PMBR Property

1. X==> Y and his heirs : Fee simple under CL
Fee simple detrminable:

-As long as
-while
-during
-until
+
"liquor not sold in property" = fee simple detrminable

==> automatic reverts to grantor
Fee Simple sbject to subsequent cdition:
-but if grantor has option to reenter:
- ejectment action OR
- suit to quiet title
==> C
2. ==> C
RAP applies:
1. contingent remainder
2. executive interest
3. option to purchase land infuture
4. power of appointment

3-5.
Life Estate
life tenant can do during the lifetime:
-easement creation
-mortgage
-lease
-lien
-convey

autre vie : other's life estate

4. trust is fiduciary relationship concerning specufic property
Trustee adheres to the terms of trust agreement which requires parties w/ vested interest to approve.

5. Life tenant cannot encumber a greater than what he actually owns.
Mortgage extending to the life of tenant will not affect remainderment

6. restraint @ alienation
Any restrain on alienation of fee simple is unenforceble
7. RAP - Rule against Perpetuties
No interest is valid unless it vests w/i 21 yrs after a life in being from the time interest created.
- contingent remainder
- executive interest
- option to purchase land in future
- power of appointment
- vested remainder subject to open

RAP not apply b/c Garp is "life in being" and only binds Ber's heirs not Garp's heirs
8. 3 concurrent ownerships
1. tenancy by entirety ( 1 spouse cannot sever)
2. Tenancy in common
3. Joint tenancy
h ==> 1/2 TIC ==> C
9. Joint Tenancy Termination
1. Death
2. conveyance Intr vivo ( JT ==> TIC)
3. Final petition Decree
4. In title theory: mort taken out by 1 tenant.

JT is destroyed to the extent of conveyance interest
A: 30% conveyed interest

Title Theory Jurisdiction

mort taken out by 1 spouse will sever JT b/c it severs the unty of title and the unity of interest
11. Filing partition not sever JT

12. Equity ct has power to partition land
RAP not apply to partition
13-22 NON-Possessory in land
1.license
2.profit
3. easement
4. covenant runs w/ land
5. Equitable servitude

License: rt to enter the land od another w/o being required as a trespassor.
-revocable at option of licensor unless copled w/ interest in land
-ticket can be revoked & rejectedfrom licensor
==> C
14. Lodging K not Landlord relation; it is licensor-licensee relation
3 nite ; checout after 2 nites ==> pay 2 nites b/c NO landlord relation
15. Easement: rt of person enter land of another and makes limited use of pprty such as egress or ingress.
==> SOF applicable unless:
-prescribed easement
-by implication
2 types: Appurtinent and In gross
Appurtinent runs w/ the land
In gross still burdened when transfered
16. A by elimination B: express; C: express; D; element of prescribed

Easement Termination
-merger
-written release
-abandonment
-condemnation
-destruction of servient tenement
Mere non-use ==> NO termination of easement
17. Easement termination by merger
- Dominant estate acquires servient estate or vice versa ==> distinguish easement
18. Easement by implication : landlock buyer has easement by implication from subdivider's land
19. Fee simple "as long as" ==> determinable
==> automatic reversion to grantor
==> C
20. Neg easement for heir life has been repudiated in all jurisdictions

21. Remedies
-money damage ==> covenant runs w/ land
Enjoin nonconforming use ==> equitable servitude or implied recipocal servitude
22. A
23. falling behind , read call of question of long K/Property and choose correct rule of law/hornbook answer
23. land restriction can be enforced @ buyer even not restricted in the deed
==> C
24-28
Landlord -Tenant
Sublease transfers the term of less than original term
-fails to pay rent, sub tenant ==> NOT liable
b/c no privity of K/estate
Assignment:
when tenant transfers possession entire term or remaining term of lease
- If assignee fails to pay rent, assignee primarily liable; assignor is secondarily liable
25. 5months
1000/month
26. A sublease
27. English CL Landlord dels possession of lease pprty at inception of lease
Old America View _ LLord does not have dty to del possession at inception of the lease
ANglo Saxon ==> English CL
==> C

