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Civil Procedure
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
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
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
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
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