Secured Transactions
(1) Must have a valid security agreement;
(2) Must have value given by the creditor;
(3) Debtor must maintain rights in the collateral
What are the elements that make a proper Substitute Service of Process?
(1) At ∆'s usual place of residence; (2) with someone of suitable age and discretion; AND (3) person resides at house
What crimes are subject to the felony murder rule?
What are 5 of the 8 ways to terminate an easement?
(END CRAMP)
(1) Estoppel: Servient owner materially changes position in reliance on oral expression of intent to terminate easement
(2) Necessity: Given necessity ENDS (unless easement was in writing)
(3) Destruction: Servient land destroyed
(4) Condemnation: of servient land
(5) Release: WRITTEN termination by easement holder made to servient owner
(6) Abandonment: Physical action by easement holder evincing intent to no longer use easement again
(7) Merger: Unification of dominant and servient parcel
(8) Prescription: Servient owner interferes with easement (AP) > (COAH)
What are the 5 non-character evidence purposes that a PRIOR BAD ACT may be introduced for at trial?
(MIMIC)
(1) Motive
(2) Intent
(3) Mistake (lack thereof)
(4) Identity (Copycat crime, MO)
(5) Common Scheme or Plan
A financing statement is valid when it:
(2) Describes the collateral; and
(3) Is authorized by D (signing of the SA)
How is the citizenship of a corporation determined for PJ purposes AND venue purposes?
PJ: A corporation is a citizen in (1) the state where their PPOB is; AND (2) ANY state which they are incorporated in
Venue: A corporation is a citizen ANYWHERE where they are subject to PJ
What are the elements of conspiracy?
(1) Agreement by 2 or more persons; (2) Intent to enter into an agreement; (3) intent to achieve unlawful objective agreement; and (4) an overt act in furtherance of the conspiracy
What are the 3 types of vested remainders?
(1) Indefeasibly Vested Remainder; (2) Vested Remainder Subject to Total Divestment; and (3) Vested Remainder Subject to Open
A Record may be read into evidence as a Past Recollection Recorded IF:
(A) Witness has insufficient recollection;
(B) W HAD personal knowledge of record when made
(C) W MADE record/adopted it; AND
(D) Made record while matter was fresh in W’s mind
A PMSI in EQUIPMENT will have priority over a PRIOR perfected security interest IF:
The PMSI is perfected within 20 days of the debtor receiving the collateral
What are the factors a court will consider when determining whether to transfer a case from a PROPER venue?
Public Factors: (1) What law applies? (2) which jury system should be burdened? (3) Desire to keep local controversy in local court
Private Factors: Location of ∆s & evidence
What are the elements of larceny?
(1) Wrongful taking;
(2) And carrying away (asportation);
(3) Of tangible personal property of another;
(4) By trespass;
(5) With intent to permanently deprive them
The Rule Against Perpetuities applies to ONLY what 3 future interests?
(A) Contingent Remainder;
(B) Executory Interests; OR
(C) Vested Remainder Subject to Open
What is the FRE 403 Balancing Test?
Relevant evidence MAY be excluded of probative value SUBSTANTIALLY outweighed by:
(A) Danger of unfair prejudice
(B) Misleading the jury
(C) Needless presentation of cumulative evidence
(D) Undue delay / waste of time
How is priority determined between a perfected security interest and a judgment lienholder?
Judgment lienholder wins if lien arose BEFORE security interest was PERFECTED
When will an amendment to the pleadings that names a NEW DEFENDANT relate back after the SOL has passed?
(A) Amendment concerns same T/O as original complaint;
(B) W/in the allotted time period after the complaint (90 DAYS)
(C) ∆ had knowledge of case such as to avoid prejudice; AND
(D) ∆ KNEW or SHOULD’VE known they would’ve been named but for mistake
What are the 11 specific intent crimes?
(Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts)
(1) Solicitation; (2) Conspiracy; (3) Attempt; (4) First Degree Murder; (5) Assault; (6) Larceny; (7) Embezzlement; (8) False Pretenses; (9) Robbery; (10) Burglary; (11) Forgery
Define horizontal and vertical privity
Horizontal Privity: Original promising parties had succession of estate (Grantor-grantee / LL-Tenant / Mortgagor-mortgagee)
Vertical Privity: Successor in interest and original owner have non-hostile nexus (contract, devise, will)
The former testimony of an UNAVAILABLE witness may be offered as SUBSTANTIVE evidence if:
(A) Declarant gave testimony under OATH; AND
(B) Opposing party has OPPURTUNITY + similar MOTIVE to DEVELOP testimony
What is the garage sale rule for a buyer who purchases consumer goods that are subject to a security interest?
The buyer will take the property FREE of the security interest IF:
(1) No KNOWLEDGE of the interest;
(2) Purchased for VALUE;
(3) For PERSONAL use (consumer goods);
(4) Bought BEFORE finnancing statement for goods is FILED
What are 3 out of the 5 examples of a state law that is CLEARLY substantive for Erie purposes? (Step 2)
(A) Conflict/ Choice of law;
(B) Elements of claim/defense;
(C) SOLs;
(D) Tolling statutes;
(E) Standard for new trial
What is the M’Naghten Rule for an insanity defense?
(1) Disease of the mind; (2) Caused a defect of reason; (3) such that ∆ lacked the ability to know the wrongfulness of their actions
What are the duties of a life tenant?
Duties of Life Tenant: MUST
(i) Preserve land in reasonable state of repair;
(ii) Pay ordinary taxes; AND
(iii) Pay interest on mortgage (NOT principal)
What is the business records exception to hearsay?
(1) Made by a business;
(2) kept in the regular course of business;
(3) made at or near the time of the event by someone with personal knowledge of the event; AND
(4) keeping such records is the regular practice of the business