7/25 Flashcards
expectation interest: ___ measurement of damages in boc cases, what they’re designed to do + flow chart
- proper measurement of damages in boc cases
- designed to put the aggrieved party in the position he would be in if the other party had fully and properly fulfilled the contract terms
to what extent does a payment by one person in compensation for a tort claim diminish the claims against other liable tortfeasors?
the payment made, i.e., if the damage of a tort is $25k and a plaintiff settles with a tortfeasor for $12.5k and doesn’t release other tortfeasors, can still recover $12.5k from other tortfeasors
is parol evidence admissible to show that a deed appearing absolute on its face was intended as a security device?
yes
does a passenger in a car have standing to object to the seizure of a vehicle? why/why not?
yes; when the car is seized, all occupants are considered seized
does a d have a reasonable expectation of privacy in curtilage? what is the implication wrt the police?
yes; police cannot observe criminal behavior from curtilage and use that as a pretense to demand entry into the residency
can a court unilaterally impose sanctions without affording the party to be sanctioned an opportunity to be heard?
no
where can a defendant move to federal court where there is no diversity and the face of the complaint nominally doesn’t raise a federal issue + example
where the entire field has been preempted by congress
ex: labor relations, NLRA
if a jury demand is made for a claim with an equitable basis, can it be withdrawn even if the other party does not consent?
NO, a jury trial demand cannot be withdrawn without the consent of both parties
is a defendant knowing its actions, done in one state, will harm a plaintiff in another state sufficient alone to create personal jurisdiction?
no, still need minimum contacts with the state
did traditional common law require the victim to resist force?
yes
parol evidence, “contemporaneous” graph
what is the president’s privilege to refuse to disclose info related to military, diplomatic, or sensitive national security secrets?
aboslute
lost volume seller
supplier of goods available outstrips demand (i.e., could have sold more but for breach)
does delivery of something representative or symbolic of an intangible right satisfy the delivery requirement for gratuitous assignments to become irrevocable?
yes
aggravated battery
battery done with a deadly weapon
does a non-judicial foreclosure require a fair price or a public sale?
no!
does trespass to chattels require actual harm? how will you know if there is actual harm?
yes; the fact pattern will tell you
restrictions on speech in public schools considered what kind of restriction
time, place, manner
when are private actors bound by epc (4)
- traditional public function
- judicial enforcement of private contract
- sufficient entanglement b/w state and private actor’s activity
- state is encouraging actor to engage in private discrimination.
who do psychiatrists have a duty to warn about threats by their patients (torts); who not?
specific persons; the general public
when are mental anguish damages recoverable (torts)
when its accompanied by a physical injury or manifestation (e.g., insomnia, anxiety, rapid breathing, nausea, muscle tension, sweating, etc.)
in addition to it being the “legal” cause and foreseeability + directness and superseding causes, what should you discuss when you discuss proximate cause
zone of danger
domestic-relations exception to federal jurisdiction
prohibits federal courts from hearing cases involving family-law questions within the traditional authority of the states (parentage, etc.)
vicarious liability v. respondeat superior flow chart