28. CL
29. Fixture
chattel has been annexed to the prperty
-Residential:
1. intent of tenant
2. Nature
3. Mode
4. Damage
-Commercial fixture doctrine
1. removable b/f lease expiration
2. rsnble time after expiration unless
3. accession where chattel structurally attached to bldg
30. Every landowner has rt to lateral and subjacent support in its natural cdition. If artificial cdition ==> neg rqd for liability
==> B
31. tobacco crop: pers pprty
32. Riparian Water Rt
land that abutt a lake,river, stream
-farmer cannot divert water for agriculture use as he diminishs another 's normal domestic use down stream

Under prior appropriation doctrine farmer can

33. Adverse possewssion
1. adverse
2. open
3. continuous
4. for a statutory period

last 2 yrs lease ==> NOT adverse
possession b/c lease is permissible
34-35 Conveyancing
SOF MYLEGS

Land Sale K
D
35
Sub Pfmc exception to SOF: pays part/all purchase price and take possession or makes viable improvement
36 C
17. VAlid Conveyance
must have del of the deed
Intent of grantor - Daisy intended even not received ==> val conveyance
==> B
38. Val deed must adequately describe the land being conveyed
-must diagram the facts

zoning violation: title defect
land use restrict : no title defect
42. clear title at closure ==> clear title to buyer
==> D
44. 3 Recordings:
-pure race ( 1st in time)
-pure notice (ptect BFP w/o notice)
-race notice combines PR/PN: BFP record 1st prevails

Equity Conversion
Vendor --------->K Vendee
executory state; escrow period ==> vendee has equitable title ==> ROL on vendee
39. ==> D
40. Vendee has Appreciation during executory state b/c ROL is passed to vendee then benfit should shift to purchaser as well
41. vendor must render marketable title
43. land use restriction does not render unmarketable title
44. other did not record, BFP prevails most of the time
in pure notice jurisd
45. forged instrument has no legal effect
46. -50.
puchase money takes priority over all mortgages have been executed over previously recorded
47. ==> B Intended 3P
48. Deed sate "assume" ==> pers liable
- Deed states land is subject to mortgage or make no ref to mortgage==> buyer not personally liable

EXONERATION
-Buyer assume and primarily liable for debt. If short at forclosure, lender can sue original mortgagor b/c he acts as a surity
==> C
50.
senior encumberancer(1st) and junior encumberancer(2nd)if dfault 1st in forclosure action must join 2nd as a party. If 2nd not joined , rt to redeem is not eliminated
==> C

PMBR Evidence

CHARACTER (404,405) = 5
IMPEACHMENT (608, 609) = 5
HEARSAY + EXCEPTIONS (801,803,804) =12
18 AVERAGE

APPROACH:
1. CIL OR CRIM?
2. SITUATE PROCEEDING PROCEDURELY
3. PURPOSES OF EVIDENCE

Rule 403: Evid is inadmissible if unfair prejudice substantially outweighs probative value

1.
-crim
-relevant yes
-admission? No b/c video not made by party
- no testimony ==> No self incrimination
2. BER
-contents of writing/recording are in issue or needs to be proven
BE must be presented or shown not available thru no fault of proponent.

- Testimony relying on docs/video tapes.
- eg. Dr. testifies on Xray symtom ==> must show Xray. Opinion is an exception.
C: he did not testify video content ==> first hand knowledge admissible.

-Complete Doctrine:
A part of writings or recordings introduced by one party, the other party may show other part to complete the picture of evidence.

3. civil/ oral k at trial ==> the completeness rule only applies to writings and recordings

Legal relevancy
-Subsequent remedial measure: inadmissible to prove neg /improper conduct unless:
1. showing ownership/control
2. Feasibility of caution if controverted
3. impeachment.
4. civil C: show control ==> admissible.

-Offer to pay med exp inadmissible but any stmt made w/ pmt stmt will be admissible. Admission stmt is severed
-Offer to settle/compromise to dispute claim ==> inadmissible
7: inadmiss b/c dispute + settle (compromise)
8: admission: no dispute

5&6 Judicial Notice shortcut to proof: facts are not subject to rsnble dirspute. Generally known in that jurisdiction and capable of acurate and ready for determination.
-Effect of JN
--civ: conclusive
--crim : may be conclusive; jury is not rqd to; prosecution satisfies persuation on that element.
5.
prosecution satisfies persuation on that element.
6. Habit/routine evidence
always relevant and admissible to prove act conforming
9. Judge may not testify in the trial he presides
10. leading?
proper on cross unless bias in favor of cross examiner (his own lawyer) D: hostile W crossed by his own lawyer ==> improper
CHARACTER

