7/22-23 Flashcards
character evidence good flow chart
dramshop statute (torts)
holds business selling alcohol liable for harmful actions of intoxicated customers
is direct privity between p and seller required for strict liability or negligence actions?
no, neither
in addition to intentional torts, criminal acts, and acts of god, what can cut off proximate cause
attenuation; fact pattern will probably be long and winding
res ipsa: if statute includes place where something is outlawed, but doesn’t specify who it intends to protect, who does it protect
everyone in that place
what kind of presumption does an invocation of res ipsa loquitur create?
rebuttable presumption that d owed duty to p and breached that duty
minority jurisdiction presumptions of minor negligence, by age
0-6: incapable of negligence
7-13: rebuttable presumption they are not negligent
14+: rebuttable presumption that they are capable of negligence
what does a party need to discover unprivileged information relevant to subject matter of case but not to any existing claim or defense?
ct order
must attorneys investigate factual and legal bases for motions before filing?
what is the implication, I.e., what can it not be based on?
yes
cannot merely base motion on an individual’s word without reasonable inquiry
what is needed to issue a temporary restraining order without notice
certification in writing by attorney of efforts made to give notice
can a ct join a necessary party as an involuntary plaintiff if they refuse to join?
yes
what must class action notice advise recipient?
- 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
do named reps in class action owe members of class fiduciary duty?
Yes
