if could have originally been brought in Fed. ct.
- Remand Motion
- Ct must remand whenever shown that no fed subject matter jurisdiction
- compulsory counterclaim
- same t/o. Must bring
- Liability of Directors Topic Organization
- -Duty to Manage -BJR -Fiduciaries -Duty of Care -Duty of Loyalty
- Federal Question
- Is P enforcing a Federal Right?
- Removal other rules
- all Defs must agree -no removal if any Def is a citizen of the forum
- 7th Amend
- Right to Jury Trial in fed. court all \"suits in common law\" over $20 Jury first on law, then court on equity
- fact pleading
- must allege the ultimate facts on each element of eache cause of action
- DRR
- to allow a court to disregard a revocation caused by mistake if will #2 substantially identical legal fiction that will #1 was never revoked
- Will Formalities
- -written -signed by T (or by another in his presence at his direction) -in front of joint presence of 2 disinterested witnesses -witnesses know that what is being signed is a will.
- Will Revocation
- -intent -physical act or subsequent will physical act of burn tear, destroy, cancel (X out)
- Elements trust
- Trustee Res Beneficiary Settlor Intent Trust Purpose Tom Reyn. Bought Some Interesting Toilet Paper
- who is the most amazing man in the world
- YOU ARE