GR: Char evid is inadmissible to prove cduct in conformaty w/ character trait.
CIV: character in issue ==> admissible to prove that element using repu, opinion, spec acts. e.g., defa, child custody, neg entrustment, self-def
CRIM: No showing prpensity
exceptions:
1. D opens DOOR with REP and OPIN; spec acts on cross to impeach W
2. D introduces bad char of Victim (REP/OPIN)
3. RAPE: D intro spec acts of Victim:
a. past sexual acts w/ D ==> CONSENT
b. Past sexual acts w/ other men to show D # source of semen
4. Sexual Assault/ Child Molestation
Spec ACTS
5. MIMIC Rule: admissible to rebut by prosecution
Motive, Intent, Mistake(Absence), Identity, Common scheme

IMPEACHMENT
1. Bias 9family member)
2. Sensitive defect ( wear glasses)
3. Prior inconsitent stmt
undre oath ==> come in substantive too.
4. 608-609 by character of W
a. REP/OPIN: truthfullness
b. Prior bad acts: No extrinsic evid on cross
c. Felonies< 10 yrs
- W : admis unles unfair prejudice
- D : inadmis unless unfair prejudice
d. Dishonesty/False stmt < 10yrs ==> Admissible
e. >= 10yrs ==> inadmis unless prjudice
15 bad act ==> NO extrinsic evid; should ask on cross about bad acts.
16. extrinsic evid allowed to show bias
17. MIMIC
absence of mistake ==> admissible
18. A

50 MBE/day
1. Glance down the anwers
2. Facts
3. Questions
4. Read all 4 answers

19. VL admission incorporated in a pub record.
sucker answer: docs must be offered in entirety

HEARSAY
1. OOC stmt
2. Declarant
3. Offered for the TOMA
4. Exceptions
MBE
admission /exceptions : Pick admission
Page 36 HS exceptions
23. stateof mind & effect on hearer
24. Intent ; non-HS: state of mind
29. Absence of an entry inrecord ++BER not applicable
30. custodian od record to testify bus record ==> admissible

PSI
-explain/describes and while decl perceives or immediately
EU
Relates to while under stress

Declarant NOT available:
1. Dying Decl
2. Decl against Interest
3. Former Test
4. Stmts of pedigee
36. admissible if dif P sueing the same D; former test of the W
40/41
Learned Treatise
passage is read in not exhibit
42 PCR
chart page 13
refresh if not recored
44. anyone familiar w/ handwriting unless become familiar for litigation purpose
45 self authentication
-encription
-tag, label
HUS Wife Privilege
Spousal
-crim
-before and or during MARR
-Divorce -loose it
-HOlder: W-spouse
MCP
-civ/crim
-during MAR
-Div: Keep it
Holder: both
46. W-Spouse
47. Made in 3rd paty presence ==> NO
48. Hired by Lawyer ==> com protected
49. expert/lay opinion
Expert may not testify to defendant's mental state if constituting crime element

PMBR Torts

torts and K 34 others 33
remedies inclued in all subjects
need 145 or 130-132 raw
goal 70% or 140 raw
mbe 36%

TOTRS
INtentital tort
Facts must show intent
or substantial certainty
1. A& B no intent
C is correct

INtential Tot Def:
1. Privilege pub necessity
2. Mistake if acting on pub interest
3. consent - scope limit
4. Self defense
5. def of other
6. def of property
7. Recapture bof chattel

2. Sport csent permitted under the rule of the game -- csent to physical contact.

3. When contact results --> assault becomes battery

A no intent when B ducked
C accidental cduct still may be neg
D self def --> intentional tort
B==> correct
4. Car is extension of Asher
B is correct

5. Duty
General no duty owed unless special relationship

Fiends not brelated ==> NO special duty

6, 7
IIED


D; E & O
V; victim
must suffer severve ED

3P : closed family member OR Physical harm/injury
AND Presnece and D is aware

6. no family member
7. D zone of danger ==> neg NOT IIED

8.
A: Neg need damages or physical harm to recover
Exception:
Mishandling corps, no physical harm rqd to recover

C: Battery yes but def of consent
B: reckless conduct b/c of relationship abuse
9. private necessity : liable for damages

CONVERSION
- dominion & control
- serious substantial interference
- no damage rqd
- remedy: force sale: full value
TRESPASS TC:
-Slight Interference
-Slight damage
- recover dimished value.
10. Mistake of ownershio is no def to conversion
11. INTENTIONAL TRESPASS
- intent to enter
- liability even if no damage
NEG/RECKLESS ENTRY
-Liable if only if damage
UNINTENTIONAL & NON_NEG
NO LIABILITY even if damage.

