MBE
Cons Law Pmbr Blue Posted Friday, July 22, 2005 by mikvu
176. 5th A takings clause
- viable econ impact
- Interference of idistinct nvestment -backed expectation
- character of gov act
No egg sold interstate
kill turk for meat; sell at discount
==> takings
177. Fed bought turks and eggs==> gov pperty clause A IV
178. congress has power to reg armed forces and sate malitia under necessary and proper clause.
179. not discriminate religion on its face ==> rational basis
but marriage ==. fund rt==> state burden to futher compelling interest
180.supremacy prohibits ST from regulating fed activity
181. tax target news pub ==> 1st A viol
182. to vote/holding elective office, jury rt ==. related to go functioning : exception to strict scrutiny==> upheld
186. secular purpose indirectly burden free exercise clause issue ==> rational basis; NO strict scrutiny
187. standing: must be direct injury NOT mere suffuring indefinite way in common w/ people in general
189. police power of stae to regulate welfare, health==. rsnble upheld
192. President may not enact a law; Congres passe the law over President's veto (2/3) ==. treasure must pay as law autorizing
194. state law unduly burdens or discriminate @ interstate commerce==> law struck down
195. Sidewalk: pub forun
Gov may enforce rsnb time, place, manner regualtion:
- content neutral
- narrowly tailored to achieve sig gov interest
- open alternative channel of communication
ad sign are content-specific ==> strict scrutiny- unconstitutional
197. fed cannot tax ST on sovereign functions of ST gov, but can tax proprietery bus (outside investment)
198.State cannot tax Fed gov function , but can tax indirectly peron/identity connected to gov
199. Congress spending power for gen welfare is very broad. Not unlimited but rationally related to fed interest.
K PMBR Red Posted Friday, July 22, 2005 by mikvu
176. executory K , before pfmc time, anticipatory repudiation treated as total breach, but Ar must be positive and unequivocal
177. The cover price at the time of K breach use to cal damage (cover p- kP)
180. breach of implied promise ( make profit) does not discharge Promisor but make his duty absolute
182. absent unenforceable LD clause, Concord notified V an anticipator repudiation. V acn treat it as mutual rescission and accept K discharge and sue to recover in restitution the pfmc value rendered
183. subcontract paymt cdition on pmt from customer is independent of K pmt cdition, i.e. no discharge of K pfmc between Ker and subKer==> Ker must pay
185.indefinite duty to perform can fail the whole K pfmc enforcement due to lack of consideration
190. UCC implies rsnble price after counteroffer ( rejection of original offer $7200)
195. breach causes no pecuniary loss ==> nominal damage only b/c expectant damage is none
196. bargained -for exchange exists even "as long as you make satisfactory progress"
198. basic assumption of k is to win then buy property. Here, D won ==> term enforceable
200. Illegal K: law will refuse aid to either pty, but will leave them where it finds them. 2 exceptions;
1. innocent pty can sue to enforce
2. Pari delicto : lesser fault party(more excusable pty) can sue for relief
Property PMBR Blue Book Posted Thursday, July 21, 2005 by mikvu
180. Judgment lien not attach RE that was conveyed, but not recorded
181. Lease K . No assumption of continued existence of heavy traveled roadway at restaurant site ==> Tenant liable for rent
182. Deed is void b/c grantee not rsnbly identifiable (executives of church)
183. Life Tenant terminates Lease K; remainderman interest effective when LT dies
185. Remainder to the children who do not exist at time of int creation. Title to all children born including future ones during parent's life time
187. Val del of deed rqrs Grantor's intent ( written deed not sufficient intent to convey yet)
189. Fixture: Kitchen components + lite fixture
190. Land conveyed w/
- 1/2 parking
- no merchandise sales
- 1st refusal rt to grantor
==> equitable servitude mor than covenant
192. Joint Owner ==> Joint Tenant
Sever JT 70%; 15% TC w/ X; 15% TC w/ Y
193. Fixture: Annexer intent to remove, LL csents ==> can remove all
195. Deficiency judgment @ original mortgagor ; he is secondary liable ( act as surity)
-Buyer asumming loan ==> personally primarily liable
196. Assignment valid w/o LL consent
ASSIGNABLE EVEN lEASE CONTAINS A NON-ASSIGNABILITY CLAUSE
200. Conveyance by a JT ==> complet severence of her int and destroys JT as to the extent of the int conveyed.
3 day PMBR Posted Tuesday, July 19, 2005 by mikvu
Goal scaled 145
Raw 87 + 36 = 123
33 Q 1hr
behind: eliminate 2 answers in long Property Q
1. Evid Exclusion rule not extended to Grand Jury
2. Standing:
- Injury in fact
- Redressability : relief sought to correct harm
Contactor has existing K to pay for inspection has standing
CON LAw question
1. Who passes the law: ST/ Fed?
2. Subject matter: eg. commerce power
3. Review Level and Burden
3. FO Rule 2-205
Merchant Offers to buy/sell by terms in wrintg w/ promise to hold open. The O is irrevocable for lack of consideration for time stated or < 90d
D is better b/c directly answer the call of question
4. Dty to control 3rd party
Special Relation must exist to have duty to control:
eg. common carrier (passenger on Airplane)
Therapist : rsnble care to ptect intended victim
A - must be affirmative duty eg. "Do not go to him, he will kill you"
5. Neg Per Se Violation of stattute
-class of person S protects
-type of harm S protects
Most JX : NOT conclusive
only evid of NEG ==> FActual to Jury
Follow Pure comparative unless directed otherwise
PURE
Just reduce P's rec by amt of his fault
MODIFIED COMP
1. P's negmust be less than D's neg
2. Rev reduced by P's fault
CONTRIB
P's NEG bars recovery unless:
1. LCC
2. D 's reckless conduct
B: full rec if Dis not neg
6. DISABILITY
A: rational basis related to legitimate ST interest
7. stmts in police report is HS (TOMA_Truth Of Matter Asserted) and inadmissible, BUT can be used to impeach W as inconsitent stmt
A
8. Offeree sent Rejection 1st and changed mind to send acceptance, MAILBOX does not apply. whatever arrive 1st will control
==> B
9. JOINT TORTFEASORs
each has substantial factor to cause single injury
- Each liable for full amt of dam (Jointly ans severally liable)
- Can rec fro either D
- Other D can seek contribution from D
==> D
10. Present Sense Impression
stmt made while or immediately after event happening
-Admissible as HS exception
11.K Rightfully reject nonconforming goods
Buyer cannot take goods inconsistent w/ Seller's ownership rt when rightfully rejecting goods.
