What are tenancies in common, joint tenancies, and tenancies by the entirety.
100
Four types of leases:
What is 1) term of years; 2) periodic; 3) at will; and 4) at sufferance.
100
When a once lawful existing use for property is now deemed unlawful.
What is nonconforming use.
100
These claims are against a co-party.
What is a cross-claim. As long as the cross claim is part of the same transaction or occurrence, it may be part of the same suit [Fed. R. Civ. P. 13].
100
Before filing any motion, an attorney must do this.
What is investigate the factual and legal bases for that motion [Fed. R.Civ. P. 11].
200
These are the four unities required in a joint tenancy or tenancy by the entirety.
What is title, time, interest, and possession.
200
A landlord has a duty to deliver ____________.
What is possession.
200
When the gov’t makes payments to the landowner over a set period of time until the landowner recoups the value of the nonconforming use.
What is amortization.
200
A person must meet these two requirements for service of process.
Federal Rule of Civil Procedure 4 permits service of process by any person who is not a party and who is not less than 18 years of age.
200
This type of counterclaim is one that arises from the same transaction or occurrence as the original claim
What is compulsory.
300
When co-tenants can't agree, the court can divide the property through __________ or ____________.
What is partition in kind or partition by sale.
300
This guarantees that the landlord will deliver and maintain premises that are safe, clean, and fit.
What is an implied warranty of habitability.
300
Three elements of a zoning ordinance.
What is 1) Reasonably related to the public welfare; 2)
Not too restrictive; (3) and
Not racially discriminatory
300
This motion is meant to give the defendant a clear statement of the claim so the defendant can adequately respond.
What is a Motion for more definite statement. The defendant must make this motion before filing a responsive pleading [Fed. R. Civ. P. 12].
300
These claims must be stated with specificity.
What are fraud claims. Under Fed R. Civ. P. 9(b), when alleging fraud or mistake, a party must state with particularity the circumstances constituting the fraud or mistake.
400
This type of property includes earnings during marriage ( such as income, rents, profits, and fruits of earnings), but does not include gifts, devise, or descent before or during the marriage
What is community property.
400
Every lease contains this, which essentially says that the tenant will not be disturbed by the landlord.
What is a covenant of quiet enjoyment.
400
Two elements an owner must show to qualify for a variance.
What is 1) undue hardship and 2) that the
variance will not negatively impact surrounding property values
400
Three elements that must be met before a party is entitled to discovery on a matter.
What is (1) relevant to the claim or a defense of any party; (2) not unreasonably cumulative or burdensome; and (3) not privileged
400
Under 28 U.S.C. § 1367, the federal district court will have ______________________ over all claims arising out of the same transaction.
What is supplemental jurisdiction. Otherwise, an independent basis for jurisdiction is needed
500
Under termination by death, this option allows the widow(er) to renounce the will and take a share, usually one-half or one-third.
What is modern elective share.
500
Two elements for constructive eviction:
What is 1) landlord's act substantially and permanently interferes with the tenant's use and enjoyment of the premises; and 2) the tenant must move out.
500
The zoning ordinance must conform to the state’s enabling act or it is ______ ______.
What is ultra vires (void).
500
Potential defenses do not have to be raised in initial response
What is (1) failure to state a claim upon which relief can be granted; (2) failure to join a party; and (3) failure to state a legal defense to a claim. In addition, the defense of lack of subject matter jurisdiction is never waived, and even the court itself can raise it at any time.
500
A renewed motion for JMOL must be filed within ___ days after the entry of judgment.
What is 28 days. But it cannot be renewed if it was never made before the case went to the jury. Rule 50b