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 |
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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? |
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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 |
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