-After a reasble time, B can sell goods and take <10% of selling fee
==> A - 120K 10% 12k
12. Del terms
FOB destiny ==> ROL on buyer after entrusted goods to carrier
13. Holdover Tenant
Renew same term as before
-1yr lease ==> renew for 1yr
-3yr lease ==> renew max for 1yr
Unilateral mistake K formed unless nonmistaken pty knew/SH known mistake
==> B LAwson has no reason to know
14. Life Estate
==> D
15. Strict Product Liability
Com Seller sells defective cdition that unreasonably harmed consummer will be SL
No COntributory Neg for SL
AOR ==> yes
==> C
16. DefectDesign
17. Sl recovery
No reco for econ loss
18. Landlord - Teanant
Lease agreement -privity of K
Land - privity of estate
Assign Whole estate to other- assignee ==> in privity of estate
Sublease - less than a whole ==> No privity of estate
Cannot sue sub lease tenant ==> tenant and assignee both are liable. Tenant can seek contribution from assignee
19. Subteanant
L can not sue (No privity of estate)
==> B
20. Tort Misrep (Fraud, Deceit)
1. False stmt
2. Scienter
3. Intent to induce D to act
4. Justifiable reliance on fraud
5. causation
6. Damages
Non disclosure if fiduciary exists ( banker, maj SH vs. min S?H)
C; did not intend to induce D
21.
leading allows in
-cross
- direct hostile W (opponent pty, his spouse)
- Not in cross from own lawyer
==> B
22. Racial quotas violation of EP
even to remedy past University's discrimination
23. Electoral college vote - 12th Amend
election result procedure dispute belongs to congress; Fed dismiss the suit
==> D
24. Privacy tort
appropriation liable for com use even repeat magazine article w/o consent
AFLIP
appropriate use name /likenes for com use w/o consent
False light objectionable to a RP
Intrusion on seclusion objectionable to RP
Public diclosure of private fact objectionable to a RP
25.
UCC Gap filler
- Rsnble price
- Del Term ==> seller's place of bus
26. Competency of W
FER: every person competent to testify
CL: mental/incompetent untrustworthy to testify
27. Crim Law
Never use INtox to reduce M --> Mans
Can use to negate SI ie. MI --> MII
SI of prmeditation and deliberation formed before vol intox==> MI
28. 10th Amend
-Ptect St sovereignty
- Congres may not compell ST to adopt Fed law
- May prempt, force std by fed funding
29. LARCENY
Trespassory - taking - carry away - pers pty - of another - intent to steal/ permernently deprive
-accessory after the fact: NOT guilty of main crime
- false pretense : must pass title; C did not give jewelry to B
- Receiving of stolen Pty: NO b/c no knowledge of stolen pty
-Finder of lost pty: Intent to keep at finding moment and know /SH known identity of owner ==> LARCENY
- Continue Trespass of Larceny: Initial taking is temporary, later intent to steal
87. lawful possession ==> embezzlement
88. If statute given ==> Read carefully
89. lawful possession ==> embezzlement
30. IIED
- intent/ reckless (outrageous and extreme conduct)
- Severe ED more than upset (No need of physical harm)
- 3rd PTY must be close fam member OR physical harm AND
- D knew 3rd PT presence
31. character evid inadmissible if matter is not trait of character ( car accident). D is dying declaration stmt
32. Self-Defense
GR: D can use equivalent threatened force to defend
EXCEPT: D knows of mistake of identity, has time to correct but fails to correct==> loose selfdefense
33. INCHOATE CR
-SOLICITATION - asking to commit crime
-CONSPIRACY - agreement of 2+; CL: No overt act rqd
-ATTEMPT - Specific Intent, Substantial Step to commit crime; Legal Impossibility = Dfense BUT NOT Factual Impossibility
34. Sever JT ==> Tenancy in Common
-Death - Final partition decree - coveying intr vivos - mortgage in title theory jurisdiction
35. Unilater mistake
not prevent K formation unless other know/SH known
36. Med diagnosis stmt admissible:
-pertinent
-no fault stmt unless by child to Dr.
-no accusation
37. NOT at scene ==> NO first hand knowledge ==> inadmissible
38. Qualified Privilege def in Defa (Job reference)
- act in pub interest
-interest of other
Reasbly believes stmt is true
39. Full Faith Credit Art 4 of CONS
State Y must regconize expugement from State X
40. law must be dicriminatory on its face to trigger EP
- effect or impact of discrimination is not enough to trigger EP
-No purpose of sex dicrimination ( prevent pregnancy)
==> rational basis==> burden on P
41. Same as 40, No discrimination of race ( GPA improvement)
==> rational basis==> burden on P
42. Legal duty to act
Close family member - fails to assist
-Died ==> Murder
Shoot to freight train ==> IM
Shoot to Passenger train Murder
43. Testify about hearing ==> beyond scope when crossed, objection sustained
44. Debt barred by SOL/Bankruptcy
New terms enforceable w/o CONS
45.
Conviction to impeach Wif misdemeanor involves dishonesty/false stmt.
Here, BAttery conviction can not be used to impeach
46.
Employee theft
low level ==> larceny
Hi level ==> embezz
47.
receiving SP ==> must be aware of Stolen P
No Larceny b/c no trespassory taking
48,
FEL < 10yrs
Def ==> Inadmissible (Ct has discretion: probative> prejudice)
Witness
46. LArceny
take jewelry w/ intent to steal guilty of Larceny
47. No trespassory taking b/c Reba did not take jewelry==> No LArceny
Receiving Stolen Property==> must have knowledge of stolen pperty
48.
2nd Restatement opposite from CL
Moral obligation can serve as a substitute for CONS, Not under CL
49.
no plain V b/c W testifies the stmt NOT Diary
-No BER reqd b/c no diary
50.
Del of deed depends on Grantor's intent NOt Physical delivery
51.
Offer is terminated by lapse of time. O stays open in a renble time.
52, Taking:
- needs not to be physical taking
- rendering land valueless or no viable econ use
53. Punitive reqs Reckeless conduct such as IIED nOT Neg or Battery
54.
Vol intox ==> No def to gene intent crime like RAPE
-Unreasonble mistake of consent is NO defense to general intent crime
55. Limitted Public Figure
- achieves frame / noterietery
- injected herself into controversy
P must prove malice disregard of truth
56. S & S
Rsnble mistake of warrant S ( 1st Floor nane identified name, mistake of 2nd floor belongs to the same unit) admissible
57. Difference-in-value damages
if P did not suffer any monetary loss==> No recovery
58.
Natural Disaster is a K duty excuse if K specified pduct from the impacted area
59.
Judge 's decision based on personal belief is overturned as plain error
60. Ex post factor violation offense occured before the law went into effect
61.
Presidential executive order authorized by fed statute under inter commerce ==> constitutional
- President does not have plenary foreign affair; shares w/ Congress
- K clause obligation impairement applicable only to ST law
62.
RAP not applicable to Reenter Rt
Applicable RAP: future interest value only if vested w/ in 21 yr after a life in being from the time of int creation:
1. Contingent remainder
2. executory interest in future
3. Option to buy land in the deed
4. power of appointment
5. class gift subject to open members
fee simple determinable ( until , solong as, while, during) ==> reverse toGrantor automatically
-reenter rt is not automatic
63. RAP not applicable to Covenant
- partition of JT by equity court
- covenant not to partition is not enforceable b/c cannot override judicial authority
64. funiture catalog inadmissible to read to jury to prove property loss
65. Dying D :
not available
made w/ belief D will die
About the death
66. use proceed at closing to remedy the title defect
67. no sufficient nexus between gov and private actor even receiving funding from the state ==> resolution upheld
68. intent to rob but failed ==> attempted Robbery
No attempted LARCENY b/c no intent
69. Anticipotor repudiation:
GR: can immediately sue total K breach
EX: not applicable to Unilateral K OR non-breaching pty has fully performed
==> to recover Partial breach & wait for the next performance
70. death penalty Constitutional
- migration fact consideration NOT mandated by law
- only cimes of killing No RAPE/ Kipnapping of kid
71.
- fed law
-No lion as pet
- No nexus with commerce clause
72. Accomplice Liability
abet/encourage w/ intent a crime committed
- substantial certainty to cause false report to be made
73.
