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Selected Topics (Part 1) > Roadmaps > Flashcards

Roadmaps Flashcards

1
Q

Roadmaps - Torts

Torts Analytical Approach

A

Overall Approach
1. Divide by Parties
2. Within each Party,

  • List each tort, then
  • Appropriate defenses (apply generally/overall)

.
Where Call of Question Focuses on Defenses/Specific Issue
1. Discuss the relevant cause of action in full
2. Separate major headings for each Call of Question
3. Specific Answer to Call of Question

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2
Q

Roadmaps - Torts

Vicarious Liability

(3)

A
  1. Negligence
  2. Intentional Torts
  3. Liability of Agents
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3
Q

Roadmaps - Torts

Intentional Torts

(8)

A
  1. General Requirements
  2. Assault
  3. Battery
  4. False Imprisonment
  5. Trespass to Chattels/Conversion
  6. IIED
  7. Abuse of Process
  8. Malicious Prosecution
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4
Q

Roadmaps - Torts

Defenses to Intentional Torts

(4)

A
  1. Consent
  2. Protective Privileges
  3. Defenses to False Imprisonment
  4. Necessity
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5
Q

Roadmaps - Torts

Negligence

(7+sub)

A

(1) Duty

  • Default Duty of Care
  • Children
  • Professionals
  • Possessors of Land
  • Special Duty Issues
  • NIED

(2) Breach

  • Default Breach
  • Res Ipsa Loquitor
  • Negligence Per Se

(3) Factual Cause
(4) Proximate Cause
(5) Harm
(6) Conclude on Negligence
(7) Defenses to Negligence

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6
Q

Roadmaps - Torts

Products Liability

(3+ sub)

A

Three Theories

  • Strict
  • Negligent
  • Breach of Warranty

(1) Strict Products Liability

(A) Products Defects

  • Manufacturing Defect
  • Design Defect
  • Failure to Warn

(2) Negligent Products Liability

(3) Breach of Warranty

  • Express Warranty
  • Implied Warranty of Merchantability
  • Fitness for Particular Purpose
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7
Q

Roadmaps - Torts

Tort Damages

A
  1. Purely Economic Loss
  2. Punitive Damages
  3. Tort Damages
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8
Q

Roadmaps - Criminal Law & Procedure

Criminal Law & Procedure

(11)

A
  1. Theft Crimes
  2. Crimes Against Habitation
  3. Crimes Against Person
  4. Homicide
  5. Inchoate Crimes
  6. Defenses to Crimes
  7. Fourth Amendment
  8. Confessions
  9. Exclusionary Rule
  10. Rights Relating to Trial
  11. Double Jeopardy
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9
Q

Roadmaps - Criminal Law & Procedure

Criminal Law & Procedure Analytical Approach

A
  1. Always Discuss by Defendant (unless joint crime, then assess together)
  2. Discuss Each Crime by Defendant
  3. Discuss Chronologically, if possible
  4. DO NOT DISCUSS: actus reus, mens rea, concurrence, or causation
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10
Q

Roadmaps - Criminal Law & Procedure

Theft Crimes

A
  1. Larceny
  2. Embezzlement
  3. False Pretenses (title) & Larceny by Trick
  4. Robbery
  5. Recieving Stolen Property
  6. Forgery
  7. Extortion
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11
Q

Roadmaps - Criminal Law & Procedure

Crimes Against the Person

(6)

A
  1. Criminal Assault
  2. Criminal Battery
  3. Mayhem
  4. False Imprisonment
  5. Kidnapping
  6. Rape
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12
Q

Roadmaps - Criminal Law & Procedure

Homicide

(4)

A
  1. Murder
  2. First Degree Murder
  3. Voluntary Manslaughter
  4. Involuntary Manslaughter
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13
Q

Roadmaps - Criminal Law & Procedure

Inchoate Crimes

(5)

A
  1. Attempt
  2. Solicitation
  3. Accomplice Liability
  4. Accessory after the Fact
  5. Conspiracy
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14
Q

Roadmaps - Criminal Law & Procedure

Defenses to Crimes

(7)

A

(1) Self-Defense
(2) Defense of Others
(3) Necessity
(4) Duress
(5) Mistake of Fact
(6) Intoxication
(7) Insanity

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15
Q

Roadmaps - Criminal Law & Procedure

Fourth Amendment

(5)

A
  1. Government Conduct
  2. Standing (REOP)
  3. (if stop) Stop & Frisk/Police Checkpoints
  4. Validity of Warrant
  5. Exceptions to Warrant Requirements
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16
Q

Roadmaps - Criminal Law & Procedure

Confessions

(6)

A
  1. 14th Amendment
  2. 6th Amendment
  3. 5th Amendment
  4. Identifications
  5. Informants
  6. Confrontation Clause (Co-Defendant Confessions)
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17
Q

Roadmaps - Criminal Law & Procedure

Rights Relating to Trial

(6)

A
  1. Right to a Speedy Trial
  2. Bail
  3. Pleas
  4. Ineffective Assistance of Counsel
  5. Right to Testify
  6. Right to Represent Self
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18
Q

