Property
What is the difference between lien theory and title theory? Which is the majority view?
Lien theory (majority): the mortgagor borrower is the owner of the property interest and the lender is the holder of a lien on that interest. The lender cannot take possession until a foreclosure
Title theory: the lender is the owner of the property, while the borrower possesses the right to regain ownership upon satisfaction of their obligation
What are the elements of attempt under the majority rule?
What is the one term that is essential to a UCC contract?
Quantity
What is the difference between res judicata and collateral estoppel?
Res judicata requires identical claims and identical parties (aka claim preclusion), while collateral estoppel requires identical issues only (aka issue preclusion)
Number the following from most to least priority: judicial lien, mechanic's lien, perfected security interest, unperfected security interest
1. Mechanic's lien
2. Perfected SI
4. Judicial lien
5. Unperfected SI
What type of defeasible estate uses durational language?
Fee simple determinable
What is the M'Naugten test for insanity?
Due to a mental disease or defect, the defendant did not know the nature and quality of the act, or the wrongfulness of the act
What is the effect of additional or different terms under the UCC?
If 1 party is not a merchant: treated as a proposal or addition that must be separately accepted
Both parties are merchants: a contract exists unless the terms materially alter the agreement, the offer expressly limits the terms, or the offeror objects to the new terms within a reasonable time
When is actual malice needed for defamation claims?
(1) Public figures
(2) Matters of public concern when the P is seeking presumed or punitive damages
What are a trustee's duties?
(1) Duty of loyalty and good faith
(2) Duty of prudence
(3) Duty to inform and account (disclose)
(4) Duty of administer the trust as a prudent person and exercise reasonable care w/regard to trust property
Who is exempt from the Fair Housing Act?
Owner-occupied buildings with no more than 4 units and single-family homes sold or rented without a broker.
However, these people are still subject to FHA ad restrictions
What is the difference between larceny by trick and false pretenses?
Larceny by trick: larceny accomplished by fraud or deceit
False pretenses: obtaining of title to another's property through that person's reliance on a fraudulent misrepresentation of a material past or present fact
Whoever best describes how someone can make a legal contract to pay less than what they originally owed gets 300 points.
Let's say A owes B 75k due on Sept 1, but on August 1, B tells A she will discharge the debt if A will promise to pay 50k by August 15. A accepts.
Is the lender bound to this deal?
When are time, place, and manner restrictions constitutional? (public forum only)
(1) content neutral on subject matter and viewpoint
(2) narrowly tailored to serve a significant govt interest and
(3) leaves open ample alternative channels for communication
What are the two types of shareholder lawsuits?
Direct suits: Shareholder v. Corporation; usually when there is a denial or interference with the shareholder's voting rights, the board's failure to declare a dividend, or on the board's approval or failure to approve a merger
Derivative suits: shareholder on behalf of corporation. Shareholder must (1) have stock at the time of the act or omission, (2) adequately represent the corp's interests, and (3) filed a written demand at least 90 days before filing the suit
When does a constructive eviction excuse the tenant from their duty to pay rent?
(1) the tenant gives notice and adequate time to cure
(2) the landlord fails to cure, and
(3) the tenant vacates within a reasonable period of time
On what basis does an indigent defendant have a right to counsel when their appeal is discretionary?
The conviction is based on a guilty plea or no contest
The substantial-impairment rule allows the buyer to reject tender when the nonconforming goods substantially impairs the value of the shipment and cannot be cured. The buyer may also cancel the entire contract if the nonconformity impairs the value of the whole contract
When are restrictions on commercial speech constitutional?
(1) the regulation is narrowly tailored
(2) to directly advance
(3) a substantial govt interest
Under the UPAA, what must the party against enforcement sought prove to make a marital agreement unenforceable?
(1) Involuntariness OR
(2) The agreement was unconscionable AND the party did not have or reasonably could not have had an adequate knowledge of the other party's assets and obligations
What are the 6 present and future covenants?
Present: seisin, right to convey, against encumbrances
Future: warranty, quiet enjoyment, and further assurances
Person who names the most gets the points
1. federal habeas corpus review
2. grand jury
3. prelim proceedings
4. bail proceedings
5. sentencing proceedings
6. proceedings to revoke parole
7. impeaching the defendant
8. civil proceedings
C agreed to build A a building for $200k. C put in $150k of work and goods before quitting. At that point, A had paid C $100k, as required by the contract. A then had to pay D 120k to finish C's job.
C sues A for the reasonable value of benefits conferred. A countersues for breach of contract. How much money are parties owed?
Explanation: A ended up paying 220k for a 200k job. 220-200=20k in expectation damages
When is a state law that discriminates against interstate commerce nonetheless constitutional?
(1) an important state or local interest is being served and
(2) there are no other nondiscriminatory means to achieve that purpose
A, the decedent, has 3 kids, B, C, and D. B had one child, E. E has a child, J. C, has a child F. D has 3 kids, G, H, and I. G has two kids, K and L.
All of A's kids are deceased. E, G, and I are also deceased.
In a state that has adopted the per capita at each generation approach, what is each heirs share?
F and H inherit 1/4 of A's estate.
J, K, and L inherit 1/6 of A's estate.