Taylor's Law School Review

Exam time is here! Let's do this!

3 Step Analysis to § 1367:Does §1367 give supplemental jurisdiction?Common nucleus of operative facts? (Gibbs)Does 1367(b) take it away?Is original jurisdiction founded solely on diversity under § 1332?Is it a claim by plaintiff against person made party under Rule 14, 19, 20, or 24? OR Is it a claim by a person to be joined as plaintiff under Rule 19 or intervene as plaintiff under Rule 24?Would supplemental jurisdiction be inconsistent with requirements of § 1332?[If "yes" to all 3, then §1367(b) takes it away]Should the court exercise discretion to decline under § 1367(c)?

How to attack a hypo to evaluate for jurisdiction.

Just the deadlines.

Based on my Master Outline for the Exam.

Overview of Rule StructuresLegal rules are typically organized into several key structural patterns used to define crimes, civil liabilities, or judicial procedures.1. Simple DeclarativeStructure Pattern: If A, then Z.Signal Words: None.Example: It is a crime to sell alcohol to a minor.2. Conjunctive (Elemental)Structure Pattern: If A and B and C, then Z (all elements must be met).Signal Words: "and," "with," "all".Example (Burglary): The nighttime breaking and entering of a dwelling of another with the intent to commit a felony.Example (Assault): An intentional, unlawful threat of violence, coupled with an apparent ability to do so, and an act creating well-founded fear of imminent violence.Example (Criminal Solicitation): Intent that another engage in a felony, plus the act of soliciting, commanding, or attempting to cause that conduct.3. FactorsStructure Pattern: If A, B, and C weighed together justify Z, then Z (usually starts with a standard).Signal Words: "Weigh(ing)," "outweigh(ing)," "consider(ing)," "including (but not limited to)," "factors," "circumstances".Example (Child Custody): The court must consider the best interests of the child, including their health/safety, history of abuse, contact with parents, and any parental substance abuse.Example (Alimony): Factors include standard of living, marriage duration, age/health of parties, financial resources, and other equitable factors.4. BalancingStructure Pattern: If A outweighs B, then Z.Signal Words: "Balance(d/ing)," "weigh(ed/ing)," "outweigh(ed/ing)," "consider(ed/ing)".Example (Privacy): An individual’s right to privacy must be balanced against the State’s interests in protecting the public.Example (Government Taking): An individual's right to unfettered property use is weighed against the state’s police power for zoning.5. Disjunctive (Alternative)Structure Pattern: If either A or B, then Z.Signal Words: "Or," "either".Example: A lawyer shall not collect a contingent fee in either a criminal matter or a divorce.6. Defeasible (Rule with Exception)Structure Pattern: If A, then Z, unless B.Signal Words: "Except," "unless," "but if".Example (Jury Instruction): A judge must give a requested jury instruction that accurately states the law unless it tends to mislead jurors.Example (Divorce Property): After a divorce petition is filed, no property transfer passes title except a bona fide transfer for preexisting debts.Example (Permits): No permit is required for structures or land alterations existing as of July 1, 1979.7. CombinationRules that utilize multiple structures listed above to define a legal standard.

Bluebook info from LR&W I

Discovery Tools

Ch. 21 of the Casebook and Rule 26

Rule 56 and how it is applied.

What is Rule 12, and how does it govern pre-answer motions?

Joinder and Supplemental Jurisdiction

FRCP 8, 9, and 12.

Rule 11 and sanctions

Complaints, Answers, Motions

How do they work together?

Transfers and Dismissals from Chapter 12 of the Civil Procedure Casebook

Just Venue, no transfer or dismissal

Finally, the oft-cited case of Erie Railroad Co. v. Tompkins (1938)

The contents of Chapter 10, explained by the weird AI people.

Just Chapter 9, which is maybe a quarter of the reading for Week 6.

Specific Jurisdiction, Ford Case, etc.

Personal Jurisdiction, International Shoe, World-Wide Volkswagen, and Burger King.

Removal, Pennoyer, and Intro to Personal Jurisdiction

This episode focuses on diversity jurisdiction, amount-in-controversy, aggregation of claims, and the federal question.

This episode covers Taylor's casebook and lecture notes from Week 1 reading.

This episode offers a comprehensive look at the foundations and complexities of contract law, analyzing its underlying philosophical tensions, practical applications, and theoretical justifications. Key excerpts explore the historical tension between individual freedom and social control within contract law, examining the shift from the classical emphasis on private autonomy to modern doctrines that incorporate greater social regulation, such as in cases involving unconscionability or inequality of bargaining power. Several sections analyze the theoretical bases for enforcing contracts, contrasting the sanctity of promises theory with the will theory, the injurious-reliance theory, and the equivalent theory, all of which seek to justify contractual obligation. Finally, the sources introduce sophisticated thinking tools for legal analysis, specifically using Wesley Hohfeld's framework to clarify legal relationships (right, privilege, power, and immunity) and the concept of acoustic separation to understand how conduct rules for the public may differ from decision rules used by judges.

This episode helps me memorize the rules that we reviewed in class in preparation for my semester exam.

Based off the PPT that my professor used to lead the exam review.

This overview is based upon all of my notes and case briefs for Contracts Law.

This episode is based off my outline for Torts class.