July 17

Question 1

When a case is not removed to the proper court, some courts will opt to___ instead of ___ the case.

Answer 1

… transfer the case to the proper federal court … remanding …

This is because the ‘proper division requirement’ has been characterized as procedural rather than jurisdictional.

Question 2

Generally, persons may be joined in one action as defendants if ___, and ___.

To permit joinder, the additional defendants must also meet ___.

If the defendant joinder would destroy ___, the court has discretion to ___ or ___.

Answer 2

… (1) a question of law or fact common to all defendants will arise in the action … (2) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction or occurrence.

… the requirements of subject matter jurisdiction.

…. subject matter jurisdiction …

… (1) deny the joinder and proceeds with the action in federal court … (2) to permit the joinder and remand the action to state court.

Question 3

Every paper filed with the court must be certified by the attorney that—to the best of his knowledge, information and belief formed after an inquiry reasonable under the circumstances— …

If none of these are satisfied, a lawyer may be liable for …

Answer 3

… (1) the paper is not being presented for any improper purpose, (2) the claims, defenses, or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law, and (3) the factual contentions have or reasonably will have evidentiary support.

… sanctions. A motion for sanctions must be properly served on the opposing party.

Question 4

___ does not merge into the ___crime. So, if X hires someone to murder a person, and they do kill the person, then X will be liable for ___.

Answer 4

Conspiracy … completed …

… conspiracy and murder.

Question 5

In a diversity case, if a court transfers the case, then the district court to which the case is transferred must apply the law that …

Answer 5

… would have been applied in the district court that transferred the case. This rule only applies when venue is proper in the original court.

Question 6

Conversion (i.e., ___) occurs when …

In the event of conversion, the P can recover the ___ of the chattel at ___.

Answer 6

… an intentional and substantial interference with another’s right to control a chattel … a defendant refuses to return a chattel upon demand to a plaintiff who is entitled to immediate possession.

… FMV … the time of the conversion.

Question 7

A ___ is created through specific conditional language.

This present interest is accompanied by a ___ future interest, which is …

Answer 7

… fee simple subject to a condition subsequent …

… right of entry … freely alienable during life and fully transferable on death—i.e., devisable by will, or if not devised, descendible through intestate succession.

Question 8

A release is …

A release must be ___, and ___.

If it’s, instead, governed by common law, the release must be …

Answer 8

… a writing that manifests an intent to discharge another party from an existing duty.

… signed by the releasing party … no consideration is needed if governed by UCC.

… supported by consideration or a consideration substitute (e.g., detrimental reliance) to be effective

Question 9

A crossclaim is a ___ claim for relief against a ___ that can only be asserted if …

Answer 9

… permissive … co-party … it arises from the same transaction or occurrence as another claim in the suit.

Question 10

A unilateral contract arises when ___, and ___.

Notice i___ required to make the acceptance effective unless …

Answer 10

… one party (offeror) promises to do something in return for the performance of a specific act … the other party (offeree) accepts by completing the requested performance.

… is not … (1) the offer so requires, (2) the offeror would not learn of the completed performance within a reasonable time, or (3) the oferee exercised reasonable diligence to notify.

Question 11

Murder requires evidence that …

An intervening cause (i.e. ___) will break the chain of ___ causation if …

Answer 11

… (1) the defendant acts with malice aforethought (intent to kill, intent to cause substantial bodily harm, depraved hear, or felony murder) and (2) caused the unlawful killing (actual and proximate).

… an event that happens after the D acts but before harm occurs … proximate … the event was unforeseeable.

Question 12

A finding of voluntary manslaughter is proper when …

Answer 12

… (1) the D intentionally killed the victim in response to adequate provocation and (2) in the heat of passion.

Question 13

An out-of-court statement is non-hearsay if offered against an opposing party and …

Answer 13

… (1) made or adopted by opposing party, (2) made by person authorized to make statement on subject, (3) made by opposing party’s agent/employee on matter within scope of relationship, or (4) made by opposing party’s conspirator during and in furtherance of conspiracy.

Question 14

An illegal contract arises when …

However, an exception arises if …

Answer 14

… one or both parties’ purpose, formation, or performance is against the law.

… one party lacked an illegal purpose and substantially performed under the contract.

Question 15

Trespass to chattels (i.e., tangible personal property) occurs when ___ by either (1) or (2).

To prevail on a trespass to chattel claim based on (1), …

To prevail on a trespass to chattel claim based on (2), …

Answer 15

… an actor intentionally interferes with another’s right of possession … (1) dispossessing the other person of the chattel …

… (dispossession) harm doesn’t need to be shown because it is inferred.

… (use or intermeddling) actual harm, substantial loss of use, or bodily harm to the plaintiff must be shown.

Question 16

Generally, a principal ___ vicariously liable for its independent contractor’s torts.

However, vicarious liability will be imposed on the principal when ___ or ___.

Further, if the activity is a delegable activity, the principal may nonetheless be held vicariously liable if …

Answer 16

… is not … (1) the independent contractor’s work involves a non-delegable duty (e.g., when the work involved an abnormally dangerous activity) … (2) the principal negligently hired an incompetent independent contractor.

… (1) he retains the right to control any part of an independent contractor’s work and (2) does not use reasonable care when exercising that control

Question 17

SCOTUS has appellate jurisdiction over state court decisions based on federal law unless …

A decision rests on ___ when ___and ___.

Answer 17

… that decision rests on adequate and independent state grounds.

… adequate and independent state grounds … (1) state law completely resolves the matter such that the application of federal law would not affect the outcome of the case (adequate) … (2) the state court did not rely on federal law to decide the state law issue (independent).

Question 18

The 11th Amendment generally …

However, the 11th Amendment does not prohibit suits against a state official when___ or ___.

Answer 18

… bars private parties from suing a state in federal court without the state’s consent.

… (1) the official will pay the damages from their own pocket, which occurs when the official is sued for actions taken as an individual rather than as a government official … (2) the suit seeks a declaratory judgment or injunction, even if such relief would force the state treasury to pay money in the future to comply with the court order (i.e., prospective damages).