Flashcards for Essays

Question 1

I. Motion for default judgment. In order to file a motion to vacate a default judgment, the party must move to vacate ___________ .

Answer 1

Within one year of the default.

Question 2

I. motion for default judgment. 2 elements.

Answer 2

Meritorious defense, reasonable excuse

Question 3

I. Discovery. New Jersey allows for __________ of anything that could reasonably lead to the discoverability of admissible evidence.

Answer 3

liberal discovery

Question 4

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 __________.

Answer 4

30 days, they are deemed admitted.

Question 5

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 _____________ .

Answer 5

diversity of citizenship, exceeding $75,000, federal question

Question 6

I. Verdict. In federal court, the jury must make a ____________ for the plaintiff to recover.

Answer 6

unanimous verdict

Question 7

I. Right to a jury trial. The right to a jury trial comes within what constitutional amendment?

Answer 7

7th amendment

Question 8

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) ___________

Answer 8

physically present, purposely avail, minimum contacts, consent to jurisdiction

Question 9

I. counterclaims. compulsory counterclaims are those which __________ .

Answer 9

arise out of same transaction or occurrence

Question 10

I. NJ long arm statute.

Answer 10

NJ extends jurisdiction to full extent of the Constitution.

Question 11

I. Personal jurisdction. Corporation can claim residence in two places, ________ .

Answer 11

its principal place of business and its place of incorporation

Question 12

I. Personal jurisdiction/minimum contacts. Court may have specific jurisdiction over the D if: _______ .

Answer 12

the cause of action is directly related to contacts with the forum state

Question 13

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.

Answer 13

forum’s interest, interstate system, convenience, evidence

Question 14

I. General jurisdiction. the defendant must do ___________________________ in the state where it is as if they are present in the state.

Answer 14

regular, continuous and systematic business

Question 15

I. Jurisdiction based on being a subsidiary. Not considered a subsidiary if ___________ and _____________.

Answer 15

distinct corporate identities, no common ownership

Question 16

I. Subject matter jurisdiction. NJ courts have general jurisdiction to hear ______ claims and _______ claims.

Answer 16

state law, federal law

Question 17

I. Personal jurisdiction. 4 ways

Answer 17

Service of process in the forum state, waiver, residency or consent

Question 18

I. NJ civil court. How many jurors are there in NJ civil trials.

Answer 18

six jurors

Question 19

I. NJ civil procedure. There is no jury trial available in _______ .

Answer 19

equity court

Question 20

I. Civil Procedure. What is the best way to get access to a D’s tax returns?

Answer 20

Through discovery requests for documents

Question 21

I. Civil procedure. How can an insurance company use a motion for interpleader.

Answer 21

Place all proceeds in a pot for the claimants to fight over.

Question 22

breach must be material to _________ .

Answer 22

excuse performance

Question 23

parol evidence bars all _________________ from being a part of the contract

Answer 23

prior oral or written agreements

Question 24

Contracts cannot be supplemented by evidence that __________ the terms of the agreement.

Answer 24

varies or contradicts

Question 25

Contract damages are premised on _____________ .

Answer 25

Putting the innocent party in the same position he would have been in had the breach not occurred.

Question 26

What is the best result for the nonbreaching party in terms of damages?

Answer 26

compensatory or expectancy damages

Question 27

In a breach of contract action, a person can recover special damages if _______ .

Answer 27

damages are foreseeable and anticipated by both parties

Question 28

_________ 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.

Answer 28

common scheme doctrine

Question 29

A deed transfers ownership from the buyer to the seller when it is ________.

Answer 29

lawfully executed and delivered.

Question 30

When an easement fails to be in writing, it is generally considered a ___________ .

Answer 30

freely revocable license

Question 31

Delivery does not require actually putting the buyer/recipient in possesion of the deed. Instead, the test looks to the ____________ .

Answer 31

grantor’s intent

Question 32

An easement appurtent can be created by __________ . PING

Answer 32

prescription, implication, necessity, grant