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Evidence · Interactive Map

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Step 1
Relevance

Step 2
Character

Step 3
Hearsay

Step 4
Confrontation

Step 5
Privilege

FRE 401

Relevance threshold

Any tendency, not "substantial." Remove that word from your vocabulary.

FRE 404

Character evidence

Generally excluded to prove conduct. Know the 404(b) exceptions cold.

FRE 801

Hearsay defined

Out-of-court statement offered for truth. Master this before touching exceptions.

Crawford v. Washington

Confrontation Clause

Testimonial statements require cross-examination. Know what "testimonial" means.

FRE 501

Privilege: general rule

Governed by common law unless Constitution, statute, or rules say otherwise.

This is one step of the system. Book a session to see how it applies to your weak spots.

Civil Procedure · Interactive Map

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Step 1
Jurisdiction

Step 2
Pleadings

Step 3
Discovery

Step 4
Trial

Step 5
Judgment

Subject Matter Jurisdiction

Federal question (28 USC 1331) or Diversity (28 USC 1332)

Diversity requires complete diversity + amount in controversy exceeds $75,000. Check citizenship, not residence.

FRCP 8 / 12

Complaint, Answer, and Motions to Dismiss

Rule 8: short and plain statement. Rule 12(b)(6): failure to state a claim. Twombly/Iqbal plausibility standard.

FRCP 26-37

Scope of discovery and mandatory disclosures

Rule 26(b)(1): proportional to the needs of the case. Know initial disclosures, interrogatories, depositions, and sanctions.

FRCP 50 / 56

Summary judgment and judgment as a matter of law

Rule 56: no genuine dispute of material fact. Rule 50: JMOL, can the jury reasonably find for the non-moving party?

Res Judicata / Collateral Estoppel

Claim preclusion and issue preclusion

Same parties, same claim, final judgment on the merits. Issue preclusion: actually litigated and necessarily decided.

This is one step of the system. Book a session to see how it applies to your weak spots.

Contracts · Interactive Map

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Step 1
Formation

Step 2
Defenses

Step 3
Terms

Step 4
Performance

Step 5
Remedies

Offer + Acceptance + Consideration

Is there a valid contract?

Offer: manifestation of willingness to enter a bargain. Acceptance: mirror image (common law) vs. battle of forms (UCC 2-207).

Statute of Frauds / Capacity / Duress

Is the contract enforceable?

SOF: MYLEGS. Marriage, Year, Land, Executor, Goods over $500, Surety. Must be in writing and signed.

Parol Evidence Rule

What are the terms?

Prior or contemporaneous agreements merge into the final written agreement. Exceptions: ambiguity, fraud, conditions precedent.

Conditions / Breach

Has performance been satisfied?

Condition precedent vs. concurrent vs. subsequent. Material breach vs. minor breach. Substantial performance doctrine.

Expectation / Reliance / Restitution

What is the remedy?

Expectation: benefit of the bargain. Hadley v. Baxendale: foreseeable consequential damages. Specific performance for unique goods/land.

This is one step of the system. Book a session to see how it applies to your weak spots.

Constitutional Law · Interactive Map

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Step 1
Commerce

Step 2
Due Process

Step 3
Equal Prot.

Step 4
1st Amend.

Step 5
State Action

Art. I, § 8 · Wickard v. Filburn

Commerce Clause

A farmer growing wheat for his own use still affects interstate commerce. If the activity, in the aggregate, substantially affects commerce, Congress can regulate it. That is the reach.

5th & 14th Amendments

Due Process

Substantive: does the government have a good enough reason? Procedural: did they give you notice and a hearing? Two questions, same clause.

14th Amendment · Tiers of Scrutiny

Equal Protection

Rational basis, intermediate, or strict scrutiny. The classification determines the tier. Get the tier wrong and the whole analysis falls apart.

1st Amendment

Freedom of Speech

Content-based restrictions get strict scrutiny. Content-neutral gets intermediate. Know the forums: public, designated, limited, nonpublic. Time, place, and manner.

13th, 14th, 15th Amendments

State Action Doctrine

Constitutional rights apply against the government, not private parties. Exceptions: public function, entanglement, or the 13th Amendment (no state action needed).

This is one step of the system. Book a session to see how it applies to your weak spots.

every rule cleared brings you one step closer to the courtroom.

The law, mappedfor your mind.

Emmanuelle K. Mercier, Esq. (Emma)

The law, mapped
for your mind.