To the buyer once the item is given to a common carrier
F.O.B. (buyer's location) transfers risk when
Yes
Does Congress have the power to provide uniform rules for bankruptcy
1. At least 100 members
2. Primary Defendants are not states, state officials, or state entities
3. Does not involve securities related cases
4. Amount in controversy exceeds $5 million in sum
5. Minimum diversity (one P, one D from different states)
Class Action Fairness Act Requirements
Free and clear of an unreasonable risk of litigation at the time of closing
Marketable title must be
When the goods are identified (unless contract states otherwise)
When does a buyer acquire insurable interest in goods?
unlawful killing of another
with malice aforethought
Common-law murder
Burglary
Arson
,Robbery
Rape
Kidnapping
Crimes capable of Felony-Murder at common Law
ONE of the following
-Intent to kill
-intent to do serious bodily injury
-Reckless indifference for human life (depraved heart)
-Intent to commit a felony
Malice aforethought
Murder in response to adequate provocation ("heat of passion")
Could inflame passion of a reasonable person to the extent they cat out of passion rather than reason
Voluntary manslaughter
Intentional Homicide committed with criminal negligence (recklessness under MPC) or during
unlawful act
Something less than depraved-heart murder
Involuntary manslaughter
Trespassory
Taking and
Carrying away
of the personal property of another
,With the intent (specific)
to permanently deprive person of property
Does not include services
Larceny
Larceny + force or threat of force
Robbery
Owner of property entrusts property with another
The other then converts the property
Embezzlement
Larceny
Accomplished by fraud or deceit
That results in conversion of property of another
Larceny by trick
Making
Of a false writing
With apparent legal significance &
Intent to defraud
Forgery
Obtaining title to property
of another person
, Through the reliance of that person
On a known false representation of a material past or present fact
The representation is made with the intent to defraud
False Pretenses
Determining
Ambiguous terms
Condition precedent
Prior extrinsic evidence allowed in Parol Evidence Rule
For "sum certain" - no notice
For all others - 7 days
Default Judgment Notice Requirements
1- Representation by defendant's attorney must fall below objective standard of reasonableness
AND
2- Attorney's deficient performance prejudiced defendant
Ineffective Assistance of Counsel
- Within 14 days of certification
- Whether to hear appeal is at court's discretion
- Final judgment rule does not apply
How do you appeal Class Action Certification
F.O.B. (buyer's location) transfers risk when
Yes
Does Congress have the power to provide uniform rules for bankruptcy
1. At least 100 members
2. Primary Defendants are not states, state officials, or state entities
3. Does not involve securities related cases
4. Amount in controversy exceeds $5 million in sum
5. Minimum diversity (one P, one D from different states)
Class Action Fairness Act Requirements
Free and clear of an unreasonable risk of litigation at the time of closing
Marketable title must be
When the goods are identified (unless contract states otherwise)
When does a buyer acquire insurable interest in goods?
unlawful killing of another
with malice aforethought
Common-law murder
Burglary
Arson
,Robbery
Rape
Kidnapping
Crimes capable of Felony-Murder at common Law
ONE of the following
-Intent to kill
-intent to do serious bodily injury
-Reckless indifference for human life (depraved heart)
-Intent to commit a felony
Malice aforethought
Murder in response to adequate provocation ("heat of passion")
Could inflame passion of a reasonable person to the extent they cat out of passion rather than reason
Voluntary manslaughter
Intentional Homicide committed with criminal negligence (recklessness under MPC) or during
unlawful act
Something less than depraved-heart murder
Involuntary manslaughter
Trespassory
Taking and
Carrying away
of the personal property of another
,With the intent (specific)
to permanently deprive person of property
Does not include services
Larceny
Larceny + force or threat of force
Robbery
Owner of property entrusts property with another
The other then converts the property
Embezzlement
Larceny
Accomplished by fraud or deceit
That results in conversion of property of another
Larceny by trick
Making
Of a false writing
With apparent legal significance &
Intent to defraud
Forgery
Obtaining title to property
of another person
, Through the reliance of that person
On a known false representation of a material past or present fact
The representation is made with the intent to defraud
False Pretenses
Determining
Ambiguous terms
Condition precedent
Prior extrinsic evidence allowed in Parol Evidence Rule
For "sum certain" - no notice
For all others - 7 days
Default Judgment Notice Requirements
1- Representation by defendant's attorney must fall below objective standard of reasonableness
AND
2- Attorney's deficient performance prejudiced defendant
Ineffective Assistance of Counsel
- Within 14 days of certification
- Whether to hear appeal is at court's discretion
- Final judgment rule does not apply
How do you appeal Class Action Certification