11. mistake is no def
14. SHOPKEEPER privilege
-rsnbly detain suspected person of theft.

FALSE I
- confine in fixed boundary
- Knowledge of confinement OR
- Physical harm ( Not required for small child)

NEG
1. Duty
2. Breach
3. Causation (actual , legal)
4. Damages
5. Defenses

Pick element answer in the above order, i.e., breach over valid def
15. A Breach coose duty first
B: is duty which is correct answer
16. Special relationship - duty to act Teacher- Student , Airline -passenger

C is breach over D causation

TRESPASSER
Unanticipated: NO dty
Anticipated: Dty to warn unless obvious natural condition (lake, creek, NO dty
LICENSEE

- duty to warn of known unsafe condition.

INVITEE
-public
-bus
1. Dty to inspect
2. Dty to make safe
17. just warn known condition
18. Invitee must make safe and inpect.
Attractive Nuisance ( Child trepasser)
1. Artificial cdition on property
2. Know/Should know that children likely to trespass
3. Child with his age, experience, intelligence fails to appreciate the risk of harm
4. Utility v. risk.
NEG PER SE
1. P is a member of a class that the statute intends to protect
2. P's harm is the the type of harm the statute intends to prevent.
Majority : No automatic liability, still go to the jury; NPS is an evidence of neg
20. Did clerk owe duty of care?
NO NPS b/c harm is not the type the statute to prevent.
when noNPS ==> regular neg
21. RES IPSA LOQUITOR -- Inference of NEG
- motion of directed verdict raises RIL
- Harm will not occur w/o neg.
- Instrumentality is in D's exclusive control.
D is correct since NEG has not been proved.

Respondeat Superior (VL)
P v. ER $25K
Eee 's neg ==> ER can seek INDEMNITY from Eee for Eee's neg

No VL for Eee's Intentional Torts unless Eee commited in furtherance of ER's business (Bouncer in a Dancing Club)

Strict Product Liability:
VONS can seek INDEMNITY from Campell for a defective can soup as VONS paid for the foreseeable consumer's harm.

ER has no VL for IC unless:
1. inherently dangerous act OR
2. Non-delegable duty (mall common area safety)

NEG DEFENSES - MBE follows "PURE"
1. PURE comparative NEG
P:40% -D:60% ==> P recover 60%)
2. Modified Comp NEG
P's neg< D's neg ==> Recovery is reduced (P:40% -D:60% ==> P recover 20%)
3. Contributory NEG
hash rule ==> NO recovery
- Last clear chance. OR
- D acted w/ wilfull conduct.

25. P ==> 0% neg, thus full recovery 100K
26. Joint Tortfeasor
Any part of calim satisfied from one tortfeasor will diminish the claim of other tortfeasor.
27.
-act of god
-Intent act of 3P
- criminal act
those 3 are superseding events to cut off chain of liability unless forseeable.

28. Act of god that D knew " it is unsafe.." ==> foreseeable ==>NOT cutoff liability.
29. U Hazardous A SL will not apply superseding events.
If subsequent acts of neg are foreseeable ==> Original D liable for all including subsequent damages.
30. eys patch cause additional harm ==> foreseeable ==> original D liable for both.
31. Neg
32.
UHA
33. SL
Seller of defective product that unreasonbly causes harm to foreseeable users will be SL.
34. No warning reqd:
- if exessive use.
- long period use
- known to public.
37. No foreign language warning rqd
38. Wild animal
HARM SL for both direct and indirect:
- direct: bite SL
- indirect : cause from animal propensity ( duck to void contact with monkey)
40. FRAUD
1. False stmt
2. Scienter
3. Intent to induce
4. Justifiable reliance
5. Causation
6. Damages
If no False stmyt ==> Non-disclosure issue
42. Remedies for nuisance ==> both damages and injunction
44. Defamation
1. Defamation stnmt
2. Publication.
3. Damage
-Slander Per Se CLUB
-Malice
4. PMalice if Pub Figure (P) and Media D
INVASION OF PRIVACY
1. Appropriation
2. False Light - good and bad light
-objectionable to a reasonable person
3. Disclosure of private facts
4. Intrusion of privacy

