Contracts
What is the applicable law for a contract for the sale of goods?
What is the Uniform Commercial Code (UCC)?
What are proper preliminary issues?
SMJ jx
Cal. SMJ
Supplemental JX
Removal JX
Remand
What are the crimes against persons?
Assault
Battery
Mayhem
Kidknapping
Rape
Murder
What are the intentional torts?
Battery
Assault
IIED
False Imprisonment
Trespass to Land
Trespass to Chattels
Conversion
What are common land acquisition issues?
Adverse posssion
Land sale Ks
Mortgages
Deeds (3 types of deeds)
Deed delivery
Merge
Damages
Defenses (laches, unclean hands, waiver)
What is required for an enforceable contract to be found?
What is all All Contracts Don't Stink?
A- acceptance - offer
C- consideration
D - Defenses
S - SOF
Where is venue proper?
-where the claim arose?
- Where Def arises? (Fed and cal)
What is the definition of CL murder?
What is the unlawful killing of another person with malice (intent to kill, intent to commit grievous bodily injury, reckless indifference, F-M)?
What are defenses to intentional torts?
Consent
Self Defense
Defense of Propertt
Recapture of Chattels
Shopkeeper's privilege
Assrest under legal authority
Necessity
What is the Rule Against Perpetuties (RAP)?
What is that an interest must vest no later than 21 years after life in bein at cretion of the interest.
RAP applies to:
Contingent remainders
Executory Interests
Options in gross
Class gifts
Powers of appt
When is an offer not revocable?
What is:
1. UCC firm offer?
2. Option K
3. Detrimental Reliance / Part Performance
What is choice of law?
What is the Erie doctrine?
State - substantive law
Fed- procedural law
If unclear balance: state interests, fed interests, outcome determinative
What is accomplicable liability?
Principal 1st - commits crime
Accomplice (aids, abets, encourages, carrying out of a crime, doesn't commit actual crime, liable for aditions crimes of accomplices if foreseabe)
accessory before the fact (not present)
Accessory after the fact
Modern distinctions
Withdrawal
What is negligence?
Breach
Actual Cause
Proxmiate Cause
Damages
NIED
Defenses
Land Use - What are Easements?
Easements - right to use land
creation of easements (express, by implication, by necessity, by prescription, estoppel)
Scope of easements / Maintain repair / Transer of Easements
Termination of Easements (Estoppel, Necessity, Destruction, Condemnation, Release, Abandonment w/ action, Release, Merger, Prescription (in reverse))
When is an acceptance effective?
What is the mail box rule?
Mail box rule
Exceptions to the mail box rule
What is proper Discovery Procedures?
What is:
Fed: Rule 26, mandatory disclosure
Expert information
Pretial witnesses and documents
What are defenses to crimes?
Self Defense
Defense of Others
Insanity (M'Nagten Test, Durham Test, MPC)
Intoxication
Necessity
Mistake
Impossibility
Entrapment
What is Defamation?
CL defintiion
Constitutional Law
Defenses
What is the difference between Real Covenants vs. Equitiable Servitudes
The primary difference between a real covenant and an equitable servitude is the legal remedy sought: real covenants are enforced by money damages in a court of law, while equitable servitudes are enforced by injunctions or specific performance in a court of equity
What are the contract remedies for breach?
1. Limitations (foreseeability, duty to mitigate, certainty, causation
2. Expectation Damages
3. Consequential Damages
4. Incidential Damges
6. Reliance Damages
7. Liquidated Damges
8. Nominal Damages9. Punitive Damges
What is the final judgement rule?
What is the rule that you cannot appeal unless you have a final judgement on the merits?
FJR Exceptions:
- Injunctions
- Collateral issues
- Multiple claims/ parties
- Extraordinary writ
- Certiciation of class actions
What are exceptions to the generally requirement for a warranty?
SILA
Plain view doctrine
Automobile Exception
Consent
Exigent Circumstances
Stop and Frisk
What are privacy rights?
Appropriations
Intrusions upon seculions
False light
Public Disclosure of Private Facts
What are water rights?
Drain Surface water
Riparian Rights
Ground water