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Messages - NeverTrustKlingons

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231
General Board / Re: CivPro Q (Impleader v Complete Diversity)
« on: December 15, 2007, 11:42:23 PM »
Hate to answer my own question, but after reviewing I think I've got it.

The impleader is a matter of supplemental jurisdiction (1367).  There are no diversity requirements on it and it will not destroy diversity of the original case.  The only exception is if the ORIGINAL PLAINTIFF would amend his complaint to try to bring a suit lacking complete diversity.  1367(b). 

If someone could confirm I would be grateful.  Yay for spending Saturday night on this sort of crap.  :D

232
General Board / CivPro Q (Impleader v Complete Diversity)
« on: December 15, 2007, 10:24:13 PM »
Citizen A (PA) files a good diversity suit against Citizen B (OH).  Citizen B files a valid rule 14 impleader against Citizen C (PA).

I know this doesn't destroy diversity (at least I hope I know that!), because we look to the claim as originally filed. But I realized in studying that I don't know where to cite for this.  Free cookies for help!

233
General Board / Re: In most classes, is the best answer a perfect answer?
« on: December 12, 2007, 03:35:06 PM »
Right - so the highest few answers get the A, just wondering how high the high usually is.  Probably a stupid question.  ;-0

234
General Board / In most classes, is the best answer a perfect answer?
« on: December 12, 2007, 03:13:31 PM »
I realize there is no uniform response to this and it is dependent on the class, but in my situation I thought I did well on a closed-book exam and am now thinking over between 1 and 3 points that I failed to include.

For upperclassmen - is the 'A' grade in most classes restricted to the full-points answer, or is it that ideal answer very rarely reached by anyone?

PS - Obviously if I was sane / emotionally stable I would just shut up and see how it goes in a few weeks.  But you clicked on this too so you are possibly nuts as well. ;-)

235
General Board / Contract Law Q
« on: December 11, 2007, 03:45:24 PM »
I have a contract with you that says you will bake me chocolate cookies.

"A clause stipulates that if you are late in baking chocolate cookies, you owe me $1/day."

Is this a stipulated damages clause that precludes coming after you for other sorts of damages?  Or does it only say that you will owe me $1/day for lateness, leaving other questions of damages open?

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