Essay Tips Flashcards
Domicile
On the exam, apply the appropriate domicile test based upon the person/entity described in the essay question.
Natural Person -
Domicile is determined by the party’s
1) Residence
AND
2) Subjective intent to make the state their permanent home
Corporation-
Domicile is determined by the:
1) State of Incorporation
OR
2) Principal Place of Business
Executor/Personal Representative-
1) Citizenship of the decedent
OR
2) Person being represented
Method of Service
On the exam, apply the appropriate method of service of process based upon the type of party and method of service mentioned in the question.
Personal Delivery - Made by physically giving the papers to the person being served.
Substituted Service - Involves
1) leaving the papers with or in the presence of a competent person at least 18 years of age at the defendant’s office or usual place of business
AND
2) thereafter mailing a copy of the papers by first-class mail to the place where the papers were left
Service by Acknowledgement and Receipt - Requires
1) mailing the papers by first-class mail or airmail to the defendant;
2) along with TWO copies of the papers and acknowledgement form;
AND
3) a self-addressed stamped return envelope.
Service By Mail - Available Only for Out of State Defendants, requires sending a copy of the Summons and Complaint to the defendant by first class mail, postage prepaid, requiring a return receipt.
Interrogatories
Only state and apply the relevant rules for Interrogatories that pertain to the fact pattern.
Scope - An interrogatory may relate to any discoverable matter.
Number - Each party is allowed to serve 25 interrogatories upon any other party.
Timing - Cannot be served prior to the Initial Conference of the Parties
Time to Respond - The responding party MUST serve answers/objections within 30 days
Answering Each Interrogatory - Each interrogatory MUST be answered separately and fully in writing under oath.
Objections - Each objection to an interrogatory must be stated with specificity.
Responding Party - Interrogatories must be answered by:
a) the party directed to;
or
b) any officer or agent (if that party is a corporation/partnership/association/gov agency).
Signature - The person who makes the answers must sign them, and the attorney who objects must sign objections.
Option to Produce Records - Instead of answering, the responding party has the option to specify relevant business records if:
1) the answer to an interrogatory can be ascertained from business records (including ESI);
2) the burden of deriving or ascertaining the answer will be substantially the same for either party;
AND
3) the records are made available to the other party.
Character Evidence
On an essay question involving character evidence:
FIRST state the general rule that evidence to prove propensity is not allowed (and that non-propensity is allowed).
SECOND apply the applicable character rules for this type of case (sex crime, homicide, civil case) and which party is offering the evidence.
THIRD analyze the method the offering party uses to prove character (if relevant to the essay question).
Present Estates & Future Estates
On the exam, make sure to connect the present estate (defeasible fees, life estate) to the applicable future interest (reverter, re-entry, remainder).
All present estates are connected to a future interest upon the occurrence of the condition specified (except for present estates that provide for absolute ownership).
Landlord/Tenant Issues
On the exam, apply the type of tenancy based on the landlord-tenant relationship described in the essay question.
1) Tenancy for Years
2) Periodic Tenancy
3) Tenancy at Will
Easements
On the exam, apply the type of easement based on the fact pattern in the essay question.
Easement by Grant
Easement by Prescription
Easement by Implication
Easement by Necessity
Deeds
On the exam, apply the rule for the specific type of deeds noted in the fact pattern of the essay question.
General Warranty Deed
Special Warranty Deed
Quitclaim Deed
