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Topics - jellybean00

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General Board / Objection to Venue?
« on: December 12, 2008, 03:04:32 AM »
under 28 USC 1406(b), "nothing will impair the jurisdiction of a district court involving a party who doesnm't interpose timely and sufficient objection to the venue."

when are you supposed to object to venue? And so that means if a court decides a case, and it turns out that it was in the wrong venue the whole time, the parties can never object to the lack of jurisdiction even on appeal? 

2
General Board / 12b6, summary judgment, directed verdict and JNOV
« on: December 10, 2008, 06:16:51 PM »
I'm confused between all of these. they all seem the same!!  can someone succinctly differentiate them?

3
General Board / any links on civ pro?
« on: December 10, 2008, 05:06:55 PM »
are there any links to good review discussions on civ pro on this website? 

4
General Board / place of incorporation vs. principal place of business?
« on: December 10, 2008, 12:05:42 PM »
can someone please explain the difference between these two in determining where a corporation's state citizenship is?

5
Studying and Exam Taking / hill v gateway 2000
« on: December 08, 2008, 10:14:46 AM »
does anyone have a short and sweet summary of the court's rationale in deciding this case? 

6
Studying and Exam Taking / stupid but fundamental question: what EXACTLY is a contract?
« on: December 07, 2008, 01:27:03 PM »
aside from exceptions like promissory estoppel and material benefit rule... what exactly are the NECESSARY components of a traditional contract?

just consideration?

meeting of the minds + consideration?

consideration + offer and acceptance?

i feel like every time i read another case or chapter, the requirements of a contract are defined in a slightly different way.

i'm so confused.


7
Studying and Exam Taking / Contracts: UCC and Restatement v. Common Law?
« on: December 07, 2008, 09:31:47 AM »
Can someone clarify when I'm supposed to apply which law on a contracts exam? I know UCC --> goods, Restatement --> services.... is common law grouped with the restatement or does it apply to everything else?  When I want to cite cases, is that only useful for non-goods and stuff that would fall under the Restatement?

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