PROPERTY PAGE 1
CAPTURE OF WILD ANIMALS (ferae naturae)
Exercise of dominion/control over WA constitutes poss. of the animal and ownership is vested in possessor.
o Mortally wounding/trapping constitutes constructive poss., provided the hunter pursues th
Helps future governments/interpreters to interpret the constitution, tells what they did and
why they did it
Does not confer any rights nor impose any duties - Not legally operative
Domestic tranquility - law and order
Individual Tax Book Notes
Page 1 of 31
Preparation for Week 1 : Text Chapters 1 & 2; be prepared to discuss the problems.
Chapter 1: Introduction to Federal Income Taxation
Problem: M/M Taxpayer (married) management consultants. Business is unincorpor
Torts Outline Fall 2015
A. Intent need not be malicious
B. Intent must be to bring about consequences (not merely the intent to do an act)
i. This is determined on an objective basis (reasonable person sta
THE CONSTITUTION ITSELF
1) WE THE PEOPLE of the United States, in Order to form a more perfect Union,
establish Justice, insure domestic Tranquility, provide for the common
defence, promote the
Constitutional Law I
No CREDIT FOR CASES CITED NOT GONE OVER IN CLASS OR IN BOOK!
The Constitution as a Whole
Whats not there: No guarantees of rights No bill of rights
Deliberate choice: Thought liberty would be more secure if t
What is evidence?
Definition: Testimony, writings, material objects, or other things presented to the senses that are offered
to prove the existence or nonexistence of a fact.
-This definition comes from the Cal. Civ. Codeevidence is not
CIVIL PROCEDURE PAGE 1
DOES THE COURT HAVE JURISDICTION OVER THE PARTIES?
- Two steps:
o Satisfy long-arm statute if applicable
o Satisfy Due Process
- For Due Process must get ONE of:
o Domicile in state
o Present in state when served
ARE THE PLEADINGS PROPER?
- Date of filing of the complaint is what counts for SoL in federal question suits.
- Diversity suits-depends on how state law defines commencement.
o Statement of jurisdiction
If pleading diversity, a stat
University of Akron
A promise or set of promises for the breach of which the law gives remedy, or the performance of which the law in
some way recognizes as a duty.
A totality of the legal rights and duties that arise fr
Personal Jurisdiction Based on Citizenship, Consent and Waiver
Suit in the Defendants Home State
A defendant is subject to the personal jurisdiction of his/her/its home state. Home state may be defined:
(1) for individuals by reside
The Constitution of The United States, including Amendments (and my own comments on it)
Preamble: We, the people, in order to form a more perfect union, establish justice., ensure domestic tranquility, provide for the common
defense, .do ordain and establ
Professional Responsibility Rules (with notes)
Page 1 of 36
MODEL PROFESSIONAL RESPONSIBILITY RULES
RULE 1.0 TERMINOLOGY
(a) "Belief" or "believes" denotes that the person involved actually supposed the fact in question to be true. A person's
belief may b
University of Akron School of Law
A civil wrong, other than a breach of contract, for which the law provides a remedy.
Imposes duties on persons to act in a manner that will not injure other persons.
In tort litigation, ju
Brown v. Kendall
Supreme court of Massachusetts 1850
Procedural History: Trial jury ruled in favor of the plaintiff (Brown)
Facts: Two dogs, owned by defendant and plaintiff were fighting. Kendall tried to separate them
by hitting them with a stick, when
Practice Negligence Essay Question
Prof. Cravens Fall 2011
It was 10:45 on a sunny Tuesday morning in the summer of 2005, and 17-year-old
John Madison was listening to his favorite radio station, WGSZ: The Voice of the City.
WGSZ (or "the station") had a
In order to establish a prima facie case of negligence, a must prove the
following elements: physical injury, a duty owed to , a breach of that duty by , the
cause of the injury related to the breach.
Pacey can sue Derek for negligence because he prepa
i. Two Types
1. General/ Unqualified
a. Reasonably foreseeability of causing physical harm that is preventable
b. Reasonable care under the circumstances
I. Development of liability based upon fault
a. History of Fault Requirement
i. Write of trespass proof of direct and immediate application of force to person or
property renders liable irrespective of fault
ii. Brown v. Kendall must show that either the
Perry v. SN and SN (1998)
Texas Supreme Court
Procedure: Plaintiffs filed for negligence Court of appeals found for plaintiffs and render
judgment that plaintiffs take nothing
Facts: Three friends of daycare owners saw a one of the owners abusing children
Moore v. The Regents of the University of California (1990)
Supreme Court of California
Procedure: Trial court sustained demurrer and dismissed entire complaint because of their view
that the other counts simply repeated the first allegation. The appeals
Causation in Fact
Perkins v. Texas and New Orleans R. Co.
Supreme Court of Louisiana (1962)
Procedure: The trial court awarded damages, the court of appeals affirmed.
Facts: The widow is suing the railroad companies. Her husband was hit by a train while r
Cole v. Turner (1704)
Upon evidence in trespass for assault and battery
1. That the least touching of another in anger is battery
2. If two or more people meet in a narrow passage and without any violence or design of
harm, the one touches th
Cordas v. Peerless Transportation Co. (1941)
City court of NY
Facts: A guy gets robbed in NY, the two guys that robbed him ran away, and the guy started
chasing them. The victim starts chasing the guy with the pistol. He sees the guy with the pistol
De May v. Roberts (1881)
Supreme Court of Michigan
Facts: the plaintiff was in labor and her doctor came to take care of her and he brought with
him a guy who was really supposed to be helping carry his things. In the course of the night it
looks like he
Professional Responsibility Reading Notes
Assignment for First Class: Forward, Preface, Introduction in Text; My Hands Are Tied and In the matter of Mark C. Paulter.
(book assignment notes were truly minimal)
Issues related to general concerns
I N T E R OF F I CE M EM OR A N D U M
FROM: MARY L. WILSON
ETHICAL ISSUES REGARDING THE RISENSHINE ACCOUNT
I have identified two main ethical issues as a result of Joses information. This memo
will address each
Professional Responsibility Class Notes
Page 1 of 30
Page 1 of 30
Character is an issue WHEN:
Negligent entrustment do you know something about that character is untrustworthy
Specific Instances of other Misconduct