SL is subjective not rsnble std
AOR is val defense when D is aware of the horse excitable nature
74, Animal SL
directly/indirectly harmed by animal 's propensity
tornado cause fence ripped apart ==> not superseding event
75.
Res Ipsa Loquitur
-Reasonable Inference of neg (probability that D's neg)
-exclusive control of instrumentality
- no harm w/o neg
W/o rsble inference ==> directed verdict for D
76. P must have evid D's neg
77. acceptance of nonconforming goods fas accomodation ==> liable for K price
78. SOF . $500 goods must be in writing to enforce
MY LEGS
79. testifier of stmt that was impeached on cross
- pol report quoted the same stmt is inadmissible for both rehabilitation and as substantive evid
80.
specific bad act is admissible as proof of character trait for dishonesty in misrep case
CHARACTER EVID
-Trait to shoe propensity by all means 9rep, opin, sp act)
- inadmissible unless in issue
-defa, neg entrustment, child custody, fraud, battery def
CRIMINAL CASE:
1. GR: inadmissible to pro propensity
EX: D opens the door by REP and Opinion ; NO SPEC act
CAN COME IN TO IMPEACH
2. D introduces Bad character of victim; self-def
3. RAPE; only specific act NO rep/Opinion
-past sexual act ==> csent
- past sexual act w/ others ==> Shows d is not the source of semen
4. Prosecution can show spec act in sexual case/ chils molestation
MI MIMIC
Motive - Intent - Mistake (absense) -Identity - Common plan/ scheme
81. previous stment of plead not admissible
82. mortgage of lfe tenant
-grantor devised son subject to mortgage ==> son is not personally liable b/c no assumption
83. mentally K pty may void the k Not the other Pty.
-Vendee can not raise Vendor's incapacity
84. Anglo-saxon law= CL
CL; LL must del possession at the inception of the lease
ML: tenant liable for rent
85. 1st A freedom of Speech
pub Form ( Park,street, sidewalk0
3 tests;
-content neutral
-narrowly tailored to serve sig gov int
- leave open alternative channel of communication
86.
mortgage and note are inseparable
Holder of due course: taking the note w/o notice of title defect
Notice Jurisdiction ; BFP w/o notice pay for val and record ==>Win
87. lawful bailment " look after Skeeter"
==Embezz
88. intent to steal ==> Burg -Jaguar
Intent to steal but after brok into garage 2nd time ==> larceny
89. larceny
Winston borrow necklace ==> No LAR
after Willow asked to keep he csented to keep ==> LAR
90.
counter O terminates power of acceptance
91. Indirectly revocation when offeree learned of the sale to others
92. Financial records exist before A_C relation ==. not privileged
NOT violate 5th A of selfincrimination
93. Competency to stand trial must be proved bu prosecution by preponderance of evide or some states requires beyond rsnble doubt
94. low fed ct system authorized by congress NOT Supreme ct
==> violates Article III
95. S& S
must be gov cduct
96. Dragnet clause to include other purpose loan (improvementz) using RE as security wil be ENFORCEABLE if dragnet clause described w/ specificity (improvement loan)
97. unforseeable (unsually late winter storm) delayed del ==> nO breach
98. pub education ==> fund rt ==> rational review
==> Upheld
99. No intent to kill, inflict BH, reckless ==. NOT guilty
100. D must have possessory int to file for exclusion of heroine in Veto's house==> No standing
101. Defamation
Neg P: private
of / concerning P
overcharge customer reputation
P wins
102. Tort action
def: No damage
IIED: No SED
103. Evidence
before Joy fell, install carpet
stmt before as Vicarious admission
nonparty (STM @Interest) and not available
NOT Available
Dying D
Former Testimony
Stmt of predigy
104. FM
unintent'l killing during felony of BARRK
Exception:
Redline Rule:
Def NO FR if justifiable death : Victim, Felon death
where Co felon force /use victim as shield ==> FM of victim
Corp killed both. C death : redline
M death : exception to Redline ==>FM
105. Tattle death : redline: justifiable homicide
106. Evidence - 6th Amend
Right to confrontation
needs eliminate HS b/c not asked
107. Miranda
Custody
Interrogation
voluntary response to police: NOT in Custody
C b/c waive Miranda
108. Riparian Water Right
Rsnble Use doctrine: land abut water may use as long as not interfere w/ rsnble use of others
- Competing usage ==> Domestic use is superior to agriculture use
Right of appropriation : 1st win doctrine
109.
covenant of warranty
grantor agrees to defend grantee @ the 3rd person claim
B
110. Waive K cdition, but cannot waive a promise
cdtion event, which qualifies P prfmce
B waived the condition of ins coverage
111. No valid mod to waive promise
112. EP
intent to discriminate then trigger std of review
state
on its face no discrimination b/c anybody applicable
Race: compelling after P's burden shows dicrimination
113.
Prior bad act: No extrinsic evidence, must impeach on cross
W open door on character of honesty
Impeachment prior bad act: No extrinsic evidence==> report excluded
114. FI - Intent Tort
1. intent/sub certainty
2. cause confinement
3. p aware of confinement or physical harm except infants
115. Sentencing
Enhanced sentence: go beyond statutory max; any fact to prove beyond must be beyond reasonable doubt
116. Respondeat Superior
employer liable for neg of employee occurred during that scope of relation
NOT for intent’l Tort
Exception if Tort further employer ‘s bus : bouncer
B limits only neg è wrong
C transferred intent to cause harmful touching
117.Defamation
communicated to 3rd party and understood
P disseminate def stmt è Not actionable unless in good faith necessity inquiry to ascertain its dissemination
B exception of P’s dissemination
118. reform K by equity ct
to adequately express the true agreement
119. Tort – B
120. Accidental conduct if neg conduct
D
Pick answer preventing tort/crime (elements)over defense
121. CON LAW hierarchy
Const
Acts of Congress/ Treaties ( last in time wins if conflict between acts and treaties)
Presidential executive orders/ Agreements
State law
D
122. Accord and Satisfaction
Agreement that existing dispute will be discharged upon substitute performance
Satisfaction when performed
123. UCC del of nonconforming goods
Acceptance & breach
124. Mailbox rule
Offeror authorizes means of acceptance
“Notify me “ Mailbox not applicable until open letter of notice è NO K
No Firm O rule
125. Fixture
Life Tenant not intent to have perm fixture. Remove after death as long no sub damage to property
Structurally attached, com fixture can not be removed
C
126. no time for closure
seller must provide marketable title at closure
must sufficiently describe the property
127. Taking
Valueless: no viable use of land
128. private has exclusive rt : agent of Stateè State action
D taking
129. Installment sale contract
Last pmt to convey good marketable title
130. Mortgage
M’or ç=====è M’ee (Bank)
Note: debt owed
Mortgage is security interest that follows Note
Default ==è In Rem (Foreclosure) before personal liability
Property 1st and go after IN PERSONAM for deficiency
Until forclosure M’or has redemption equity rt
If buyer ASSUME mortgage è pers liable
If Buyer Take property subject to the mortgage è No pers liability
If silent Deed è Subject to è NO pers liability
Statutory rt of redemption after foreclosure
131. mutual mistake as content of writing. Will allow to come in to reform
132. Employment K
Pers K never enforceable
B
133. Ex post facto violation
Retroactive law unconstitutional
134. Condition precedent
Age 70 is conditionè duty discharged
135. contract only applies to state
K clause violation law upheld if :
K obligation of state, If there is valid ST interest , ST will win over K obligation
No valid ST interest è Not upheld
136.
