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Civil Procedure

13 topics

Subject Matter Jurisdiction

"Baby, You've Got To Qualify"

Federal question and diversity jurisdiction requirements

Summary Judgment

"No Genuine Dispute"

Rule 56 standards

Discovery

"Turn It Over"

Required disclosures, scope of discovery, proportionality

Removal

"I Chose This Place"

Well-pleaded complaint, forum defendant, unanimity

Erie Doctrine

"You Just Can't Make It Up"

When federal courts apply state law

Service Of Process

"I Got Served"

Formal delivery, summons & complaint, process, server, proof of service

Rule 12(b)(6)

"That's Not Enough"

Defenses and objections, motions to dismiss

Personal Jurisdiction

"Why Are You In My House"

Minimum contacts and due process requirements

Supplemental Jurisdiction

"Side-Piece"

Common nucleus of operative fact, "piggy-back" jurisdiction

Venue

"You Can't Just Pull Up"

Proper venue rules

Federal Rules Of Civil Procedure Rule 12

"The 12 Commandments"

Pre-answer motions

Sufficiency Of The Evidence

"Different Time, Same Question"

Summary Judgment (Rule 56) v. Judgment as a Matter Of Law (JMOL, Rule 50(a))

Contracts

9 topics

Offer And Acceptance

"No Contract"

The formation of contracts through offer and acceptance

Statute Of Frauds

"My Legs"

When contracts must be in writing

Parol Evidence Rule

"You Should Have Written It Down"

When extrinsic evidence can be used

Third Party Rights

"If You Meant It For Me"

Third party beneficiaries, assignment

Contract Defenses

"This Deal Won't Stand"

Incapacity, duress, undue influence

Conditions And Performance

"If You Do Your Part"

Conditions precedent, concurrent, subsequent

Breach And Remedies

"Major Break Or Minor Breach"

Material vs. minor breach. Damages.

Criminal Law

10 topics

Actus Reus & Mens Rea

The two-part foundation of every crime: a voluntary act (or omission where a duty exists) plus a culpable mental state.

Homicide

Murder degrees, voluntary and involuntary manslaughter, and the felony-murder rule.

Inchoate Crimes

Attempt, conspiracy, and solicitation — punishing preparation short of the completed offense.

Accomplice Liability

Aiding and abetting; the Pinkerton rule for conspirator liability for foreseeable co-conspirator crimes.

Criminal Defenses

Self-defense, insanity (M'Naghten, MPC, irresistible impulse), duress, necessity, and intoxication.

Larceny & Property Crimes

Larceny, embezzlement, false pretenses, and larceny by trick — knowing which fits which fact pattern.

Robbery, Burglary & Arson

The classic property-plus-force crimes: robbery, common-law and modern burglary, and the malicious burning of arson.

Criminal Assault & Battery

Criminal (not tort) assault and battery — the intent and harm elements that carry a jail sentence.

Rape & Sexual Offenses

Modern statutory framework, consent, and force requirements; statutory rape as a strict-liability offense.

Criminal Causation

Cause-in-fact and proximate cause in the criminal context; intervening and superseding causes.

Property

11 topics

Estates in Land

Overview of freehold estates: fee simple, defeasible fees, fee tail, and life estates.

Future Interests

Reversions, remainders (vested vs. contingent), executory interests, and the Rule Against Perpetuities.

Concurrent Ownership

Tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety.

Landlord-Tenant Law

Leaseholds, quiet enjoyment, constructive eviction, and assignment vs. sublease.

Easements & Servitudes

Express, implied, and prescriptive easements; real covenants; equitable servitudes.

Real Estate Contracts

Statute of Frauds, marketable title, equitable conversion, and risk of loss.

Deeds & Recording Acts

General warranty, special warranty, and quitclaim deeds; race, notice, and race-notice statutes.

Mortgages

Lien vs. title theory, priority among mortgagees, and judicial vs. non-judicial foreclosure.

Zoning & Land Use

Non-conforming uses, variances, special exceptions, and the takings clause.

Adverse Possession

"SQUAT (Ten Toes Down)"

Acquiring title through possession that is Open, Notorious, Continuous, Exclusive, and Hostile for the statutory period (ONCEH).

Fee Simple Absolute

"Jingling Keyz"

The greatest possible ownership interest — infinite duration, freely transferable, and inheritable; no future interests attached.

Torts

8 topics

Strict Liability

"Strictly Yours"

Abnormally dangerous activities

Negligence: Damages

"Make Me Whole"

Compensatory damages

Negligence: Causation

"Actual v. Proximate (1928)"

Actual cause and proximate cause

Intentional Torts

"All The Torts"

Assault, Battery, Negligence, IIED

Assault

"Before The Fall"

Intentional creation of apprehension

Negligence: Breach

"Reasonable"

Reasonably Prudent Person standard

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