PMBR Cons Law

23/33 average

Judicial Review

Case and controversy Rqmt:
Actual and definite dispute between paties who have adverse legal interests
Fed court: No opinion
State court: may grant opinion

Ripeness:
To be ripe there must be a genuine immediate threat of harm.
1. B case is not ripe
2. Political Question
Non-judicial question committed by other branch of power

Foreign affair:
generally controlled by Congress and President

CON LAW Essay: Standing is 1st issue
standin: P must establish concrete personal stake in the outcome:
1. Injury in fact
2. Causation/redressibility -- P must show the harm redressable.

2. Nationwide has standing (injury, causation)
political question is correct answer

3. Fed Tort Claim Act
Fed gov only; Not official
to recover for damages for pers injury, pprty loss
D is correct
4. standing

5. Mootness: case is moot unless an actual controversy exist at all stage reviews

Fed court will not hear case if it is pending state proceeding decision
14th A EP based on gender

6.President may issue an executive order to ensure efficient operation of executive agency
No unfettered congress power

7. Presidential pardon for fed crime only

8. Hiarchy of LAW
1. Constitution
2. Act of congress/ Treaty (latest in time wins)
3. Executive Agreement( foreign)/ order(domestic)
4. State law

8. 1st A supersedes executive order ==> D
9. President appoints officer of US who is member of agency and has administrative /enforcement power
Congress cannot appoint US officer ==> A
10. executive order is lower than congress act ==> C
11. Supremacy Clause
1. Fed law superseds any state law in direct conflict
2. Preemption:
Any sate law in an ares where congress intend to occupy the field

C==> supersedes
12. Health & safety:
State may enact law more stringent than fed law
13. 11th A immunity to sate
A state may not be sued in fed court by state citizen or citizen of other state w/o state consent
Congress lack of power to override state 11th A Immunity from law suit
14. Testimonial privilege: speech/debate on legislative floor
tort and conlaw cross ==> defam of public figure requires malice ==> both have No liability
15. Congress has exclusive tax and spending power to serve general welfare.
buzzword: "appropriate" == Tax and spending power
==> B
16. Art 3-sect 1 : Judicial power vested in 1 spreme court and lower fed courts.
Congress has plenery power over lowwer fed courts (district,appeal)and can confer or remove jurisdiction

==> C
Most cases these are WRONG ANSWERs:
1. general welfare clause: not independent power; tax & spending is OK
2. Necessary and proper
3. 14th A P&I always wrong; protect rts of national citizenship
4. Article 4 P&I:prevent econ discrimination from one state against citizen or other state
5. K clause: applies only to state not Fed

6. Ex post facto Law: criminal only
7. Bill of Attainder
8. Right vs. Privilege ==> always wrong
9. 11th A weak limitation on fed

COMMERCIAL POWER
CONGRES MAY NOT PASS LAW TO REQUIRE STATE TO PASS THE FED LAW. THIS VIOLATES 10TH A
(State sovereignty)
17. Congress has power of disposal of property
Property Power:
- wild animal
-Military Ship/airplanes
-Fed bulding/enclaves
-Indian Reservation
18. Congress has War power - even after the war is over ==> C
19.
20. Congress has enumerated power to setup post office
21. Commerce Clause
Congress may regulate any activity that has substantialy economical effect in interstate commerce
22. No EP ==> any auto
==> B
23. 10 A wrong
No sub econ effect ==> C
24 EP Page 7
STRICT SCRUTINY(necessary to further a compelling sate interest)
BURDEN: STATE
SUSPECT CLASS: (R A N) RACE ALIENAGE NATIONAL ORIGIN
FUND RTS:
TO VOTE
TO TRAVEL
RT TO PRIVACY (CAMPER)
-contraception
-abortion
-marriage
-procreation
-education(private)
-relation(family)

PROTECTED 1ST A RTS

INTERMEDIATE SCRUTINY (subly related to an important gov objective)
BURDEN: STATE
-genders
-Illegitimacy
-Children of illegal Aliens
RATIONAL BASIS(rationally related to a legitimate state interest)
BURDEN: P
-pub education
-social economic measures
-housing
- age
-poverty
-wealth
-mental retardation
-necessity

