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All main topics / Law / Civil Law

Civil Procedure 1L (94 Cards)

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David v. Crompton TWO
Crompton wanted to amend answer re:shredder.  Amendments allowed if justice requires - but would it be prejudicial to P?

H - not permitted to amend, b/c statute of limitations had run and would prevent P from suing the right party
Tags: Amend
Source:
29
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Beeck v. Aquaslide (notes)
P injured on waterslide, sued Aquaslide (the alleged mfctr).  3 insurance agents investigated and said it was an Aquaslide slide (D, water park, P's employer who held the event).  Amendment allowed, even though statute of limitations had run.

H - D relied on conclusions of 3 insurance companies, so mistake was ok.
Tags: Amend
Source:
30
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Goodman v. Praxair
Goodman wasn't paid, sued Praxair.  Should have sued Praxair, Inc.  Wanted to amend and his amendment to relate back.

H - tests to allow relating back of party name:
1 - if claim is same, and just party name changes
2 - new party had received notice of claim and so would not be prejudiced
3 - new party should have known it was a case of mistaken ID


Notes:
Didn't want to disturb Maryland's statute of limitations, wants to protect D repose and stale evidence prob.  But not the case here, b/c co. knew mistake.
Tags: Amend
Source:
89
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Answer/Amendment - 5
David v. Crompton
Zielinski
Shepard v. Darrah
Beeck v. Aquaslide
Goodman v. Praxair
Tags: Amend, Answer
Source:
Flashcard set info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010
Tags: Sherman, 2009
 
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Answer (4)
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Discovery (8)
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Real Parties (1)
Right to Jury (6)
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