Civil Procedure Torts Leg Reg
What is the amount in controversy for diversity jurisdiction?
Over $75,000
If a person has a physical disability, what is the applicable standard of care?
The standard of care is what a reasonable, ordinary, prudent person would do who had the same physical characteristics of the defendant.
What is the difference between ejusdem generis and noscitur a sociis?
Ejusdem generis includes a catch all and noscitur a sociis does not include a catch all.

You can ask the students to give you an example of both.
What is the citizenship of a corporation for subject matter jurisdiction?
Every state where it is incorporated and the one state where it has its principal place of business.
What type of force can you use to defend your property?
Reasonable force. You cannot use force that will cause death or serious bodily harm to defend your property.
What is the rule against surplusage?
Interpret words in such a way that they are not redundant. Two different words cannot have the same meaning.
How can an individual be served?
An individual can be served 1) personally, 2) by leaving a copy at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there, or 3) by delivering a copy to an agent authorized by the defendant.
What is the difference between intent in a battery claim and intent in an intentional infliction of emotional distress claim?
Intent in battery claims require knowledge with substantial certainty or on purpose. Intent in intentional infliction of emotional distress claims includes recklessness as well.
What is the doctrine of last antecedent?
A doctrine where a court interprets a qualifying clause to refer to the immediately preceding words or phrases.

Example: When interpreting the phrase: memos or letters written by the attorney, a court would read the qualifying clause (written by the attorney) as referring to “letters” but not “memos.”
Who can remove a case to federal court?
In negligence cases, to what standard is a child held?
A child is required to conform to the standard of care of a child of like age, education, intelligence, and experience.

When a child engages in a potentially dangerous activity that is normally on that only adults engage in, the child will be required to conform to the same standard of care as an adult participating in that activity.
What is Scrivener's error?
Scrivener’s error is a minor typographical mistake. It can be corrected by outside evidence if the evidence is clear, convincing, and precise.
What is the difference between subject matter jurisdiction and personal jurisdiction?
Subject matter jurisdiction involves the court’s power over a particular type of case. Personal jurisdiction involves the ability of a court having subject matter jurisdiction to exercise power over a particular defendant or item of property.
What is the difference between trespass to chattels and conversion?
Conversion is when the interference with the chattel is so serious in nature, or so serious in consequences, that Defendant should pay full value in damages. Trespass to chattels is when the interferences weren’t so serious in nature or consequences.
What does in Pari Materia mean?
When a statute is ambiguous, its meaning may be determined in light of other statutes that are on the same subject.


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