mbe - lecture tips
Post on 02-Nov-2015
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ABSOLUTE DUTY = WRONG
AGE = RATIONAL BASIS
ONGOING/EVERY = PROBABLE CAUSE
ACTUAL CAUSE = DOESNT MEAN LIABLE
PROXIMATE CAUSE = LIABLE
CO-CONSPIRATOR = FORSEEABLE CRIME SM OF CRIME
CLASS ACTION = SAME TRANS/OCCURANCE
EXPERT CANNOT BE CONDUIT
ASSAULT = ATTEMPTED BATTER (CL)
MARKET VALUE OR ADDED VALUE
WITNESS CAN DISCUSS ULTIMATE ISSUE IN CIVIL (FIRST HAND)
EXPERT CANNOT DISCUSS ULTIMATE ISSUE IN CRIMINAL
TRANSACTIONAL IMMUNITY = ABSOLUTE
ALL CONTRACTS = ASSIGNABLE + DELEGABLE (EXPT REQUIREMENT K & PERS SERVICE)
DOUBLE JEOPARDY = SAME STATE & SAME CRIME
DEPO = 14 DAYS + PROT ORDER TO EXECUTE
DEFENDANT REMOVES PLAINTIFF REMANDS
SUMMARY JUDGMENT = CANT USE PLEADINGS TO RESPOND
RESIDENT V. NON-RESIDENT = PRIV & IMM
BEST EVIDENCE = WRONG ANSWER
ABANDONMENT =TERMINATE EASEMENT
PRESCRIPTION = EST. EASMENT
OCCUPY THE FIELD = COMMERCE POWER
REC STATE = PROTECTS BFP
SPECIFIC OVER GENERAL
SUMMARY JUDGMENT NOT OVER 30 DAYS AFTER DISCO
PPPP = PRIVATE PERSON PRIVATE PUBLISH
COMMERCE CLAUSE = PLENARY
PRIV AND IMM = ARTICLE IV
CONTRACT + POSSESSION = BUYER RISK OF LOSS
KNOCK OUT ELEMENT
CORRECT RULE OF LAW OVER STATE OF FACT
ORAL CONTRACT + 2/3 = VALID RE K
DEADMAN = DEAD WRONG
AGREEMENT NOT HOSTILE
FELONY MURDER KNOCK OUT FELONY (DOUBLE JEOPARDY)
GOVT AGENT = INSTRUCTED
NECESSARY + PROPER = WRONG
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