Legal Three

Author: esquire

  • Top 100 U.S. Law Schools

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    2011 U.S. News Rank Law School Educational Quality Rankings 2008 GPA 25th-75th % 2008 LSAT 25th-75th % 2008 Student/Faculty Ratio 1 Yale University (CT) 1 3.82-3.96 170-176 7.3 2 Harvard University (MA) 2* 3.76-3.96 171-176 11.0 3 Stanford University (CA) 4 3.77-3.97 167-172 8.0 4 Columbia University (NY) 5 3.60-3.81 170-175 10.1 5 University of…

  • Cause in Fact – Torts

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    Top 4 Supplements for 1L Torts: We need to consider two factors in Tort Liability Cause in Fact – Facts proving that the defendant’s conduct was the cause of the plaintiff’s harm in a physical or scientific way The court constistantly denies liability in tort when the defendents negligent actions are not the cause of…

  • Contracts Outline – Law School 1L

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    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 I.Breach and Remedies   A.Types of Relief   1.Expectation Damages   a)Introduction to Expectation Damages   Expectation damages: Your current situation…

  • Hymowitz v. Eli Lilly & Co. 1989 Ct. App. NY 73 NY2d 487 – Case Brief

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    Hymowitz v. Eli Lilly & Co. 1989 Ct. App. NY 73 NY2d 487 Involves daugheters, whose mothers wanted to prevent miscarriage by taking a drug Mothers took the drug DES, 1000s of women were prescribed this. 200 Manufacturers marketed the product for miscarriage, show to casuse cancer Now the daughters are older and suing They…

  • Torts Outline – 1L

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    Top 4 Supplements for 1L Torts: We need to consider two factors in Tort Liability Torts Outline Prof. Ursin II. Intentional Torts Goals of the Torts System Accident reduction, place liability where it is most likely to prevent harm Compensation to innocent victims Loss distribution (insurance etc) Fairness and justice Negligence The failure to exercise the…

  • Contracts Outline – Attack Sheet

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    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 1L Law School Contracts outline based on the following books: Contracts: Aspen Roadmap Law Course Outline (Aspen Roadmap Law Course Outlines) (Kelly)…

  • Civil Procedure Outline – 1L

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    Federal and State Jurisdiction 1 {Section I Jurisdiction} Introductory Survey of Civil Procedure US Constitution Article III Section 1: The powers of the United States are vested in one U.S. Supreme Court. Section 2: The power of the US Supreme court extends to all cases in law and equity arising under the Constitution, the laws…

  • Defenses to Tort Claims – Torts

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    Torts – Defenses Defenses to Tort Claims Look at the Duty Owed by the D!!! Dont look at the Plaintiffs Assumption of Risk No Duty For Sports Doctrine Judge made rules for particular types of activities Thats what court does with the intentional injury recklessness rule acting Players have a duty not to intentionally injure…

  • Torts Outline – Condensed (1L)

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    Top 4 Supplements for 1L Torts: We need to consider two factors in Tort Liability Intentional Torts Battery Intentional infliction of harmful or offensive bodily contact (define each word) Has to be an act has to be intent, to bring contact or apprehension Intent 2 prongs Purpose of having contact OR Knowledge contact is substantially certain…

  • Economic Loss – Torts

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    Top 4 Supplements for 1L Torts: We need to consider two factors in Tort Liability Economic loss has two categories No physical harm to anyone or anyones property physical harm to someone or someones property No Physical Harm :: AccountantAccounting firm uses a balance sheet for the wrong corporation, client bases a decision on the…

  • Intentional Infliction of Emotional Distress (ED) – Torts

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    Duty rule of Emotional Distress Developed in 19th century Said man up, dont be a pussy Concerned about fraudulent claims Emotional distress caused by fear of personal physical harm Duty, there’s no duty, in certain circumstances, to protect against emotional distress. Gammon v Osteopathic Hospital (Was the Emotional Distress Foreseeable???) Guy got a leg in…

  • Landowners and Occupiers – Torts

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    CALIFORNIA HAS LEAD THE WAY IN EXPANSION OF MANY VIEWS OF DUTY Duty Rules are made by courts as a matter of law; they are about the choice of a rule to be applied to a category of conduct; they are not about the facts of the case Once adopted, juries apply duty rules to…

  • Medical Malpractice – Torts

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    Sheeley v Memorial hospital Sheeley injured during episotomy during birth Sued second year family practice resident Dr SPECIAL RULE ordinary medical practice standard of care Trial court refused to accept expert testimony from Dr Leslie Because he was a specialist ObGYN, delivered 4,000 babies Had not practiced since 1975 Member of New York standard of…

  • Strict Liability & Res Ipsa Loquitur – Torts

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    Escola v. Coca Cola Bottling Co. Bottle came from bottle manufacturer. Bottles are used and reused The used bottles are not again subject to testing for defects after the first inspection by the manufacturer If the tests are economically not feasible then they shouldnt be tested (Learned Hand Test) Cafe probably bought the Cokes from a…

  • Proof of Negligence – Torts

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    Stores were negligent in their practices if the danger had been there for a while, eg dirty floor broken jars case Some states but not all, Stores will not be liable UNLESS you can prove length of time that danger was there Business practice rule Vermont, If business practice (like store with produce out) creates reasonable…

  • Pecora v Wabash Railroad – Case Brief

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    Crossing 4 tracks View was blocked by parked box cars Crossed –> hit by train Cardozo belives the Goodman rule (you must get out and look at RR crossing) should be limited to the Goodman case Suppose possible Jury instruction was, if the plaintiff didnt take reasonable care he should not win If Plaintiff win…

  • Baltimore Rail Road v Goodman, case brief

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    Baltimore RR v Goodman Goodman driving less than 60mph Slowed down to 10mph to listen for train Looks, but view blocked by track homes Proceeded across 5-8mph hit and killed by train Widow sued Won at trial (later reversed in favor of RR for Goodmans own negligence in not checking with reasonable care) Holding (Holmes)…

  • Adams (dumb boy) v. Bullock (trolly owner) – Case Brief

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    Adams v Bullock Facts Defendant owns a trolly line trolly power wires are too high to reach from street level the bridge overhead is too high for anyone to reach from above 12 year old boy is walking on bridge and swings a wire off the edge boys 8 ft wire hits the trolly wire…

  • Picard v. Barry Pontiac-Buick, Inc. – Case Notes

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    Top 4 Supplements for 1L Torts: We need to consider two factors in Tort Liability Picard v. Barry Pontiac-Buick, Inc. Rule Assault: A physical act | of a threatening nature| [or] an offer of corporal injury | {which} puts an individual | in reasonable fear | of imminent bodily harm • Requires apprehension, you can batter…

  • Accidental Torts – Notes and Cases

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    Accidental Torts Brown v Kendall Judge Shaw The first half of the century there were not many tort cases, mostly settled out of court. Nearing the industrial revolution torts became more common What was Judge Shaw doing, what was the outcome, how did he get there Shaw – The P can not recover if both…