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Bar Essay Questions Missed

Terms

undefined, object
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

Deck Info

20

maxfischer9

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