one sheet rules

Question 1

Intro to negligence essay

Answer 1

In any negligence action, a plaintiff must show that the defendant owed the plaintiff a duty to conform his conduct to a standard necessary to avoid an unreasonable risk of harm to others, the defendant’s conduct fell below the applicable standard of care, and that the defendant’s conduct was both the cause in fact and proximate cause of the plaintiff’s injuries

Question 2

duty of care owed by children

Answer 2

A child owes the duty of care of a hypothetical child of similar age, intelligence, and experience, acting under similar circumstances

Question 3

children engaged in adult activities

Answer 3

If the child is engaged in adult activity, i.e., one which is normally undertaken only by adults and for which adult qualifications are required, then the child will be held to the same standard of care as a reasonably prudent adult engaged in such activity

Question 4

Kids who can’t be held negligent bc of age

Answer 4

Some states will not hold children under a certain age liable for negligent.

Question 5

Undiscovered trespasser

Answer 5

An undiscovered trespasser is one who comes onto land without permission or privilege who the preimses possessor does not know about

Question 6

Duty of care to unknown trespassers

Answer 6

Undiscovered trespassers are not owed a duty of care

Question 7

Discovered trespasser

Answer 7

A discovered trespasser is one that the premises possesor knows or should know of.

Question 8

Duty to discovered trespasser

Answer 8

The possessor must warn or make safe any unreasonably dangerous concealed artificial conditions that they know of

Question 9

Attractive nuisance doctrine

Answer 9

The premises possesor is liable if (i) they know or have reason to know that children are likely to trespass; (ii) the condition is one which they know or should know poses an unreasonable risk of deathor serious bodily harm, (iii) children, because of their youth, do not discover the condition or appreciate the risk involved, (iv) the burden of eliminating the condition is slight compared with the risk involved and the benefit to the possessor; and (v) the possesor fails to exercise reasonable care to protect children.

Question 10

licensee

Answer 10

A licensee is a social guest who has permission to enter land but. does not confer an economic benefit on the possessor.

Question 11

Duty owed to licensees

Answer 11

A landowner must warn or make safe all concealed dangers that the landowner knows of

Question 12

Invitee

Answer 12

Invitees are those that either enter to confer an economic benefit, or enter land that is open to the public at large

Question 13

Duty to invitees

Answer 13

The landowner must warn or make safe all dangers that they know or should know of. They also have a duty to inspect the property.

Question 14

Negligence per se

Answer 14

A plaintiff can sue under a theory of negligence per se when they can show three elements
1. the defendant violated a statute without excuse
2. the plaintiff was in the class of people the statute was trying to prevent
3. the plaintiff suffered the harm the statute was trying to prevent

Question 15

Effect of showing all elements of negligence per se

Answer 15

If a plaintiff can establish the negligence per se elements, they will have offered conclusive proof of duty and breach. However, they still must prove cause and harm

Question 16

eggshell skull rule

Answer 16

• A defendant takes their victim as they find them
• A plaintiff with a preexisting condition who suffers in exccess of what a typical victim would suffer is entitled to recover fully for their injuries

Question 17

comparative negligence

Answer 17

The trier of fact apportions fault among the parties. The amount of damages apportioned to the plaintiff because of the plaintiff’s negligence is subtracted from the total damages awarded by the jury. This is called pure comparative negligence

Question 18

Contributory negligence

Answer 18

This is a common law doctrine that states if the jury finds that the plaintiff’s negligence contributed to his injuries in any degree, the plaintiff cannot recover. Most states have abandoned this doctrine

Question 19

Battery

Answer 19

An act with intent to cause a harmful or offensive contact or imminent apprehension thereof, and a harmful or offensive contact results.

Question 20

False imprisonment

Answer 20

An act with intent to confine or restrain a person to a bounded area, actual confinement occurs, and the plaintiff knows of their confinement or is harmed by it

Question 21

Respondeat superior

Answer 21

Under this doctrine, employers are vicariously liable for the torts of their employees if the torts are committed within the scope of their employment.

Question 22

employer liability for intentional torts

Answer 22

Intentional torts are usually outside the scope of employment unless they were done for the purpose of serving the employer or they were foreseeable

Question 23

Indemnification

Answer 23

• Indemnification is full reimbursement for damages paid to the plaintiff
• This is when one D can seek 100% of damages from theother D

Question 24

Intro for questions involving article 2

Answer 24

• Article 2 of the UCC applies to transactions in goods
• goods are things moveable at the time of identification to the contract
• a contract under UCC may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract

