7/22-23 Flashcards

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1
Q

character evidence good flow chart

A
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2
Q

dramshop statute (torts)

A

holds business selling alcohol liable for harmful actions of intoxicated customers

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3
Q

is direct privity between p and seller required for strict liability or negligence actions?

A

no, neither

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4
Q

in addition to intentional torts, criminal acts, and acts of god, what can cut off proximate cause

A

attenuation; fact pattern will probably be long and winding

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5
Q

res ipsa: if statute includes place where something is outlawed, but doesn’t specify who it intends to protect, who does it protect

A

everyone in that place

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6
Q

what kind of presumption does an invocation of res ipsa loquitur create?

A

rebuttable presumption that d owed duty to p and breached that duty

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7
Q

minority jurisdiction presumptions of minor negligence, by age

A

0-6: incapable of negligence
7-13: rebuttable presumption they are not negligent
14+: rebuttable presumption that they are capable of negligence

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8
Q

what does a party need to discover unprivileged information relevant to subject matter of case but not to any existing claim or defense?

A

ct order

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9
Q

must attorneys investigate factual and legal bases for motions before filing?

what is the implication, I.e., what can it not be based on?

A

yes

cannot merely base motion on an individual’s word without reasonable inquiry

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10
Q

what is needed to issue a temporary restraining order without notice

A

certification in writing by attorney of efforts made to give notice

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11
Q

can a ct join a necessary party as an involuntary plaintiff if they refuse to join?

A

yes

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12
Q

what must class action notice advise recipient?

A
  • ct will exclude any member who requests exclusion
  • judgment will be binding on all class members who do not request
  • any member who does not seek exclusion may enter an appearance
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13
Q

do named reps in class action owe members of class fiduciary duty?

A

Yes

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