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This doctrine apportions a mixed asset's value between separate and marital property by tracing the sources of the contributions, without changing the asset's overall character.
What is the source of funds rule?
The difference between larceny by trick and false pretenses turns entirely on whether the victim intended to transfer this, versus mere possession.
What is title (ownership)
A purchase money mortgage gets priority over a buyer's PRE-EXISTING judgment creditors, but this rule does NOT protect the PMM against a later party who does this.
What is records first without notice (a subsequent Bona Fide Purchaser under the recording act)?
These are the five elements required for issue preclusion to apply: same issue, actually litigated, actually decided, essential to the judgment, and this.
What is a final, valid judgment on the merits?
This type of due process requires the government to provide notice and an opportunity to be heard before depriving a person of life, liberty, or property.
What is procedural due process?
Under the UCCJEA, this is the number of consecutive months a child must have resided in Georgia, immediately before a custody proceeding, for Georgia to be the child's home state.
What is 6 months?
The difference between a condition precedent and a condition subsequent turns on whether the triggering event happens BEFORE a duty arises, or CUTS OFF a duty that already exists, and this legal consequence flips depending on which one applies.
What is the burden of proof (who has to prove the condition occurred)?
A seller can cure a non-conforming tender even AFTER the contract deadline has passed, but only if the seller had this.
What is reasonable grounds to believe the original tender would be acceptable?
This doctrine holds that once a deed is delivered and accepted, prior contractual promises about the property (like the implied warranty of marketable title) are extinguished, EXCEPT for promises actually contained in the deed itself.
What is the merger doctrine (merger by deed)?
This 5th Amendment clause has NEVER been incorporated against the states through the 14th Amendment — pretty much the only Bill of Rights provision not applied to states.
What is the grand jury indictment clause?
Attempt always requires this type of intent, even when the target crime itself only requires recklessness or is a strict liability offense, meaning 'attempted manslaughter' is not a valid charge.
What is specific intent?
The difference between a right of first offer and a right of first refusal turns on whether the rights-holder responds to the owner's own proposed terms, or to this instead.
What is an actual, already-negotiated outside offer?
The business judgment rule protects honest mistakes of director judgment, but does NOT protect this category of self-interested conduct, which instead triggers duty of loyalty analysis.
What is self-dealing (or usurping a corporate opportunity)?
This implied UCC warranty arises when the seller knows the buyer's particular purpose and the buyer relies on the seller's skill or judgment to select suitable goods,it does NOT require the seller to be a merchant.
What is the implied warranty of fitness for a particular purpose?
This takings-adjacent doctrine under the 14th Amendment (applying the 5th Amendment's Takings Clause to the states) requires just compensation when government regulation denies all economically viable use of property.
What is a regulatory taking?
Under this doctrine, an officer lawfully present in a location may seize an item without a warrant if its incriminating nature is immediately apparent.
What is the plain view doctrine?
The difference between a fee simple determinable and a fee simple subject to condition subsequent turns on whether reversion to the grantor happens automatically, or requires the grantor to do this.
What is affirmatively exercise a right of entry?
An equitable servitude can bind a lot whose own deed omits the restriction, through the implied reciprocal servitude doctrine, but only if the current owner had one of these three things.
What is notice (actual, record, or inquiry)?
his implied UCC warranty requires goods to be fit for their ordinary purpose, but applies ONLY when the seller is a merchant dealing in goods of that kind.
What is the implied warranty of merchantability?
This doctrine provides that a federal court sitting in diversity jurisdiction applies state substantive law and federal procedural law
What is the eerie doctrine
Under this doctrine, officers may conduct a brief investigatory stop and pat-down based only on reasonable suspicion, a lower standard than probable cause.
What is stop and frisk
This doctrine bars relitigating a specific issue actually litigated and decided in a prior action, even in a suit on a different claim, and can apply even between different parties through non-mutual application.
What is issue preclusion (collateral estoppel)?
This exception allows a warrantless search of a vehicle if officers have probable cause to believe it contains evidence of a crime, extending to any container that could hold the evidence sought.
What is the automobile exception?
This type of due process protects certain fundamental rights from government interference altogether, regardless of what procedures are followed.
What is substantive due process?
This test is currently used for establishment clause cases because our supreme court is like Gilead lite rn.
What is the History and Tradition Test