Property I
If you hold title to one of these then you have the right to possess it right now
Possessory Estates (Fee Simple Absolute, Fee Tail, Life Estate, Term of Life Years (TOY), Defeasible Estates)
An offeree must accept this offer by performance
A unilateral contract
If there is no remedy then a plaintiff may not. . .
may not have redressability and therefore lacks standing
Elements of common law burglary
Breaking, Entering, The Dwelling House, Of Another, At Night, With the Intent to Commit a Felony
Interference with another person's personal property
Trespass to Chattel
Elements of Adverse Possession
Actual, Open and Notorious, Hostile and Adverse, Exclusive, and Continuous
What do you call a promise that's not supported by consideration?
An illusory promise ("I promise to give you my car unless I decide not to move to Nevada in March")
Recognized in South Dakota v Dole, known as the Dole Test
1) promote the general welfare; 2) unambiguous; 3) related to federal interests; and 4) must be constitutional
Trespassory Taking (CL Larceny)
1)Takes without asking; 2) Ask to take but lies; and 3) Mistakenly transfers but with knowledge at the time of transfer
What are the four elements of a prima facie case of negligence?
Duty, Breach, Causation, and Damages
A fee simple that does not automatically terminate but may be cut short or divested at the transferor’s election when a stated condition happens. “But if. . ., “: “provided, however, that when the premises” or “on condition that if the premises”
Fee Simple Subject to Condition Subsequent
Casanova offers to sell his collection of hotel towels to Don Juan for $300. Don Juan says "I don't want them." Can Don Juan turn around and then accept the offer?
No. Express rejection terminates an offer therefore, the offeree cannot accept it.
The President signs a new law, drafted by Congress, but then goes through and scratches out the parts he doesn't like
A line-item veto, found to be unconstitutional due to it violating Article I.
Alexandra stabs Rasputin as he is about to ravish her. Is the killing justifiable, or it is excusable?
It is justifiable because it was necessary to prevent her rape and Alexandra was exercising her legal right of self-defense.
Prince Charming kisses Sleeping Beauty's hand as she sleeps. Beauty doesn't know Charming, and she'd have been offended by the kiss had she been awake. Charming knows this. Has Charming committed a battery?
Yes. A battery is an intentional harmful or offensive bodily contact. The plaintiff's apprehension or knowledge of the touching is irrelevant, as long as it would have been offensive had P known.
A leaves Tree House "to B and C and their heirs." B and C are siblings. Under modern rules, what kind of tenancy is created?
Tenancy in Common
Hansel agrees to sell his house, Gingerbread House, to Baker, for $10,000. An hour later Gretel comes along and makes Hansel a better offer for $15,000. Hansel calls Baker and tells him the deal is off. Can Baker enforce their agreement?
No. The Statute of Frauds requires that contracts made for the sale of real property must be in writing. If they are not made in writing then they are unenforceable.
Michigan imposes a $2,000 dollar tax on all meat and meat products shipped outside of the state in an effort to ensure an adequate meat supply for its citizens. What approach will the court use to analyze this law?
1. Does the law discriminate on its face?; and
2. If the state statute regulates evenhandedly and the effects on interstate commerce are incidental, what are the state interests versus the burden on Congress?
Juliet is pregnant. Romeo walks up to her with a knife and says "Once you have the baby, I'm going to kill you." Juliet pulls out a gun and shoots him. Can Juliet defend on self-defense grounds?
No, because the threatened force must be imminent; where the threat refers to the future, physical violence is not necessary.
Catherine the Great is knocked out while exercising her horse. In an effort to save her life, Dr. Goren Guts operates on her. Has Dr. Guts committed a battery?
No. In this case, consent would be implied as a matter of law because the action is necessary to save a life.
Fact Pattern: Husband and Wife are tenants in common of Villa Italia. Wife dies and leaves her interest to C. Can the Husband successfully contest the will, claiming his right o survivorship voids the conveyance to C?
No. Tenancies in Common are freely alienable, intestacy or inter vivos deed. making Husband and C tenants in common. Joint Tenancies and Tenancies by the Entirety have the right of survivorships in common.
Fact Pattern: ABC Exterminating Co. decided to buy rat poison from D's Manufacturing. D's Manufacturing sends outs its list of terms (price, shipping, etc.) and ABC wires back "We will order most our rat poison from you for next year." Applying the UCC, could there be a contract?
No because there is no quantity term making the contract too vague to enforce
The United States is attacked by a large group of terrorists from Ontario. The President immediately declares war on the nation of Ontario. Is this action constitutionally valid?
No. The President has no power to declare war; Congress must do so. However, the President does have the authority to conduct military activity against hostile actors without a declaration of war pursuant to Article II.
Pretty Boy Floyd attempts the robbery of the First National Bank but is foiled in his attempt by a vigilant guard who shoots him. Floyd flees w/o robbing the bank and kills the guard in the process. Is Floyd guilty of felony murder?
Yes; there was a homicide committed as a result of a dangerous felony.
Mr. Magoo is driving along a street. Helen, who is blind, is crossing the street on a "Don't Walk" signal w/ her guide dog near a school for the blind. Magoo carelessly hits & injures Helen. When she sues Magoo for negligence, he defends himself on the grounds that he complied with the traffic codes, & was thus not negligent. Who's right?
Helen. Compliance with a civil statute does NOT necessarily establish due care.