Question 25

Buyer’s rejection of goods

Answer 25

Generally, a buyer can reject goods for any reason under the perfect tender rule

Question 26

Buyer’s revocation of goods

Answer 26

• If a buyer accepts goods, he can no longer reject them
• However, in some circumstances, he can revoke his acceptance. The buyer can revoke acceptance when (1) nonconformity of the goods substantially impairs their value to him; (2) he accetped the goods because he had a reasonable belief nonconformity would be cured (and it was not) or he did not discover the nonconformity because it was difficult to discover or because of the seller’s assurances; (3) he revokes within a reasonable time after discovering the nonconformity; and (4) he revokes before any substantial change in the condition of the goods which is not caused by their defect

Question 27

Hearsay

Answer 27

Hearsay is a statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted

Question 28

Admissibility of hearsay

Answer 28

Hearsay is not admissible unless it comes within an exception

Question 29

Excited utterance

Answer 29

An excited utterance is a statement relating to a startling event or condition made while the declarant is under the stress or excitement that it caused

Question 30

present sense impression

Answer 30

A present sense impression is a statement describing or explaining an event or condition made while or immediately after the declarant perceived it

Question 31

statement for purpose of medical treatment/diagnosis

Answer 31

These statements must be made for and reasonably pertinent to medical diagnosis or treatment and describe medical history, past or present symptoms or sensations, their inception, or their general cause

Question 32

Business record exception

Answer 32

• A record of acts, events, conditions, opinions, or diagnoses is admissible if it is made at or near the time of the event, recorded by a person with knowledge of the event
• further the act of making the record must occur in the course of a regularly conducted business activity, and it must be the regular practice of the business to make such a record

Question 33

Recollection recorded

Answer 33

A record that is on a matter the witness once knew about, but now cannot recall well enough to testify fully and accurately, which was made while it was fresh in their memory, may be read into evidence (but not offered as an an exhibit by the proponent)

Question 34

State of mind exception

Answer 34

If a statement is offered to show a state of mind and not truth of the matter asserted, it is not hearsay

Question 35

Prior statement of identification

Answer 35

A witness’s prior identification is not considered hearsay

Question 36

Opposing party’s statement

Answer 36

A statement made by an opposing party that is offered against that party is not hearsay

Question 37

test for relevancy of evidence

Answer 37

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action

Question 38

admissibility of relevant evidence

Answer 38

all relevant evidence is admissible unless a statute or rule says otherwise, or the probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence

Question 39

personal knowledge requirement for a lay witness

Answer 39

A witness must have knowledge of the matter they testify about. A lay witness must have personal knowledge. Her knowledge must be rationally based upon her perception, helpful, and not based on scientific, technical, or specialized knowledge

Question 40

knowledge requirement for expert witness

Answer 40

An expert witness does not need personal knowledge, but can instead testify based on facts he has been made aware of at trial or through some other means (e.g., facts not on the record if other experts would rely on those facts)

Question 41

General rule on impeachment

Answer 41

Generally, any party may impeach a witness, even the party that called that witness

Question 42

Prior inconsistent statements

Answer 42

• a witness may be impeached with prior inconsistent statements
• these can be used as substantive evidence as well if they fall within a hearsay exception or exclusion
• witness must be given the opportunity to explain or deny the statement if extrinsic evidence is used, unless the witness is the opposing party, not in court, or the interests of justice so require

Question 43

impeachment through bias

Answer 43

The witness may be impeached with bias. The witness must be confronted on the stand. Extrinsic evidence can only be used if the witness is asked about the bias first

Question 44

Impeachment through a past cnoviction

Answer 44

• whether the conviction can be used depends on the nature of the crime, the amount of time that has passed, and (in criminal cases) whether the witness is a defendant.

Question 45

nature of crime witness is being impeached with

Answer 45

Felonies and misdemeanors of dishonesty are automatically admissible. Felonies are admissible if they pass the rule 403 balancing test if the witness admitted against is not a criminal defendant.

Question 46

balancing test to admit past convictions against criminal D

Answer 46

Past convictions must be admitted in a criminal case in which the witness is a defendant if the probative value of the evidence outweighs its prejudicial effect

Question 47

Impeachment by bad acts

Answer 47

Questioning about acts that are probative of truthfulness or untruthfulness is permitted. Extrinsic evidence, however, is not permitted

Question 48

Impeachment by R/O for untruthfulness

Answer 48

Impeachment may be done through reputation or opinion evidence, but the witness cannot testify as to specific facts of bad conduct

Question 49

Impeachment for sensory deficiency

Answer 49

Extrinsic evidence is permitted to show the witness did not have the ability to observe, remember, or relate information accurately

Question 50

Impeachment by contradiction

Answer 50

If the witness made a mistake in their testimony, or lied during direct examination, they may be contradicted. Extrinsic evidence is permitted if the witness does not admit their mistake

Question 51

General rule on character evidence

Answer 51

Character evidence is inadmissible to prove someone acted in accordance with their character at the time the event occurred

Question 52

Character evidence in civil cases

Answer 52

Character evidence is only permitted in a civil case when it is an essential element of a case. Character is usually an essential element in cases involving negligent entrustment, negligent hiring, defamation, or child custody.

