Ordinarily, if a person receives property for a limited or temporary purpose, he is only acquiring custody.
Thus, if a person receives property from the owner with instructions to deliver it to the owners house,
he is only acquiring cus
8/30/2016: Supplemental Jurisdiction
Supplemental jurisdiction is really about efficiency- captures related claims
- Breach of contract
- Fair labor standards Act claim
o FLSA will automatically get you into federal cour
Damages for Breach of Contract
DO THE HOOKER CASE 76-83
Office hours: Monday and Wednesday 4-5, suite 355E; 865-5989
treatise on contract, by allan Farnsworth> copies in the library (2004)
- Williston on contracts
8/31/2016: Profit calculations
Tongish v. Thomas
- Plaintiff entered into contract with Coop, where he would grow seeds that would be purchased
- Coop got into a contract with bambino bean, to sell them the beans, there only profit would b
United States v. Aleynikov
- Aleynikov uploaded source code used to define HTF from Golman-Sachs
- He transported that source code via computer to meetings in Chicago
- Convicted of Theft unde
8/24 Hawkins v. Masters Farms
Glannon is the best; FPP on WestLaw
Civil procedure- ties together every non-criminal part of law; nuts and bolts to prosecuting your civil
rights not criminal courts.
- Federal court practice, NOT state.
- CIVIL, not crimina
8/25/2016: Subject Matter Jurisdiction
- First amendment claims
- Federal civil rights
- Federal environmental
- Fair labor and standards act
- Truth in lending act
- Copyright and trademark
- Congress, in 1906, made a
8/24/2016: Hooker Case
- Restitution focuses on the breaching party. Removes the benefit realized
o Does NOT measure the cost of the aggrieved party, but the measure of benefit to the
- Reliance- only
Theft: Farraj Case
WEIRD TALK ABOUT ARSON
Making conduct criminal
- Court interpretations
Trial judges may not necessarily provide limits to this power
- In the base jumping case, judge denies motion to dismiss
8/29/2016: Breach of Contract
WHY DO THEY WANT A UNIFORM RULE?
Expectancy is the basic rule of damages- put them in position had full performance occur
- you have landowner (Groves and Peevyhouse) and you have the lesee (wunder and garland
SILENCE OF THE
Supervisor: Professor Addis Adeno
DIRECTED RESEARCH PREPARED OF:
OGUNMODIMU OLAWALE KOLAWOLE (LLM)
TULANE UNIVERSITY LAW SCHOOL | NEW ORLEANS, LA, U.S.A
AMBIGUITY OF SILENCE OF TH
Jurisprudence: study/practice of law
State Laws vs. Municipal laws (traffic laws, property, etc.)
Common Law: Past cases to show how situation was interpreted
Segregation was one of the cases where the supreme court over-ruled them
On Friday November 7, 2014, at 9 A.M. I went to the Orleans Parish Criminal Court
House. I observed section L, which is Judge Franz Zilbich. It was being held in section D
because section L was being used for a first-degree murder trial. The prosecutor ha
1. A. General skim p. 385-404
1. At common law, rape is a general-intent crime.
2. Wrongful intent is a prerequisite to a conviction of rape.
3. Unlawful sexual intercourse with a woman.
2. B. Force Requirement p. 411-422; 434-447
3. Usually fo
1. D. Felony Murder p. 315-318; skim 318-326; 327-345
2. Under common law it has to be an inherently dangerous felony.
1. One is guilty of murder if a death results from conduct during the
commission or attempted commission of any felony.
2. Felony murder
1. A. General p. 235-238; skim 238-247; 247-253
1. At common law, murder was defined as the unlawful killing of another
human being with malice aforethought. Malice can be express or
2. Four states of mind:
1. Intent to kill (1ST DE
C. Mens Rea p. 149-175; 175-193; 194-213
Mens Rea means a guilty mind; a guilty or wrongful purpose; a criminal
It is possible to have two mens reas for one act.
1. Culpability (broad definition, general intent) - Any morally culpable state of
Elements of a Crime
A. Legality p. 92-113; 113-126
1. If statute is clear & unambiguous construe strictly & apply plain
meaning result can be standard outcome or absurd outcome
2. If absurd outcome then look at:
1. Judicial interpretation
IV. Inchoate crimes (Incomplete crimes)
1. The most common offenses are: attempt, solicitation and
2. A. Attempt p. 738-765; 765-789
1. 1. Mens Rea
All crimes become specific intent when attempted:
1) Intent to commit the acts
2) Must perform
1. B. Conspiracy p. 797-798; 801-816; 819-824
1. 1. General Principles
2. MPC - purpose to promote or facilitate.
3. Cannot conspire to commit an unintentional crime
4. In common law, you can be charged with conspiracy to commit
a crime and the crime itse
1. A. Self-Defense p. 500-524; 525-546
1. Killing in self-defense is only allowed when its a necessity.
Response has to be proportionate.
2. Self-Defense is a complete defense.
1. 1. There must be an actual or apparent threat.
2. 2. The thre
1. C. Duress p. 583-603
1. Three elements of the duress defense in the common law:
1. 1. An immediate threat of death or serious bodily injury.
2. 2. A well-grounded fear that the threat will be carried out.
3. 3. No reasonable opportunity to escape the t