Tag Archive
The Similarity is Obvious…
For those of you wondering what law school reading is all about, I have excerpted a textbook example of how accessible the law really is. »
Tort Law: Cause in Fact
In order to establish a cause of action based on negligent conduct, or any other type of tortious conduct, the plaintiff usually must establish that the defendant's conduct caused the plaintiff's claimed damages »
Tort Law: Trespass
An action for trespass is designed to protect an owner's interest in exclusive possession of real or personal property in its intact physical condition. Therefore, a trespass is an injury to property committed by one not rightfully in possession. A trespasser is one who enters onto the property of another without any right or... »
Tort Law: False Imprisonment
The action of false imprisonment descends from the the common law writ of trespass and is one of the oldest causes of action in our legal system. An action for false imprisonment is intended to compensate an injured plaintiff whose freedom of movement has been unjustifiably hindered. In other words, when an individual is... »
Tort Law: Proximate Cause
Proximate Cause differs from cause in fact, although together they make causation for purposes of negligence. Courts will also interchange phrases. In order to prove proximate cause, the plaintiff has to show that the causal relationship between the defendant's conduct and the plaintiff's injury was not too attenuated, remote, or freakish to justify imposing... »
Civil Procedure: Venue
Governed by §1391, venue concerns the appropriate district court in which an action may be filed. Venue statutes are generally concerned with convenience, as they seek to channel lawsuits to an appropriately convenient court, given the matters raised and the parties involved in an action »
Civil Procedure: Personal Jurisdiction
Personal Jurisdiction refers to the courts power to enter judgement against a defendant. Without personal jurisdiction, the court cannot bind the defendant to an obligation or adjudicate any rights over property. Personal Jurisdiction can be exercised when a defendant has met both statutory and constitutional requirements. Personal Jurisdiction can be either Specific or General,... »
Civil Procedure: Grable Substantial Federal Issue Test
The Grable Test carves out a "special and small category" of cases from state court jurisdiction arising from state-law claims. The Grable Test serves to determine whether federal question jurisdiction exists when there is a federal issue claimed to be embedded within a state law claim. Grable & Sons Metal Prods. v. Darue Eng'g... »
Subject Matter Jurisdiction: §1331 – Federal Question
In order to get into Federal Court under §1331, a plaintiff must demonstrate that a the case arises from a right or interest that is substantially founded on federal law. Further, the federal question must be affirmatively stated in the complaint, which is known as the well-pleaded complaint rule. »
Civil Procedure: Erie Doctrine
Erie established that in federal diversity cases, matters characterized as substantive would be governed by state law, and those characterized as procedural would be governed by federal law. This became known as the “substance versus procedure” test. »