Intent to battery
137. sol : crime cannot be achieved b/c she knew of unloaded gun
138. insanity:
fact if believed it is true è M’Naghten satisfied
MPC less stringent: lack of capacity to appreciate wrongfulness
139. GR: K terms merge into the Deed
Exception : auxiliary agreement regarding the physical of the property enforceable
140. No 6th A b/c W took stand
141. superior skill will be held as that superior std.
tax law specialist std even gratuitous è held as tax specialist std
142. consideration – bargained- for exchange
143. naming a child è consideration
144. independent contractor
Employer not liable unless;
Nondelgable duty or carrying out inheritent dangerous activity
EER liable for trespass harm cause by IC if he knew/SH known
145. Mortgage
redemption rt still exists b/c no foreclosure
146. mortgage cannot prevent remodeling unless reducing valid to danger zone ( to zero)
147. Firefighter not immuned to reckless cduct
148. Offer to pay med expenseè inadmissible , and stmt w/it is admissible
149. admission connected w/ med expense pmt stmt is admissible
150. . K 3rd PT beneficiary
A ç==K===è B
To enforce must have valid underlining K
- Intended? Not incidental
- Donee /Creditor?
Right vested?
Learned and assent to it
Sue on the K
No K agreement was entered
151. All K assignable except:
Pers service
Long term rqmt K
Substantially altered the rt and duty
Loretta can seek relief
152. 11th A State cannot be sued by ST citizen or OF ST citizen w/o consent of ST
153. Co-adverse possessors hold as TC
154. . Accomplice liability
- intent a crime to be committed
-Aid/abet principal to commit crime
155. Causation in Crim Law
Actus reus
Mens rea
Concurrence
Intervening act in response of D ‘s causation
156. common knowledge W è Expert not rqd
157. Fund rt
Education to educate kid the way you see fit. Not rt to receive free education
.Strict Scrutiny è rt to marry è unconstitutional
158. congress
tort limit max recoverage in state
No impact on commerce power (no fact)è struck down
159. Abandoned lease
CL: 1) surrender 2) no surrender , mitigate, rent it out, 3) do nothing and sue when rent due
JX may require to mitigate è B the best
160. Quasi-K relief
Unjust enrichment for restitution
161. breaching party seek deposit refund. No contract term:
- course of previous dealing
- customary bus practice
162. Spousal immunity privilege :
Criminal only, before and during marriage, divorce loose it
Holder: XXXX
Marital communication priviledge: both crim and civil during marriage Divorce keep it, Holder Both
163. Burden of Proof in criminal
Beyond reasonable doubt
164. .
165. FI act intent causation
Battery, IIED
166. Words alone not actionable for assault
Plus cduct è actionable
A
167. Implied War
2:
1. Merchantability war: goods generally fit for general usage
2. Implied War: Fit particular purpose
Prior dealing to violate war of fitness for particular purpose
168. Authenticate handwriting:
1. expert testify
2. Jury to compare sample handwriting w/
3. Lay person familiar w/ handwriting
Familiar w/ handwriting OK, but Not for litigation purpose
169.
Breach of fiduciary duty
C: No mortgage rt
D: Lien on property is the answer
170. All have vested interest , Not all have possession interest è consent of all reqd
171. Burglary
Co-habitant : Occupancy rt controls dwelling; No dwelling house
Arson: CL legal impossibility not own home burning g
172. Com Speech ptected unless:
misleading/ fraudulent
However can be restricted when showing advance sub gov interest and restriction is narrowly tailored
173. Conlaw
Fed judicial review
Standing ripeness
Ct Not hear non justiciable
political question
K clause only applies to ST law not Federal Law
174. ST law
Not ripe: “ potential harm”
175. Initial taking must be trepassory to form Larceny
176. work product and confidentiality will be protected
177. bargained –for exchange
K past consideration: No new consideration for 3K
New cons for $7K to induce future treatment
178. Recording Statute
- No FIRST
-
Race
FIRST
1st record wins
Notice
No FIRST, Subsequent BFP
Good faith pay valid
No notice
Race-Notice
FIRST
Good faith pay valid
No notice
Record 1st
179. Material Breach
Not substantially performed
Non breaching Party can be discharged
180. boundary by Agreement
dispute about boundary line then make agreement ( relinquish and taking boundary line) will have boundary line by agreement
that will control over survey report
181. Prepayment penalty enforceable
182. . Congress can set up fed lower ct NOT Supreme Ct
183. Conslaw
Mall privately owned; not allow bus loading/unloading off the shopping
NO ST action
184. Speech
no state action ; permission to be there ; license revocable
185. Evidence
Effect on the hearer: ST of mind :NON HS
186. high std : ineffectiveness of counsel:
Act causes result is different
Failed to interview alibi W è result may be different
187. Evidence
Market report admissible
Bus Record: need somebody to testify for authentication
188. Evidence
Catchall exception fact to guarantee trust worthiness
Present sense impression must be during or immediately after NOT 1day after
189. No police trickery è D intend to relinquish control over itemè No search
190. real evidence needs testimony to authenticate evidence.
191. Punitive Damage
Trespass action aggravate to have punitive dam
192. Common authority rule
Csent the search of reasonable item in living room
193. child molestation case exception
194. seller can cure after time of performance if:
rsnble ground: nonconforming tender will be accepted
notify buyer to cure in a reasonable time
195. Intervening causation
D ========CAUSE========è Y Broken leg=è accident Broken arm èDr. fixed wrong leg
Foreseeable è liable
Unforeseeable è Not liable (act of god, criminal act by 3PT, Intent’l tort)
Steal of the beer even criminal act but foreseeable in a high crime area è Foreseeable è liable
196. Establishment clause
Gov entangles w/ religion
-Secular(nonreligious) purpose
-Not inhibit or advance religion
-Not excessive entangle w/ religion
A
197. Certain form Objection must be made at GJ or deposition stage
Substantive objection can made at trial
198. President has Pardon power fed convicted crimes
Set forth in CONS
199. Open mine doctrine
Life tenant/ tenant for years may operate open mine w/o liability for waste. New mine will be liable to remainderman
200. K relation based on promise
-
MBE law in flash Real Property Posted Thursday, July 7, 2005 by mikvu
FUTURE INTEREST
RAP
- class gift (Inter vivos @RAP b/c possible after-born children; Will is OK)
Life Tenant
- Mortgage (LT pays interest, Remainderman pays pricipal)
RAP void
- Result after deleting Remainderman
++ "so long as" determinable --> defeasible fee --> auto revertx to Grantor &heirs
++ "but if" Fee Simple subject cubsequent cdition --> Grantee
Any senerio @ RAP
- Old woman possibly has children
BFP - relevant in subsequent purchase only
Doctrine of Merger
- Quit claim : No covenants
- Marketable title implied in land sale K
- Once deed takes effect, the terms of deed control, NOT the K
NOTICE
- Express
- Implied
Recording Statute
PURE RACE
-no good faith
- " First in time wins"
-rarely tested in MBE
PURE NOTICE
- no actual notice (gd faith)
- Sub BFP ptected at conveyance as long as prior conveyance is not recorded then.
