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14 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What are the distinguishing factors of the Hobbesian paradigm/triadic model of litigation
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1. Bipolar
2. Retrospective 3. Rightremedy interdependent 4. Self-contained 5. Party autonomy |
list five things
triadic is p,d and n |
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Matthews Test
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1. Private Interest - magnitude of deprivation, relationship to what is being denied
2. Risk of error and value of additional process in preventing error 3. State interest/general efficiency |
list three elements
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Rule 1
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Scope and purpose of rules
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Rule 7
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Complaint and Answer - Forms of motion - low cost entry
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Rule 8
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General rules of pleading - jurisdiciton, statement of facts, prayer for relief
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Rule 8(e)(2)
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Alternative pleading allowed
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McCormick v Kopman
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Rule 11
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Signing of Pleadings, Motions, and Other Papers, Representation to courts Sanctions
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Atty must make reasonable inquiry into fact and law
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Rule 12
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Defenses and Objections
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Rule 12(e)
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more definite
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Rule 9(b)
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Fraud Mistake, Condition of Mind
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Harlan Tree
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1. Fed rule? - No - HT
2. Fed conflict State? - N0 = Fed 3. Scope of REA (constitutional)? - yes |
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Harlan Test
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Woudl applciation of federal rule change ex ante behavior? - yes - can't apply Fed rule b/c upsets balance of federal and state power that congress intended
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WWVW test
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1. Advertising
2. Designed for that forum 3. Physical Presence 4. reaped benefits from forum state's economy or infrastructure |
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Asahi balancing test
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1. P interst in bringing suit in state
2. Forum stat's interest in defending the rights of its citizens 3. Burden to D of defendin in Ps forum 4. Legal system's interest in efficient resolution fo disputes |
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