| Civil Procedure | Torts | Civ Pro/Torts (Reverse Jeopardy) | Fun Facts on Ny'esha and Cesar (Reverse Jeopardy) |
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What is the amount in controversy for diversity jurisdiction?
Over $75,000
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If a person has a physical disability, what is the applicable standard of care?
The standard of care is what a reasonable, ordinary, prudent person would do who had the same physical characteristics of the defendant.
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1. Statute with enumerated situations (Grocery list statute)
2. Allows anything that is not inconsistent with the constitution (copy-the-constitution statute)
Name the 2 types of long-arm statutes.
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Maryland
Where is Ny'esha from?
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What is the citizenship of a corporation for subject matter jurisdiction?
Every state where it is incorporated and the one state where it has its principal place of business.
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What type of force can you use to defend your property?
Reasonable force. You cannot use force that will cause death or serious bodily harm to defend your property.
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Subject matter jurisdiction involves the court’s power over a particular type of case. Personal jurisdiction involves the ability of a court having subject matter jurisdiction to exercise power over a particular defendant or item of property.
What is the difference between subject matter jurisdiction and personal jurisdiction?
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JPL, RA, LLSA, Job, Aggie FC
Name 2 other extracurriculars that Cesar is involved with.
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How can an individual be served?
1) personally, 2) by leaving a copy at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there, or 3) by delivering a copy to an agent authorized by the defendant.
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What is the difference between intent in a battery claim and intent in an intentional infliction of emotional distress claim?
Intent in battery claims require knowledge with substantial certainty or on purpose. Intent in intentional infliction of emotional distress claims includes recklessness as well.
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Held to the standard that is normally possessed by members of that profession
What is the standard of care for professionals?
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False
T/F: Ny'esha will be going into litigation post-graduation.
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What are the elements of personal jurisdiction?
(1) Defendant must have purposeful or deliberate contacts within the forum
(2) The claim must arise out of those contacts (3) fair and reasonable |
In negligence cases, to what standard is a child held?
A child is required to conform to the standard of care of a child of like age, education, intelligence, and experience.
When a child engages in a potentially dangerous activity that is normally on that only adults engage in, the child will be required to conform to the same standard of care as an adult participating in that activity. |
Less people want to be doctors because they are putting themselves into a position to be held to a higher standard.
What is the policy argument for holding doctors to the reasonable person standard?
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Chameleon, Yoshi
What is Cesar’s current pet? (Bonus 100 points if you remember his name)
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How do you obtain federal question jurisdiction?
A suit arises under the law that creates the cause of action.
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What is negligence per se?
An actor is negligent if, without excuse the actor violates a statute that is designed to protect against the type of accident the actor’s conduct causes, and if the accident victim is within the class of persons the statute is designed to protect
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Conversion is when the interference with the chattel is so serious in nature, or so serious in consequences, that Defendant should pay full value in damages. Trespass to chattels is when the interferences weren’t so serious in nature or consequences.
What is the difference between trespass to chattels and conversion?
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Cowboys and Lakers
What 2 sports teams do both Ny'esha and Cesar support?
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