- BFP need not record to be protected
RACE_NOTICE
- no actual notice ( gd faith)
- priority of record: sub BFP ptected if 1st to record
CL Conveyancing rule
- 1st in time, 1st in right when no BFP
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176. 5th A takings clause
- viable econ impact
- Interference of idistinct nvestment -backed expectation
- character of gov act
No egg sold interstate
kill turk for meat; sell at discount
==> takings
177. Fed bought turks and eggs==> gov pperty clause A IV
178. congress has power to reg armed forces and sate malitia under necessary and proper clause.
179. not discriminate religion on its face ==> rational basis
but marriage ==. fund rt==> state burden to futher compelling interest
180.supremacy prohibits ST from regulating fed activity
181. tax target news pub ==> 1st A viol
182. to vote/holding elective office, jury rt ==. related to go functioning : exception to strict scrutiny==> upheld
186. secular purpose indirectly burden free exercise clause issue ==> rational basis; NO strict scrutiny
187. standing: must be direct injury NOT mere suffuring indefinite way in common w/ people in general
189. police power of stae to regulate welfare, health==. rsnble upheld
192. President may not enact a law; Congres passe the law over President's veto (2/3) ==. treasure must pay as law autorizing
194. state law unduly burdens or discriminate @ interstate commerce==> law struck down
195. Sidewalk: pub forun
Gov may enforce rsnb time, place, manner regualtion:
- content neutral
- narrowly tailored to achieve sig gov interest
- open alternative channel of communication
ad sign are content-specific ==> strict scrutiny- unconstitutional
197. fed cannot tax ST on sovereign functions of ST gov, but can tax proprietery bus (outside investment)
198.State cannot tax Fed gov function , but can tax indirectly peron/identity connected to gov
199. Congress spending power for gen welfare is very broad. Not unlimited but rationally related to fed interest.
K PMBR Red Posted Friday, July 22, 2005 by mikvu
176. executory K , before pfmc time, anticipatory repudiation treated as total breach, but Ar must be positive and unequivocal
177. The cover price at the time of K breach use to cal damage (cover p- kP)
180. breach of implied promise ( make profit) does not discharge Promisor but make his duty absolute
182. absent unenforceable LD clause, Concord notified V an anticipator repudiation. V acn treat it as mutual rescission and accept K discharge and sue to recover in restitution the pfmc value rendered
183. subcontract paymt cdition on pmt from customer is independent of K pmt cdition, i.e. no discharge of K pfmc between Ker and subKer==> Ker must pay
185.indefinite duty to perform can fail the whole K pfmc enforcement due to lack of consideration
190. UCC implies rsnble price after counteroffer ( rejection of original offer $7200)
195. breach causes no pecuniary loss ==> nominal damage only b/c expectant damage is none
196. bargained -for exchange exists even "as long as you make satisfactory progress"
198. basic assumption of k is to win then buy property. Here, D won ==> term enforceable
200. Illegal K: law will refuse aid to either pty, but will leave them where it finds them. 2 exceptions;
1. innocent pty can sue to enforce
2. Pari delicto : lesser fault party(more excusable pty) can sue for relief
Property PMBR Blue Book Posted Thursday, July 21, 2005 by mikvu
180. Judgment lien not attach RE that was conveyed, but not recorded
181. Lease K . No assumption of continued existence of heavy traveled roadway at restaurant site ==> Tenant liable for rent
182. Deed is void b/c grantee not rsnbly identifiable (executives of church)
183. Life Tenant terminates Lease K; remainderman interest effective when LT dies
185. Remainder to the children who do not exist at time of int creation. Title to all children born including future ones during parent's life time
187. Val del of deed rqrs Grantor's intent ( written deed not sufficient intent to convey yet)
189. Fixture: Kitchen components + lite fixture
190. Land conveyed w/
- 1/2 parking
- no merchandise sales
- 1st refusal rt to grantor
==> equitable servitude mor than covenant
192. Joint Owner ==> Joint Tenant
Sever JT 70%; 15% TC w/ X; 15% TC w/ Y
193. Fixture: Annexer intent to remove, LL csents ==> can remove all
195. Deficiency judgment @ original mortgagor ; he is secondary liable ( act as surity)
-Buyer asumming loan ==> personally primarily liable
196. Assignment valid w/o LL consent
ASSIGNABLE EVEN lEASE CONTAINS A NON-ASSIGNABILITY CLAUSE
200. Conveyance by a JT ==> complet severence of her int and destroys JT as to the extent of the int conveyed.
3 day PMBR Posted Tuesday, July 19, 2005 by mikvu
Goal scaled 145
Raw 87 + 36 = 123
33 Q 1hr
behind: eliminate 2 answers in long Property Q
1. Evid Exclusion rule not extended to Grand Jury
2. Standing:
- Injury in fact
- Redressability : relief sought to correct harm
Contactor has existing K to pay for inspection has standing
CON LAw question
1. Who passes the law: ST/ Fed?
2. Subject matter: eg. commerce power
3. Review Level and Burden
3. FO Rule 2-205
Merchant Offers to buy/sell by terms in wrintg w/ promise to hold open. The O is irrevocable for lack of consideration for time stated or < 90d
D is better b/c directly answer the call of question
4. Dty to control 3rd party
Special Relation must exist to have duty to control:
eg. common carrier (passenger on Airplane)
Therapist : rsnble care to ptect intended victim
A - must be affirmative duty eg. "Do not go to him, he will kill you"
5. Neg Per Se Violation of stattute
-class of person S protects
-type of harm S protects
Most JX : NOT conclusive
only evid of NEG ==> FActual to Jury
Follow Pure comparative unless directed otherwise
PURE
Just reduce P's rec by amt of his fault
MODIFIED COMP
1. P's negmust be less than D's neg
2. Rev reduced by P's fault
CONTRIB
P's NEG bars recovery unless:
1. LCC
2. D 's reckless conduct
B: full rec if Dis not neg
6. DISABILITY
A: rational basis related to legitimate ST interest
7. stmts in police report is HS (TOMA_Truth Of Matter Asserted) and inadmissible, BUT can be used to impeach W as inconsitent stmt
A
8. Offeree sent Rejection 1st and changed mind to send acceptance, MAILBOX does not apply. whatever arrive 1st will control
==> B
9. JOINT TORTFEASORs
each has substantial factor to cause single injury
- Each liable for full amt of dam (Jointly ans severally liable)
- Can rec fro either D
- Other D can seek contribution from D
==> D
10. Present Sense Impression
stmt made while or immediately after event happening
-Admissible as HS exception
11.K Rightfully reject nonconforming goods
Buyer cannot take goods inconsistent w/ Seller's ownership rt when rightfully rejecting goods.
