hemlock 0.1.1 → 0.1.2

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data/flashcards/Civil Procedure-Table 1.csv

@@ -8,4 +8,17 @@ Failure to State a Claim for Relief,"A defendant may file a motion to dismiss fo
 Motion to Certify a Class,"A plaintiff may request the court to certify a class and allow the plaintiff to sue on behalf of the class upon the court’s consideration of 1) the numerous amount of plaintiffs, 2) the commonality of the claim, 3) the typicality of the case, and 4) whether failure to certify would result in multiple litigations against the same defendant."
 Notice of Appeal,A notice of appeal from a Nevada federal district court may be taken within 30 days of final judgment to the Ninth Circuit Court of Appeals.
 Well-Pleaded Complaint,A plaintiff’s complaint must clearly state that the suit is based on a federal statute or federal question.
-Preliminary Junction,"A plaintiff must show 1) that he will suffer irreparable harm if the action which he seeks to prevent is allowed to happen and an injunction or declaratory relief is not granted; and 2) that the plaintiff has a likelihood of success on the merits when the court entertains the entire suit following the entirety of an injunction. Furthermore, a court may require the plaintiff to post a bond to cover any damages caused by the preliminary injunction if issued and plaintiff does not prevail on the merits."
+Preliminary Junction,"A plaintiff must show 1) that he will suffer irreparable harm if the action which he seeks to prevent is allowed to happen and an injunction or declaratory relief is not granted; and 2) that the plaintiff has a likelihood of success on the merits when the court entertains the entire suit following the entirety of an injunction. Furthermore, a court may require the plaintiff to post a bond to cover any damages caused by the preliminary injunction if issued and plaintiff does not prevail on the merits."
+Transfer of venue,"In deciding whether to transfer venue for the convenience of a party. The court must consider the convenience of the parties, witnesses and the ‘interest of justice.’"
+Personal Jurisdiction,A court has personal jurisdiction if the defendant has minimum contacts that result from purposeful availment and the extension of personal jurisdiction does not offend traditional notions of fairness.
+Supplemental Jurisdiction,A court can hear a claim that has no independent basis of subject matter jurisdiction if the claim shares a common nucleus of operative fact or arises from the same transaction or occurance.
+Rule 11 Certification,"Every pleading must be signed by an attorney and the attorney must warrant 1) the pleading is not for an improper purpose, 2) legal contentions are warranted by law and 3) factual contentions and denials of factual contentions have evidentiary support."
+Discovery Reponses,30 Days
+Joinder of Parties,"A party must be necessary or 1) without the party, the court cannot accord complete relief, 2) the absentee’s interest may be harmed if he isn’t joined and 3) absentee’s claims an interest which subjects a party to a risk of multiple obligations. A court must have personal and subject matter jurisdiction over the absentee."
+Impleader,A defendant may bring in a third party defendant if they are seeking contribution or indemnification. A motion for imp leader may be done without court approval within 14 days of serving the answer in federal court or 10 days in Nevada.
+Rule 26(b) Conference,"At least 21 days before scheduling conference parties discuss claims, defenses and settlement. Must form discovery plan and present it to the court within 14 days. This is known as the early case conference."
+Judgment as a matter of law,"At the end of the plaintiff’s case, the defendant can bring this motion if the plaintiff has failed to prove a sufficient case for the jury."
+Judgment notwithstanding the verdict.,"A JNOV can only be made if a previous JMOL has been made, and must be made within 28 days in federal court or 10 days in Nevada."
+Motion for a new trial,A motion for a new trial must be made within 28 days in federal court or 10 days in Nevada and include substantive grounds such as prejudicial error or misconduct.
+Res Judicata,"Res judicata, or claim preclusion requires 1) final judgment on the merits, 2) same parties in same positions and 3) same claim."
+Collateral Estoppel,"Collateral Estoppel or issue preclusion, requires 1) final judgment on the merits 2) same issue was actually litigated and determined in the first case, 3) issue was essential to the judgment first case, 4) is being asserted against someone who was a party in the first case 5) by someone who wasw a party in the first case."

data/flashcards/Property-Table 1.csv

@@ -34,4 +34,5 @@ Vertical Privity,Vertical Privity requires that the defendant in the restrictive
 Waste,There are three types of waste: 1) voluntary - waste that occurs when a tenant engages in some action injuries to the property; 2) permissive - waste that occurs when the tenant refrains from certain conduct and the property is injured by the lack of that conduct; and 3) ameliorative - waste that occurs when the tenant changes the property to increase its value.
 Equitable Servitude,"If a party wishes to enforce a covenant contained in a deed with injunctive relief, then they need to assert a claim for equitable servitude. The elements to enforce an equitable servitude are subsumed by a restrictive covenant."
 Express Easement,"An easement may be cerated by express grant if the owner reserves it in a grant of a deed. The easement must meet all the formalities of transferring land, that is, it must satisfy the statute of frauds by being in writing, reasonably describing the property to which it relates, and be filed if notice needs to be provided to a third person."
-Implied Easement,"For an easement to be created by prior use of grantor, 1) the prior grantor used the claimed easement, 2) the burdened and servant estate were united as one property during the prior grantor’s use, 3) the use was open and obvious and 4) the use of the easement was reasonably necessary."
+Implied Easement,"For an easement to be created by prior use of grantor, 1) the prior grantor used the claimed easement, 2) the burdened and servant estate were united as one property during the prior grantor’s use, 3) the use was open and obvious and 4) the use of the easement was reasonably necessary."
+Vested Remainder subject to total divestment,Is a remainder held by a person in a fee simple subject to condition subsequent.

data/lib/hemlock/version.rb

@@ -1,3 +1,3 @@
 module Hemlock
-  VERSION = '0.1.1'
+  VERSION = '0.1.2'
 end

metadata

@@ -1,7 +1,7 @@
 --- !ruby/object:Gem::Specification
 name: hemlock
 version: !ruby/object:Gem::Version
-  version: 0.1.1
+  version: 0.1.2
 platform: ruby
 authors:
 - Nicholas Shook