Roadmaps - Real Property

Real Property

(9)

A
  1. Adverse Possession
  2. Estates in Land
  3. Landlord-Tenant
  4. Easements, Profits, & Licenses
  5. Covenants & Servitudes
  6. Conveyancing
  7. Mortgages & Deeds of Trust
  8. Lateral & Subjacent Supports
  9. Water Rights
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19
Q

Roadmaps - Real Property

Real Property - Major Issues

A
  1. Conveyancing
  2. Landlord Tenant
  3. Concurrent Estate
  4. Covenants & Servitudes
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20
Q

Roadmaps - Real Property

Real Property Analytical Approach

A

Mainly an issue where there isa series of conveyances

  1. Each document/transaction gets a separate header, regardless of Call of Question
  2. Discuss all documents/transactions chronologically (make timeline)
  3. Discuss each doument/transaction separately
  4. Track state of title over time
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21
Q

Roadmaps - Real Property

Estates in Land

(9)

A
  1. Fee Simple
  2. Life Estate
  3. Remainder
  4. Fee Simple Determinable
  5. Fee Simple Subject to Condition Subsequent
  6. Merger
  7. Class Gifts
  8. Rule Against Perpetuities
  9. Concurrent Estates
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22
Q

Roadmaps - Real Property

Landlord-Tenant

(4+ sub)

A

1. Type of Lease

  • Term of Years
  • Periodic
  • Holdover

2. Did Tenant Fail to Pay Rent?
3. Tenant’s Defenses

  • Landlord’s Duty to Mitigate
  • Landlord’s Implied Covenants
  • Tenant’s Implied Covenants

4. Assignment Issues

  • Assignment
  • Sublease
  • Express Covenants that Run with the Lease
  • Waste
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23
Q

Roadmaps - Real Property

Easements, Profits, & Licenses

(5)

A
  1. Easement Umbrella Rule
  2. Easement Creation
  3. Easement Types and Transfer
  4. Easement Termination
  5. Profits
24
Q

Roadmaps - Real Property

Covenants & Servitudes

(4)

A
  1. Covenant
  2. Equitable Servitude
  3. When Covenant Runs with the Land
  4. When Equitable Servitude Runs with Land
25
Q

Roadmaps - Real Property

Conveyancing

(6)

A
  1. Statue of Frauds
  2. Deeds
  3. Quitclaim Deed
  4. Warranty Deed
  5. Marketable Title
  6. Recording Statutes
26
Q

Roadmaps - Real Property

Mortgages & Deeds of Trust

(7)

A
  1. Mortgage
  2. Foreclosure
  3. Rights of Redemption
  4. Owner of Note Secured by Mortgage
  5. Deed of Trust
  6. Deed of Trust Foreclosure
  7. Deficiency Judgment
27
Q

Roadmaps - Real Property

Water Rights

(3)

A
  1. Riparian Rights
  2. Diffusion of Surface Water
  3. Groundwater
28
Q

Roadmaps - Civil Procedure (CA + Federal)

Civil Procedure

(15)

A
  1. Personal Jurisdiction
  2. Service of Process
  3. Subject Matter Jurisdiction
  4. Venue
  5. Eerie Doctrine
  6. Removal & Remand
  7. Abstention
  8. Pleading
  9. Motions to Strike
  10. Joinder
  11. Discovery
  12. Motions
  13. Trial
  14. Class Actions
  15. Claim & Issue Preclusion
29
Q

Roadmaps - Civil Procedure (CA + Federal)

Civil Procedure Analytical Approach

A
  1. Address all motions
  2. Conclude on whether the motion was properly/should be granted
  3. Conclude on each subissue.
30
Q

Roadmaps - Civil Procedure (CA + Federal)

Personal Jurisdiction

(3)

A
  1. Traditional Bases (STOP if applicable)
  2. Long Arm Statute
  3. Minimum Contacts
31
Q

Roadmaps - Civil Procedure (CA + Federal)

Service of Process

(2)

A

Only discuss if:
1. Motion to Quash on grounds of insufficient service
2. Motion to Dismiss for failure to properly serve
3. Call of the Question raises issue

Order of Analysis
1. Under Federal Rules
2. Under California Rules

32
Q

Roadmaps - Civil Procedure (CA + Federal)

Venue

(3)

A
  1. Venue Proper
  2. Transfer of Venue
  3. Forum Non Conveniens
33
Q

Roadmaps - Civil Procedure (CA + Federal)

Removal & Remand

(5)

A

Removal
1. Requires Subject Matter Jurisdiction
2. Removal Venue
3. All Defendants Must Join
4. Diversity Limits
5. Timeliness

Remand

34
Q

Roadmaps - Civil Procedure (CA + Federal)

Pleading

(5)

A
  1. Federal - Notice Pleading
  2. California - Fact (Code) Pleading
  3. California - Doe Amendments
  4. Federal - Amendments Relating Back
  5. California - Demurrers
35
Q

Roadmaps - Civil Procedure (CA + Federal)

Joinder

A

If Call of Question asks whether defendant’s motion to dismiss for failure to join –> compulsory joinder issue

Compulsory Joinder
1. Joinder Proper?
2. Joinder Possible w/o Destroying Jurisdiction?
3. If Joinder not possible –> Absent Party Indispensable?