-After a reasble time, B can sell goods and take <10% of selling fee
==> A - 120K 10% 12k
12. Del terms
FOB destiny ==> ROL on buyer after entrusted goods to carrier
13. Holdover Tenant
Renew same term as before
-1yr lease ==> renew for 1yr
-3yr lease ==> renew max for 1yr
Unilateral mistake K formed unless nonmistaken pty knew/SH known mistake
==> B LAwson has no reason to know
14. Life Estate
==> D
15. Strict Product Liability
Com Seller sells defective cdition that unreasonably harmed consummer will be SL
No COntributory Neg for SL
AOR ==> yes
==> C
16. DefectDesign
17. Sl recovery
No reco for econ loss
18. Landlord - Teanant
Lease agreement -privity of K
Land - privity of estate
Assign Whole estate to other- assignee ==> in privity of estate
Sublease - less than a whole ==> No privity of estate
Cannot sue sub lease tenant ==> tenant and assignee both are liable. Tenant can seek contribution from assignee
19. Subteanant
L can not sue (No privity of estate)
==> B
20. Tort Misrep (Fraud, Deceit)
1. False stmt
2. Scienter
3. Intent to induce D to act
4. Justifiable reliance on fraud
5. causation
6. Damages
Non disclosure if fiduciary exists ( banker, maj SH vs. min S?H)
C; did not intend to induce D
21.
leading allows in
-cross
- direct hostile W (opponent pty, his spouse)
- Not in cross from own lawyer
==> B
22. Racial quotas violation of EP
even to remedy past University's discrimination
23. Electoral college vote - 12th Amend
election result procedure dispute belongs to congress; Fed dismiss the suit
==> D
24. Privacy tort
appropriation liable for com use even repeat magazine article w/o consent
AFLIP
appropriate use name /likenes for com use w/o consent
False light objectionable to a RP
Intrusion on seclusion objectionable to RP
Public diclosure of private fact objectionable to a RP
25.
UCC Gap filler
- Rsnble price
- Del Term ==> seller's place of bus
26. Competency of W
FER: every person competent to testify
CL: mental/incompetent untrustworthy to testify
27. Crim Law
Never use INtox to reduce M --> Mans
Can use to negate SI ie. MI --> MII
SI of prmeditation and deliberation formed before vol intox==> MI
28. 10th Amend
-Ptect St sovereignty
- Congres may not compell ST to adopt Fed law
- May prempt, force std by fed funding
29. LARCENY
Trespassory - taking - carry away - pers pty - of another - intent to steal/ permernently deprive
-accessory after the fact: NOT guilty of main crime
- false pretense : must pass title; C did not give jewelry to B
- Receiving of stolen Pty: NO b/c no knowledge of stolen pty
-Finder of lost pty: Intent to keep at finding moment and know /SH known identity of owner ==> LARCENY
- Continue Trespass of Larceny: Initial taking is temporary, later intent to steal
87. lawful possession ==> embezzlement
88. If statute given ==> Read carefully
89. lawful possession ==> embezzlement
30. IIED
- intent/ reckless (outrageous and extreme conduct)
- Severe ED more than upset (No need of physical harm)
- 3rd PTY must be close fam member OR physical harm AND
- D knew 3rd PT presence
31. character evid inadmissible if matter is not trait of character ( car accident). D is dying declaration stmt
32. Self-Defense
GR: D can use equivalent threatened force to defend
EXCEPT: D knows of mistake of identity, has time to correct but fails to correct==> loose selfdefense
33. INCHOATE CR
-SOLICITATION - asking to commit crime
-CONSPIRACY - agreement of 2+; CL: No overt act rqd
-ATTEMPT - Specific Intent, Substantial Step to commit crime; Legal Impossibility = Dfense BUT NOT Factual Impossibility
34. Sever JT ==> Tenancy in Common
-Death - Final partition decree - coveying intr vivos - mortgage in title theory jurisdiction
35. Unilater mistake
not prevent K formation unless other know/SH known
36. Med diagnosis stmt admissible:
-pertinent
-no fault stmt unless by child to Dr.
-no accusation
37. NOT at scene ==> NO first hand knowledge ==> inadmissible
38. Qualified Privilege def in Defa (Job reference)
- act in pub interest
-interest of other
Reasbly believes stmt is true
39. Full Faith Credit Art 4 of CONS
State Y must regconize expugement from State X
40. law must be dicriminatory on its face to trigger EP
- effect or impact of discrimination is not enough to trigger EP
-No purpose of sex dicrimination ( prevent pregnancy)
==> rational basis==> burden on P
41. Same as 40, No discrimination of race ( GPA improvement)
==> rational basis==> burden on P
42. Legal duty to act
Close family member - fails to assist
-Died ==> Murder
Shoot to freight train ==> IM
Shoot to Passenger train Murder
43. Testify about hearing ==> beyond scope when crossed, objection sustained
44. Debt barred by SOL/Bankruptcy
New terms enforceable w/o CONS
45.
Conviction to impeach Wif misdemeanor involves dishonesty/false stmt.
Here, BAttery conviction can not be used to impeach
46.
Employee theft
low level ==> larceny
Hi level ==> embezz
47.
receiving SP ==> must be aware of Stolen P
No Larceny b/c no trespassory taking
48,
FEL < 10yrs
Def ==> Inadmissible (Ct has discretion: probative> prejudice)
Witness
46. LArceny
take jewelry w/ intent to steal guilty of Larceny
47. No trespassory taking b/c Reba did not take jewelry==> No LArceny
Receiving Stolen Property==> must have knowledge of stolen pperty
48.
2nd Restatement opposite from CL
Moral obligation can serve as a substitute for CONS, Not under CL
49.
no plain V b/c W testifies the stmt NOT Diary
-No BER reqd b/c no diary
50.
Del of deed depends on Grantor's intent NOt Physical delivery
51.
Offer is terminated by lapse of time. O stays open in a renble time.
52, Taking:
- needs not to be physical taking
- rendering land valueless or no viable econ use
53. Punitive reqs Reckeless conduct such as IIED nOT Neg or Battery
54.
Vol intox ==> No def to gene intent crime like RAPE
-Unreasonble mistake of consent is NO defense to general intent crime
55. Limitted Public Figure
- achieves frame / noterietery
- injected herself into controversy
P must prove malice disregard of truth
56. S & S
Rsnble mistake of warrant S ( 1st Floor nane identified name, mistake of 2nd floor belongs to the same unit) admissible
57. Difference-in-value damages
if P did not suffer any monetary loss==> No recovery
58.
Natural Disaster is a K duty excuse if K specified pduct from the impacted area
59.
Judge 's decision based on personal belief is overturned as plain error
60. Ex post factor violation offense occured before the law went into effect
61.
Presidential executive order authorized by fed statute under inter commerce ==> constitutional
- President does not have plenary foreign affair; shares w/ Congress
- K clause obligation impairement applicable only to ST law
62.
RAP not applicable to Reenter Rt
Applicable RAP: future interest value only if vested w/ in 21 yr after a life in being from the time of int creation:
1. Contingent remainder
2. executory interest in future
3. Option to buy land in the deed
4. power of appointment
5. class gift subject to open members
fee simple determinable ( until , solong as, while, during) ==> reverse toGrantor automatically
-reenter rt is not automatic
63. RAP not applicable to Covenant
- partition of JT by equity court
- covenant not to partition is not enforceable b/c cannot override judicial authority
64. funiture catalog inadmissible to read to jury to prove property loss
65. Dying D :
not available
made w/ belief D will die
About the death
66. use proceed at closing to remedy the title defect
67. no sufficient nexus between gov and private actor even receiving funding from the state ==> resolution upheld
68. intent to rob but failed ==> attempted Robbery
No attempted LARCENY b/c no intent
69. Anticipotor repudiation:
GR: can immediately sue total K breach
EX: not applicable to Unilateral K OR non-breaching pty has fully performed
==> to recover Partial breach & wait for the next performance
70. death penalty Constitutional
- migration fact consideration NOT mandated by law
- only cimes of killing No RAPE/ Kipnapping of kid
71.
- fed law
-No lion as pet
- No nexus with commerce clause
72. Accomplice Liability
abet/encourage w/ intent a crime committed
- substantial certainty to cause false report to be made
73.