CON LAW APPROACH
1. WHO PASSING THE LAW
2. SUBJECT MATTER OF QUESTION
3.MATCH THE APPROPRIATE POWER OF REGULATION

TO UPHOLD FED STATUTE
1. SUPREMACY CLAUSE 11TH A
2. ENUMERATED POWWER OF CONGRESS
3. FED PROPERTY POWER

TO UPHOLD FED STATUTE
1. DORMANT COMMERCE CLAUSE
a. non-discriminatory
b. No undue burden on IC
2. POLICE POWER - HEALTH & SAFETY
WELFARE, MORALS, AESTHETICS

Rsnble interest = Pocice Power

26 pub education==> not fund rts
30. rt to be a candidate ==> Not fund rt
Rt to vote: fund rt
31. age: not rational
32. geographic discrimination= strict scrutiny
-use rational basis b/c statewide

33. Funf Rt to vote
34. econ rt/liberty
A recreation, nonecon ==> comm power
35.Procedure Due Process
Notice and a hearing wherever serious of deprivation of any life, liberty, pperty interest
35. refuse hearing ==> PDP
36. Taking: regulation that denies owner all rsnble economical viable use of his land
inverse condemnation: by regulation
37. Val Police Power
10th A generally wrong
K clause generally wrong
No due process
38. Ex Post Facto
crim law: retroactive law
- not crime when committed
- increase punishment for the act
-change procedure for conviction
39 A
40. 1st A
Render void on its face
1. overbreadth
2. vagueness: unclear defined
3. Prior Restrain: un constitutional
4. Unfettered discretion: "Mayor determine qualification"
Pub Speech:
-content neutral
-narrowly tailored
- further significant gov interest
==> D
43. Content specific
sing religious song
protected
==> Strict S
EP not necessary to analyze ; 1st A is stronger
44. 21st A reg adult speech
obsenity= unprotected speech
1. appeal to one's prurient interest in sex act
2. Depict sexual cduct in a patently offensive way
3. lack seriuos literary, artistic, political or scientific value
46. 1st A> EP
47 . Gov reglation burden : free speech exercise may not be religion related. However, religious cduct may be regulated.
48. 2 issues: Free exercise of religion and Due Process Right
Purposeful Interference : SS applies
INcidental Burden: NO SS usually upheld use rational basis
49. Pol power: safety interest ==> rational basis
necessaru and proper: fed not state
50. NOT violate Establishment clause
-pripary purpose must be secular
-neither inhibit nor advance religion
-gov not entangle with religion

PMBR Contracts

1.
Offeror, offeree must have power to accept
- 3 persons w/ 2 seats ==> No offer
2. B
3. Termination of an offer
1. Daeth of offeror
2. Revocation
3. Rejection
4. counteroffer
5. Lapse of time

Face to face terminated ar the end of F to F conversation
A answer
4. Rejection terminates power to accept.
Offer was revived - C answer
10.
CL : offer open by K option
UCCC: 2-205
-By a Merch
-buy/sell in a signed wrting
-promise to keep open as time stated
-no time then <90 days

OPTION K
UCC:
NO CONS
CL:
CONS necessary
11. "notify by friday": revocation effective b/c not notify by friday
12. go to Princeton is not legal detriment ==> benefit ==> NO bargained-for-exchange ==> Gift from uncle

13. Gen contractor accepts bid from a subcontractors, uses that bid and relies on it; This creates an option K to void injustice

D is answer
14. D is incorrect stmt of law
C is answer

MODIFICATION
sub agreemt to alters or changes the parties' duties and obligation under the terms of their original agreement.

UCC
No CONS
"good faith"
CL
Preexisting duty rule
New CONS

18. Mistake
-Mutual mistake ==> essence of K ==> recission
-unilaterl mistake: mon-mistakennpty knows/should know the mistake, he is not permitted to snap up the batgain.
18. mutual mistake ==> remedy: rescission

Remedy
-At law
-Equitable relief ( spec Perfmc, injunction, rescission )
20. Assignment
All K are assignable, delegable except personal service K or long term reqmt K
- Oral/wrting valid for assignment
21. FOB, seller's place ==> del to com carrier ==> risk on buyer
FOB, destination/buyer's place
==> risk of loss on seller.
Courts will fill the gap for del term missing, price (rsnble); NOT quantity ==> K fails for definite
22. Assignor ==> Assignee
2 Wars:
1. Not to defeat/impair val of assignment
2. Rt exists and is subject to NO limitation/defenses
23. C: iplied-in-law (QUASI K)
Implied-in-fact

