Property
Someone who takes property for value and without notice in good faith.
A bona fide purchaser
Occurs when defendant fails to act in
a responsible way, subjecting others to an unreasonable risk of harm
Negligence Tort
A declaration by a court that a valid marriage never existed.
Annulment
Greater than $75,000
Amount in Controversy
A type of contract that arises when a promise is given in exchange for performance.
A Unilateral Contract
property that is intentionally placed somewhere but then forgotten
The intentional unlawful, harmful or offensive touching of the person of another.
Battery
One's regular, nearly automatic, response to a repeated situation.
Habit
The Defendant can do this only from state to federal court, NOT vice versa
Removal
Implied warranty of merchantability can only be made by...
A merchant seller
The elements of Adverse Possession
Actual
open/notorious
hostile
exclusive
continuous
Possession for a statutory period (20 years in IL)
The intentional act by a defendant that causes serious and substantial interference with a plaintiff's chattel that it deprives P of said chattel.
The area immediately surrounding a dwelling.
curtilage
This case established the minimum contacts test
International Shoe
An acronym used to describe contracts that must be in writing to be enforceable
M.Y.L.E.G.S
A future interest that depends on the occurrence of an uncertain event.
A contingent remainder.
DAILY DOUBLE
When a diner began choking on a piece of shrimp, a waitress rushed to the diner’s assistance. Before she could reach the diner, the waitress slipped on some pudding that a busboy had failed to remove from the floor. The waitress fell on top of another restaurant patron, injuring him.
If the injured patron sues the waitress for his injuries, can he recover?
Internal governance document, not filed with the state that can be adopted by the board of directors
Corporate bylaws
Allows for a party to bring in all claims, both related and unrelated together against an opposing party.
Rule 18 -- Joinder
A common law rule that requires that the terms of the offeree's acceptance to adhere exactly to the terms of the offeror's offer for a valid contract to be formed.
Mirror Image Rule
A 1948 Supreme Court decision that outlawed restrictive covenants on the occupancy of housing developments by African Americans, Asian Americans, and other minorities.
Shelley v. Kraemer
States that the elements of duty of care and breach of that duty can sometimes be inferred from the very nature of an accident or other outcome, even without direct evidence of how any defendant behaved.
Res Ipsa Loquitur/ "The thing speaks for itself"
A document that has been handwritten (all or just a portion depending on the jurisdiction) and signed by the testator.
A Holographic will
DAILY DOUBLE
A resident of the District of State A properly brought a diversity action in federal court against a resident of the District of State B and a resident of the District of State C for a cause of action that arose from events that occurred in the District of State D.
In which judicial districts is venue proper?
A provision in certain legal contracts that allows for the payment of a specified sum should one of the parties be in breach of contract.
Liquidated Damages Clause