Rules

Question 1

Erie Doctrine

Answer 1

ABcDErie

1. Federal law that contradicts state law?

Yes – Use federal law if valid -

• Valid: deals with “practice or procedure” and does not “abridge, enlarge, or modify” a substantive right
• No – Step 2

2. Determine if issue is substantive (A,Bc,D, EERIE )
   - Avoid forum shopping
   - Balance interest of courts
   - Outcome determinative (would affect outcome of law)
3. If State law is substantive – using State’s choice of law provision, decide which states’ laws to use

Question 2

Collateral Order Doctrine

Answer 2

Double Jeopardy & Immunity

1. Unreviewable on appeal
2. Conclusively determined by lower court
3. Seperable & collateral to issue

Question 3

Interlocutory Appeal Act

Answer 3

1. Lower court certifies
2. Controlling issue
3. Substantial likelihood of difference of opinion
4. materially advance case

Question 4

Permissive Joinder

Answer 4

Same T/O

Common question of law/ fact

Does not destroy diversity

Question 5

Supplemental Jurisdiction

Answer 5

1. Common nucleus of operative fact
2. Does not destroy SMJ
3. If DOC - No claims against people brought in with Supp J under 14 (impleader), 19 (compulsory joinder), 20 (permissive joinder), 24 (interpleader)
4. If DOC - No claims by people brought in with Supp J under 19 (Compulsory joinder) or 24 (interpleader)

Question 6

Types of Takings

Answer 6

Regulatory: regulation - no economically viable use (investment backed expectations)

Per se Taking: perm. physical occupation - permanent & total loss of economic vlaue

Exaction as taking: exacting promsies - no taking if nexus between interest & taking & rougly proportional

Question 7

Establishment Clause Main Test

Answer 7

Purpose: secular

Effect: advance/inhibit

Entangle

Question 8

“Narrowly Tailored”

Answer 8

incidental burden on speech is no greater than necessary to further that interest

Question 9

School Speech

Answer 9

Personal speech + campus: substantial disruption (exception: illegal drug use)

Personal speech + off campus: Compare: bullying, cheating, threats, pedagogical/safety interests outweighs speech interest of students

Part of school: regulate reasonably in light of legit. Educational objectives

Question 10

Public Employment & Speech

Answer 10

Private concern + workplace: unprotected

Public Concern + Not part of job: probably protected – balance: (ie employee of health dpt commenting no absence of “no smoking” policy)

Employee’s speech interest vs.

interest of efficient workplace

Private concern + Not part of job: probably protected absent detrimental effect

Speaking part of job duties: unprotected

Question 11

DCC Analysis

Answer 11

State can regulate interstate commerce to the extent that it does not: (C F U W)

1. Conflict with federal law
2. Facially discriminate against OOS commerce – Per se unconstitutional

Exceptions

1. Market Participant
2. Necessar & No Alt
3. Necessary for imp. Noneconomic interest (unrelated to protectionism) +
4. no non-discriminatory alt.
5. Undue burden on OOS commerce
   
   1. Local benefits (clear & valid purpose) vs Burden on OOS Commerce
6. Regulate wholly OOS

Question 12

Compulsory Joinder

Answer 12

1. Complete relief to existing parties
2. Such important interest that not joining them will either:
   
   1. cause impairment to them
   2. substantial risk of multiple/inconsistent liability

Jurisdiction?

Indispensable:

1. Prejudice to absent/others
2. Prejudice can be shaped
3. Judgement will be adequate?
4. Will plaintiff have adequate remedy if not included?

Question 13

Negligent Misrepresentation

Answer 13

1. Representation in professional capacity
2. D breached duty to P
3. P justifiably relied on misrepresentation
4. misrepresentation caused harm to P
5. Damages - must be pecuniary, not emotional

Question 14

Specific Intent Crimes

Answer 14

solicitation; attempt; conspiracy;

first degree premeditated murder;

assault (attempted battery); larceny; robbery; burglary;

forgery;

false pretenses; and embezzlement

Question 15

Adequate Assurances

Answer 15

UCC

Reasonable grounds for insecurity

Deamnd assurances that performance will be forthcoming at proper time

Must be made in writing

Suspends own performance until response

Must be within reasonable time (not to exceed 30 days)

Treat K as repudiated

Question 16

Requirements for Deposition

Answer 16

Notice = party; Subpeona = non-party

• reasonable particularity matters for examination
• If corp: name deponent as “entity name” & entity will name person to testify on its bhealf

Question 17

When does Rule 11 apply?

Answer 17

Pleadings

nonfrivolous & not issued to harass/ delay the adversary

warranted by law

factual conditiosn have evidentiary support

denials of factual contentiosn are warranted on evidence

NOT APPLICALBE: discovery requsts, responses, objections motions

Question 18

Rule 11 vs. Rule 26(g) vs. Rule 37(b)

Answer 18

Rule 11: pleadings & sanctions

26(g): sanctions for improper certification of discvoery requsts, responses, objections (NOT failure to respond to question in deposition)

Rule 37(b): failure to comply with court order (must speicifcally bring this)

Question 19

Personal Jurisdiction

Answer 19

Such minimum contacts as to not offend traditional notions of fair play and substantial justice.

1. Minimum Contacts
   
   1. purposeful availment
   2. foreseeability
2. Relatedness
   
   1. Specific
   2. General
3. Fairness
   
   1. Burden on D’s witnesses
   2. State’s interests
   3. P’s interests

Question 20

Interpleader

Answer 20

1. $500 +
2. Minimum diversity
3. nationwide PJ
4. Venue whereever a D lives

Question 21

Class Action (broad requirements)

Answer 21

1. $5 million +
2. 100 + P
3. minimum diversity of representatives

Question 22

Venue - Where does Corp reside

Answer 22

Wherever it has PJ