SL is subjective not rsnble std
AOR is val defense when D is aware of the horse excitable nature
74, Animal SL
directly/indirectly harmed by animal 's propensity
tornado cause fence ripped apart ==> not superseding event
75.
Res Ipsa Loquitur
-Reasonable Inference of neg (probability that D's neg)
-exclusive control of instrumentality
- no harm w/o neg
W/o rsble inference ==> directed verdict for D
76. P must have evid D's neg
77. acceptance of nonconforming goods fas accomodation ==> liable for K price
78. SOF . $500 goods must be in writing to enforce
MY LEGS
79. testifier of stmt that was impeached on cross
- pol report quoted the same stmt is inadmissible for both rehabilitation and as substantive evid
80.
specific bad act is admissible as proof of character trait for dishonesty in misrep case
CHARACTER EVID
-Trait to shoe propensity by all means 9rep, opin, sp act)
- inadmissible unless in issue
-defa, neg entrustment, child custody, fraud, battery def
CRIMINAL CASE:
1. GR: inadmissible to pro propensity
EX: D opens the door by REP and Opinion ; NO SPEC act
CAN COME IN TO IMPEACH
2. D introduces Bad character of victim; self-def
3. RAPE; only specific act NO rep/Opinion
-past sexual act ==> csent
- past sexual act w/ others ==> Shows d is not the source of semen
4. Prosecution can show spec act in sexual case/ chils molestation
MI MIMIC
Motive - Intent - Mistake (absense) -Identity - Common plan/ scheme
81. previous stment of plead not admissible
82. mortgage of lfe tenant
-grantor devised son subject to mortgage ==> son is not personally liable b/c no assumption
83. mentally K pty may void the k Not the other Pty.
-Vendee can not raise Vendor's incapacity
84. Anglo-saxon law= CL
CL; LL must del possession at the inception of the lease
ML: tenant liable for rent
85. 1st A freedom of Speech
pub Form ( Park,street, sidewalk0
3 tests;
-content neutral
-narrowly tailored to serve sig gov int
- leave open alternative channel of communication
86.
mortgage and note are inseparable
Holder of due course: taking the note w/o notice of title defect
Notice Jurisdiction ; BFP w/o notice pay for val and record ==>Win
87. lawful bailment " look after Skeeter"
==Embezz
88. intent to steal ==> Burg -Jaguar
Intent to steal but after brok into garage 2nd time ==> larceny
89. larceny
Winston borrow necklace ==> No LAR
after Willow asked to keep he csented to keep ==> LAR
90.
counter O terminates power of acceptance
91. Indirectly revocation when offeree learned of the sale to others
92. Financial records exist before A_C relation ==. not privileged
NOT violate 5th A of selfincrimination
93. Competency to stand trial must be proved bu prosecution by preponderance of evide or some states requires beyond rsnble doubt
94. low fed ct system authorized by congress NOT Supreme ct
==> violates Article III
95. S& S
must be gov cduct
96. Dragnet clause to include other purpose loan (improvementz) using RE as security wil be ENFORCEABLE if dragnet clause described w/ specificity (improvement loan)
97. unforseeable (unsually late winter storm) delayed del ==> nO breach
98. pub education ==> fund rt ==> rational review
==> Upheld
99. No intent to kill, inflict BH, reckless ==. NOT guilty
100. D must have possessory int to file for exclusion of heroine in Veto's house==> No standing
101. Defamation
Neg P: private
of / concerning P
overcharge customer reputation
P wins
102. Tort action
def: No damage
IIED: No SED
103. Evidence
before Joy fell, install carpet
stmt before as Vicarious admission
nonparty (STM @Interest) and not available
NOT Available
Dying D
Former Testimony
Stmt of predigy
104. FM
unintent'l killing during felony of BARRK
Exception:
Redline Rule:
Def NO FR if justifiable death : Victim, Felon death
where Co felon force /use victim as shield ==> FM of victim
Corp killed both. C death : redline
M death : exception to Redline ==>FM
105. Tattle death : redline: justifiable homicide
106. Evidence - 6th Amend
Right to confrontation
needs eliminate HS b/c not asked
107. Miranda
Custody
Interrogation
voluntary response to police: NOT in Custody
C b/c waive Miranda
108. Riparian Water Right
Rsnble Use doctrine: land abut water may use as long as not interfere w/ rsnble use of others
- Competing usage ==> Domestic use is superior to agriculture use
Right of appropriation : 1st win doctrine
109.
covenant of warranty
grantor agrees to defend grantee @ the 3rd person claim
B
110. Waive K cdition, but cannot waive a promise
cdtion event, which qualifies P prfmce
B waived the condition of ins coverage
111. No valid mod to waive promise
112. EP
intent to discriminate then trigger std of review
state
on its face no discrimination b/c anybody applicable
Race: compelling after P's burden shows dicrimination
113.
Prior bad act: No extrinsic evidence, must impeach on cross
W open door on character of honesty
Impeachment prior bad act: No extrinsic evidence==> report excluded
114. FI - Intent Tort
1. intent/sub certainty
2. cause confinement
3. p aware of confinement or physical harm except infants
115. Sentencing
Enhanced sentence: go beyond statutory max; any fact to prove beyond must be beyond reasonable doubt
116. Respondeat Superior
employer liable for neg of employee occurred during that scope of relation
NOT for intent’l Tort
Exception if Tort further employer ‘s bus : bouncer
B limits only neg è wrong
C transferred intent to cause harmful touching
117.Defamation
communicated to 3rd party and understood
P disseminate def stmt è Not actionable unless in good faith necessity inquiry to ascertain its dissemination
B exception of P’s dissemination
118. reform K by equity ct
to adequately express the true agreement
119. Tort – B
120. Accidental conduct if neg conduct
D
Pick answer preventing tort/crime (elements)over defense
121. CON LAW hierarchy
Const
Acts of Congress/ Treaties ( last in time wins if conflict between acts and treaties)
Presidential executive orders/ Agreements
State law
D
122. Accord and Satisfaction
Agreement that existing dispute will be discharged upon substitute performance
Satisfaction when performed
123. UCC del of nonconforming goods
Acceptance & breach
124. Mailbox rule
Offeror authorizes means of acceptance
“Notify me “ Mailbox not applicable until open letter of notice è NO K
No Firm O rule
125. Fixture
Life Tenant not intent to have perm fixture. Remove after death as long no sub damage to property
Structurally attached, com fixture can not be removed
C
126. no time for closure
seller must provide marketable title at closure
must sufficiently describe the property
127. Taking
Valueless: no viable use of land
128. private has exclusive rt : agent of Stateè State action
D taking
129. Installment sale contract
Last pmt to convey good marketable title
130. Mortgage
M’or ç=====è M’ee (Bank)
Note: debt owed
Mortgage is security interest that follows Note
Default ==è In Rem (Foreclosure) before personal liability
Property 1st and go after IN PERSONAM for deficiency
Until forclosure M’or has redemption equity rt
If buyer ASSUME mortgage è pers liable
If Buyer Take property subject to the mortgage è No pers liability
If silent Deed è Subject to è NO pers liability
Statutory rt of redemption after foreclosure
131. mutual mistake as content of writing. Will allow to come in to reform
132. Employment K
Pers K never enforceable
B
133. Ex post facto violation
Retroactive law unconstitutional
134. Condition precedent
Age 70 is conditionè duty discharged
135. contract only applies to state
K clause violation law upheld if :
K obligation of state, If there is valid ST interest , ST will win over K obligation
No valid ST interest è Not upheld
136.
