Land Ho!
What are the four exceptions to the Statute of Frauds in land sales contracts?
1. Part Performance (2/3 of possession, payment, improvements)
2. Full Performance
3. Detrimental Reliance
4. Admission
What is congress permitted to regulate under the commerce clause?
channels, instrumentalities, persons and things in interstate commerce and intrastate activities that, in the aggregate, substantially affect interstate commerce (subject to rational basis)
What offers are irrevocable?
Firm Offer under the UCC
Option Contract
Unilateral Contract once partial performance has started
Reasonably foreseeable substantial reliance
What is strict scrutiny and what is subject to it?
Strict scrutiny -- government must prove the regulation is narrowly tailored to a compelling gov interest
Applies to Race, national origin, fundamental rights, content-based speech restrictions in traditional and designated public forum, laws that intentionally target religious conduct
what are the elements and consequences of negligence per se?
duty and breach are established if
1. d violated a law
2. the law imposed a duty
3. P is in the class of people the statute is trying to protect
4. P received the injury the statute was trying to prevent
What are the elements of adverse possession?
Open and Notorious
Continuous
Exclusive
Adverse (Hostile)
Statutory Period
Actual
When does a plaintiff have standing to bring a suit?
Injury that is concrete and particularized, actual or imminent
Causation
Redressability
When is contract modification allowed?
Common law -- with consideration unless contract is rescinded and a new one is made, there are unexpected difficulties and modification is fair and equitable or there are new obligations on both sides
when are miranda rights required and when are they invoked?
required during custodial interrogations
invoked by clear, unambiguous statements unless there is a 14 day break in custody, then fresh warnings can circumvent
When does strict liability apply?
Abnormally dangerous activities
Animals
Products
What are the four types of implied easements and how are they created?
Prescription -- adverse possession - exclusivity
Implication -- arises when owner of two parcels uses one parcel to benefit the other and then transfers ownership of one of the parcels
Necessity -- arises when property is virtually useless without the benefit of an easement. Both the dominant and servient estates must have been under common ownership and severance created the necessity
Estoppel -- created by good faith reasonable reliance on permission given by the servient estate holder to make use of the property and easement is necessary to prevent injustice
What are the two exceptions to mootness?
Capable of repetition yet evading review
Voluntary cessation
When do a third party beneficiary's rights vest?
when beneficiary detrimentally relies on rights created, manifests assent or files a lawsuit to enforce
What are the exceptions to the warrant requirement?
Search incident to arrest
administrative searches
stop and frisk
plain view
automobile exception
consent
exigent circumstances
special needs searches
if P is more at fault than the D, P cannot recover but if P is less at fault than D, P's damages are reduced by her percentage of fault
What are the elements necessary to enforce a real covenant?
1. Writing that complies with SoF
2. Intent
3. Touch and Concern
4. Notice (burden only)
5. Privity (vertical for benefit; horizontal and vertical for burden)
What is the difference between the Article IV Privileges and Immunities Clause and the 14th Amendment Privileges and Immunities Clause?
The Art. IV clause provides that states may not discriminate against out of state citizens with respect to fundamental rights unless there is a substantial justification and no less restrictive means
The 14th Amendment provides that states may not pass laws that would infringe on the privileges and immunities of national citizenship
what are a buyer's remedies under the UCC for nonconforming tender?
buyer inspects and accepts or rejects all or part of the goods
buyer must pay for accepted goods minus damages
seller can cure breach if time remains to perform
rightful rejection entitles buyer to remedies as if there was no tender
second prosecution for the same offense after acquittal
second prosecution for the same offense after conviction
multiple punishments for the same offense (Blockburger test)
what is shopkeeper's privilege?
a defense to false imprisonment that provides if the confinement was on or around the merchant's premises for a reasonable time and manner after a reasonable suspicion of shoplifting, the D is not liable
What are the four types of landlord-tenant tenancies and how are they created?
1. Term of Years -- agreement fir a fixed duration, automatically ends at end of term or breach of certain covenants
2. Periodic Tenancy -- created by agreement, presumed when lease has no specified termination date or by operations of law (holdover tenant)
3. Tenancy at Will -- created by agreement or implied when person is allowed to possess premises without paying rent; terminates at any time with reasonable notice
4. Tenancy at Sufferance -- implied when tenant keeps possession after the lease expires
What does the Dormant Commerce Clause allow, and what are the exceptions?
The DCC provides that if congress has not enacted legislation in a particular area of interstate commerce, the states are free to regulate it so long as the law does not discriminate against out of state commerce; unduly burden interstate commerce; or purposefully regulate wholly out of state activity
Exceptions:
State is acting as a market participant
Gov entities are performing a traditional gov function
It is unmistakably clear Congress permitted the action
What are the 4 exceptions to the requirement that UCC contracts satisfy the SoF?
specially manufactured goods
partial payment
receipt and acceptance of goods
if both parties are merchants, failure to object to memo within 10 days
What are the types and definitions of unprotected speech?
Fighting words -- words that by their nature are likely to incite an immediate breach of the peace
Incitement -- words directed to inciting or producing imminent lawless action and are likely to produce such action
Defamation -- if P is a public figure or statement is a matter of public concern, P must prove malice and falsity
Obscenity -- whether the average person, applying contemporary community standards, would find that the material as a whole appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious artistic, literary, political or scientific value
Name and describe the invasion of privacy torts
intrusion upon seclusion -- D intentionally pries or intrudes into a private place in a way that would be offensive to a reasonable person
False light -- D widely spreads facts about p which place p in a false light that would be offensive to a reasonable person
appropriation -- d uses p's name or likeness in an unauthorized way
public disclosure of private facts -- d widely disseminated private information about the p that would be highly offensive to a reasonable person