REMEDIES

LAW Money Damage

Equity
Injunction
Dpec Pfmc
REscission
Reformation
Suit to quite title
Partition

27. Condition
Precedent
act/event must occur first before duty to pform arises
subsequent
discharge party's duty under K
concurent
Both pties to perform concurrently

28. K of a monor
voidable
but liable for food/lodges at rsnble val ( quasi-K)
C is correct
29. Condition precedent: 3 types
1. pfmc of K
2. Formation of K
No SOF for service K
D is correct by proses of elimination
PE Rule

Writing
-complete, totalintegration
-Pror/comtemporaneous oral evid varying/contradicting the terms will be barred by PER

EXCEPTIONS:
1. Fraud
2. Mistake
3. Illegality
4. duress
5. Prtial integration
6. Condition Precedent

SOF
M arriage
Y ear
L and
E xecutor
G uarantee
S ale of goods $500 +

32. Oral guarantee ==> D
33. The main purpose rule exception : surety for his own economic ad vantage ==> No SOFs
34. PE rule
35. Cond Precedent
37. Rqmt K
good faith reductions are allowed when actual buyer's sale falling

IMPOSSIBILITY
Subjective: NO excuse for duties
Objective Will excuse duties ( Objectively impossible by anyone at anytime
41. Intended 3rd Pty

Promisor ==> K Promisee
Intend to benefit 3rd PARTY
When term benefit parties ==> Incidental 3rd Party cannot enforce K

Vesting
1. Learns of K and Assent to it
2. Reliance on K
3. Sues on the K

41. D relied on K
42. D -- No interest to 3rd party
43. All K assignable and delegable except personal service K or long term rqmt K
A: nondelegable b/c pers service K
44-45
Non-conforming tender
-Remedies of seller:
1. Accept whole shipment
2. Reject whole shipment
3. Accept any com unit or units and rject the rest

45. Divisible K Pfmc is divided 2 or more parts
5 Vases => NOT Div K
46. B must pay K price of accepted goods
47. Lost Volume Sale
UCC can recovers loss profit from original sale if seller can show inventory of more than one item

48. Time is ofessence /Perfect Tender Rule
Cure not allowed if time is up
; no time to cure
49. Perfect Tender Rule PTR
ship nonconforming ==> accepted w/ breach
50. Installment
IF substantially impair the value of that installment and cannot be cured then buyer may reject that installment.

3 K formation
1 capacity to K
1 implied in fact/law
2 CONS
2 MODS
2 Accordance Satisfaction
3 PER
3 SOF
2 Intented 3PT
2 Assignmt/Delegable
3 condition
2 Breach
2. Anticipated Rep
3 SPec Pfmc/ remedy
3. Damage
3. Impossibility

PMBR Crim

1.
-Actus reus
-Mens Rea
-Concurence of AR & MR
-Causation
-Harm/injury
Unconcious state of mind ==> No AR ==> No crime
C: Reckless b/c awareness of disease.

2.
Mens Rea
Lack of requisite state of mind
B: mistake/ignorance ==> defense to negate mental state as element of crime.

3. Deliberately refrain.. ==> S/H known even though No knowledge of content

4.
Mens Rea Rqmt
B: Lack of intent to cause...
5.
crime element elimination is better than def
-mistake of fact = def
-element of crime = Mens Rea
6.
Answer by process of elimination
-duress no def to Murder
7.
Self-def
-rsnbly believes immediate danger of unlawful bodily harm/injury
A: not address life in danger
8.
MBE assums CL unles told otherwise
CL ARSON:
maicious burning of another dwelling
-mere blackening not enough
-must char the structure

General Intent Crimes B A R I D
-battery
-Arson
-Rape
-Inv Mans
-Depraved Heart M
Specific Intent Crimes B A R V I T
-buglary
-Assault
-robbery
- vol Mans
-inchoate
-theft

Vol INTOX can negate specific intent ==> def
Vol Intox : NO def to gen intent crime b/c no spec intent

8. no SI to negate
9.
M' NAGHTEN
D has disease of the mind and does not know the nature and quality of the act. If he does, he did not know what he did is wrong.

