Bar Questions Missed
Terms
undefined, object
copy deck
- Market Participant
- Commerce clause gen prohibit stte discim against out of stat e bus to beneefic local econ insterest state can prefer its own citizens when actinga s martket participant (buying or selling products, hiring labor, giving subsidies)
- Foreclosure Effect
- kills all junior interests, including easements, mortgages
- Offers to Pay Medical Expenses...what all is excluded?
- Offer is excluded Statements in connection not excluded
- Latent Ambiguity in contracts
- If one party knows of the ambiguity and the other doesn\'t, K enforced against one that DID know
- Vicarious Liability and Indemnification
- If vicarious liable for torts of another (Walmart for employee), then owner entitled to indemnification against employee for negligence.
- Content Neutral Regs.
- -content neutral -narrowly tailored -significant gov. interest -must leave open alternative channels of communic.
- Merger
- contract merges into the deed and the deed becomes meaningless
- Defense of others--use of serious force, which side
- okay to serious force to prevent serious bodily harm regardless who the agressor is.
- State Action
- state hs affirmateively encouraged or facilitated discriminatory acts by private groups ex: approved policy, stand to profit
- Contract Approval on satisfaction of painting clause
- Valid. Okay to be contingent on approval
- Protection of property
- Reasonable force oky to prevent tort against one\'s property -force that will cause death or SBH NOT OK
- Rule Against Perpituties--what is it preventing against?
- void if interest could vest more than 21 years after some measuring life
- Notice Required for Tenn. At Sufferenace
- entitled to statutory notice
- Abandonment of Easement
- must demonstrate by physical action--presumed to be of perpetual duration
- Burden in RR cases; Burden in IS cases; Burden in SS cases
- RR: Plaintiff IS: Gov. SS: Gov.
- Merger Doctrine
- once a contract is accepted, the contract is merged into the deed. Any contract provisions for quality of tiele, express or implied are no longer effective.
- UCC: response to offer is letter with diff price and deliv. date
- sufficient to create contract, unless written objection is made within 10 days
- Acceptance Effective Date
- -UCC promise to ship or shipment is acceptance -valid day it was sent
- General Warrant Covenants
- 6: Spears Could Elope: Quickie Wedding Alt. 1-Seisen (grantor owns the property) 2-covenant(grantor has right to convey) 3-encumberance (breach even if grantee aware of encumb in majority) 4-quiet enjoyment (grantee\'s poss will not be distrubed by 3rdp\'s claim: easement is ex.) 5-warranty(will defend if sued by 3rdp over title 6-Assurances (will take furthter assurances, take steps to protect
- Covenant Prohibiting Assignment
- valid against assignments -invalid against subleasing and vice versa
- Conspiracy Elements AI-IU
- -agremment between 2 or more -intent to enter into an agreement -intent to achieve an unlawful objective of the agreement
- Lay opinion Testimony
- must be based on the witness\'s perceptions
- Failure to give notice to a necessary party to forecluure--EFFECT
- interest survives -can collect mortgage or -can foreclose
- Estab. Clause-what can they inquire into
- sincerity of belief
- Valid Commerce Clause
- NARD N-nexus A-approprtion R-relates D-discriminates Commerce clause valid if nondiscriminaory, substantial nexus to activity, tax is fairly approptioned , fax fairly relates to services or benefits provided by state
- Tenancy by Entirety
- Unilateral Conveyance w/o spouse consent is void
- Exepert Testimony--where can get their facts?
- Facts or data upon which expert opinon based may be derived from presentation at trial
- Standard for Inciteful Speech
- state MAY prohibit speech that SPECIFICALLY advocatees conduct dangerous to society or gov and is LIKELY to produce such conduct
- Partial Condemnation Landlord/Tenant
- LT relationship continues, as doens obligation for rent. But T is entitled to share of condemenation award.
- Silence as an admission
- silence may be deemed an admission in a situation in which a reasonable person would have responded to an accusation.
