Property Law
A house is considered?
(What type of property)
Real Property
Explain Marbury v. Madison
The Judicial court system has the power of judicial review, which allows them to review laws and statutes for constitutionality.
What is the primary interest of the court for determining child custody?
The child's best interest
What is a stipulation?
A fact that the two parties reach an agreement on before the events of the trial
What is a Tort?
A civil wrong
What is the difference between Joint Tenancy and Tenancy in Common?
Joint tenancy has a right of survivorship upon death.
What does the first amendment protect?
Speech, Religion, Aress, Assembly, and Petition.
What is common law marriage?
When two people present themselves as married for a period of time and meet a series of requirements, they become legally married.
The probative value is substantially outweighed by its prejudicial effect.
Yes
What is a title?
Refers to legal ownership of real property
What categories of speech are not covered under the 1st amendment?
Defamation, Obscenity, Fighting words/incitement, Sedition
If a state does not practice common law marriage is it still recognized?
Yes!
What does unfairly prejudicial mean under rule 403?
Evidence that causes the jury to decide based on something that is not the facts of the case
Elements of Negligence
Duty, Breach, Causation, Damages, liability
What is required to have a joint tenancy?
Equal right to use or possess the tenants individual portions of the property.
What is not required to prove defamation?
There does not have to be actual malice.
Factors of a common law marriage
Holding themselves out to the community as married, Owning property together, filing joint tax returns
What are each of the subject matters of 403?
Unfair prejudice, confusing the issues, misleading the jury, undue delay wasting time, or needlessly presenting cumulative evidence.
What was the landmark case that set the precedent for negligence?
Palsgraf v. Long Island Railroad Co.
What are the 5 elements of an adverse possession claim?
Open, Continuous, Exclusive, Actual, Notorious
Elements of Obscenity
Does the work appeal to a prurient interest? Is it patently offensive? Does it lack literary, artistic, political, or scientific value?
What needs to be determined during a divorce?
Child support, Child custody, Distribution of property, Alimony
What court case set the precedent for the definition of Prejudicial?
Old Chief v. United States
What did the court examine in Palsgraf?