Category: Law School Notes
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Understanding the Erie Doctrine: A Pillar of Federal-State Legal Dynamics
In the tapestry of American jurisprudence, few doctrines have had as transformative an impact as the Erie Doctrine, established by the Supreme Court in the 1938 decision of Erie Railroad Co. v. Tompkins. This doctrine redefined the application of state law in federal courts and reshaped the interaction between federal and state legal systems. This…
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Understanding the Byrd Balancing Test: A Landmark in Federal Jurisprudence
In the realm of U.S. federal jurisprudence, few principles have been as pivotal as the Byrd Balancing Test, a doctrine shaped by the 1956 Supreme Court decision in Byrd v. United States. This doctrine is essential for understanding how federal courts decide whether to apply state law or federal law, especially in matters related to…
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Essential Components of Contracts
I. Components of Contracts The Restatement (Second) of Contracts 1. Assembly of normal law standards, with a few improvements not in the regular law, that are handy in elucidating the lion’s share standard. 2. Exceptionally compelling – while NOT a statute and tying on courts in essence, a few courts have received parcels to be…
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Education Law
Education Law Notes CA as a state for education law 10th Amendment – specifies the powers not delegated to the US by the Const, nor prohibited by it to the States, are reserved to the States respectively, or to the people State has power through the 10th Amendment, education is a power of the state…
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Education Law Attack Sheet
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;…
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Erie Doctrine Attack Sheet
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…
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Civ Pro Attack Sheet Law School
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…
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Civil Procedure and the Erie Doctrine
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…
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California Torts
Top 4 Supplements for 1L Torts: We need to consider two factors in Tort Liability Negligence The Professional CA Statute: imposes a locality rule for Drs who provide emergency room services in a general acute care hospital. Also expert testimony only admitted from surgeons with substantial medical training. Informed consent: CA uses reasonable prudent person…
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Federal Rules of Evidence – Scientific Evidence & Privileges Intro
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 Federal Rules of Evidence Law School Supplements Evidence…
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Federal Rules of Evidence – Opinion and Expert Testimony
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 Federal Rules of Evidence Law School Supplements Evidence…
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Federal Rules of Evidence – Hearsay Exceptions
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 Federal Rules of Evidence Law School Supplements Evidence…
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Federal Rules of Evidence – Introduction to Hearsay
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 Federal Rules of Evidence Law School Supplements Evidence…
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Federal Rules of Evidence – Nonhearsay Under FRE (FRE 801, et al.)
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 Non Hearsay Under FRE 801 Chapter 4: Hearsay…
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Federal Rules of Evidence – Authentication and Identification
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 Federal Rules of Evidence Law School Supplements Evidence…
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Federal Rules of Evidence – The “Best Evidence” Doctrine
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 Federal Rules of Evidence Law School Supplements Evidence…
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Federal Rules of Evidence – Impeachment of a Witness (FRE 608, FRE 609, et al.)
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 Chapter 8: Impeachment of Witnesses FRE 608 Impeachment…
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Federal Rules of Evidence – Relevancy
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 Chapter 2: Relevance Introduction: Relevance: Everyday…
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Federal Rules of Evidence – Judicial Notice
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 Federal Rules of Evidence Law School Supplements Evidence…
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Federal Rules of Evidence – Witnesses
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 Federal Rules of Evidence Law School Supplements Evidence…