It's the Lease You Can Do
This type of tenancy continues for successive periods until terminated by proper notice by either party.
What is a periodic tenancy?
A defendant can be convicted of this offense if the prosecutor shows that the defendant intentionally created a reasonable apprehension of imminent bodily harm in the mind of the victim.
What is assault?
A plaintiff may recover this type of damages in a torts action if the plaintiff can prove that the defendant’s conduct was malicious.
What are punitive damages?
This type of statement is not hearsay if it is one of identification of a person as someone the witness perceived earlier.
What is a prior statement by the witness?
This judgment is entered when the defendant does not oppose the case.
What is a default judgment?
Under this legal rule, a writing is required if the lease is for more than one year.
What is the statute of frauds?
Under the common law, a defendant may be guilty of this offense if, having been adequately provoked, the defendant killed someone.
What is voluntary manslaughter?
This is the only intentional tort to the person that requires actual damages.
What is intentional infliction of emotional distress?
This exception to the hearsay rule requires that: (1) the hearsay statement possess circumstantial guarantees of trustworthiness; (2) the statement be strictly necessary; and (3) notice be given to the adversary as to the nature of the statement.
What is the residual “catch-all” exception?
The court may grant this if, from the pleadings, affidavits, and discovery materials on file, it appears that no genuine dispute of material fact exists and that the moving party is entitled to judgment as a matter of law.
What is summary judgment?
This occurs when the tenant fails to take reasonable steps to protect the leased premises from damage from the elements.
What is permissive waste?
Because statutory rape is this kind of crime, a defendant’s reasonable mistake as to the victim’s age is not a defense.
What is a strict liability crime?
For these two intentional torts, a mistaken belief that the defendant owns the property in question is not a defense.
What is (1) trespass to chattels and (2) conversion?
Because there is no opportunity for cross-examination, this type of statement of an unavailable declarant is not admissible against a defendant under the former testimony exception to the hearsay rule.
What is grand jury testimony?
A party may seek this order from the court prior to trial to preserve the status quo.
What is a preliminary injunction?
A tenant partially evicted by the landlord is entitled to this type of remedy.
What is: the tenant is relieved of the obligation to pay rent for the entire premises, even though the tenant continues in possession of the remainder?
This criminal offense consists of the fraudulent conversion of personal property of another by a person in lawful possession of that property.
What is embezzlement?
This defense to an intentional tort is not available if the defendant has a privilege that supersedes the defense.
What is defense of property?
A party may make this type of implied admission if (1) the party heard and understood the statement; (2) the party was physically and mentally capable of denying the statement; and (3) a reasonable person would have denied the accusation.
What is silence?
After a judgment is entered in a case, the prevailing party may seek this type of provisional remedy directing that money or property in the hands of a third party be seized to satisfy the judgment.
What is garnishment?
Absent this, a tenant may freely transfer her leasehold interest.
What is an express restriction in the lease?
In this type of conspiracy, a number of independent conspiracies are linked by a common member and only the common member can be charged with all conspiracies.
What is hub-and-spoke?
Although this may be a defense to an intentional tort, the majority view is that is cannot be a defense to a criminal act.
What is plaintiff’s consent to defendant’s conduct?
The Federal Rules require this to admit statements against interest in criminal cases.
What are corroborating circumstances indicating the trustworthiness of the statements?
A party may move for this type of judgment after the opponent has presented its case but before submission of the case to the jury.
What is a judgment as a matter of law (formerly directed verdict)?