Index for Take Note - Course Note Outline Week 1-2 note...

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Course Note Outline: Week 1-2 (** note: numbers refer to page numbers ) 1. Torts, contracts property law 2. Agency Law, legal principles and remedy, law v equity 3. Equitable remedy, substantive v procedural, criminal v civil, ethical dilemmas 4. Stare decisis, Trombetta- (Aunt hit by car), Enacted v Statutory law 5. Constitution, States and Common Law, UCC, Blowers- (drunks on horses- relevant statutes) 6. Gallagher (light the church to keep up with societal mores), sources of changes in law (social evolution, increased knowledge, societal stress) 7. Thyroff (conversion of computer data- also demonstrates keeping up with society), judicial procedure, and types of jurisdiction 8. Long arm statutes, standing (right to sue), preemption (displacement of state laws by federal laws) 9. US Courts, Circuit Court of Appeals, Jurisdiction, diversity of citizenship (plaintiffs from different states), ADR (arbitration and mediation) Week 3 1. Pre-trial procedure, complaint and answer, discovery, motion for summary 2. More on trial procedures, torts (intentional/unintentional), battery 3. Defenses to battery (consent, privilege), assault, false imprisonment, intentional emotional distress, Lourcey- guy shoots wife, carrier who witnessed, horrible enough? Hustler- voidable contract? 4. Defamation of character, invasion of privacy, Samsung- example of appropriation, and intrusion 5. Torts against property (trespass, conversion, trespass to real property, nuisance) Week 4
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1. Unintentional torts, components of winning case, Thompson v Kaczinski - whether trampoline accident breached statutory duty 2. Roland Feichetner - Wife killed by brick under bridge, forseeability of event and negligence? Proof of cause and effect, Kambat - the gauze speaks for itself 3. More causation, supervening cause, Oklahoma bombing- foreseeable that crazy dude bombs? Proximate cause 4. Palsgraf v LIRR - seperation of “wrong” and “negligent”, predictable harm, spooked horse during parade to car accident, defenses of negligence 5. Modification of contributory negligence, assumption of risk, Trupia -dumb kid falls sliding on banister, weeeee!, assumption of risk? Naaaa 6.
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  • Fall '07
  • GROSSMAN,D.
  • The Lottery, M.A. Mortenson Co., Hustler- voidable contract, contracts- Osprey LLC

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