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BLAW Cheat Sheet (DRAFT) by

This is a draft cheat sheet. It is a work in progress and is not finished yet.

Class 2

Discovery: Most expensive part of case. Includes Interr­oga­tory, deposi­tion, document production
Federal Court Structure: US district courts > US court of appeals > US supreme cout
Jurisd­iction: Can a court hear a claim and can they force the defendant to appear

Class 3

Types of formation of Princi­pal­-Agent
Apparent Authority: Apparent authority exists when a third party reasonably believes based on the princi­pal's actions that the agent is authorized to enter contracts on the princi­pal's behalf
Agency by Ratifi­cation: If a principal approves or accepts benefits from actions of agent that have also accepted agent
written agreements
implied from conduct
Indepe­ndent Contra­ctors
Right to control test: a multi-­factor tests to determine if agent is employee or indepe­ndent contractor
When hiring a IC, you bargain only for results not for control
Contract wording does not determine if someone is an employee or an indepe­ndent contra­ctor, rather the nature of the work does.
Vocab
Deteur: a small deviation but still within scope of employment
frolic: a large deviation outside the scope of employment
 

Jurisd­iction

Personal Jurisd­iction
Subject Matter Jurisd­iction
1) Consent
1) State courts always have SMJ to hear state claims
2) Citize­nship
2) Federal courts have SMJ to all federal claims and over state claims through diversity jurisd­iction
3) Service of Process
DJ: plaintiff and defendant from different states and damages exceed $75,000
4) Long-arm jurisd­iction: def conducts business in state or event in question happened in state
in order to hear a claim a court must have both SMJ and personal jurisd­iction

Actual Authority

Expressed
Implied
Comes from words or actions. Agent has authority if they have a justified belief that they are acting on the wishes of the principal.
Authority do anything to complete the task asked in express authority. Was the act usual or customary?
 

Negligence

1) Duty- act as a reasonable person would to avoid harming another person
2) Breach- break said duty
3) Causation- use but/for test
4) Harm