I. not justified to shoot at shadow
II. would be rsnble to shoot to defend himself
10. MPC opposite CL
- Vol Mans -- intentional killing w/ heat of passion
CL: objective rsnble std
MPC: subjective test - personal feeling, sensitivity

Vol Intox never reduces M ==> Manslaughter; only reduce M1 ==. M2
11. Unintentional manslaughter/killing
A: Usher owes no duty since he is not criminally neg
Legal duty to act due to special relationship ( family, contract, good samaritan statute, ship captain & passenger, ER & Eee)
12. No duty ==> D
13. Vol Intox never reduces M == Mans
- B: provocation reduces M ==> Mans
14. CL : 4 types of Murder
1. Intent to kill
2. FM (BARRK)
3. Intent to inflict Seriously BH
4. Depraved Heart M -- reckless conduct

Assault under CL is misdemeanor; if Assault intended ==> death ==> Misdemeanor Mans or Invol Mans

15. false claim ==> NOT inherently crime ==> NO FM
16. Read statute carefully

INCHHOATE CRIME
1. sol (SI+ aid/encourage) merged to crime
2. Attempt (SI+ sub step)merged to crime
3. Consp ( SI + Agreement 2 or more) NO MERGE

19.
At CL, Legal Imposs ==> val def for Attempt
factual Imposs ==> No def to Attempt

23. No true agreement among K, R,E
Conspirator liability
- Each liable for all foreseeable crimes committed and subsequent crimes in furtherance of the conspiracy.

CONSPIRATOR WITHDRAWAL
- No def for conspiracy
- Withdrawal by notifying other conspirator will be effective for subsequent crimes.
ACCOMPLICE LIABILITY
1. Spec Intent
2. Aid, abet, or encourage the P1 in the comissiopn of crime or attempt.
ACCESSORY AFTER THE FACT
Not AL ==. only guilty of separate law obstruction
26. Criminal Assault
1. Attempted Bat
2. Intent to frighten

battery: unlawful application of force
CL: general intent crime

LARCENY:
1. Trespassory
2. taking
3. carrying away
4. Pers ppty
5. Of another
6. Intent to steal

If taking by lies, deceit, false stmt ==> LarceNY by trick

THEFT
1.Larceny
2. Larceny by trick ==> possession
3. False Pretense (Poss + title)
4. Embezzlement ( bailment, entrustment: low level only has custody ==. Larceny)

-Title passed w/ money
Robbery = Larceny + Assault

30. EMP THEFT
- lOw level EE has custody ==> LARCENY
- Hi Level EE has lawful poss ==> Embezz
33. fixture = RProperty
LArceny for pers ppty
34. Solicitation merges to crime
35.
Assault NOT felony at CL
==. NO Burglary
Taking Rolex ==> Larceny

36. Child NOT tangible Pers ppty
37-50 CRIM PRO

Jury Rt if jail > 6m
Rt to counsel
A suspended sentence may end up in imprisonment ==> Rt to counsel
38.
No new trial if harmless error
Grave injustice ==> plain error ==> New trial even no timely ojection
39. Inventory Search
valid to safeguard itemized pers belongings
40.
consent search must has equal rt of control or has possessory authority

41. Police may follow D to his home so D can obtain ID, pers belongings or change clothes
- Protective sweep permitted if rsnble suspicion of danger to plice
42. Auto Search incident to an arrest ==> permissible - even after removing D from the car.
43. Miranda (custody, interrogation)
No account of D's personal characteristic in waiving Miranda rts
Police overreaching (2hr questioning) ==> Miranda waiver ineffective
44.
45.
Auto Search
PC justifies search of lawfully stopped vehicle.
46. 4A prtects unrsble search by Gove
- Private person ==> No 4A violation
47. Standing
challenge legality
-ownership/possessory in area searched

_ Random stop of auto ==> passenger has standing to challenge search of interior of vehicle.
48/49
Double Jeopardy
No reprosecution after final judgment
- after acquitting
- after conviction
- motion to dimiss due to misconduct of prosecution

48. REs Judicata in cil proceeding not in crim law
Collateral Estoppel: issue exclusion for crim
49. CAL FED
acquitted Reprosecuted OK b/c separate sovereignty ==> DJ not apply
50. School search
Rsnble suspicion
OR school regulation violated ==> School pricipal acts as agent of police