Question 53

How may character evidence be proven in a civil case.

Answer 53

Reputation, opinion, and specific acts may be used to prove character

Question 54

Character in a criminal case during prosecutor’s case

Answer 54

Generally, character evidence is inadmissible in the prosecutor’s case in chief to show the defendant acted in conformity with their own character.

Question 55

defendant opening the door

Answer 55

The defendant in a criminal case may introduce evidence of a pertinent character trait to prove that he acted in conformance with his character at the time in question. This can be proven by reputation or opinion evidence. Then the prosecution may rebut by using reputation, opnion, or specific acts

Question 56

6th amendment and evidence

Answer 56

If a statement is testimonial, the declarant is unavailable, and the defendant did not have the opportunity to cross examine the declarant, then admission of the statement will violate the defendant’s right to confrontation.

Question 57

When is a statement not testimonial

Answer 57

A statement is not testimonial if the primary purpose of the statement is to aid law enforcement in addressing an ongoing emergency

Question 58

PJ in a federal court

Answer 58

Federal district courts may exercise personal jurisdiction to the same extent as the courts of general jurisdiction of the state in which the district court sits

Question 59

Specific jurisdiction

Answer 59

State courts of general jursidcition may exercise personal jurisdiction over nonresident defendants to the extent authorized by both the state’s long arm statute and the due process clause of the 14th Amendment of the constitution

Question 60

What do the DPC and 14A require for PJ

Answer 60

The due process clause permits states to assert personal jurisdiction over nonresident defendants who have established minimum contacts with the state such that the exercise of personal jurisdiction would not offend traditional notiong sof fair play and substantial justice.

Question 61

Domicile

Answer 61

A person is domiciled where it is their permanent home, the place where they intend to remain indefinitely, and the place to which they intend to return when temporarily absent. Domicile is determined at the time the lawsuit is filed.

Question 62

where is venue proper

Answer 62

venue is proper in a district where
1. any defendant resides, if all reside in the same state
2. in a district where a substantial part of the acts or omissions giving rise to the claim occurred or a substantial part of property that is subject to the action is situated;
3. a district in which any D would be subject to personal JDX

Question 63

Where does a corporate D reside for venue purposes

Answer 63

A corporate D is deemed to reside in any judicial district in which it is subject to personal JDX at the time the action is commenced.

Question 64

Transfer to a more appropriate forum

Answer 64

A federal court has the authority to transfer a case to another federal district for the convenience of parties and in the interest of justice. The new forum must have subject matter JDX and personal JDX. When this happens, the court will apply the law of the transferor forum.

Question 65

Transfer to a proper venue

Answer 65

This occurs when a caes is filed in the wrong venue, and then transferred. The law of the transferee court then applies.

Question 66

MSJ rule statement

Answer 66

FRCP 56 allows a summary judgment motion to be granted only if there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.

Question 67

TROs

Answer 67

• A TRO can be issued without notice to the adverse party (in limited circumstances and for a limited time)
• to secure a TRO without notice, P needs to show a risk of immediate and irreparable injury.

Question 68

Filing AOI

Answer 68

Articles of incorporation must be filed with the state

Question 69

Conflict between AOI and bylaws

Answer 69

In a conflict between the AOI and bylaws, the AOI controls

Question 70

Corp’s preincorporation liability for a K

Answer 70

A corp is generally not liable for a K entered into prior to incorporation unless it expressly or impliedly adopts (ratifies) the contract

Question 71

Promoter liability

Answer 71

Promoters are liable for preincorporation contracts unless there has been a novation

Question 72

SH basics

Answer 72

SHs are only owners of the corp, and thus, do not manage the corp

Question 73

Notice of SH meetings

Answer 73

Written notice of meetings is required 10-60 days prior and must state the time, place, and purpose of meeting

Question 74

SH proxy vote

Answer 74

SHs can vote by proxy (have someone vote their shares for them) or by voting agreement.

Question 75

Quorum required for SHs

Answer 75

Generally, a quorum (majority of all outstanding shares required to vote) must be present for SHs to vote

Question 76

Director basics

Answer 76

Directors manage the corp and act as a body by voting

Question 77

Who hires/fires directors

Answer 77

SHs hire and fire directors

Question 78

Can directors vote by proxy/agreement?

Answer 78

Directors may not vote by proxy or by vote agreement

Question 79

BJR

Answer 79

The BJR is a presumption that in making a business decision, the directors acted on an informed basis, in good faith, and in the honest belief that the action taken was in the best interests of the company