Intent to battery
137. sol : crime cannot be achieved b/c she knew of unloaded gun
138. insanity:
fact if believed it is true è M’Naghten satisfied
MPC less stringent: lack of capacity to appreciate wrongfulness
139. GR: K terms merge into the Deed
Exception : auxiliary agreement regarding the physical of the property enforceable
140. No 6th A b/c W took stand
141. superior skill will be held as that superior std.
tax law specialist std even gratuitous è held as tax specialist std
142. consideration – bargained- for exchange
143. naming a child è consideration
144. independent contractor
Employer not liable unless;
Nondelgable duty or carrying out inheritent dangerous activity
EER liable for trespass harm cause by IC if he knew/SH known
145. Mortgage
redemption rt still exists b/c no foreclosure
146. mortgage cannot prevent remodeling unless reducing valid to danger zone ( to zero)
147. Firefighter not immuned to reckless cduct
148. Offer to pay med expenseè inadmissible , and stmt w/it is admissible
149. admission connected w/ med expense pmt stmt is admissible
150. . K 3rd PT beneficiary
A ç==K===è B
To enforce must have valid underlining K
- Intended? Not incidental
- Donee /Creditor?
Right vested?
Learned and assent to it
Sue on the K
No K agreement was entered
151. All K assignable except:
Pers service
Long term rqmt K
Substantially altered the rt and duty
Loretta can seek relief
152. 11th A State cannot be sued by ST citizen or OF ST citizen w/o consent of ST
153. Co-adverse possessors hold as TC
154. . Accomplice liability
- intent a crime to be committed
-Aid/abet principal to commit crime
155. Causation in Crim Law
Actus reus
Mens rea
Concurrence
Intervening act in response of D ‘s causation
156. common knowledge W è Expert not rqd
157. Fund rt
Education to educate kid the way you see fit. Not rt to receive free education
.Strict Scrutiny è rt to marry è unconstitutional
158. congress
tort limit max recoverage in state
No impact on commerce power (no fact)è struck down
159. Abandoned lease
CL: 1) surrender 2) no surrender , mitigate, rent it out, 3) do nothing and sue when rent due
JX may require to mitigate è B the best
160. Quasi-K relief
Unjust enrichment for restitution
161. breaching party seek deposit refund. No contract term:
- course of previous dealing
- customary bus practice
162. Spousal immunity privilege :
Criminal only, before and during marriage, divorce loose it
Holder: XXXX
Marital communication priviledge: both crim and civil during marriage Divorce keep it, Holder Both
163. Burden of Proof in criminal
Beyond reasonable doubt
164. .
165. FI act intent causation
Battery, IIED
166. Words alone not actionable for assault
Plus cduct è actionable
A
167. Implied War
2:
1. Merchantability war: goods generally fit for general usage
2. Implied War: Fit particular purpose
Prior dealing to violate war of fitness for particular purpose
168. Authenticate handwriting:
1. expert testify
2. Jury to compare sample handwriting w/
3. Lay person familiar w/ handwriting
Familiar w/ handwriting OK, but Not for litigation purpose
169.
Breach of fiduciary duty
C: No mortgage rt
D: Lien on property is the answer
170. All have vested interest , Not all have possession interest è consent of all reqd
171. Burglary
Co-habitant : Occupancy rt controls dwelling; No dwelling house
Arson: CL legal impossibility not own home burning g
172. Com Speech ptected unless:
misleading/ fraudulent
However can be restricted when showing advance sub gov interest and restriction is narrowly tailored
173. Conlaw
Fed judicial review
Standing ripeness
Ct Not hear non justiciable
political question
K clause only applies to ST law not Federal Law
174. ST law
Not ripe: “ potential harm”
175. Initial taking must be trepassory to form Larceny
176. work product and confidentiality will be protected
177. bargained –for exchange
K past consideration: No new consideration for 3K
New cons for $7K to induce future treatment
178. Recording Statute
- No FIRST
-
Race
FIRST
1st record wins
Notice
No FIRST, Subsequent BFP
Good faith pay valid
No notice
Race-Notice
FIRST
Good faith pay valid
No notice
Record 1st
179. Material Breach
Not substantially performed
Non breaching Party can be discharged
180. boundary by Agreement
dispute about boundary line then make agreement ( relinquish and taking boundary line) will have boundary line by agreement
that will control over survey report
181. Prepayment penalty enforceable
182. . Congress can set up fed lower ct NOT Supreme Ct
183. Conslaw
Mall privately owned; not allow bus loading/unloading off the shopping
NO ST action
184. Speech
no state action ; permission to be there ; license revocable
185. Evidence
Effect on the hearer: ST of mind :NON HS
186. high std : ineffectiveness of counsel:
Act causes result is different
Failed to interview alibi W è result may be different
187. Evidence
Market report admissible
Bus Record: need somebody to testify for authentication
188. Evidence
Catchall exception fact to guarantee trust worthiness
Present sense impression must be during or immediately after NOT 1day after
189. No police trickery è D intend to relinquish control over itemè No search
190. real evidence needs testimony to authenticate evidence.
191. Punitive Damage
Trespass action aggravate to have punitive dam
192. Common authority rule
Csent the search of reasonable item in living room
193. child molestation case exception
194. seller can cure after time of performance if:
rsnble ground: nonconforming tender will be accepted
notify buyer to cure in a reasonable time
195. Intervening causation
D ========CAUSE========è Y Broken leg=è accident Broken arm èDr. fixed wrong leg
Foreseeable è liable
Unforeseeable è Not liable (act of god, criminal act by 3PT, Intent’l tort)
Steal of the beer even criminal act but foreseeable in a high crime area è Foreseeable è liable
196. Establishment clause
Gov entangles w/ religion
-Secular(nonreligious) purpose
-Not inhibit or advance religion
-Not excessive entangle w/ religion
A
197. Certain form Objection must be made at GJ or deposition stage
Substantive objection can made at trial
198. President has Pardon power fed convicted crimes
Set forth in CONS
199. Open mine doctrine
Life tenant/ tenant for years may operate open mine w/o liability for waste. New mine will be liable to remainderman
200. K relation based on promise
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MBE law in flash Real Property Posted Thursday, July 7, 2005 by mikvu
FUTURE INTEREST
RAP
- class gift (Inter vivos @RAP b/c possible after-born children; Will is OK)
Life Tenant
- Mortgage (LT pays interest, Remainderman pays pricipal)
RAP void
- Result after deleting Remainderman
++ "so long as" determinable --> defeasible fee --> auto revertx to Grantor &heirs
++ "but if" Fee Simple subject cubsequent cdition --> Grantee
Any senerio @ RAP
- Old woman possibly has children
BFP - relevant in subsequent purchase only
Doctrine of Merger
- Quit claim : No covenants
- Marketable title implied in land sale K
- Once deed takes effect, the terms of deed control, NOT the K
NOTICE
- Express
- Implied
Recording Statute
PURE RACE
-no good faith
- " First in time wins"
-rarely tested in MBE
PURE NOTICE
- no actual notice (gd faith)
- Sub BFP ptected at conveyance as long as prior conveyance is not recorded then.
- BFP need not record to be protected
RACE_NOTICE
- no actual notice ( gd faith)
- priority of record: sub BFP ptected if 1st to record
CL Conveyancing rule
- 1st in time, 1st in right when no BFP
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posted by vu | 3:55 PM
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