.
If Call of Question asks whether plaintiff’s motion to add a defendant –> permissive joinder

Permissive Joinder
1. Motion to Allow Joinder
2. All Claims against D

36
Q

Roadmaps - Civil Procedure (CA + Federal)

Discovery

(4)

A
  1. Scope (Relevance)
  2. Nonparties
  3. Initial Disclosures
  4. Work Product
37
Q

Roadmaps - Civil Procedure (CA + Federal)

Motions

(3)

A
  1. Summary Judgment
  2. Trial Motions - FRCP
  3. Trial Motions - CA CCP
38
Q

Roadmaps - Civil Procedure (CA + Federal)

Trial

(2)

A
  1. Order of Trial (Fed + CA)
  2. Waiver of Jury Trial Right (Fed + CA)
39
Q

Roadmaps - Civil Procedure (CA + Federal)

Claim Preclusion

A

Comes up as a basis for a motion for summary judgment

  1. Claim Preclusion
  2. Issue Preclusion
  3. Offensive Collateral Estoppel
40
Q

Roadmaps - Contracts

Contracts

(9)

A
  1. Choice of Law
  2. Formation
  3. Defenses to Formation
  4. Defenses to Enforcement
  5. Third Party Beneficiaries & Assignees
  6. Construction
  7. Conditions
  8. Breach
  9. Excuses/Discharge
41
Q

Roadmaps - Contracts

Formation

(6)

A
  1. Unilateral & Bilateral Contracts
  2. Formation Umbrella
  3. Offer
  4. Revocation
  5. Acceptance
  6. Consideration
42
Q

Roadmaps - Contracts

Defenses to Formation

(5)

A
  1. Mistake
  2. Ambiguity
  3. Fraud
  4. Illegality
  5. Capacity
43
Q

Roadmaps - Contracts

Third Party Beneficiaries & Assignees

(3)

A
  1. Third Party Beneficiaries
  2. Assignment
  3. Delegation
44
Q

Roadmaps - Contracts

Conditions

(2+sub)

A

(1) Condition vs. Promise
(2) Types of Conditions
* Conditions Precedent
* Conditions Subsequent
* Constructive Conditions

45
Q

Roadmaps - Contracts

Breach

(4)

A
  1. Materiality
  2. Anticipatory Repudiation
  3. Demand for Assurances (UCC)
  4. Implied Covenant of Good Faith & Fair Dealing
46
Q

Roadmaps - Contracts

Excuses/Discharge

(5)

A
  1. Impossibility
  2. Impracticability
  3. Frustration of Purpose
  4. Accord & Satisfaction
  5. Waiver
47
Q

Roadmaps - Remedies

Remedies

(7)

A
  1. Contract Legal Remedies
  2. Contract Equitable Remedies
  3. Tort Legal Remedies
  4. Tort Equitable Remedies
  5. Property Remedies
  6. Unjust Enrichment
  7. Equitable Defenses
48
Q

Roadmaps - Remedies

Remedies Analytical Approach

A

(1) Cause of Action

  • Contract
  • Tort
  • Property
  • Quasi-Contract / Unjust Enrichment /Restitution

(2) Type of Remedy

  • Legal
  • Equitable

.
NOTE: injunctions and specific performance require success on the cause of action

49
Q

Roadmaps - Remedies

Contract Legal Remedies

(7)

A

If there is a valid contract, only discuss expectancy and consequential damages NOT promissory estoppel or reliance.
.

  1. General Requirements
  2. Expectancy (Benefit of Bargain)
  3. Consequential Damages
  4. Reliance Damages
  5. Incidental Damages
  6. Liquidated Damages
50
Q

Roadmaps - Remedies

Contract Equitable Remedies

(5)

A
  1. Specific Performance
  2. Provisional Remedies
  3. Recission
  4. Reformation
  5. Declaratory Judgment
51
Q

Roadmaps - Remedies

Tort Legal Remedies

(2 + sub)

A

(1) Types of Tort Damages

  • General
  • Special
  • Punitive

(2) Requirements

  • Causal (but-for)
  • Foreseeable (at time duty breached; proximate cause; relaxed for interntional)
  • Certain (not speculative)
  • Unavoidable (mitigation)
52
Q

Roadmaps - Remedies

Tort Equitable Remedies

(2)

A
  1. Provisional Remedies
  2. Permanent Injunction
53
Q

Roadmaps - Remedies

Property Remedies

(3)

A
  1. Damages
  2. Injunction
  3. Waste
54
Q

Roadmaps - Remedies

Unjust Enrichment

(6)

A
  1. Quasi-Contract
  2. Replevin
  3. Ejectment
  4. Constructive Trust
  5. Equitable Lien
  6. Resulting Trust
55
Q

Roadmaps - Remedies

Equitable Defenses

(4)

A
  1. Laches
  2. Unclean Hands
  3. Sale to Bone Fide Purchaser
  4. When Injunction Generally Unavailable

Selected Topics (Part 1) (7 decks)

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