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Civil Procedure
Subject Matter Jurisdiction
"Baby, You've Got To Qualify"
Federal question and diversity jurisdiction requirements
Service Of Process
"I Got Served"
Formal delivery, summons & complaint, process, server, proof of service
Personal Jurisdiction
"Why Are You In My House"
Minimum contacts and due process requirements
Summary Judgment
"No Genuine Dispute"
Rule 56 standards
Removal
"I Chose This Place"
Well-pleaded complaint, forum defendant, unanimity
Rule 12(b)(6)
"That's Not Enough"
Defenses and objections, motions to dismiss
Erie Doctrine
"You Just Can't Make It Up"
When federal courts apply state law
Supplemental Jurisdiction
"Side-Piece"
Common nucleus of operative fact, "piggy-back" jurisdiction
Discovery
Required disclosures, scope of discovery, proportionality
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
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.
Torts
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