MEE - Important Rule Statements to Rember Flashcards
(30 cards)
What is required for a federal court to have personal jurisdiction over defendants? (fairness requires a baseline connection)
Defendants must have certain minimum contacts with the forum state that do not offend traditional notions of fair play and substantial justice
Contacts must be purposeful, voluntary, and beneficial for the defendant to reasonably anticipate being summoned to court.
What are the three bases for subject matter jurisdiction in federal courts?
- Diversity
- Federal Question
- Claims under the Federal Supplemental statute
What are the requirements for Diversity Subject Matter Jurisdiction?
- Complete diversity between the parties
- Claim must exceed $75,000
How is domicile determined for individuals?
Two-part test: * Presence * Intent to remain indefinitely
How is domicile determined for corporations?
- Place of incorporation
- Principal place of business
What constitutes a Federal Question for jurisdiction?
Claims arising under the US Constitution, its laws, or treaties based on the Plaintiff’s well-pleaded complaint
Under what conditions can a court have jurisdiction over supplemental claims?
Claims must be related to the original claim, forming part of the same case or controversy derived from a common nucleus of operative fact
What is the time frame for a defendant to file a notice of removal?
Within 30 days of the initial pleading or 30 days after the summons was served
What are the venues for federal court cases?
- Where all defendants reside
- Where the claim arose
- District where any defendant is subject to the court’s personal jurisdiction
What is the time frame for service of process after filing a complaint?
Within 90 days after the complaint is filed
What are the main elements required for a valid contract under common law and UCC Article 2?
- Offer
- Acceptance mirroring the offer
- Meeting of the minds
- Valid consideration
- Capacity or authority of parties
Define Mutual Assent in contract law.
Offer and acceptance that mirrors the offer and creates a meeting of the minds
What are the components of consideration?
- Bargained for exchange
- Promissory estoppel or detrimental reliance (must be reasonable)
What are examples of what is NOT considered valid consideration?
- A gift
- Moral obligation
- Past consideration
- Preexisting duty
What is required for contract modifications under common law?
Needs new consideration
What is required for contract modifications under UCC Article 2?
Need ‘good faith’ on the modification
What is the doctrine of Adaquate Assurance?
In writing, adequate assurances if there are reasonable grounds to believe the other party may not perform
What happens if a party fails to respond to a request for adequate assurances within 30 days?
It equals repudiation of the contract
What options does the aggrieved party have in case of repudiation?
- Wait for performance
- Seek a remedy for breach of contract
- Suspend their performance
What is anticipatory repudiation?
A party communicates they are unable or unwilling to perform
What happens if a party fails to provide adequate assurances within a reasonable time?
It may be deemed a repudiation of the contract
Can a party retract their repudiation?
Yes, unless the other party has materially changed their position or cancelled the contract
Evidence Rule Statement
(5 nets of Evidence)
Under the Federal Rules of Evidence, testimony and physical evidence will be admissible as long as it is deemed RELEVANT, not excluded by recognized PRIVILEGE or deemed to be unreliable HEARSAY, without exception, and as long as the PROBATIVE VALUE is not outweighed by any prejudicial effect. And if offered to impeach, deemed PROPER IMPEACHMENT under the Federal Rules.
Relevancy
Makes a material issues either more or less probable
