2002 Feb Essays Memo

Q1 Civil Pro

• Jury Trial: 7th amendment

• not incorporate with 14th Amd.
• Erie: substantial or procedural?
  

• Remove: from State Court to Federal Court by Defendant

• diversity case: diversity of citizenship+75K
  

• Remand: P's motion to request the case staying in state court
  
• Judgment as a Matter of Law (CA: Direct Verdict)

• effect: take the case away from jury
• reasonable minds cannot disagree
• timing: for D, at end of P's evidence or at end of all evidence; for P, at end of all evidence
  

• Renewed Motion for Judgment as a Matter of Law (CA: JNOV)

• Fed:only the party move for direct verdict can move for JNOV
• CA: doesn't have the same restriction
• "final judgment" can appeal
  

Q2 K/Remedies ( Pasta maker had a K with grower to get tomato, grower repudiated)

• requirements K

• quantity: good faith
• lack of consideration

• parole evidence rule
• anticipatory repudiation
• replevy ( UCC rules)
• fraud
• misrepresentation
• unconscionability
• specific performance: Cha Cha Is My Favorite Dance
• Preliminary Injunction
• Mitigate
  

Q3 Corp

Federal securities regulations
Duty of Care: Officer
Duty of Care: BOD

Q4 Trusts/PR ( wife=lawyer=trust drafter=trustee)

• Trust: San Diego Taco Is President Bush's Preference
• Undue Influence
• Fraud/Misrepresentation
• Trustee's Duty: Fiduciary Duty

• Self-Dealing
• Conflicts of Interest
• Property
• Prudent Investor

• Beneficiary's Remedy @ trustee's breach
  

• ratify
• surcharge

• PR

Duty of Loyalty

Duty of Competence

Duty of Fairness

Q5 Con Law

• standing
• personal standing: causatoin/redressibility
• organization
• due process (5th amendment: life, liberty, property)
• procedural due process

• what kinf of right

  the importance of the right

  the effect of providing procedure protection

  balance: gov. burden/ climant benefit

• substantive due process
• equal protection
• 5th Amendment taking clause
• is there a taking
  

Q6 Evidence

• Judicial Notice

• notorious: common knowledge

  manifest: easily ratified by accessable authority

  instruction to jury

  civil: conclusive

  criminal:

  fed: not conclusive

  CA: conclusive

• form: personal knowledge
• public policy exclusion

• settlement offer

  remedial mesaures

  insurance info

• document

• writer's personal knowledge

  authentication: can be done by witness's testismony

  best evidence rule: if trying to prove the contect of a document, the
  original copy must be provided, if the it's not available, an explanation must
  be given.

• expert testimony---> plz check

• qualification

  certainty about her opinion

  have a factual base