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14 Cards in this Set

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  • Back
  • 3rd side (hint)
What are the distinguishing factors of the Hobbesian paradigm/triadic model of litigation
1. Bipolar
2. Retrospective
3. Rightremedy interdependent
4. Self-contained
5. Party autonomy
list five things
triadic is p,d and n
Matthews Test
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
Rule 1
Scope and purpose of rules
Rule 7
Complaint and Answer - Forms of motion - low cost entry
Rule 8
General rules of pleading - jurisdiciton, statement of facts, prayer for relief
Rule 8(e)(2)
Alternative pleading allowed
McCormick v Kopman
Rule 11
Signing of Pleadings, Motions, and Other Papers, Representation to courts Sanctions
Atty must make reasonable inquiry into fact and law
Rule 12
Defenses and Objections
Rule 12(e)
more definite
Rule 9(b)
Fraud Mistake, Condition of Mind
Harlan Tree
1. Fed rule? - No - HT
2. Fed conflict State? - N0 = Fed
3. Scope of REA (constitutional)? - yes
Harlan Test
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
WWVW test
1. Advertising
2. Designed for that forum
3. Physical Presence
4. reaped benefits from forum state's economy or infrastructure
Asahi balancing test
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