Legal Three

Author: esquire

  • Education Law Attack Sheet

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    FAPE must include: 1) public $; 2) state standards; 3) appropriate placement; 5) conform with IEPElig: Child w/ disability AND who by reason thereof NEEDS sped/related services.Disability: mental retardation; hearing impairments; deafness; speech or language impairment; visual impairments (including blindness); serious emotional disturbances; orthopedic impairments; autism; traumatic brain injury; other health impairments; specific learning disabilities;…

  • Evidence Outline – Federal Rules of Evidence

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    Federal Rules of Evidence Law School Supplements Evidence Under the Rules, Seventh Edition (Aspen Casebook Series) Casenotes Legal Briefs: Evidence, Keyed to Mueller & Kirkpatrick, 7th Edition Emanuel Law Outlines: Evidence (The Emanuel Law Outlines) Law in a Flash: Evidence 2011 Evidence: Examples & Explanations, Eighth Edition Evidence Final Outline   CA v FRE CA:…

  • Erie Doctrine Attack Sheet

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    ERIE SUMMARY – CHECKLIST   Federal Law Applies (in federal courts):   Substantive Law: Rules of Decision Act Federal Statute Federal Constitution Federal Treaty Federal Common Law Application of Uniform Federal Interest Triggered by uniquely federal interest requirements: admiralty, intrastate, international, etc cases   Procedural Law: Federal Statute Federal Constitution Federal Treaty Rules Enabling Act…

  • Condensed Torts Outline

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    Intentional torts: fault based torts (fault is required) Intentional Interference with Person or Property Mistake: Result is intended at time act was committed, but D claims to have acted under erroneous but reasonable belief that would have explained the conduct. Didn’t intend exactly what happened Mistake: Result was intended. I intended harm to the animal…

  • Special Education Law School Outline

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    IDEA (does not have damages remedies; other two do) Section 504 (1973) ADA (1990)   Case Review   PARC & MILLS – the seventies Legal to not allow students with disabilities to attend public schools Struck down local statutes and regulations that excluded children with disabilities from schools and training programs Est that children with…

  • Civil Procedure Outlines

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    Pleadings Pleading generally – be alert whenever the fact pattern gives you information about either (1) when a pleading was served or filed (whether it’s a complaint, answer or reply,) or (2) the contents of the pleadings. The complaint Jurisdiction allegations – if the pleading you are given is a federal complaint, make sure that…

  • Education Law Outline

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    Case Review   PARC & MILLS Legal to not allow students with disabilities to attend public schools Struck down local statutes and regulations that excluded children with disabilities from schools and training programs Est that children with disabilities were to be afforded access to FAPE Est that students were to be reevaluated every few years…

  • Evidence Outline – Federal Rules of Evidence Outline

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    Federal Rules of Evidence Law School Supplements Evidence Under the Rules, Seventh Edition (Aspen Casebook Series) Casenotes Legal Briefs: Evidence, Keyed to Mueller & Kirkpatrick, 7th Edition Emanuel Law Outlines: Evidence (The Emanuel Law Outlines) Law in a Flash: Evidence 2011 Evidence: Examples & Explanations, Eighth Edition Evidence Outline   ARTICLE IV. RELEVANCY AND ITS…

  • Criminal Law Outline 1L

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    Essential Supplements for Success in Crim Law: 1L Law School Criminal Law outline based on the following books: Examples & Explanations: Criminal Law, Sixth Edition Understanding Criminal Law Chapter 1-3 Punishment may not justly be imposed where the person is not blameworthy (3) Violations & Infraction  Minor misconduct; No incarceration. Sixth Amendment – in…

  • Law School Crim Law Outline

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    Essential Supplements for Success in Crim Law: 1L Law School Criminal Law outline based on the following books: Examples & Explanations: Criminal Law, Sixth Edition Understanding Criminal Law Reading for Monday, August 24, 2009 Dressler Chapter 1-3   Chapter 1: Criminal Law, an Overview Nature of Criminal Law It’s the study of crimes and moral…

  • Criminal Law Outline

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    Essential Supplements for Success in Crim Law: 1L Law School Criminal Law outline based on the following books: Examples & Explanations: Criminal Law, Sixth Edition Understanding Criminal Law CRIM LAW OUTLINE   Burdens of Proof 7.01 Putting the Issues in Procedural Context 7.02 Burden of Protection B. Who Has the Burden? C. How Great is…

  • Crim Law Outline

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    Essential Supplements for Success in Crim Law: 1L Law School Criminal Law outline based on the following books: Examples & Explanations: Criminal Law, Sixth Edition Understanding Criminal Law I.Purposes and Policies Behind the MPC/Criminal Statues Legality (three elements): criminal statutes should be understandable to reasonable law-abiding persons criminal statutes should be crafted so as not…

  • Property Outline – Law School

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    Property Outline Fall 2003, Wiggins   Themes, Trends, Tension in LAW OF PROPERTY • Jurisprudence • JD tensions center around what should the law look like in its context and structure? • tension b/tw rules (doctrines that are clear and predictable so results are clear and predictable) vs. standards (justice and fairness) • law (application…

  • Real Property Law School Outline

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    1. FIRST POSSESSION: Acquisition by Discovery, Capture, or Creation   Acquisition by Discovery   Johnson v. M’Intosh – Title by discovery (or conquest). Possession v. title Indians had no right to transfer title to their lands. Discovery (by Europeans) gave title to Europeans, which then passed to the States. Native Americans had no right of…

  • Crim Law Outline

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    Essential Supplements for Success in Crim Law: 1L Law School Criminal Law outline based on the following books: Examples & Explanations: Criminal Law, Sixth Edition Understanding Criminal Law Criminal Law Outline Model Penal Code   MPC 1.03 – Territorial Application Deals with crimes occurring outside of the State Convicted for own conduct or other’s if:…

  • Civ Pro Attack Sheet Law School

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    Pleadings in federal cts – regime of notice pleading but in testing out individual pleadings, ct no longer will just endorse broad conclusions they used to endorse. Plausibility – what’s pled & form in which its pled, plausibly states a coa in the context of that particular case Didn’t overturn some of the forms of…

  • Civil Procedure Attack Sheet

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    Personal Jurisdiction Overview Introduction Pennoyer v Neff: originally found that for the state to exercise power over individuals or property there must be valid service of process on the individual or attachment of property in the state. No 14th Amendment yet but said that due process would apply the same limitations on exercise of jurisdiction.…

  • Civil Procedure Outline – 1L Second Semester (Spring 2010)

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    Civil Procedure Outline Spring 2010 Pleadings    PLEADINGS >> used to put the parties on notice of the other party’s contentions. Rules on the Form of Pleadings comes from Rule 10 – (a) caption, names of parties; (b) paragraphs; separate statements; and (c) adoption by reference; exhibits. Per Rule 11(a) – every pleading, motion, paper,…

  • Civil Procedure and the Erie Doctrine

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    The Erie Doctrine When should a federal court apply federal law, and when should it apply state law?   28 USC §1652: Rules of Decision Act The laws of the states, except where the constitution, treaties, or US statutes shall otherwise require or provide, shall be regarded as rules of decision in trials at common…

  • Civ Pro Law School Outline

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    Civ Pro Outline PLEADINGS Intro In General: P begins a civil action by filing in a court of appropriate J a complaint seeking some sort of judicial relief against specified Ds. The court thereupon issues its process (e.g. summons) directing the named Ds to appear. A D “appears” by filing some sort of response (e.g.,…