- Hearsay Exception--\"My neck really hurts.\"
- Yes,declaration of present physical sensation. , evein if not made to a doc or medical personal
- past recollection recorded
- hearsay exception applies when a party is seeking to introduce a type of writing.
- Easement transferability
- in gross, commercial always tranferrable, permission not needed. obligation of holder to reasonably restore surface following excavation
- Life Tenant vs. Remainidermen on Principal vs. Interest
- Life tenaant-interest only
- Public Official Defamation
- Malice: Falsity & Fault (known falsity or reckless disregard)
- Tort Liability cut off by superseding cause
- if p\'s harm is not foreseeable
- Rule Against Perp. Definition
- No interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest
- Rule Against Perp Cheat
- 1-last proper name and all prior take 2-next not by proper name takes 3-all other later don\'t take, and reverts to grantor or his heirs
- Notice Statute for Recording
- Subsequent BFP, regardless of whether he recorded
- Race Notice Staute for Recording Title or Mortgage
- 1-subsequent BFP & 2-first to record
- BFP
- -purchase for value & -purchase w/o Notice (three types, actual, record, inquiry)
- Wild Deed Rule
- Wild Deed is incapable of giving record notice to subsequent BFPs
- Multiple Mortgages Foreclosure Rights No Notice
- C moves to the left and is taken subject to; if was notice C could go for a deficiency
- Riparian Doctrine Reasonable Use
- Majority rule: -upstream user Domestic=natural use agricultural=artificial
- Congress\' Ability to Regulate Interstate Commerce
- CIA test C-chanels I-instrumentalities A-Activities
- Commerce Clause--when is state or local reg. of interstate commerce ok?
- State or Local laws place undue burden on commerce, UNLESS authorized by Congress -if direct discrim, unconstit., unless necc to achieve legit. local purpose -not directly discrim, then balancing (reasons for state law) vs. (burden on IC)
- Justiciability Doctrines
- --RAMPS-- Ripeness Advisory Opinions Mootness Political Questions Standing
- Standing
- 1-Injury or THREAT of immed. injury 2-Causation 3-Redressability (favorable will likly remedy)
- Full Faith Credit
- Other state will honor if: -Personal Juris -SM Juris -Decision on Merits -Final Decision
- Lemon Test for Establishment Clause
- Lemon PEE purpose-must be secular effect-primary aid or inhibit entanglement-no excessive
- Shopkeeper\'s Privilege
- Reasonable: -suspicion -time -manner
- IIED elements
- 1-Act 2-Extreme/Outrageous Conduct 3-Intent or RECKLESSNESS to cause ED 4-Suffer Severe ED 5-Causation
- Neg Per Se Elements
- -class leg. intended -harm leg. intended protect against
- Res Ipsa
- 1-not normally unless negligence 2-negligence must have been D (exclus. control) 3-injury was not P
- Defamation to Private Person
- 1-defamatory stmt 2-of or concerning P 3-published 4-Negligent
- Defamation to Public Figure
- 1-defamatory stmt 2-of or concerning 3-published 4-negligent add elements 5-Malice (knowing or reckless disregard of truth) 6-falsity
- Nuisance
- -substantially -unreasonably -interfere with use and enjoyment of land
- Specific Intent Crimes
- SACFALBEFF Solicitation Attempt Conspiracy First Deg. Murder Assault Larceny & Robbery Burg Embezz Forgery False Pretense
- Quasi-Contract Elements
- -if not, then unjust enrich -conferred some benefit -some expectation get paid
- Promisor
- Person who is making the promise that benefits the third party Ex: Insurance C.
- Promisee
- Person who obtains the promise that benefits the third-party Ex: Max
- Vesting of 3rd Party Rights
- 1-bring suit 2-know and assent 3-detrimentaly rely
- Asignee
- Third party recieving the stuff
- Asignor
- Party assigning the stuff