Flashcards for Essays
I. Motion for default judgment. In order to file a motion to vacate a default judgment, the party must move to vacate ___________ .
Within one year of the default.
I. motion for default judgment. 2 elements.
Meritorious defense, reasonable excuse
I. Discovery. New Jersey allows for __________ of anything that could reasonably lead to the discoverability of admissible evidence.
liberal discovery
I. Requests for admission. New Jersey allows a party to serve requests for admissions. If the requests are not answered within _________ after they are served, then __________.
30 days, they are deemed admitted.
I. Removal to federal court. For a federal court to have subject matter jurisdiciton over the law suit, there must be ___________________ along with the amount in controversy ___________ , or there must be a _____________ .
diversity of citizenship, exceeding $75,000, federal question
I. Verdict. In federal court, the jury must make a ____________ for the plaintiff to recover.
unanimous verdict
I. Right to a jury trial. The right to a jury trial comes within what constitutional amendment?
7th amendment
I. Personal jurisdiction. the defendant must be a) ___________ within the jurisdiction or b) at least ______________ itself of the jurisdiction and have sufficient _____________ within the jurisdiction so as not to offend the traditional notions of fair play and substantial
justice, or c) ___________
physically present, purposely avail, minimum contacts, consent to jurisdiction
I. counterclaims. compulsory counterclaims are those which __________ .
arise out of same transaction or occurrence
I. NJ long arm statute.
NJ extends jurisdiction to full extent of the Constitution.
I. Personal jurisdction. Corporation can claim residence in two places, ________ .
its principal place of business and its place of incorporation
I. Personal jurisdiction/minimum contacts. Court may have specific jurisdiction over the D if: _______ .
the cause of action is directly related to contacts with the forum state
I. Personal jurisdiction. fairness factors. The fairness includes considerations such as the __________ in litigating case, the interests of the ____________ , the _________ of the parties, and where the ______ is located.
forum’s interest, interstate system, convenience, evidence
I. General jurisdiction. the defendant must do ___________________________ in the state where it is as if they are present in the state.
regular, continuous and systematic business
I. Jurisdiction based on being a subsidiary. Not considered a subsidiary if ___________ and _____________.
distinct corporate identities, no common ownership
I. Subject matter jurisdiction. NJ courts have general jurisdiction to hear ______ claims and _______ claims.
state law, federal law
I. Personal jurisdiction. 4 ways
Service of process in the forum state, waiver, residency or consent
I. NJ civil court. How many jurors are there in NJ civil trials.
six jurors
I. NJ civil procedure. There is no jury trial available in _______ .
equity court
I. Civil Procedure. What is the best way to get access to a D’s tax returns?
Through discovery requests for documents
I. Civil procedure. How can an insurance company use a motion for interpleader.
Place all proceeds in a pot for the claimants to fight over.
breach must be material to _________ .
excuse performance
parol evidence bars all _________________ from being a part of the contract
prior oral or written agreements
Contracts cannot be supplemented by evidence that __________ the terms of the agreement.
varies or contradicts
Contract damages are premised on _____________ .
Putting the innocent party in the same position he would have been in had the breach not occurred.
What is the best result for the nonbreaching party in terms of damages?
compensatory or expectancy damages
In a breach of contract action, a person can recover special damages if _______ .
damages are foreseeable and anticipated by both parties
_________ creates a reciprocal negative servitude when a Seller subdivides a lot and fails to include a provision restricting some of the lots when the other lots are on notice about this restriction.
common scheme doctrine
A deed transfers ownership from the buyer to the seller when it is ________.
lawfully executed and delivered.
When an easement fails to be in writing, it is generally considered a ___________ .
freely revocable license
Delivery does not require actually putting the buyer/recipient in possesion of the deed. Instead, the test looks to the ____________ .
grantor’s intent
An easement appurtent can be created by __________ . PING
prescription, implication, necessity, grant
