Author: esquire
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RULE 302. APPLYING STATE LAW TO PRESUMPTIONS IN CIVIL CASES
RULE 302. APPLYING STATE LAW TO PRESUMPTIONS IN CIVIL CASES In a civil case, state law governs the effect of a presumption regarding a claim or defense for which state law supplies the rule of decision. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1931; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes…
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RULE 301. PRESUMPTIONS IN CIVIL CASES GENERALLY
RULE 301. PRESUMPTIONS IN CIVIL CASES GENERALLY In a civil case, unless a federal statute or these rules provide otherwise, the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption. But this rule does not shift the burden of persuasion, which remains on the party who had…
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RULE 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS
RULE 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS (a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact. (b) Kinds of Facts That May Be Judicially Noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial…
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RULE 106. REMAINDER OF OR RELATED WRITINGS OR RECORDED STATEMENTS
RULE 106. REMAINDER OF OR RELATED WRITINGS OR RECORDED STATEMENTS If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part (of evidence) — or any other writing or recorded statement — that in fairness ought to be considered at…
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RULE 105. LIMITING EVIDENCE THAT IS NOT ADMISSIBLE AGAINST OTHER PARTIES OR FOR OTHER PURPOSES
RULE 105. LIMITING EVIDENCE THAT IS NOT ADMISSIBLE AGAINST OTHER PARTIES OR FOR OTHER PURPOSES If the court admits evidence that is admissible against a party or for a purpose — but not against another party or for another purpose — the court, on timely request, must restrict the evidence to its proper scope and…
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RULE 104. PRELIMINARY QUESTIONS
RULE 104. PRELIMINARY QUESTIONS (a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege. (b) Relevance That Depends on a Fact. When the relevance of evidence depends…
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RULE 103. RULINGS ON EVIDENCE
RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and…
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RULE 102. PURPOSE
RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1929; Apr. 26, 2011, eff. Dec.…
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RULE 101. SCOPE; DEFINITIONS
RULE 101. SCOPE; DEFINITIONS (a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding;…
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Civil Procedure 1 – Martin
Civil Procedure Professor Martin Personal Jurisdiction Traditional Basis for Jurisdiction Pennoyer v. Neff Rule: Every state possesses exclusive jurisdiction and sovereignty over persons and property within its territory; therefore, the courts of that state may enter a binding judgment against a non-resident only if he is personally served with process while within the state, or, if…
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Civil Procedure – Law School Outline 1L
I. STATUTORY AUTHORIZATION—IS IT AUTHORIZED? A. Long Arm Statutes YES, bc the “last tortious act” of the radiator valve exploding occurred in IL. (Gray vs. American Radiator) NO, the breach of fiduciary duty (last tortious act) occurred in TX and the connection to the diminution of funds was “too remote” (Green v. Advance Ross) differences–Gray:…
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Civil Procedure 2 – Outline Attack Sheet
Discovery The scope of discovery as defined in FRCP 26(b) states that a party may discover any item relevant to a claim ore defense WHEN it is reasonably calculated to lead to the discovery of “admissible” evidence. (in contrast to the older rule which required relevancy to the “subject matter” of the case). Items available…
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Kemble v. Farren – Case Brief
Essential Supplements for Success in 1L Contracts: 1L Law School Contracts outline based on the following books: Contracts: Aspen Roadmap Law Course Outline (Aspen Roadmap Law Course Outlines) Emanuel Law Outlines: Contracts, Tenth Edition Kemble (Theater) v Farren (Comedian) Court of Common Pleas 6 Bing. 141, 130 Eng. Rep. 1234 [1829] pg 163 Facts Theater…
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Jacobs & Young v. Kent – Case Brief
Essential Supplements for Success in 1L Contracts: 1L Law School Contracts outline based on the following books: Contracts: Aspen Roadmap Law Course Outline (Aspen Roadmap Law Course Outlines) Emanuel Law Outlines: Contracts, Tenth Edition Jacobs & Young v. Kent – Case Brief Kent (Homeowner) wanted JY (Contractor) to use only READING wrought iron pipe for…
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Bush v. Gore – 2000
SUPREME COURT OF THE UNITED STATES GEORGE W. BUSH, et al., PETITIONERS v. ALBERT GORE, Jr., et al. ON WRIT OF CERTIORARI TO THE FLORIDA SUPREME COURT [December 12, 2000] I On December 8, 2000, the Supreme Court of Florida ordered that the Circuit Court of Leon County tabulate by hand 9,000 ballots in Miami-Dade…
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Harris v Balk – 1905. Case Brief
Harris v Balk 1905 pg160 / sup 54 Facts Harris NC $180 –> Balk NC $300 –> Epstein MD $180 ——————————————–> Harris goes to MD to visit Epstein sues Harris in MD to recover part of Balks debt (this satisfied quasi in rem over Balks debt to Epstein Harris was personally served the writ of…
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Pebble Beach Company v. Caddy
Pebble Beach Company v. Caddy Facts Caddy a dual citizen owns a bed and breakfast overlooking a rocky beach in England named “Pebble Beach” Caddy worked for a short period in Carmel, CA Runs a promotional “non-interactive” website www.pebblebeach-uk.com website lacks a reservation system Pebble Beach had the burden to prove Caddy had “performed some…
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Hilarious Law School Funny Videos
Take a time out from the books and get your chuckle on, hilarious law school funny videos are guaranteed to crack you up in the library. Tell us which one is your favorite ar post your favorite funny lawschool video if you dont see it in the list, keep checking back as the list will…
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HELICOPTEROS NACIONALES DE COLUMBIA, S.A. v. HALL – Case Brief
HELICOPTEROS NACIONALES DE COLUMBIA, S.A. v. HALL Supreme Court of US 1984 466 US 408, 104 S.Ct 1868, 80 L.Ed.2d 404 pg 142 Facts Helicol trains pilots, purchases parts, performs maintenance, and sends management to work with Bell Helicopter in Texas. Negotiates terms of contract while in Fort Worth TX. Contracting for transport work in…
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Personal Jurisdiction Flow Chart – Civil Procedure 1 (1L)
Follow the flow chart to establish or deny personal jurisdiction: