Formulas/Elements/Guides

Question 1

Practice Test Approach - TAPOS

Answer 1

Tone
Audience
Product
Operative Principle
Special Instructions

Question 2

Negligence Elements

Answer 2

1. Duty
2. Breach
3. Causation
4. Damages

Question 3

Traditional Personal Jurisdiction

Answer 3

• Consent
• Domicile
• Presence

Question 4

Personal Jurisdiction

Answer 4

• Traditional basis
• Long Arm
• Minimum Contacts
• Relatedness
• Fairness

Question 5

Civil Procedure - LIST A OVERVIEW

Answer 5

I. Proper Court
II. Pre-Trial
III. Trial
IV. Post-Trial

Question 6

The Seven Steps of Writing an Essay

Answer 6

1. Check the call of the question
2. Write subject issue checklist
3. Read the Fact Pattern
4. Write List B
5. Put Facts into List B
6. Triage
7. Write

Question 7

Judgment as a Matter of Law (JMOL) Standard

Answer 7

If reasonable people could not disagree on the result viewing the evidence in the light most favorable to the non-moving party.

Question 8

Judgment as a Matter of Law Timing

Answer 8

1. After the opposing side has been heard by the Court
2. After Trial and Verdict, JMOL renewed

Question 9

Motion for a New Trial requires AT LEAST one:

Answer 9

1. Prejudicial Error
2. New Evidence
3. Prejudicial Misconduct
4. Judgment against the weight of the evidence
5. Excessive/Inadequate damages

Question 10

Remittitur

Answer 10

Adds money to a verdict, or orders a new trial (kosher in Fed and State court)

Question 11

Addittur

Answer 11

Adds money to verdict, or orders a new trial (ONLY in state court)

Question 12

Res Judicata is meant to

Answer 12

prevent litigation of identical issues between identical parties.

Question 13

Res Judicata requires a party show:

Answer 13

1. That the claim involves the same claimant and same defendant as a prior case
2. That the prior case ended in a final judgment on the merits
3. That the claimant asserts the same causes of action as the did in the prior litigation

Question 14

Collateral Estoppel

Answer 14

a. Party invoking CE must have been a party in the prior suit
b. Identical issue of fact
c. Actually litigated and determined
d. Necessarily determined (essential to prior final judgment)
e. Full and Fair opportunity to litigate in prior case (same incentive)

Question 15

SLAPP stands for

Answer 15

Strategic Lawsuit Against Public Participation

Question 16

The Four Privacy Torts:

Answer 16

1. Appropriation
2. Intrusion on Seclusion
3. Public Disclosure of Private Fact
4. Portrayal in a False Light

Question 17

Appropriation

Answer 17

1) Unauthorized use of identity/likeness
2) for commercial advantage

Question 18

Intrusion Upon Seclusion is actionable when

Answer 18

Highly offensive to reasonable person

Question 19

Public Disclosure of Private Fact is actionable when

Answer 19

Highly offensive to reasonable person

Question 20

False Light Tort occurs when

Answer 20

publicly attribute false views to plaintiff that would be highly offensive to reasonable person

Question 21

Defamation Elements (four)

Answer 21

1. Defamatory Statement
2. Of/Concerning Plaintiff
3. Published by a Third Party
4. Causes damages/reputational harm

Question 22

Interlocutory Appeals elements (3)

Answer 22

Interlocutory Order appealable when
1) trial judge certifies that the interlocutory order involves a controlling question of law
2) immediate appeal from the order may materially advance the ultimate termination of the litigation; and
3) the court of appeals agrees to allow the appeal.

Question 23

General Duty in Negligence Torts

Answer 23

Duty to act as a reasonably prudent person would in similar circumstances.

Question 24

Special types of Duty

Answer 24

1) Foreseeable Plaintiffs from Defendant activity
2) Children
3) Adults with Disabilities
4) Custom
5) Common Carriers

Question 25

Landowner Duties (3)

Answer 25

1) Duties to Trespassers
2) Duties to Licensees
3) Duties to Invitees

Question 26

Negligent Infliction of Emotional Distress

Answer 26

The duty to avoid causing distress to another is breached when a defendant creates a foreseeable risk of physical injury through impact or threat of impact.

Question 27

Landowner Duties, three types of entrant

Answer 27

1) Undiscovered Trespassers
2) Licensees
3) Invitees

Question 28

What duty does a landowner owe to an undiscovered trespasser?

Answer 28

None

Question 29

Res Ipsa Loquitor Elements (3)

Answer 29

1. This kind of accident normally does not occur absent negligence
   and
2. It is more likely than not that the defendant was responsible
   and
3. Plaintiff did not contribute to their injury

Question 30

Four ways to show breach

Answer 30

1. Direct
2. Circumstantial
3. Violation of statute (negligence per se)
4. Res Ipsa Loquitor

Question 31

Concurrent Estates (real property - 4)

Answer 31

1. Tenancy in Common
2. Joint Tenancy
3. Tenancy by the Entirety
4. Rights Among Cotenants

Question 32

Four Unities of Joint Tenancy

Answer 32

1. Possession
2. Interest
3. Title
4. Time

Question 33

Does a Lease Sever a Joint Tenancy?

Answer 33

No.

Question 34

Joinder of Claims, when is it appropriate?

Answer 34

A plaintiff is typically permitted to bring any number of claims against the same defendant, even if unrelated.

Question 35

California Choice of Law Rules require…

Answer 35

California’s Choice of law rules require that a California court use the law of the jurisdiction where the property is located.

Question 36

Is there a right to a jury trial for actions in equity?

Answer 36

No, there is no right to a jury trial for actions in equity.

Question 37

Erie Doctrine (shorthand)

Answer 37

Federal Procedural Law/State Substantive Law